Additional Standards for Bonus Benefits for Individual Deferred Variable Annuity Contracts
Table of Contents
1. Date Adopted: June 29, 2021
2. Purpose and Scope: These standards apply to bonus benefits that are built into individual deferred variable annuity contracts or added to such contracts by rider, endorsement or amendment. The bonus benefit can be an interest bonus, a premium bonus, a persistency bonus or any other amounts/percentages that are credited to the premiums paid, account value, cash value, cash surrender value or annuity/maturity value under a specified condition, other than benefits of the type described above that are provided through any pattern of non-level interest rate guarantees (interest rate guarantees that vary over time) on the general account portion of the contract that may be similar to but are not specifically referred to as bonuses or additional credits. The bonus benefit form may reference the bonus as a credit, enhancement, bonus or similar terminology. These standards do not apply to products with a zero (0) bonus.
3. Rules Repealed, Amended or Suspended by the Rule: This rule amends the Additional Standards for Bonus Benefits For Individual Deferred Variable Annuity Contracts originally adopted by the Interstate Insurance Product Regulation Commission (“IIPRC”) on March 14, 2009, and amended on April 12, 2016. The amendments add a definition for “nonforfeiture rate” and clarify throughout that references to NAIC Model 805 are modified to use this definition for annuities filed with the Compact. It is not necessary to resubmit previously approved forms to comply with these amendments, or to suspend use of previously approved forms that do not comply with these amendments. See the Transmittal Memo under the Standards History on the Record for a more detailed description of the amendments.
4. Statutory Authority: Among the primary purposes and powers of the Interstate Insurance Product Regulation Commission (“IIPRC”) is to establish reasonable uniform standards for the insurance products covered in the Interstate Insurance Product Regulation Compact (“Compact”), specifically pursuant to Article I §2, Article IV §2 and Article VII §1 of the Compact, as enacted into law by each IIPRC member state.
5. Required Findings: None
6. Effective Date: October 13, 2021
Scope: These standards apply to bonus benefits that are built into individual deferred variable annuity contracts or added to such contracts by rider, endorsement or amendment. The bonus benefit can be an interest bonus, a premium bonus, a persistency bonus or any other amounts/percentages that are credited to the premiums paid, account value, cash value, cash surrender value or annuity/maturity value under a specified condition, other than benefits of the type described above that are provided through any pattern of non-level interest rate guarantees (interest rate guarantees that vary over time) on the general account portion of the contract that may be similar to but are not specifically referred to as bonuses or additional credits. The bonus benefit form may reference the bonus as a credit, enhancement, bonus or similar terminology. These standards do not apply to products with a zero (0) bonus.
Mix and Match: These standards are available to be used in combination with State Product Components as described in Section 111(b) of the Operating Procedure for the Filing and Approval of Product Filings.
Self-Certification: These standards are not available to be filed on a self-certification basis in accordance with the Rule for the Self-Certification of Products Filed with the Interstate Insurance Product Regulation Commission.
As used in these standards, the following definitions apply:
The term “bonus benefit form” refers to a bonus that is either built into the contract or added by rider, endorsement or amendment on or after the date of issue of the contract.
In addition to the Core Standards requirements, the following standards, as appropriate, apply:
§ 1 ADDITIONAL SUBMISSION REQUIREMENTS
The following additional filing submission requirements apply:
(1) If a bonus benefit is provided by attachment to the contract by rider, endorsement or amendment, include:
(a) A listing by filing jurisdiction of the types of contracts with which the bonus benefit form will be used, including the contract form numbers, the corresponding approval date for these contracts and any filing identification number.
(b) A statement as to whether the bonus benefit form will be made part of the contract at issue or is intended for use after the date of issue of a contract, or both.
(c) A statement as to whether the bonus benefit form is intended for use with new issues and/or in force business.
(d) A description of the bonus benefit for all types of contract forms with which the benefit will be used.
(e) Any contract pages or provisions referenced in the bonus benefit form.
