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054.00.98-4. Definitions

AR ADC 054.00.98-4Arkansas Administrative Code

West's Arkansas Administrative Code
Title 054. Insurance Department
Division 00.
Rule 98. Annuity Disclosure
Ark. Admin. Code 054.00.98-4
054.00.98-4. Definitions
For the purposes of this rule:
A. “Buyer's Guide” means the free guide available at the Arkansas Insurance Department or online at www.insurance.arkansas.gov titled “Buyer's Guide to Fixed Deferred Annuities.”
B. “Contract owner” means the owner named in the annuity contract or certificate holder in the case of a group annuity contract.
C. “Determinable elements” means elements that are derived from processes or methods that are guaranteed at issue and not subject to company discretion, but the values or amounts cannot be determined until some point after issue. These elements include the premiums, credited interest rates (including any bonus), benefits, values, non-interest based credits, charges or elements of formulas used to determine any of these. These elements may be described as guaranteed but not determined at issue. An element is considered determinable if it was calculated from underlying determinable elements only, or from both determinable and guaranteed elements.
D. “Generic name” means a short title descriptive of the annuity contract being applied for or illustrated such as “single premium deferred annuity.”
E. “Guaranteed elements” means the premiums, credited interest rates (including any bonus), benefits, values, non-interest based credits, charges or elements of formulas used to determine any of these, that are guaranteed and determined at issue. An element is considered guaranteed if all of the underlying elements that go into its calculation are guaranteed.
F. “Non-guaranteed elements” means the premiums, credited interest rates (including any bonus), benefits, values, non-interest based credits, charges or elements of formulas used to determine any of these, that are subject to company discretion and are not guaranteed at issue. An element is considered non-guaranteed if any of the underlying non-guaranteed elements are used in its calculation.
G. “Structured settlement annuity” means a “qualified funding asset” as defined in Section 130(d) of the Internal Revenue Code or an annuity that would be a qualified funding asset under Section 130(d) but for the fact that it is not owned by an assignee under a qualified assignment.

Credits

Adopted July 15, 2009.
Current with amendments received through February 15, 2024. Some sections may be more current, see credit for details.
Ark. Admin. Code 054.00.98-4, AR ADC 054.00.98-4
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