Chapter Ins 2

Ins 2.13(3)(b) (b) If the insurer is a subsidiary of an admitted life insurance company, or affiliated with an admitted life insurance company by common management or ownership, the commissioner may deem it to have satisfied par. (a) 2. if either it or the admitted life insurance company satisfies the provisions of par. (a) 2. The commissioner may deem any licensed insurer which has a satisfactory record of doing business in this state for a period of at least 3 years to have satisfied the provisions of par. (a) 2.

Ins 2.13(3)(c) (c) Before any insurer issues variable contracts in this state, it shall submit to the commissioner:

Ins 2.13(3)(c)1. 1. A general description of the kinds of variable contracts it intends to issue;

Ins 2.13(3)(c)2. 2. If requested by the commissioner, a copy of the statutes and regulations of its state of domicile under which it is authorized to issue variable contracts; and

Ins 2.13(3)(c)3. 3. If requested by the commissioner, biographical data with respect to its officers and directors.

Ins 2.13(4) (4) Separate accounts.

Ins 2.13(4)(a) (a) A domestic insurer issuing variable contracts shall establish one or more separate accounts pursuant to s. 611.25, Stats., subject to the following provisions:

Ins 2.13(4)(a)1. 1. Except as provided in this subsection, an insurer may invest and reinvest amounts allocated to and accumulating in any separate account without regard to any requirements or limitations prescribed by the laws of this state governing the investments of life insurance companies. This subdivision applies only if the insurer maintains in any separate account its reserve liability with regard to benefits guaranteed as to amount and duration and funds guaranteed as to principal or rate of interest, and a portion of the assets of the separate account at least equal to the reserve liability, or another amount approved by the commissioner, is invested in accordance with the laws of this state governing the investments of life insurance companies. No investments in a separate account may be taken into account in applying the investment limitations applicable to the investments of the insurer.

Ins 2.13(4)(a)2. 2. With respect to 75% of the market value of the total assets in a separate account, no insurer may purchase or otherwise acquire the securities of any issuer, other than securities issued or guaranteed as to principal or interest by the United States if, immediately after the purchase or acquisition, the market value of the investment, together with prior investments of the separate account in the security taken at market, would exceed 10% of the market value of the assets of the separate account. The commissioner may waive this limitation if he or she believes that the waiver will not render the operation of the separate account hazardous to the public or the insurer’s policyholders in this state.

Ins 2.13(4)(a)3. 3. No insurer may, either for its separate accounts or otherwise, invest in the voting securities of a single issuer in an amount exceeding 10% of the total issued and outstanding voting securities of the issuer. This limitation does not apply with respect to securities held in separate accounts, the voting rights in which are exercisable only in accordance with instructions from persons having interests in the accounts.

Ins 2.13(4)(a)4. 4. The limitations provided in subds. 2. and 3. do not apply to the investment with respect to a separate amount in the securities of an investment company registered under the investment company act of 1940, 29 USC 80a-1 to 80a-64, as amended, if the investments of the investment company comply in substance with subds. 2. and 3.

Ins 2.13(4)(b) (b) Unless otherwise approved by the commissioner, an insurer shall value assets allocated to a separate account at their market value on the date of valuation, or if there is no readily available market, then as provided under the terms of the contract or the rules or other written agreement applicable to the separate account, except that the insurer shall value the portion of the assets of the separate account equal to the insurer’s reserve liability with regard to the benefits and funds described in par. (a) 1., if any, in accordance with the rules otherwise applicable to the insurer’s assets.

Ins 2.13(4)(c) (c) To the extent provided under any applicable contract, no portion of the assets of any separate account established under this subsection equal to the reserves and other applicable contract liabilities of the account are chargeable with liabilities arising out of any other business the insurer may conduct.

Ins 2.13(4)(d) (d) Notwithstanding any other provision of law, an insurer may:

Ins 2.13(4)(d)1. 1. With respect to any separate account registered with the securities and exchange commission as a unit investment trust, exercise voting rights in connection with any securities of a regulated investment company registered under the investment company act of 1940, 15 USC 80a-1 to 80a-64, as amended, which are held in separate accounts in accordance with instructions from persons having interests in the accounts ratably as determined by the insurer; or

Ins 2.13(4)(d)2. 2.

Ins 2.13(4)(d)2.a. a. With respect to any separate account registered with the securities and exchange commission as a management investment company, establish for the account a committee, board or other body, the members of which may or may not be otherwise affiliated with the insurer and may be elected to membership by the vote of persons having interests in the account ratably as determined by the insurer.

Ins 2.13(4)(d)2.b. b. A committee, board or other body established under subd. 2. a. may, alone or in conjunction with others, manage the separate account and the investment of its assets.

