Oklahoma Code § 36-1216

Title 36. Insurance: Prohibitions and regulations concerning use of certain
Open in Lexace · Ask the AI about this section
types of policy forms, policy provisions and annuity contracts.
In accordance with the purpose expressed in Section 1 of this
act, the use of certain types of policy forms, policy provisions and
annuity contracts shall be subject to the following prohibitions and
regulations:
1.  No life insurance policy or annuity contract containing a
series of guaranteed annual endowment benefits evidenced by coupons,
passbooks or similar devices generally identified with investment or
banking operations shall be approved for use, and no such policy or
contract heretofore approved shall be issued or delivered in this
state after January 15, 1974;
2.  No life insurance policy or annuity contract containing a
series of guaranteed annual endowment benefits shall be approved for
use and no such policy or contract heretofore approved shall be
issued or delivered in this state after January 15, 1974, unless the
following requirements are satisfied:
a.  the gross premium for the guaranteed annual
endowment benefit shall be shown conspicuously and separately in the

policy, distinct from the gross premium for the life insurance
benefits and, unless the gross premium is so prominently and
separately shown on the schedule of benefits and premiums page in
the policy, the language shall be sub stantially in the following
form: "The premium shown includes an additional (annual, semiannual,
quarterly, monthly, etc.) premium of $_____ for endowment benefits,"
b.  the insured shall be entitled to withdraw the
guaranteed annual endowment benefits not less frequently than at the
end of each policy year.  The number of one-year guaranteed
endowment benefits shall equal the number of annual premiums for
such benefits unless the insurance contract clearly and distinctly
provides otherwise,
c.  payment of any guaranteed annual endowment
benefits shall not be made contingent on the payment of premiums
falling due on or after the time the guaranteed annual endowment
benefit has matured,
d.  the separately stated gross premium for the
series of guaranteed annual endowment benefits shall be based on
reasonable assumptions, consistent with the basic policy form as to
interest, mortality and expense,
e.  the guaranteed annual endowment benefit shall be
expressed in dollars, both in the policy and in any sales or
advertising material relating thereto, and not as a percentage of
any premium or benefit,
f.  no guaranteed annual endowment benefit shall be
described, either in the policy or in any sales or advertising
material, as anything other than a guaranteed benefit for which a
premium is being paid by the policyholder, and
g.  at the time the policy form is filed with the
Insurance Department for approval, said policy form shall be
accompanied by all sales, advertising or other material which the
insurer proposes to use in connection with the sale of such policy;
such sales, advertising or other material shall be approved by the
State Insurance Commissioner.
Nothing in this subsection shall apply to any policy in which the
amount of any endowment or periodic benefit or benefits payable
during any policy year is greater than the total annual premium for
such year;
3.  No coupon policy shall be approved or issued in this state
after the effective date of this act, nor shall any coupon policy
heretofore approved be issued or delivered in this state after
January 15, 1974;
4.  No profit-sharing policy shall be approved for use in this
state after the effective date of this act, nor shall any profit-
sharing policy heretofore approved be issued or delivered in this
state after January 15, 1974.  Nothing contained in this section

shall apply to variable annuity contracts to the extent that such
are permitted under the laws of this state.
This subsection shall not be construed to restrict or prohibit
the sale in this state of any participating life insurance policy
where the dividend or abatement of premium is derived solely from
the profits of that class of participating business;
5.  No charter, founders or coupon policy or policy with a name
of similar connotation shall be approved for use in this state after
the effective date of this act and no charter, founders or coupon
policy or policy with a name of similar connotation heretofore
approved shall be issued or delivered in this state after January
15, 1974; and
6.  No annual endowment shall be described as being a
guaranteed dividend, nor as earnings on the premium investment.
Nothing in this section shall be construed to prohibit a
representation that a holder of a participating life insurance
policy or annuity contract will participate in the share of the
divisible surplus, if any, apportioned to the policy or contract by
the insurer.

‹ Prev All Oklahoma sections Next ›


Lexace provides legal information, not legal advice, and no attorney–client relationship is created. Statute text is provided for general information and may not reflect the most recent amendments; verify against the official state code.