B. ACTUARIAL MEMORANDUM REQUIREMENTS
(1) The actuarial memorandum required by the Core Standards for Individual Deferred Variable Annuity Contracts to which these standards apply, and which is prepared, dated and signed by the member of the American Academy of Actuaries, shall include the following bonus benefit information concerning the calculation of the nonforfeiture values (including both cash surrender values and nonforfeiture values):
(a) A description of the bonus benefit, including any formulae or methodology used to determine the bonus benefit and any requirements for the amount of premiums received or the level of account value attained, or any other conditions that must be met to receive the bonus benefit;
(b) A description of any elements used in determining the bonus benefit and any guarantees or ranges associated with these elements;
(c) An example showing the derivation of the bonus benefit;
(d) A demonstration that the values of the contract, including any guaranteed bonus benefit, comply with Section 7 of the NAIC Model Variable Annuity Regulation, model #250 as interpreted in the Core Standards for Individual Deferred Variable Annuity Contracts to which these standards apply. For purposes of demonstrating compliance with the minimum nonforfeiture requirements of Section 7.D. of the NAIC Model Variable Annuity Regulation, model #250, any bonus is to be treated as a "gross consideration". Bonus benefit assumptions used in any general account nonforfeiture demonstration shall be disclosed in Appendices A-1 and A-2; and
(e) An actuarial certification that the cost trade offs between the product being filed and similar products without a bonus were reviewed and deemed appropriate (i.e. that there will be some situations (e.g., time period or level of premium) in which the bonus creates value to the contract owner relative to the product without the bonus).
(1) Guaranteed elements used in determining the bonus benefit may be changed for new issues without prior notice or approval, as long as the Statement of Variability presents reasonable and realistic ranges for each guaranteed element. At issue a single value within the range filed for the guaranteed element shall be applicable for the life of the contract. Any change to the range filed for a guaranteed element requires a refiling for prior approval and shall be accompanied by a demonstration, if applicable, signed by a member of the American Academy of Actuaries, that the contracts issued within the new range comply with Section 7 of the NAIC Model Variable Annuity Regulation, model #250, as interpreted in the Core Standards for Individual Deferred Variable Annuity Contracts to which these standards apply.
(2) Any identifiable charge for the bonus benefit may be considered a variable item and marked to denote variability.
(3) A zero entry in a range for any benefit or credit is unacceptable, and any change to a range requires a refiling for prior approval.
(1) If a bonus benefit is provided by attachment to the contract by rider, endorsement or amendment, the following shall be included on the cover page:
(a) At least one signature of a company officer if the bonus benefit form is added after the date of issue of a contract.
(b) A statement to the effect that the bonus benefit form is made a part of the contract and that its provisions apply in lieu of any contract provisions to the contrary.
(2) The bonus benefit form shall contain a brief description that shall appear in prominent print on the cover page of the bonus benefit form or is visible without opening the bonus benefit form. The brief description shall contain at least the following information:
(a) A caption stating that a bonus benefit is provided; for example, flexible premium deferred variable annuity contract with bonus provision.
(1) The specifications page of the bonus benefit form shall include any guaranteed elements used in determining the bonus benefit and a statement, if applicable, that:
(a) The elements used in determining the bonus benefit are not guaranteed and can be changed by the company, subject to the guarantees in the bonus benefit form, and that any such changes can affect the account value.
(b) There may be situations in which your bonus benefit may not be fully earned and the owner should read the bonus benefit, surrender charge and bonus benefit forfeiture provisions (or the provisions where those topics are addressed) of the contract carefully.
(2) The specifications page of the bonus benefit form shall include any identifiable charge for the bonus benefit.
(3) Separate policy forms must be submitted when the product is being offered with bonus and non-bonus features. Separate specifications pages to handle both cannot be accepted.
(4) For variations in types of bonuses or guaranteed elements for bonus features, these benefits can be shown through different specifications pages, with a generic cover page indicating a bonus is present. Alternatively, separate policy forms may be submitted to reflect the variations.