Ins 2.13(4)(d)2.c. c. An insurer or a committee, board or other body established under subd. 2. a. may make other provisions for any separate account established under this subsection in order to facilitate compliance with federal or state law, if the commissioner approves the provisions as not hazardous to the public or the insurer’s policyholders in this state.

Ins 2.13(4)(e) (e)

Ins 2.13(4)(e)1. 1. An insurer may not transfer assets between any of its separate accounts or between any other investment account and a separate account except that an insurer may transfer assets into a separate account solely to establish the account or to support the operation of the contracts with respect to the separate account to which the transfer is made.

Ins 2.13(4)(e)2. 2. An insurer may transfer assets under subd. 1. only as follows:

Ins 2.13(4)(e)2.a. a. By a transfer of cash; or

Ins 2.13(4)(e)2.b. b. By a transfer of securities having a readily determined market value, if the transfer is approved by the commissioner.

Ins 2.13(4)(e)3. 3. Notwithstanding subd. 2., the commissioner may authorize other transfers among accounts if he or she believes that the transfers would not be inequitable.

Ins 2.13(4)(f) (f) The insurer shall maintain in each separate account established under this subsection assets with a value at least equal to the reserves and other contract liabilities with respect to the account, except as otherwise approved by the commissioner.

Ins 2.13(4)(g) (g) Section 611.60, Stats., applies to the members of any separate account’s committee, board or other body established under par. (d) 2. a. No officer or director of the insurer nor any member of a committee, board or body of a separate account may receive directly or indirectly any commission or any other compensation with respect to the purchase or sale of assets of the separate account.

Ins 2.13(5) (5) Filing of contract forms.

Ins 2.13(5)(a) (a) No variable contract may be issued in this state until the commissioner has approved the form or until the form and rates have been filed with the commissioner for 30 days.

Ins 2.13(5)(b) (b) The filing letter shall be in duplicate and shall contain the following information:

Ins 2.13(5)(b)1. 1. An identifying form number and title for each form submitted.

Ins 2.13(5)(b)2. 2. A general description of each form.

Ins 2.13(5)(b)3. 3. A listing of the types of policies to which rider or endorsement forms will be attached.

Ins 2.13(5)(b)4. 4. The form number and date of approval by the commissioner of any form to be superseded.

Ins 2.13(5)(c) (c) One copy of all forms or rates submitted or approval shall be submitted with a copy of the application attached if the application is to be a part of the contract. If the application was previously approved, the form number and date of approval will suffice.

Ins 2.13(5)(d) (d) Each form shall include hypothetical data showing its use, a correct table of values and an explanation of all variable information.

Ins 2.13(5)(e) (e) Each filing shall include an actuarial statement of methods used to calculate values in the contract.

Ins 2.13(6) (6) Variable benefits.

Ins 2.13(6)(a) (a) Any variable contract issued in this state shall contain a statement of the essential features of the procedures to be followed by the insurer in determining the amount of the variable benefits. Each variable contract, including a group contract and any certificate issued under a group contract, shall state that the amount of benefits will vary to reflect investment experience and shall contain on its first page, in a prominent position, a clear statement that the benefits under the contract are on a variable basis and the location in the contract of the details of the variable provisions.

Ins 2.13(6)(b) (b) No illustration of benefits payable under any variable contract may include a projection of past investment experience into the future or a prediction of future investment experience. This paragraph does not prohibit the use of hypothetical assumed rates of return to illustrate possible levels of benefits.

Ins 2.13(6)(c) (c) No insurer may issue an individual variable annuity contract calling for periodic stipulated payments in this state unless the contract contains in substance all of the following provisions or provisions which in the opinion of the commissioner are more favorable to the holder of the contract:

Ins 2.13(6)(c)1. 1. A grace period of 30 days or one month within which the holder may make any stipulated payment, other than the first payment, due the insurer. During the grace period the contract shall continue in force. The contract may include a statement of the basis on which the insurer determines the date that it will apply any stipulated payment received during the grace period to produce the values under the contract arising from the application of the payment.

Ins 2.13(6)(c)2. 2. A right to reinstatement of the contract at any time within 3 years from the date of default in making periodic stipulated payments to the insurer during the life of the annuitant, upon payment to the insurer of the overdue payments as required by the contract, and of all indebtedness, including interest, on the contract. The right to reinstatement does not apply if the insurer has paid the cash surrender value of the contract. The contract may include a statement of the basis on which the insurer determines the date that it will apply the amount to cover the overdue payments and indebtedness to produce the values under the contract arising from the application of the payment.

