Except as stated in par. (b)
, this section applies to any solicitation, negotiation, or procurement of life insurance occurring within this state. This section applies to any issuer of life insurance contracts including fraternal benefit societies and the state life Insurance fund.
Unless otherwise specifically included, this section does not apply to:
Life insurance policies issued in connection with pension and welfare plans as defined by and which are subject to the federal employee retirement income security act of 1974 (ERISA), 29 U.S.C. sections 1001
Variable life insurance under which the death benefits and cash values vary in accordance with unit values of investments held in a separate account.
For the purposes of this section, the following definitions shall apply:
“Cost comparison index" means a number corresponding to the cost of a policy, which can be used to compare similar policies within a company or between companies.
“Equivalent level death benefit" of a policy or term life insurance rider is an amount calculated as follows:
Accumulate the guaranteed amount payable upon death, regardless of the cause of death, at the beginning of each policy year for 10 and 20 years at 5% interest compounded annually to the end of the tenth and twentieth policy years, respectively.
Divide each accumulation of subd. 1.
by an interest factor that converts it into one equivalent level annual amount that, if paid at the beginning of each year, would accrue to the value in subd. 1.
over the respective periods stipulated in subd. 1.
If the period is 10 years, the factor is 13.207 and if the period is 20 years, the factor is 34.719.
“Generic name" means a short title which is descriptive of the premium and benefit patterns of a policy or a rider.
“Life insurance buyer's guide" means the document published by the national association of insurance commissioners entitled life insurance buyer's guide.
“Net payment cost index" means a cost comparison index calculated in the same manner as the comparable surrender cost index except that the cash surrender value is set at zero.
“Policy summary" means a written statement in substantially the same format for all companies and describing only the guaranteed elements of the policy including but not limited to:
A prominently placed title as follows: STATEMENT OF POLICY COST AND BENEFIT INFORMATION.
The name and address of the insurance intermediary, or, if no insurance intermediary is involved, a statement of the procedure to be followed in order to receive responses to inquiries regarding the policy summary.
The full name and home office or administrative office address of the company in which the life insurance policy is to be or has been written.
The following amounts, where applicable, for the first 20 policy years and at least one age from 60 through 65 or maturity whichever is earlier:
Guaranteed amount payable upon death, at the beginning of the policy year regardless of the cause of death other than suicide, or other specifically enumerated exclusions, which is provided by the basic policy and each optional rider, with benefits provided under the basic policy and each rider shown separately.
Total guaranteed cash surrender values at the end of the year with values shown separately for the basic policy and each rider.
Guaranteed endowment amounts payable under the policy which are not included under guaranteed cash surrender values in subd. 5. d.
The effective policy loan annual percentage interest rate, if the policy contains this provision, specifying whether this rate is applied in advance or in arrears. If the policy loan interest is variable, the policy summary shall include the maximum annual percentage rate.
“Surrender cost index" means a cost comparison index calculated by applying the following steps:
Determine the guaranteed cash surrender value, if any, available at the end of the tenth and twentieth policy years.
Divide the result of subd. 1.
by an interest factor that converts it into an equivalent level annual amount that, if paid at the beginning of each year, would accrue to the value in subd. 1.
over the respective periods stipulated in subd. 1.
If the period is 10 years, the factor is 13.207 and if the period is 20 years, the factor is 34.719.
Determine the equivalent level premium by accumulating each annual premium payable for the basic policy or rider (if the annual premium includes supplemental benefits without a separate identifiable charge, a reasonable adjustment may be made) at 5% interest compounded annually to the end of the period stipulated in subd. 1.
and dividing the result by the respective factors stated in subd. 2.
This amount is the annual premium payable for a level premium plan.
Divide the result of subd. 4.
by the number of thousands of the equivalent level death benefit to arrive at the surrender cost index.
The insurer shall provide a policy summary upon delivery of the policy, if the policy form was identified by the insurer under s. Ins 2.17 (4)
as one to be marketed without an illustration.
The policy summary shall consist of a separate document. All information required to be disclosed shall be set out in a manner that does not minimize any information or make any information obscure. Any amounts which remain level for 2 or more years of the policy may be represented by a single number if it is clearly indicated what amounts are applicable for each policy year. If more than one insured is covered under one policy or rider, guaranteed death benefits shall be displayed separately for each insured or for each class of insured if death benefits do not differ within the class. Zero amounts shall be displayed as zero and shall not be displayed as a blank space.
The insurer shall provide to all prospective purchasers of any policy subject to this section a copy of the latest published version of the life insurance buyer's guide, at the time the application is taken, except that insurers which do not market policies through an intermediary may provide the life insurance buyer's guide at the time the policy is delivered provided they guarantee to the policyholder a 30 calendar day right to return the policy for a full refund of premium.
