A life insurer may issue policies on either the participating basis or the nonparticipating basis, or on both bases, if the right or absence of right of participation is reasonably related to the premium charged and the insurer is otherwise not in violation of sections 41-1313 (unfair discrimination-life insurance, annuities, and disability insurance) or 41-1314 (rebates, illegal inducements).
Idaho Code § 41-1932