2010 Arkansas Code
Title 23 - Public Utilities and Regulated Industries
Subtitle 3 - Insurance
Chapter 81 - Life Insurance Policies And Annuities
Subchapter 2 - Standard Nonforfeiture Law For Life Insurance
§ 23-81-212 - Calculation of cash surrender value in event of default.

23-81-212. Calculation of cash surrender value in event of default.

(a) In addition to all other applicable sections of this subchapter, this section shall apply to all policies issued on or after January 1, 1985.

(b) Any cash surrender value available under the policy in the event of default in a premium payment due on any policy anniversary shall be in an amount which does not differ by more than two-tenths of one percent (0.2%) of either the amount of insurance, if the insurance is uniform in amount, or the average amount of insurance at the beginning of each of the first ten (10) policy years, from the sum of:

(1) The greater of zero (0) and the basic cash value specified in subsection (c) of this section; and

(2) The present value of any existing paid-up additions, less the amount of any indebtedness to the company under the policy.

(c) (1) The basic cash value shall be equal to the present value, on the anniversary, of the future guaranteed benefits which would have been provided for by the policy, excluding any existing paid-up additions and before deduction of any indebtedness to the insurer, if there had been no default, less the then-present value of the nonforfeiture factors, as defined in subsection (d) of this section, corresponding to premiums which would have fallen due on and after the anniversary.

(2) However, the effects on the basic cash value of supplemental life insurance or annuity benefits or of family coverage, as described in 23-81-204, shall be the same as are the effects specified in that section on the cash surrender values defined therein.

(d) The nonforfeiture factor for each policy year shall be an amount equal to a percentage of the adjusted premium for the policy year, as defined in 23-81-209. Except as is required by subsection (e) of this section, the percentage must be:

(1) The same percentage for each policy year between the second policy anniversary and the later of the fifth policy anniversary and the first policy anniversary at which there is available under the policy a cash surrender value in an amount, before including any paid-up additions and before deducting any indebtedness, of at least two-tenths of one percent (0.2%) of either the amount of insurance, if the insurance is uniform in amount, or the average amount of insurance at the beginning of each of the first ten (10) policy years; and

(2) Such that no percentage after the later of the two (2) policy anniversaries specified in subdivision (d)(1) of this section, and no percentage may apply to fewer than five (5) consecutive policy years.

(e) However, no basic cash value may be less than the value which would be obtained if the adjusted premiums for the policy, as defined in 23-81-209, were substituted for the nonforfeiture factors in the calculation of the basic cash value.

(f) (1) All adjusted premiums and present values referred to in this section for a particular policy shall be calculated on the same mortality and interest bases as are used in demonstrating the policy's compliance with the other sections of this subchapter.

(2) The cash surrender values referred to in this section shall include any endowment benefits provided for by the policy.

(g) (1) Any cash surrender value available other than in the event of default in a premium payment due on a policy anniversary and the amount of any paid-up nonforfeiture benefit available under the policy in the event of default in a premium payment shall be determined in manners consistent with the manners specified for determining the analogous minimum amounts in 23-81-203 -- 23-81-205, 23-81-209, and 23-81-211.

(2) The amounts of any cash surrender values and of any paid-up nonforfeiture benefits granted in connection with additional benefits such as those listed in 23-81-211(d) shall conform with the principles of this section.