Ins 2.14 Note
Note: Copies of the life insurance buyer's guide can be obtained from the National Association of Insurance Commissioners, 120 West 12th Street, Suite 1100, Kansas City, MO 64105-1925.
Cost comparison indexes, if illustrated, shall be representative of guaranteed values only.
The surrender cost index and the net payment cost index are the only cost comparison indexes which may be illustrated.
Cost comparison indexes, if illustrated, must be shown for year 10 and year 20. Additionally, separate indexes must be displayed for the basic policy and for each optional term life insurance rider. Such indexes need not be included for optional riders which are limited to benefits such as accidental death benefits, disability waiver of premium, preliminary term life insurance coverage of less than 12 months and guaranteed insurability benefits nor for the basic policies or optional riders covering more than one life.
If cost comparison indexes are illustrated, the insurer shall provide a statement regarding the use of the cost comparison indexes, including an explanation to the effect that indexes are useful only for the comparison of the relative costs of 2 or more similar policies.
Each insurer shall maintain at its home office or principal office, a complete file containing one copy of each document authorized by the insurer for use pursuant to this section. The file shall contain one copy of each authorized form for a period of 3 years following the date of its last authorized use. The requirements of this paragraph are in addition to the requirements set forth in ss. Ins 2.16 (30)
and 2.17 (8) (d)
An intermediary shall inform the prospective purchaser, prior to commencing a life insurance sales presentation, that the intermediary is acting as a life insurance intermediary and inform the prospective purchaser of the full name of the insurance company which the intermediary is representing to the buyer. In sales situations in which an intermediary is not involved, the insurer shall identify its full name.
Terms such as financial planner, investment advisor, financial consultant, or financial counseling shall not be used in such a way as to imply that the insurance intermediary is generally engaged in an advisory business in which compensation is unrelated to sales unless such is actually the case.
Any reference to policy dividends shall include a statement that dividends are not guaranteed. If dividends are illustrated, such illustration must comply with the requirements of s. Ins 2.17
Recommendations made by a person subject to this section concerning the purchase or replacement of any life insurance policy are subject to the requirements of s. Ins 2.16 (6)
A system or presentation which does not recognize the time value of money through the use of appropriate interest adjustments shall not be used for comparing the cost of 2 or more life insurance policies.
Except for an illustration as defined in s. Ins 2.17 (3) (i)
no presentation of benefits may display guaranteed and nonguaranteed benefits as a single sum unless the guaranteed benefits are shown separately in close proximity and with equal prominence. The requirements of this paragraph are in addition to the requirements set forth in s. Ins 2.16 (21)
For the purposes of this section, the annual premium for a basic policy or rider, for which the company reserves the right to change the premium, shall be the maximum annual premium.
(6) Unusual circumstances.
Insurers with unique difficulties in implementing provisions of this section may petition the commissioner for allowance to meet the requirements of the section through alternative approaches.
Ins 2.14 History
Cr. Register, March, 1972, No. 195
, eff. 4-1-72; emerg. am. (1) and (2), eff. 6-22-76; am. (1) and (2), Register, 1976, No. 249
, eff. 10-1-76; r. and recr. Register, November, 1978, No. 275
, eff. 1-1-79; am. (3) (a) and (6), r. and recr. appendices, Register, January, 1980, No. 289
, eff. 2-1-80; r. (3) (a) and (f), (4) (a) and (c), Appendices 1, 2 & 3, renum. (3) (b) to (e) and (g) to be (3) (a) to (e), (4) (b), (d) and (e) to be (4) (a) to (c), Register, May, 1984, No. 341
, eff. 6-1-84; r. (10) under s. 13.93 (2m) (b) 16., Stats., Register, December, 1984, No. 348
; am. (1) and (3) (e) 1. i., cr. (4) (am) and appendix 1, Register, October, 1986, No. 370
, eff. 11-1-86; am. (1), (2) (a) and (b) (intro.) and 4., (3) (intro.), (e) 1., (4) (b) and (c), (5) (a), (h) and (k), r. (3) (d) 4., (6), (8) and (9), r. and recr. (5) (e) and (f), renum. (7) to be (6) and am. Register, July, 1989, No. 403
, eff. 8-1-89; correction in (3) (e) made under s. 13.93 (2m) (b) 1., Stats., Register, April, 1992, No. 436
; correction in (3) (f) and (5) (b) made under s. 13.93 (2m) (b) 5. and 7., Stats., Register, June, 1997, No. 498
; r. and recr. Register, March, 1998, No. 507
, eff. 4-1-98; CR 14-075
: cons. (4) (g) (intro.), 2., renum. to (4) (g) and am., r. (4) (g) 1. Register August 2015 No. 716
, eff. 9-1-15.
