Section 1406.50 Standards
for Basic Illustrations
a) Format. A basic illustration shall conform with the following
requirements:
1) The illustration shall be labeled with the date on which it
was prepared.
2) Each page, including any explanatory notes or pages, shall be
numbered and show its relationship to the total number of pages in the
illustration (e.g., the fourth page of a seven-page illustration shall be
labeled "page 4 of 7 pages").
3) The assumed dates of payment receipt and benefit pay-out
within a policy year shall be clearly identified.
4) If the age of the proposed insured is shown as a component of
the tabular detail, it shall be issue age plus the numbers of years the policy
is assumed to have been in force.
5) The assumed payments on which the illustrated benefits and
values are based shall be identified as premium outlay or contract premium, as
applicable. For policies that do not require a specific contract premium, the
illustrated payments shall be identified as premium outlay.
6) Guaranteed death benefits and values available upon surrender,
if any, for the illustrated premium outlay or contract premium shall be shown
and clearly labeled guaranteed.
7) If the illustration shows any non-guaranteed elements, they
cannot be based on a scale more favorable to the policy owner than the
insurer's illustrated scale at any duration. These elements shall be clearly
labeled non-guaranteed.
8) The guaranteed elements, if any, shall be shown before
corresponding non-guaranteed elements and shall be specifically referred to on
any page of an illustration that shows or describes only the non-guaranteed
elements (e.g., "see page one for guaranteed elements").
9) The account or accumulation value of a policy, if shown, shall
be identified by the name this value is given in the policy being illustrated
and shown in close proximity to the corresponding value available upon
surrender.
10) The value available upon surrender shall be identified by the
name this value is given in the policy being illustrated and shall be the
amount available to the policy owner in a lump sum after deduction of surrender
charges, policy loans and policy loan interest, as applicable.
11) Illustrations may show policy benefits and values in graphic
or chart form in addition to the tabular form.
12) Any illustration of non-guaranteed elements shall be
accompanied by a statement indicating that:
A) The benefits and values are not guaranteed;
B) The assumptions on which they are based are subject to change
by the insurer; and
C) Actual results may be more or less favorable.
13) If the illustration shows that the premium payer may have the
option to allow policy charges to be paid using non-guaranteed values, the
illustration must clearly disclose that a charge continues to be required and
that, depending on actual results, the premium payer may need to continue or
resume premium outlays. Similar disclosure shall be made for premium outlay of
lesser amounts or shorter durations than the contract premium. If a contract
premium is due, the premium outlay display shall not be left blank or show zero
unless accompanied by an asterisk or similar mark to draw attention to the fact
that the policy is not paid up.
14) If the applicant plans to use dividends or policy values,
guaranteed or non-guaranteed, to pay all or a portion of the contract premium
or policy charges, or for any other purpose, the illustration may reflect those
plans and the impact on future policy benefits and values.
b) Narrative Summary. A basic illustration shall include the
following:
1) A brief description of the policy being illustrated, including
a statement that it is either an individual or group life insurance policy;
2) A brief description of the premium outlay or contract premium,
as applicable, for the policy. For a policy that does not require payment of a
specific contract premium, the illustration shall show the premium outlay that
must be paid to guarantee coverage for the term of the contract, subject to
maximum premiums allowable to qualify as a life insurance policy under the
applicable provisions of the Internal Revenue Code;
3) A brief description of any policy features, riders or options,
guaranteed or non-guaranteed, shown in the basic illustration and the impact
they may have on the benefits and values of the policy;
4) Identification and a brief definition of column headings and
key terms used in the illustration; and
5) A statement containing in substance the following: "This
illustration assumes that the currently illustrated non- guaranteed elements
will continue unchanged for all years shown. This is not likely to occur, and
actual results may be more or less favorable than those shown."
c) Numeric Summary.
1) Following the narrative summary, a basic illustration shall
include a numeric summary of the death benefits and values and the premium
outlay and contract premium, as applicable. For a policy that provides for a
contract premium, the guaranteed death benefits and values shall be based on
the contract premium. This summary shall be shown for at least policy years 5,
10 and 20 and at age 70, if applicable, on the three bases shown below. For
multiple life policies the summary shall show policy years 5, 10, 20 and 30.
