3 Alaska Admin. Code § 26.449

Current through September 25, 2024
Section 3 AAC 26.449 - Definitions

In 3 AAC 26.430 - 3 AAC 26.449, unless the context requires otherwise,

(1) "active duty" means full-time duty in the active military service of the United States and includes members of the reserve component while serving under published orders for active duty or full-time training; "active duty" does not include members of the reserve component who are performing active duty or active duty for training under military calls or orders specifying periods of fewer than 31 calendar days;
(2) "United States Department of Defense personnel" means all active duty service members and all civilian employees, including non-appropriated fund employees and special government employees, of the United States Department of Defense;
(3) "door-to-door" means a solicitation or sales method in which an insurer or insurance producer proceeds randomly or selectively from household to household without a prior specific appointment;
(4) "general advertisement" means an advertisement having as its sole purpose the promotion of the reader's or viewer's interest in the concept of insurance, or the promotion of the insurer or insurance producer;
(5) "known" or "knowingly" means that the insurer or insurance producer had actual awareness, or in the exercise of ordinary care should have been aware at the time of the act or practice that the person solicited was
(A) a service member; or
(B) a service member in a pay grade of E-4 or below;
(6) "life insurance" has the meaning given in AS 21.12.040 and, unless specifically excluded, includes an annuity as defined in AS 21.12.055 that is individually issued;
(7) "military installation" means a federally owned, leased, or operated base, reservation, post, camp, building, or other facility to which service members are assigned for duty; "military installation" includes barracks, transient housing, and family quarters;
(8) "MyPay" means the Defense Finance and Accounting Service Internet-based system that enables service members to process certain discretionary pay transactions or provide updates to personal information data elements without using paper forms;
(9) "service member" means
(A) an active duty commissioned or warrant officer of the United States armed forces; or
(B) an active duty enlisted member of the United States armed forces;
(10) "service member in a pay grade of E-4 or below" means
(A) for the Air Force, a rank of senior airman or lower enlisted rank;
(B) for the Army, a rank of corporal or specialist or lower enlisted rank;
(C) for the Marines, a rank of corporal or lower enlisted rank; and
(D) for the Navy and Coast Guard, a rank of petty officer third class or lower enlisted rank;
(11) "Servicemembers' Group Life Insurance" means the group life insurance authorized under 38 U.S.C. 1965 - 1980 A for service members;
(12) "side fund" means a fund or reserve that is part of or otherwise attached to a life insurance policy by a rider, endorsement, or other mechanism that accumulates premium or deposits with interest or by other means; "side fund" does not include
(A) a fund or reserve within the meaning given in this paragraph but part of or otherwise attached to an individually issued annuity;
(B) accumulated value, cash value, or secondary guarantees provided by a universal life policy;
(C) cash values provided by a whole life policy that are subject to AS 21.45.300 (standard nonforfeiture law for life insurance); or
(D) a premium deposit fund that
(i) contains only premiums paid in advance that accumulate at interest;
(ii) does not impose a penalty for withdrawal;
(iii) does not permit funding beyond future required premiums;
(iv) is not marketed or intended as an investment; and
(v) does not carry a paid or calculated commission;
(13) "specific appointment" means a prearranged appointment agreed upon by both parties and definite as to place and time;
(14) "United States armed forces" means all components of the United States Army, Navy, Air Force, Marine Corps, and Coast Guard;
(15) "Veterans' Group Life Insurance" means the group life insurance authorized under 38 U.S.C. 1965 - 1980 A for veterans.

3 AAC 26.449

Eff. 12/28/2008, Register 188

In 2010 the revisor of statutes, acting under AS 01.05.031, renumbered former AS 21.36.150 as AS 21.36.900. As of Register 196 (January 2011), the regulations attorney made a conforming technical revision under AS 44.62.125(b)(6), to the authority citation that follows 3 AAC 26.449, so that the citation to former AS 21.36.150 now refers to the renumbered statute, AS 21.36.900.

Authority:AS 21.06.090

AS 21.36.020

AS 21.36.030

AS 21.36.040

AS 21.36.050

AS 21.36.900