Ins 2.13(6)(c)3. 3. The options available in the event of default in a periodic stipulated payment. The options may include an option to surrender the contract for a cash value as determined by the contract, and shall include an option to receive a paid-up annuity if the contract is not surrendered for cash. The amount of the paid-up annuity shall be determined by applying the value of the contract at the annuity commencement date in accordance with the terms of the contract.

Ins 2.13(6)(d) (d) Any individual variable annuity contract issued in this state shall stipulate the expense, mortality and investment increment factors to be used in computing the amount of variable benefits or other contractual payments or values, and may guarantee that no expense or mortality results, or both, will adversely affect the amount of benefits. The expense factors may exclude some or all taxes, as stipulated in the contract. In computing the amount of variable benefits or other contractual payments or values under an individual variable annuity contract:

Ins 2.13(6)(d)1. 1. No annual net investment increment assumption may exceed 5%, except with the approval of the commissioner; and

Ins 2.13(6)(d)2. 2. To the extent that the level of benefits may be affected by mortality results, the insurer shall determine the mortality factor from the 1983 Table ‘a’, as defined in s. Ins 2.30 (2) (b), or any modification of that table not having a higher mortality rate at any age.

Ins 2.13(6)(e) (e) The insurer shall establish the reserve liability for variable annuities under s. 623.06, Stats., in accordance with actuarial procedures that recognize the variable nature of the benefits provided.

Ins 2.13(7) (7) Modified guaranteed life insurance.

Ins 2.13(7)(a) (a) An insurer that issues modified guaranteed life insurance policies in this state shall comply with all of the following requirements:

Ins 2.13(7)(a)1. 1. The insurer shall bear mortality and expense risks. The mortality and expense charges shall be subject to the maximum stated in the contract.

Ins 2.13(7)(a)2. 2. For scheduled premium policies, the insurer shall provide a minimum death benefit in an amount at least equal to the initial face amount of the policy as long as premiums are paid, subject to par. (d) 2.

Ins 2.13(7)(a)3. 3. The insurer shall determine the cash value of each policy at least monthly. Each policy shall describe the method of computing cash values and other nonforfeiture benefits and shall state the market-value adjustment formula the insurer uses to determine nonforfeiture benefits. The formula shall apply to both upward and downward adjustments.

Ins 2.13(7)(a)4. 4. With the form filing under s. 631.20, Stats., the insurer shall submit an actuarial statement of the basis for the market-value adjustment formula which states that the formula provides reasonable equity to both the policyholder and the insurer. The form filing shall demonstrate that, if the interest credits at all times during which the policy is in effect equal those guaranteed in the policy, with premiums and benefits determined under the terms of the policy, then, ignoring any market-value adjustment, the resulting cash values and other nonforfeiture benefits shall be at least equal to the minimum values required by s. 632.43, Stats., for a fixed benefit general account policy with the same premiums and benefits.

Ins 2.13(7)(a)5. 5. Guaranteed interest credits in each year for any period of time for which interest credits are guaranteed shall be reasonably related to the average guaranteed interest credits over that period of time.

Ins 2.13(7)(a)6. 6. At the end of any specified guarantee period, the policyholder may select a new guarantee period of not more than 5 years or until the end of the coverage period, whichever is shorter.

Ins 2.13(7)(b) (b) Each modified guaranteed life insurance policy form filed for approval shall contain all of the following:

Ins 2.13(7)(b)1. 1. A cover page, or pages corresponding to a cover page, which shall include all of the following:

Ins 2.13(7)(b)1.a. a. A prominent statement that cash values may increase or decrease in accordance with the market-value adjustment formula.

Ins 2.13(7)(b)1.b. b. A captioned notice that the policyholder may return the policy within 10 days of its receipt, and receive a refund equal to the sum of (i) the difference between premiums paid, including policy fees and other charges, and the amounts allocated to any separate accounts under the policy, and (ii) the value of the amounts allocated to any separate accounts under the policy, on the date the insurer or its agent receives the returned policy, as determined by the market-value adjustment formula.

Ins 2.13(7)(b)1.c. c. Any other item required by statute or administrative rule for fixed benefit life insurance policies which is not inconsistent with this section.

Ins 2.13(7)(b)2. 2. If settlement options are provided, a provision that at least one of the options shall be provided on a fixed basis only.

Ins 2.13(7)(b)3. 3. A description of the basis for computing the cash value and the surrender value under the policy.

Ins 2.13(7)(b)4. 4. A separate statement of premiums or charges for incidental insurance benefits.

Ins 2.13(7)(b)5. 5. Any other policy provision required by this section.

Ins 2.13(7)(b)6. 6. Any other item required by statute or administrative rule for fixed benefit life insurance policies which is not inconsistent with this section.

