§ 10168.4
251 words·~1 min read·
/ca/insurance-code/10168-4A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
Contracts that provide cash surrender benefits shall comply with all of the following:
(a)Cash surrender benefits available prior to maturity shall not be less than the present value as of the date of surrender of that portion of the maturity value of the paid-up annuity benefit which would be provided under the contract at maturity arising from considerations paid prior to the time of cash surrender reduced by the amount appropriate to reflect any prior withdrawals from or partial surrenders of the contract, decreased by the amount of any indebtedness to the company on the contract, including interest due and accrued on the indebtedness, and increased by any existing additional amounts credited by the company to the contract.
(b)For purposes of subdivision (a), the present value shall be calculated on the basis of an interest rate that is not more than 1 percent higher than the interest rate specified in the contract for accumulating the net considerations to determine the maturity value.
(c)The cash surrender benefit shall not be less than the minimum nonforfeiture amount at the time of the surrender.
(1)Except as otherwise provided in paragraph (2), the death benefit shall be at least equal to the cash surrender benefit.
(2)For contracts issued or delivered on or after January 1, 2016, to persons who are 65 years of age or older, the death benefit shall be at least equal to the annuity value or accumulation value, excluding any surrender charges or penalties upon death.