A) Policy guarantees;
B) Insurer's illustrated scale;
C) Insurer's illustrated scale used but with the non-guaranteed
elements reduced as follows:
i) Dividends at 50% of the dividends contained in the
illustrated scale used;
ii) Non-guaranteed credited interest at rates that are the
average of the guaranteed rates and the rates contained in the illustrated
scale used;
iii) All non-guaranteed charges, including but not limited to term
insurance charges, mortality and expense charges, at rates that are the average
of the guaranteed rates and the rates contained in the illustrated scale used.
2) In addition, if coverage would cease prior to policy maturity
or age 100, the year in which coverage ceases shall be identified for each of
the 3 bases.
d) Statements. The following statements shall be included on the
same page as the numeric summary and signed by the applicant, or the policy
owner in the case of an illustration provided at time of delivery, as required
by this Part.
1) A statement to be signed and dated by the applicant or policy
owner reading as follows: "I have received a copy of this illustration
and understand that this illustration assumes that the current illustrated
non-guaranteed elements will continue unchanged for all years shown. This is
not likely to occur, and actual results may be more or less favorable than
those shown."
2) A statement to be signed and dated by the insurance producer
or other authorized representative of the insurer reading as follows: "I
have informed the applicant or policy owner that this illustration assumes that
the currently illustrated non-guaranteed elements will continue unchanged for
all years shown. This is not likely to occur, and actual results may be more
or less favorable than those shown."
e) Tabular Detail.
1) A basic illustration shall include the following for at least
each policy year from 1 to 10 and for every fifth policy year thereafter ending
at age 100, policy maturity or final expiration; and except for term insurance
beyond the 20th year, for any year in which the premium outlay and
contract premium, if applicable, is to change.
A) The premium outlay and mode the applicant plans to pay and the
contract premium, as applicable;
B) The corresponding guaranteed death benefit, as provided in the
policy; and
C) The corresponding guaranteed value available upon surrender, as
provided in the policy.
2) For a policy that provides for a contract premium, the
guaranteed death benefit and value available upon surrender shall correspond to
the contract premium.
3) Non-guaranteed elements may be shown if described in the
contract. In the case of an illustration for a policy on which the insurer
intends to credit terminal dividends, they may be shown if the insurer's
current practice is to pay terminal dividends. If any non-guaranteed elements
are shown they must be shown at the same durations as the corresponding
guaranteed elements, if any. If no guaranteed benefit or value is available at
any duration for which a non-guaranteed benefit or value is shown, a zero shall
be displayed in the guaranteed column.
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TITLE 50: INSURANCE
CHAPTER I: DEPARTMENT OF INSURANCE SUBCHAPTER s: LEGAL RESERVE LIFE INSURANCE
PART 1406
INDIVIDUAL AND GROUP LIFE INSURANCE POLICY ILLUSTRATIONS
SECTION 1406.60 STANDARDS FOR SUPPLEMENTAL ILLUSTRATIONS
Section 1406.60 Standards
for Supplemental Illustrations
a) A supplemental illustration may be provided so long as:
1) It is appended to, accompanied by or preceded by a basic
illustration that complies with this Part;
2) The non-guaranteed elements shown are not more favorable to
the policyowner than the corresponding elements based on the scale used in the
basic illustration;
3) It contains the same statement required of a basic
illustration that non-guaranteed elements are not guaranteed; and
4) For a policy that has a contract premium, the contract premium
underlying the supplemental illustration is equal to the contract premium shown
in the basic illustration. For policies that do not require a contract
premium, the premium outlay underlying the supplemental illustration shall be
equal to premium outlay shown in the basic illustration.
b) The supplemental illustration shall include a notice referring
to the basic illustration for guaranteed elements and other important
information.