(1) The bonus benefit form shall describe any formulae or methodology used to determine the bonus benefit, including any requirements applicable to the amount of premiums received or the level of account value attained, or any other conditions that must be met to receive the bonus benefit.
(2) The bonus benefit form shall describe any elements used in determining the bonus benefit and any guarantees or ranges associated with these elements.
(3) The bonus benefit form shall describe the effect of any bonus benefit credited to the contract on all contract values. The bonus benefit form shall describe the date the bonus benefit is to be credited and the order in which the bonus benefit will be credited to the contract values, relative to other contract charges and credits that could be applied on the same date.
(4) If the bonus benefit is applicable to a contract with multiple separate account funds and/or a general account, the bonus benefit form shall disclose how the bonus shall be allocated among separate account funds and/or the general account.
(5) If the bonus benefit is related to the premiums paid, for any portion of the bonus allocated to the general account, the bonus benefit form shall disclose that the amount of the bonus benefit is not considered a premium payment, but is considered part of interest earnings.
(1) The values of any elements used in determining the bonus benefit and stated in the bonus benefit form shall be guaranteed. Values of nonguaranteed elements shall not be included in the contract.
(2) The bonus benefit form shall indicate which elements are guaranteed and which may be changed at the discretion of the company. The bonus benefit form shall also indicate that the right to change any of these elements is subject to any guarantees with respect to the element and that any change shall be based on future anticipated experience.
E. CONDITIONS UNDER WHICH BONUS BENEFIT MAY BE FORFEITED
(1) The contract may, at the option of the company, deduct from the account value the amount of any bonus benefit credited, provided the following conditions are met:
(a) The conditions for forfeiture are described in the contract;
(b) Forfeiture of the bonus will not reduce the cash value below the minimum nonforfeiture benefit as required under this standard; and
(c) No bonus will be forfeited after the end of the surrender charge period.
(d) A zero bonus is not acceptable under the conditions outlined.
(1) The contract shall disclose that if the contract is returned under the right to examine provision, any bonus benefit credited will not be returned.
G. TERMINATION
(1) A bonus benefit form that is attached to the contract by rider, endorsement or amendment shall include the following termination conditions:
(a) Upon termination of the contract; or
(b) Upon nonpayment of any identifiable charge
Bonus Benefits are herein defined as benefits in the general account of individual deferred variable annuity contracts that provide an interest bonus, a premium bonus, a persistency bonus or any other amounts/percentages that are credited to the premiums paid, account value, cash value, cash surrender value or annuity/maturity value under a specified condition, other than benefits of the type described above that are provided through any pattern of non-level interest rate guarantees that may be similar to but are not specifically referred to as bonuses or additional credits.
For purposes of demonstrating compliance with the NAIC Standard Nonforfeiture Law For Individual Deferred Annuities, model #805 (the Law), and compliance with the requirements of the Core Standards for Individual Deferred Non-Variable Annuity Contracts for the general account portion of individual variable deferred annuity products, the following requirements apply to Bonus Benefits:
(1) For purposes of the retrospective test of the Law (Appendix A-1), any bonus amounts are not to be considered gross considerations.
(2) For purposes of the prospective test of the Law (Appendix A-2):
i. The bonus amount, accumulated at interest using the rate or rates specified in the contract, is to be considered part of the contract maturity value.
ii. The maturity value shall be discounted at an interest rate not to exceed one percent (1%) higher than the level imputed interest rate that produces a maturity value equal to that produced by the interest rate or rates specified in the contract. The level imputed interest rate shall be derived such that gross considerations, net of any expense loads specified in the contract, accumulated at such level imputed interest rate equals gross considerations, net of any expense loads specified in the contract, plus the bonus accumulated at the rate or rates specified in the contract to the maturity date.
