Title 33, Chapter 28, Section 2
( 33-28-2)
(a) No annuity, reversionary annuity, or pure endowment contract,
other than group annuities and except as stated in this Code
section, shall be delivered or issued for delivery in this state
unless it contains in substance each of the provisions specified in
subsection (b) of this Code section or contains provisions which in
the opinion of the Commissioner are more favorable to contract
holders. Any of the provisions not applicable to single premium
annuities or single premium pure endowment contracts shall not, to
that extent, be incorporated in the policy. This Code section shall
not apply to contracts for deferred annuities included in or upon
the lives of beneficiaries under life insurance policies. (b)(1) Grace period. A provision that there shall be a grace
period of not less than 30 days within which any stipulated
payment to the insurer falling due after the first may be made
during which grace period the contract shall continue in force
but, if a claim arises under the contract during the period of
grace, the amount of the payments may be deducted from any amount
payable under the contract in settlement except that, in the case
of reversionary annuities, the insurer may at its option provide
for an equitable reduction of the amount of the annuity payments
in settlement of an overdue or deferred payment in lieu of
providing for deduction of such payments from an amount payable
upon settlement under the contract. (2) Incontestability. A provision that the contract shall be
incontestable after it has been in force for a period of two years
from its date of issue during the life of the person or of each of
the persons upon whose life or lives the contract is made except
for nonpayment of stipulated payments to the insurer. Provisions
relating to benefits in the event of total and permanent
disability and provisions which grant additional insurance
specifically against death by accident or accidental means may
also be excepted. (3) Entire contract. A provision that if any reference is made to
the application for the contract or to the constitution, bylaws,
or the rules of the insurer as forming part of or as affecting the
contract between the parties there shall be included in or
attached to the contract, when issued, a correct copy of the
application signed by the applicant and of the constitution,
bylaws, and rules referred to. (4) Misstatement of age or sex. A provision that if the age or sex
of the person or persons upon whose life or lives the contract is
made, or of any of them, has been misstated, the amount payable or
benefits accruing under the contract shall be such as the
stipulated payment or payments to the insurer would have purchased
according to the correct age or sex; and that if the insurer shall
make or has made any overpayment or overpayments on account of any
such misstatement, the amount of the overpayment or overpayments
with interest at the rate to be specified in the contract, but not
exceeding 6 percent per annum, may be charged against the current
or next succeeding payment or payments to be made by the insurer
under the contract. (5) Dividends. If the contract is participating, there shall be a
provision that beginning not later than the end of the third
contract year the insurer shall annually ascertain and apportion
any divisible surplus accruing on the contract. (6) Reinstatement. A provision that the contract may be reinstated
at any time within one year from the default in making stipulated
payments to the insurer, unless the cash surrender value has been
paid, but all overdue stipulated payments and any indebtedness to
the insurer on the contract shall be paid or reinstated with
interest thereon at a rate to be specified in the contract but not
exceeding 6 percent per annum compounded annually and, in cases
where applicable, the insurer may also include a requirement of
evidence of insurability satisfactory to the insurer. This
paragraph shall not apply to reversionary annuities. (7) Reversionary annuities; reinstatement. In reversionary annuity
contracts there shall be a provision that the contract may be
reinstated at any time within three years from the date of default
in making stipulated payments to the insurer, upon production of
evidence of insurability satisfactory to the insurer and upon
condition that all overdue payments and any indebtedness to the
insurer on account of the contract be paid or, within the limits
permitted by the then cash values of the contract, reinstated with
interest as to both payments and indebtedness at a rate to be
specified in the contract but not exceeding 6 percent per annum
compounded annually. (8) Payment of certain claims. For any cash refund annuity, refund annuity, or any other annuity which provides for a lump sum settlement upon the death of the annuitant, a provision that interest shall be payable on the amount of such lump sum settlement in the same manner, at the same rate, and subject to the same conditions as provided by Code Section 33-25-10 for payment of interest on proceeds or payments under an individual policy of life insurance. |