Administrative Code

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Virginia Administrative Code
Title 14. Insurance
Agency 5. State Corporation Commission, Bureau of Insurance
Chapter 420. Rules Governing Military Sales Practices

14VAC5-420-20. Definitions.

The following words and terms when used in this chapter shall have the following meanings unless the context clearly indicates otherwise:

"Active duty" means full-time duty in the active military service of the United States and includes members of the reserve component (National Guard and Reserve) while serving under published orders for active duty or full-time training . The term does not include members of the reserve component who are performing active duty or active duty for training under military calls or orders specifying periods of less than 31 calendar days.

"Basic illustration" means a presentation or depiction that includes both guaranteed and nonguaranteed elements of a policy of life insurance over a period of years.

"Commission" means the State Corporation Commission.

"Department of Defense (DoD) personnel" means all active duty service members and all civilian employees, including nonappropriated fund employees and special government employees of the Department of Defense.

"DoD" means the Department of Defense.

"Door to door" means a solicitation or sales method whereby an insurance agent proceeds randomly or selectively from household to household without prior specific appointment.

"General advertisement" means an advertisement having as its sole purpose the promotion of the reader's or viewer's interest in the concept of insurance, or the promotion of the insurer or the insurance agent.

"Insurer" means an insurance company required to be licensed in the Commonwealth of Virginia to provide life insurance products, including annuities.

"Insurance agent" means a person required to be licensed in the Commonwealth of Virginia to sell, solicit or negotiate life insurance, including annuities.

"Known" or "knowingly" means, depending on its use herein, the insurance agent or insurer had actual awareness, or in the exercise of ordinary care should have known, at the time of the act or practice complained of, that the person solicited is a service member.

"Life insurance" means insurance coverage on human lives including benefits of endowment and annuities, and may include benefits in the event of death or dismemberment by accident and benefits for disability income, and unless otherwise specifically excluded, includes individually issued annuities.

"Military installation" means any federally owned, leased, or operated base, reservation, post, camp, building, or other facility to which service members are assigned for duty, including barracks, transient housing, and family quarters.

"MyPay" is a Defense Finance and Accounting Service web-based system that enables service members to process certain discretionary pay transactions or provide updates to personal information data elements without using paper forms.

"Service member" means any active duty officer (commissioned and warrant) or enlisted member of the United States Armed Forces.

"SGLI" means Servicemembers Group Life Insurance, as authorized by 38 USC § 1965 et seq.

"Side fund" means a fund or reserve that is part of or otherwise attached to a life insurance policy (excluding individually issued annuities) by rider, endorsement or other mechanism that accumulates premium or deposits with interest or by other means. The term does not include:

1. Accumulated value or cash value or secondary guarantees provided by a universal life policy;

2. Cash values provided by a whole life policy which are subject to standard nonforfeiture law for life insurance; or

3. A premium deposit fund that:

a. Contains only premiums paid in advance that accumulate at interest;

b. Imposes no penalty for withdrawal;

c. Does not permit funding beyond future required premiums;

d. Is not marketed or intended as an investment; and

e. Does not carry a commission, either paid or calculated.

"Specific appointment" means a prearranged appointment agreed upon by both parties and definite as to place and time.

"United States Armed Forces" or "Armed Forces" means all components of the Army, Navy, Air Force, Marine Corps, and Coast Guard.

"VGLI" means Veterans' Group Life Insurance, as authorized by 38 USC § 1965 et seq.

Statutory Authority

§§ 12.1-13 and 38.2-223 of the Code of Virginia; P.L. 109-290 (Military Personnel Financial Services Protection Act).

Historical Notes

Derived from Virginia Register Volume 24, Issue 7, eff. February 15, 2008.

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