Section 21.2210 - Annual Report; Notice to Policy Owners(a) Annual report provision. If an illustration is used in the sale of a life insurance policy after the effective date of this Subchapter, the insurer shall provide each policy owner with an annual report on the status of the policy that shall contain, at a minimum, the applicable information set out in paragraphs (1)-(3) of this subsection. (1) Universal life policies. For universal life policies, the report shall include: (A) the beginning and end date of the current report period;(B) the policy value at the end of the previous report period and at the end of the current report period;(C) the total amounts that have been credited or debited to the policy value during the current report period, identifying each by type (e.g., interest, mortality, expense and riders);(D) the current death benefit at the end of the current report period on each life covered by the policy;(E) the net cash surrender value of the policy as of the end of the current report period;(F) the amount of outstanding loans, if any, as of the end of the current report period; and(G) for fixed premium policies, if, assuming guaranteed interest, mortality and expense loads and continued scheduled premium payments, the policy's net cash surrender value is such that it would not maintain insurance in force until the end of the next reporting period, a notice to this effect shall be included in the report; or(H) for flexible premium policies, if, assuming guaranteed interest, mortality and expense loads, the policy's net cash surrender value will not maintain insurance in force until the end of the next reporting period unless further premium payments are made, a notice to this effect shall be included in the report.(2) Other life insurance policies. For all other policies, the report shall include, as applicable: (A) current death benefit;(B) annual contract premium;(C) current cash surrender value;(E) application of current dividend; and(F) amount of outstanding loan.(3) Life insurance policies without nonforfeiture values. For life insurance policies that do not build nonforfeiture values, insurers shall only be required to provide an annual report with respect to these policies for those years when a change has been made to non-guaranteed policy elements by the insurer.(b) Required policy owner notice. If the annual report does not include an in-force illustration, it shall contain the following notice displayed prominently: "IMPORTANT POLICY OWNER NOTICE: You should consider requesting more detailed information about your policy to understand how it may perform in the future. You should not consider replacement of your policy or make changes in your coverage without requesting a current illustration. You may annually request, without charge, such an illustration by calling (insurer's phone number), writing to (insurer's name) at (insurer's address) or contacting your agent. If you do not receive a current illustration of your policy within 30 days from your request, you should contact your state insurance department." The insurer may vary the sequential order of the methods for obtaining an in-force illustration.(c) In-force illustration to be provided at policy owner request. Upon the request of the policy owner, the insurer shall furnish an in-force illustration of current and future benefits and values based on the insurer's present illustrated scale. This illustration shall comply with the requirements of §21.2206(1) and (2)(A)-(L) of this title (relating to General Rules and Prohibitions); and § 21.2207(4) of this title (relating to Standards for Basic Illustrations). No signature or other acknowledgment of receipt of this illustration shall be required.(d) Notice of change to non-guaranteed elements. If an adverse change in non-guaranteed elements that could affect the policy has been made by the insurer since the last annual report, the annual report shall contain a notice of that fact and the nature of the change prominently displayed.28 Tex. Admin. Code § 21.2210
The provisions of this §21.2210 adopted to be effective September 29, 1998, 23 TexReg 9753.