 | TITLE 50: INSURANCE
CHAPTER I: DEPARTMENT OF INSURANCE SUBCHAPTER s: LEGAL RESERVE LIFE INSURANCE
PART 1406
INDIVIDUAL AND GROUP LIFE INSURANCE POLICY ILLUSTRATIONS
SECTION 1406.70 GENERAL RULES AND PROHIBITIONS
Section 1406.70 General
Rules and Prohibitions
a) An illustration used in the sale of an individual or group
life insurance policy shall satisfy the applicable requirements of this Part,
be clearly labeled "Life Insurance Illustration" and contain the
following basic information:
1) Name of insurer;
2) Name and business address of insurance producer or insurer's
authorized representative, if any;
3) Name, age and sex of proposed insured, except where a
composite illustration is permitted pursuant to this Part;
4) Underwriting or rating classification upon which the
illustration is based;
5) Generic name of policy, the insurer product name, if
different, and form number;
6) Initial death benefit; and
7) Dividend option election or application of non-guaranteed
elements, if applicable.
b) When using an illustration in the sale of an individual or
group life insurance policy, an insurer or its insurance producers or other
authorized representatives shall not:
1) Represent the policy as anything other than a life insurance
policy;
2) Use or describe non-guaranteed elements in a manner that is
misleading, or has the capacity or tendency to mislead;
3) State or imply that the payment or amount of non-guaranteed
elements is guaranteed;
4) Use an illustration that does not comply with the requirements
of this Part;
5) Use an illustration that at any policy duration depicts policy
performance more favorable to the policyowner than that produced by the
illustrated scale of the insurer whose policy is being illustrated;
6) Provide an applicant with an incomplete illustration;
7) Represent in any way that premium payments will not be
required for each year of the policy in order to maintain the illustrated death
benefits, unless that is the fact;
8) Use the term "vanish" or "vanishing
premium," or a similar term that implies the policy becomes paid up, to
describe a plan for using non-guaranteed elements to pay a portion of future
premiums;
9) Except for policies that can never develop nonforfeiture
values, use an illustration that is "lapse-supported"; or
10) Use an illustration that is not "self-supporting."
c) If an interest rate used to determine the illustrated
non-guaranteed elements is shown, it shall not be greater than the earned
interest rate underlying the disciplined current scale.
 | TITLE 50: INSURANCE
CHAPTER I: DEPARTMENT OF INSURANCE SUBCHAPTER s: LEGAL RESERVE LIFE INSURANCE
PART 1406
INDIVIDUAL AND GROUP LIFE INSURANCE POLICY ILLUSTRATIONS
SECTION 1406.80 DELIVERY OF ILLUSTRATIONS AND RECORD RETENTION
Section 1406.80 Delivery of
Illustrations and Record Retention
a) If a basic illustration:
1) Is used by an insurance producer or other authorized
representative of the insurer in the sale of a life insurance policy and the
policy is applied for as illustrated, a copy of that illustration, signed in
accordance with Section 1406.50(d)(2), shall be submitted to the insurer at the
time of policy application. A copy also shall be provided to the applicant.
2) Is revised due to the policy being issued other than as
applied for, a revised basic illustration conforming to the policy as issued
shall be sent with the policy. The revised illustration shall conform to the
requirements of this Part, shall be labeled "Revised Illustration"
and shall be signed and dated by the applicant or policyowner and insurance
producer or other authorized representative of the insurer no later than the
time the policy is delivered. A copy shall be provided to the insurer and the
policyowner.
b) If no illustration:
1) Is used by an insurance producer or other authorized
representative in the sale of a life insurance policy or if the policy is
applied for other than as illustrated, the insurance producer or representative
shall certify to that effect in writing on a form provided by the insurer. On
the same form the applicant shall acknowledge that no illustration conforming
to the policy applied for was provided and shall further acknowledge an
understanding that an illustration conforming to the policy as issued will be
provided no later than at the time of policy delivery. This form shall be
submitted to the insurer at the time of policy application.
