Individual Flexible Premium Deferred Variable Annuity Contract ...

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Date: 9/28/07As adopted by the IIPRC(6) If the contract does not provide any cash surrender benefits or death benefits prior toannuitization, a statement shall be included in prominent print on the cover page or the firstspecification page.(7) If in any year the death benefit is less than the account value, a statement to that effect shall beincluded in prominent print on the cover page or the first specifications page.C. FAIRNESS(1) The contract shall not contain inconsistent, ambiguous, unfair, inequitable or misleading clauses,provisions that are against public policy as determined by the Interstate Insurance ProductRegulation Commission, or contain exceptions and conditions that unreasonably affect the riskpurported to be assumed in the general coverage of the contract.§3. CONTRACT PROVISIONSA. AMENDMENTS(1) The contract shall not provide for unilateral amendments that reduce or eliminate benefits orcoverage, or impair or invalidate any right granted to the owner under the contract, except asstated in Paragraph (2) below and for amendments to conform to changes in any applicableprovisions or requirements of the Internal Revenue Code.(2) The contract may permit the company to make unilateral changes in the contract for guaranteedannuity purchase rates for new premiums received and account transfers made after issue andinterest credited to and investment earnings on those amounts. For contracts that reserve the rightto make such unilateral changes, the contract and any tables of guaranteed annuity purchase ratesshall clearly indicate that new premiums received and account transfers made may be subject todifferent guarantees and shall provide for advance notification of the change. The contract alsoshall provide that the change shall apply only to new premiums received and account transfersmade, and interest credited to and investment earnings on those amounts, and that any morefavorable prior guarantees then applicable associated with amounts transferred to a generalaccount for the purpose of immediate annuitization will not be affected by the change. Thechange shall be made by the use of an endorsement subject to the applicable prior approvalrequirement.Drafting Note: These standards are modified, as required or permitted by law, to enable fraternals toimplement their respective articles and bylaws. See Appendix B.B. ARBITRATION(1) Only arbitration provisions that permit voluntary post-dispute binding arbitration shall beallowed in contract forms. With respect to such a provision, the following guidelines apply:(a)Arbitration shall be conducted in accordance with the rules of the American ArbitrationAssociation ("AAA"), before a panel of 3 neutral arbitrators who are knowledgeable inthe field of life insurance and appointed from a panel list provided by the AAA.© IIPRC 8
Date: 9/28/07As adopted by the IIPRC(b)(c)(d)Arbitration shall be held in the city or county where the contract owner lives.The cost of arbitration shall be paid by the company, to include any deposits oradministrative fee required to commence a dispute in arbitration, as well as any other feeincluding the arbitrator’s fee.Where there is any inconsistency between these guidelines and AAA rules, theseguidelines control.Drafting Note: These standards are modified, as required or permitted by law, to enable fraternals toimplement their respective articles and bylaws. See Appendix B.C. ASSIGNMENT(1) The contract shall contain an assignment provision. The contract shall not include anyrestrictions on the availability of contract assignments, except in situations where restrictions arerequired for purposes of satisfying applicable laws or regulations.(2) The contract shall describe procedures for assignments and shall state that assignments, unlessotherwise specified by the owner, shall take effect on the date the notice of assignment is signed,subject to any payments made or actions taken by the company prior to receipt of this notice.(3) The contract may state that the company shall not be liable for the validity of the assignment.Drafting Note: Restrictions on assignment in contracts such as right of first refusal or first offerprovisions are prohibited by Item (1).D. BENEFICIARY(1) The contract shall contain a beneficiary provision. The provision shall describe the proceduresfor designating or changing the beneficiaries, or for selecting default beneficiaries as may benecessary, and indicating when such designation is effective. The contract shall not include anyrestriction on change of beneficiary other than for purposes of satisfying applicable laws orregulations.(2) The contract shall state that changes in beneficiary, unless otherwise specified by the owner,shall take effect on the date the notice of change is signed by the owner, subject to any paymentsmade or actions taken by the company prior to receipt of this notice.(3) If irrevocable beneficiaries are referenced in the contract, the contract shall explain that such abeneficiary cannot be changed without the consent of the irrevocable beneficiary.E. CASH VALUE TABLE(1) If the contract contains a general account cash value table based on the net premiums (grosspremiums minus a contract expense charge), both the gross and the net premiums shall be© IIPRC 9
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Individual Flexible Premium Deferred Variable Annuity Contract ...

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