Ins 2.13(7)(b)7. 7. A provision for nonforfeiture insurance benefits. The insurer may establish a reasonable minimum cash value below which any nonforfeiture insurance options will not be available.

Ins 2.13(7)(c) (c) Each modified guaranteed life insurance policy issued in this state shall provide that the policyholder may borrow at least 75% of the policy’s cash surrender value after the policy has been in force for at least 3 years unless the policy includes a policy loan provision that is no less favorable to the policyholder. Each policy loan provision shall provide all of the following:

Ins 2.13(7)(c)1. 1. The amount borrowed shall bear interest as provided under s. 632.475, Stats.

Ins 2.13(7)(c)2. 2. The insurer shall deduct any indebtedness from the proceeds payable on death.

Ins 2.13(7)(c)3. 3. The insurer shall deduct any indebtedness from the cash surrender value upon surrender or in determining any nonforfeiture benefit.

Ins 2.13(7)(c)4. 4. For scheduled premium policies, whenever the indebtedness exceeds the cash surrender value, the insurer shall give notice of any intent to cancel the policy if the excess indebtedness is not repaid within 31 days after the date the notice is mailed. For flexible premium policies, whenever the total charges authorized by the policy that are necessary to keep the policy in force until the next policy processing day exceed the amount available under the policy to pay those charges, the insurer shall mail the policyholder a report containing the information specified in par. (g) 2.

Ins 2.13(7)(c)5. 5. If the policy specifies a minimum amount which may be borrowed, the minimum may not apply to any automatic premium loan provision.

Ins 2.13(7)(c)6. 6. The policy loan provision does not apply if the policy is under an extended insurance nonforfeiture option.

Ins 2.13(7)(c)7. 7. A policyholder who has not exercised the policy loan provision may not be disadvantaged by exercising it.

Ins 2.13(7)(c)8. 8. Upon the exercise of any policy loan provision, the insurer shall withdraw from the separate account the amount paid to the policyholder and shall return that amount to the separate account upon repayment, except that a stock insurer may provide the amount for a policy loan from the general account.

Ins 2.13(7)(d) (d) A modified guaranteed life insurance policy or related form issued in this state may, in substance, include one or more of the following provisions:

Ins 2.13(7)(d)1. 1. An exclusion for suicide within 2 years after the date the policy takes effect, except that, if the policy includes an increased death benefit as a result of the policyholder’s application after the date the policy takes effect, the exclusion applies only to the amount of the increased benefit.

Ins 2.13(7)(d)2. 2. Incidental insurance benefits on a fixed or variable basis.

Ins 2.13(7)(d)3. 3. If the policy is issued on a participating basis, an offer to pay dividends in cash and other dividend options.

Ins 2.13(7)(d)4. 4. A provision allowing a policyholder to elect in writing, either in the application or after issuance of the policy, an automatic premium loan on a basis not less favorable than the requirements under par. (c), except that the insurer may restrict this provision to the payment of not more than 2 consecutive premiums.

Ins 2.13(7)(d)5. 5. A provision allowing the policyholder to make partial withdrawals.

Ins 2.13(7)(d)6. 6. Any other policy provision approved by the commissioner.

Ins 2.13(7)(e) (e)

Ins 2.13(7)(e)1. 1. An insurer issuing any modified guaranteed life insurance policy in this state shall, before or at the time the application is taken, deliver to the applicant and obtain from the applicant a written acknowledgment of receipt of all of the following information:

Ins 2.13(7)(e)1.a. a. A non-technical summary of the principal features of the policy, including a description of the manner in which the nonforfeiture benefits will be affected by the market-value adjustment formula and the factors which affect the variation. The summary shall include the notice required by par. (b) 1. b.

Ins 2.13(7)(e)1.b. b. A summary of the federal income tax aspects of the policy applicable to the insured, the policyholder and the beneficiary.

Ins 2.13(7)(e)1.c. c. Illustrations, prepared by the insurer, of benefits payable under the policy. No illustration may include a projection of past investment experience into the future or a prediction of future investment experience. This subparagraph does not prohibit the use of hypothetical assumed rates of return to illustrate possible levels of benefits if the insurer makes it clear that such assumed rates are hypothetical only.

Ins 2.13(7)(e)2. 2. An insurer may satisfy the requirements of subd. 1. by delivering to the policyholder a disclosure containing the information required by subd. 1., either in the form of a prospectus which is part of an effective registration statement under the securities act of 1933, 15 USC 77a to 77aa or, if the policies are exempt from the registration requirements of the securities act of 1933, all information and reports required by the federal employee retirement income security act of 1974, 29 USC 1001 to 1461.