2) Is used at the time of application, basic illustration
conforming to the policy as issued shall be sent with the policy and signed by
the insurance producer and the policyowner no later than the time the policy is
delivered. A copy shall be provided to the insurer and the policyowner.
c) If the basic illustration or revised illustration is sent to
the applicant or policyowner by mail from the insurer, it shall include
instructions for the applicant or policyowner to sign the duplicate copy of the
numeric summary page of the illustration for the policy issued and return the
signed copy to the insurer. The insurer's obligation under this subsection
shall be satisfied if it can demonstrate that it has made a diligent effort to
secure a signed copy of the numeric summary page. The requirement to make a
diligent effort shall be deemed satisfied if the insurer includes in the
mailing a self-addressed postage pre-paid envelope with instructions for the
return of the signed numeric summary page.
d) A copy of the basic illustration and a revised basic
illustration, if any, signed as applicable, along with any certification that
either no illustration was used or that the policy was applied for other than
as illustrated, shall be retained by the insurer until 3 years after the policy
is no longer in force. A copy need not be retained if no policy is issued.
 | TITLE 50: INSURANCE
CHAPTER I: DEPARTMENT OF INSURANCE SUBCHAPTER s: LEGAL RESERVE LIFE INSURANCE
PART 1406
INDIVIDUAL AND GROUP LIFE INSURANCE POLICY ILLUSTRATIONS
SECTION 1406.90 ANNUAL REPORT NOTICE TO POLICYOWNERS
Section 1406.90 Annual
Report – Notice to Policyowners
a) In the case of a policy designated as one for which
illustrations will be used, the insurer shall provide each policyowner with an
annual report on the status of the policy that shall contain at least the
following information:
1) For universal life policies, the report shall include the
following:
A) The beginning and end date of the current report period;
B) The policy value at the end of the previous report period and
at the end of the current report period;
C) The total amounts that have been credited or debited to the
policy value during the current report period, identifying each by type (e.g.,
interest, mortality, expense and riders);
D) The current death benefit at the end of the current report
period on each life covered by the policy;
E) The net cash surrender value of the policy as of the end of the
current report period;
F) The amount of outstanding loans, if any, as of the end of the
current report period; and
G) Either:
i) For fixed premium policies, if, assuming guaranteed interest,
mortality and expense loads and continued scheduled premium payments, the
policy's net cash surrender value is such that it would not maintain insurance
in force until the end of the next reporting period, a notice to this effect
shall be included in the report; or
ii) For flexible premium policies, if, assuming guaranteed
interest, mortality and expense loads, the policy's net cash surrender value
will not maintain insurance in force until the end of the next reporting period
unless further premium payments are made, a notice to this effect shall be
included in the report.
2) For all other policies, where applicable:
A) Current death benefit;
B) Annual contract premium;
C) Current cash surrender value;
D) Current dividend;
E) Application of current dividend; and
F) Amount of outstanding loan.
3) Insurers writing life insurance policies that do not build
nonforfeiture values shall only be required to provide an annual report with respect
to these policies for those years when a change has been made to non-guaranteed
policy elements by the insurer.
b) If the annual report does not include an in force
illustration, it shall contain the following notice displayed prominently:
"IMPORTANT POLICY OWNER NOTICE: You should consider requesting more
detailed information about your policy to understand how it may perform in the
future. You should not consider replacement of your policy or make changes in
your coverage without requesting a current illustration. You may annually
request, without charge, such an illustration by calling [insurer's phone
number], writing to [insurer's name] at [insurer's address] or contacting your
insurance producer. If you do not receive a current illustration of your
policy within 30 days from your request, you should contact the Department of
Insurance." The insurer may vary the sequential order of the methods for
obtaining an in force illustration.
c) Upon the request of the policyowner, the insurer shall furnish
an in force illustration of current and future benefits and values based on the
insurer's present illustrated scale. This illustration shall comply with the
requirements of Section 1406.70(a) through (b) and Section 1406.50(a) and (e)
of this Part. No signature or other acknowledgement of receipt of this
illustration will be required.
d) If an adverse change in non-guaranteed elements that could
affect the policy has been made by the insurer since the last annual report,
the annual report shall contain a notice of that fact and the nature of the
change will be prominently displayed.
