By Shields                                            H.B. No. 3136
                                 A BILL TO BE ENTITLED
    1-1                                AN ACT
    1-2  relating to the standard Nonforfeiture benefits for life insurance
    1-3        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
    1-4        SECTION 1.  Article 3.44a, section 2, Insurance Code, is
    1-5  amended to read as follows:
    1-6        Sec. 2.  In the case of policies issued on and after the
    1-7  operative date of this Article (as defined in Section 13), no
    1-8  policy of life insurance, except as stated in Section 12, shall be
    1-9  delivered or issued for delivery in this state unless it shall
   1-10  contain in substance the following provisions, or corresponding
   1-11  provisions which in the opinion of the State Board of Insurance are
   1-12  at least as favorable to the defaulting or surrendering
   1-13  policyholder as are the minimum requirements hereinafter specified,
   1-14  and are essentially in compliance with Section 11 of this law:
   1-15              (1)  That, in the event of default in any premium
   1-16  payment, the company will grant, upon proper request not later than
   1-17  sixty (60) days after the due date of the premium in default, a
   1-18  paid-up nonforfeiture benefit on a plan stipulated in the policy,
   1-19  effective as of such due date, of such amount as may be hereinafter
   1-20  specified.  In lieu of such stipulated paid-up nonforfeiture
   1-21  benefit, the company may substitute, upon proper request not later
   1-22  than 60 days after the due date of the premium in default, an
   1-23  actuarially equivalent alternative paid-up nonforfeiture benefit
    2-1  which provides a greater amount or longer period of death benefits
    2-2  or, if applicable, a greater amount or earlier payment of endowment
    2-3  benefits.
    2-4              (2)  That, upon surrender of the policy within sixty
    2-5  (60) days after the due date of any premium payment in default
    2-6  after premiums have been paid for at least three (3) full years in
    2-7  the case of ordinary insurance or five (5) full years in the case
    2-8  of industrial insurance, the company will pay, in lieu of any
    2-9  paid-up nonforfeiture benefit, a cash surrender value of such
   2-10  amount as may be hereinafter specified.
   2-11              (3)  That a specified paid-up nonforfeiture benefit
   2-12  shall become effective as specified in the policy unless the person
   2-13  entitled to make such election elects another available option not
   2-14  later than sixty (60) days after the due date of the premium in
   2-15  default.
   2-16              (4)  That, if the policy shall have become paid-up by
   2-17  completion of all premium payments or if it is continued under any
   2-18  paid-up nonforfeiture benefit which became effective on or after
   2-19  the third policy anniversary in the case of ordinary insurance or
   2-20  the fifth policy anniversary in the case of industrial insurance,
   2-21  the company will pay, upon surrender of the policy within thirty
   2-22  (30) days after any policy anniversary, a cash surrender value of
   2-23  such amount as may be hereinafter specified.
   2-24              (5)  In the case of policies which cause on a basis
   2-25  guaranteed in the policy unscheduled changes in benefits or
    3-1  premiums, or which provide an option for changes in benefits or
    3-2  premiums other than a change to a new policy, a statement of the
    3-3  mortality table, interest rate, and method used in calculating cash
    3-4  surrender values and the paid-up nonforfeiture benefits available
    3-5  under the policy.  In the case of all other policies, a statement
    3-6  of the mortality table and interest rate used in calculating the
    3-7  cash surrender values and the paid-up nonforfeiture benefits
    3-8  available under the policy, together with a table showing the cash
    3-9  surrender value, if any, and paid-up nonforfeiture benefit, if any,
   3-10  available under the policy on each policy anniversary either during
   3-11  the first twenty (20) policy years or during the term of the
   3-12  policy, whichever is shorter, such values and benefits to be
   3-13  calculated upon the assumption that there are no dividends or
   3-14  paid-up additions credited to the policy and that there is no
   3-15  indebtedness to the company on the policy.
   3-16              (6)  A statement that the cash surrender values and the
   3-17  paid-up nonforfeiture benefits available under the policy are not
   3-18  less than the minimum values and benefits required by or pursuant
   3-19  to the insurance law of the state in which the policy is delivered;
   3-20  an explanation of the manner in which the cash surrender values and
   3-21  the paid-up nonforfeiture benefits are altered by the existence of
   3-22  any paid-up additions credited to the policy or any indebtedness to
   3-23  the company on the policy; if a detailed statement of the method of
   3-24  computation of the values and benefits shown in the policy is not
   3-25  stated therein, a statement that such method of computation has
    4-1  been filed with the insurance supervisory official of the State in
    4-2  which the policy is delivered; and a statement of the method to be
    4-3  used in calculating the cash surrender value and paid-up
    4-4  nonforfeiture benefit available under the policy on any policy
    4-5  anniversary beyond the last anniversary for which such values and
    4-6  benefits are consecutively shown in the policy.
    4-7        Any of the foregoing provisions or portions thereof not
    4-8  applicable by reason of the plan of insurance may, to the extent
    4-9  inapplicable, be omitted from the policy.
   4-10        The company shall reserve the right to defer the payment of
   4-11  any cash surrender value for a period of five (5) <six (6)> months
   4-12  after demand therefor with surrender of the policy.
   4-13        SECTION 3.  The importance of this legislation and the
   4-14  crowded condition of the calendars in both houses create an
   4-15  emergency and an imperative public necessity that the
   4-16  constitutional rule requiring bills to be read on three several
   4-17  days in each house be suspended, and this rule is hereby suspended,
   4-18  and that this Act take effect and be in force from and after its
   4-19  passage, and it is so enacted.