Annuity benefit solicitations. Ins 2.15(1)(1)
Information on file in the office of the commissioner of insurance and submitted as Exhibit 4 at the hearing February 28, 1980 shows that some of the brochures, presentations, illustrations and other sales material which have been used by insurers and their representatives to sell annuity contracts to Wisconsin residents are confusing, misleading and incomplete, and that annuity purchasers are not receiving the information needed to make sound purchase decisions. The commissioner of insurance finds that such presentations and sales material are misleading, deceptive and restrain competition unreasonably as considered by s. 628.34 (12)
, Stats., and that their continued use would constitute an unfair trade practice under s. 628.34 (12)
, Stats., and would result in misrepresentation as defined and prohibited in s. 628.34 (1)
The purpose of this section is to require insurers to deliver to prospects for deferred annuity contracts or deposit funds, riders or provisions accepted in conjunction with insurance policies or annuity contracts, information which helps the prospect select an annuity benefit appropriate to the prospect's needs, improves the prospect's understanding of the basic features of the plan under consideration and improves the prospect's ability to evaluate the relative benefits of similar plans. This section does not prohibit the use of additional material which is not in violation of any other Wisconsin rule or statute. This section is in addition to and not a substitute for the requirements set forth in s. Ins 2.16
Except as specified in par. (b)
, this section shall apply to any solicitation, negotiation or procurement of annuity or deposit fund arrangements occurring within this state. This section shall apply to any issuer of life insurance policies or annuity contracts, including fraternal benefit societies.
Non-registered variable annuities issued exclusively to an accredited investor or qualified purchaser as those terms are defined by the Securities Act of 1933 (15 U.S.C. Section 77a
et seq.), the Investment Company Act of 1940 (15 U.S.C. Section 80a-1
et seq.), or the regulations promulgated under either of those acts, and offered for sale and sold in a transaction that is exempt from registration under the Securities Act of 1933 (15 U.S.C. Section 77a
Transactions involving variable annuities and other registered products in compliance with Securities and Exchange Commission (SEC) rules and Financial Industry Regulatory Authority (FINRA) rules relating to disclosures and illustrations;
Notwithstanding subdivision 2. above, the delivery of the applicable Buyer's Guide is required in sales of variable annuities and, when appropriate, in sales of other registered products.
Nothing in this subdivision will limit the Commissioner's ability to enforce the provisions of this regulation or to require additional disclosures.
Group annuity and pure endowment contracts purchased under a retirement plan or plans of deferred compensation established or maintained by an employer (including a partnership or sole proprietorship) or by an employee organization, or both;
Immediate annuity contracts (arrangements under which payments begin within 13 months of the issue date);
Policies or contracts issued in connection with employee benefit plans as defined by 29 USC 1002
(3) of the federal employee retirement income security act of 1974 (ERISA), except policies or contracts issued in connection with plans providing for the purchase of annuity contracts solely by reason of salary reduction agreements under 26 USC 403
(b) of the internal revenue code;
Individual retirement accounts and individual retirement annuities as described in 26 USC 408
of the internal revenue code;
A single advance payment of specified premiums equal to the discounted value of such premiums;
A policyholder's deposit account established solely to facilitate payment of regular premiums;
Settlement options under life insurance or annuity contracts.
“Contract Summary"means a written statement to be provided to the buyer at the time of contract delivery describing the elements of the annuity contract or deposit fund in the manner set out in sub. (6)
“Preliminary Contract Summary" means a written statement to be provided to the buyer prior to sale which describes the elements of the annuity contract or deposit fund in the manner set out in sub. (5)
“Buyer's Guide" means one of the following buyer's guides adopted by the National Association of Insurance Commissioners (NAIC):
With respect to sales of fixed or fixed indexed annuities, either:
“Yields" means those effective annual interest rates at which the accumulation of 100% of all gross considerations would be equal to the guaranteed and illustrated cash surrender values at the points specified. For contracts without surrender values the yields shall be figured on the basis of the contract values used to determine annuity payments at the points specified.
(5) Preliminary contract summary.
The Preliminary Contract Summary shall include:
A prominently placed title, PRELIMINARY CONTRACT SUMMARY, followed by an identification of the arrangement to which the statement applies;
The name and address of the insurance intermediary or, if no intermediary is involved, a statement of the procedure to be followed in order to receive responses to inquiries;