(Source: Amended at 22 Ill. Reg. 20121, effective November 9, 1998)
 | TITLE 50: INSURANCE
CHAPTER I: DEPARTMENT OF INSURANCE SUBCHAPTER s: LEGAL RESERVE LIFE INSURANCE
PART 1406
INDIVIDUAL AND GROUP LIFE INSURANCE POLICY ILLUSTRATIONS
SECTION 1406.100 ANNUAL CERTIFICATIONS
Section 1406.100 Annual
Certifications
a) The Board of Directors of each insurer shall appoint one or
more illustration actuaries.
b) The illustration actuary shall certify that the disciplined
current scale used in illustrations is in conformity with the Actuarial
Standard of Practice No. 24, Compliance with the NAIC Life Insurance
Illustrations Model Regulation promulgated by the Actuarial Standards Board
(ASB), as of December 2016 (no subsequent dates or editions), 1850 M Street NW,
Suite 300, Washington DC 20006; website http://www.actuarialstandardsboard.org/),
and that the illustrated scales used in insurer-authorized illustrations meet
the requirements of this Part.
c) The illustration actuary shall:
1) Be a member of the American Academy of Actuaries;
2) Be familiar with the standard of practice regarding life
insurance policy illustrations;
3) Not have been found by the Director, following appropriate
notice and hearing, to have:
A) Violated any provision of, or any obligation imposed by, the
insurance law or other law in the course of his or her dealings as an
illustration actuary;
B) Been found guilty of fraudulent or dishonest practices;
C) Demonstrated his or her incompetence, lack of cooperation, or
untrustworthiness to act as an illustration actuary; or
D) Resigned or been removed as an illustration actuary within the
past 5 years as a result of acts or omissions indicated in any adverse report
on examination or as a result of a failure to adhere to generally acceptable
actuarial standards;
4) Not fail to notify the Director of any action taken by a
commissioner of another state similar to that identified under subsection
(c)(3);
5) Disclose in the annual certification whether, since the last
certification, a currently payable scale applicable for business issued within
the previous 5 years and within the scope of the certification has been reduced
for reasons other than changes in the experience factors underlying the
disciplined current scale. If non-guaranteed elements illustrated for new
policies are not consistent with those illustrated for similar in force
policies, this must be disclosed in the annual certification. If
non-guaranteed elements illustrated for both new and in force policies are not
consistent with the non-guaranteed elements actually being paid, charged or
credited to the same or similar forms, this must be disclosed in the annual
certification; and
6) Disclose, in the annual certification, the method, of the
following, used to allocate overhead expenses for all illustrations:
A) Fully allocated expenses;
B) Marginal expenses; or
C) A generally recognized expense table based on fully allocated
expenses representing a significant portion of insurance companies and approved
by the NAIC or by the Director.
d) The illustration actuary shall:
1) File a certification with the insurer's Board of Directors and
the Director:
A) Annually for all policy forms for which illustrations are used;
and
B) Before a new policy form is illustrated.
2) If an error in a previous certification is discovered, the
illustration actuary shall notify the insurer's Board of Directors and the
Director promptly.
e) If an illustration actuary is unable to certify the scale for
any policy form illustration the insurer intends to use, the actuary shall
notify the Board of Directors of the insurer promptly of his or her inability
to certify.
f) An annual certification shall be filed with the Director by
the insurer by no later than December 31 of each year for the 12 months
immediately preceding the certification date. A responsible officer of the
insurer, other than the illustration actuary, shall certify:
1) That the illustration formats meet the requirements of this
Part and that the scales used in insurer-authorized illustrations are those
scales certified by the illustration actuary; and
2) That the insurer has provided its insurance producers with
information about the expense allocation method used by the insurer in its
illustrations and disclosed as required by subsection (c)(6).
g) If an insurer changes the illustration actuary responsible for
all or a portion of the insurer's policy forms, the insurer shall notify the
Director of that fact promptly and disclose the reason for the change.
(Source: Amended at 43 Ill. Reg. 9228, effective August 19, 2019)
 | TITLE 50: INSURANCE
CHAPTER I: DEPARTMENT OF INSURANCE SUBCHAPTER s: LEGAL RESERVE LIFE INSURANCE
PART 1406
INDIVIDUAL AND GROUP LIFE INSURANCE POLICY ILLUSTRATIONS
SECTION 1406.110 PENALTIES
Section 1406.110 Penalties
In addition to any penalties
authorized by the Illinois Insurance Code, an insurer or insurance producer who
violates a requirement of this Part may be in violation of other State laws or
regulations.
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