Drafting Note: This requirement is intended to produce comparable prospective test results for comparable maturity values and is considered appropriate in the context of all requirements in the Core Standards for Individual Deferred Variable Annuity Contracts to which these guidelines apply, in particular the maturity date restrictions for purposes of the nonforfeiture demonstration. The introduction of this requirement shall not change any of the other core standard guidelines (e.g. for contracts where surrender charge scales are measured from the date of each premium payment, minimum value compliance may be demonstrated assuming each premium payment is treated as a separate single premium contract.)
iii. For situations where the bonus is a non-guaranteed element (subject to change by the company within a pre-filed range), compliance is to be demonstrated, using these Guidelines, for the "worst case" scenario.
(3) The following additional information section shall be added to the top of Appendices A-1 and A-2:
| Bonus Type: | Interest Bonus: | X% of Account Value |
| Premium Bonus: | X% of [Initial/1st Year/All] Premium(s) | |
| Persistency Bonus: | X% per year | |
| Other Bonus Type: | [Describe] | |
| Level imputed interest rate: [X]% |
Effective on 10/13/2021
The purpose of this rule is to amend the following:
Uniform Standards to address the amendment to Section 4(B)(3) of NAIC Model 805, Standard Nonforfeiture Law for Individual Deferred Annuities. See the Transmittal Memo for a more detailed description of the proposed amendments.
- Individual Deferred Non-Variable Annuity Contract Standards
- Individual Deferred Variable Annuity Contract Standards
- Additional Standards for Bonus Benefits for Individual Deferred NonVariable Annuity Contracts
- Additional Standards for Bonus Benefits for Individual Deferred Variable Annuity Contracts
- Additional Standards for Market Value Adjustment Provided through the General Account
- Additional Standards for Index-Linked Crediting Feature for Deferred NonVariable Annuities and the General Account Portion of Individual Variable Annuity Contracts
Effective 10/13/2021
Active
The purpose of this rule is to amend the following:
Uniform Standards to address the amendment to Section 4(B)(3) of NAIC Model 805, Standard Nonforfeiture Law for Individual Deferred Annuities. See the Transmittal Memo for a more detailed description of the proposed amendments.
- Individual Deferred Non-Variable Annuity Contract Standards
- Individual Deferred Variable Annuity Contract Standards
- Additional Standards for Bonus Benefits for Individual Deferred NonVariable Annuity Contracts
- Additional Standards for Bonus Benefits for Individual Deferred Variable Annuity Contracts
- Additional Standards for Market Value Adjustment Provided through the General Account
- Additional Standards for Index-Linked Crediting Feature for Deferred NonVariable Annuities and the General Account Portion of Individual Variable Annuity Contracts
Effective 7/18/2016
to 10/12/2021
Inactive
The Additional Standards for Bonus Benefits for Individual Deferred Variable Annuity Contracts (the "Proposed Standards") apply to bonus benefits that are built into individual deferred variable annuity contracts or added to such contracts by rider, endorsement or amendment. The bonus benefit can be an interest bonus, a premium bonus, a persistency bonus or any other amounts/percentages that are credited to the premiums paid, account value, cash value, cash surrender value or annuity/maturity value under a specified condition, other than benefits of the type described above that are provided through any pattern of non-level interest rate guarantees on the general account portion of the contract that may be similar to but are not specifically referred to as bonuses or additional credits. The bonus benefit form may reference the bonus as a credit, enhancement, bonus or similar terminology.
Effective 6/25/2009
to 7/17/2016
Inactive
The Additional Standards for Bonus Benefits for Individual Deferred Variable Annuity Standards (the "Proposed Standards) apply to bonus benefits built into the annuity contract or added to such contract by rider, endorsement or amendment, which can be interest bonus, a premium bonus, a persistency bonus or any other amounts/percentages that are credited to the premiums paid, account value, cash value, cash surrender value or annuity/maturity value under a specified condition, other than benefits of the type described above that are provided through any pattern of non-level interest rate guarantees that may be similar to but are not specifically referred to as bonuses or additional credits.