§ 508.38

508.38 Standard nonforfeitures — deferred annuities. This section shall be known as the 'Standard Nonforfeiture Law for Individual Deferred Annuities'. 1. This section does not apply to any reinsurance, group annuity purchased under a retirement plan or plan of deferred compensation established or maintained by an employer,including a partnership or sole proprietorship, or by an employee organization, or byboth, other than a plan providing individual retirement accounts or individual retirementannuities under section 408 of the United States Internal Revenue Code, as now or hereafteramended, premium deposit fund, variable annuity, investment annuity, immediate annuity,any deferred annuity contract after annuity payments have commenced, or reversionaryannuity, nor to any contract which is delivered outside this state through an agent or otherrepresentative of the company issuing the contract. 2. a. In the case of contracts issued on or after the operative date of this section as defined in subsection 11, no contract of annuity, except as stated in subsection 1, shall be deliveredor issued for delivery in this state unless it contains in substance the following provisions,

as defined in subsection 11, no contract of annuity, except as stated in subsection 1, shall be deliveredor issued for delivery in this state unless it contains in substance the following provisions, orcorresponding provisions that in the opinion of the commissioner are at least as favorable tothe contract holder, upon cessation of payment of considerations under the contract: (1) That upon cessation of payment of considerations under a contract or upon the written request of the contract owner, the company shall grant a paid-up annuity benefit on a planstipulated in the contract of such value as is specified in subsections 4, 5, 6, 7, and 9. (2) If a contract provides for a lump sum settlement at maturity, or at any other time, that upon surrender of the contract at or prior to the commencement of any annuity payments, thecompany shall pay in lieu of a paid-up annuity benefit a cash surrender benefit of such amountas is specified in subsections 4, 5, 7, and 9. The company may reserve the right to defer thepayment of such cash surrender benefit for a period not to exceed six months after demandtherefore with surrender of the contract after making written request and receiving

erve the right to defer thepayment of such cash surrender benefit for a period not to exceed six months after demandtherefore with surrender of the contract after making written request and receiving writtenapproval of the commissioner. The request shall address the necessity and equitability to allpolicyholders of the deferral. (3) A statement of the mortality table, if any, and interest rates used in calculating any minimum paid-up annuity, cash surrender or death benefits that are guaranteed under thecontract, together with sufficient information to determine the amounts of such benefits. (4) A statement that any paid-up annuity, cash surrender or death benefits that may be available under the contract are not less than the minimum benefits required by any statuteof the state in which the contract is delivered and an explanation of the manner in which suchbenefits are altered by the existence of any additional amounts credited by the company tothe contract, any indebtedness to the company on the contract or any prior withdrawals fromor partial surrenders of the contract. b. Notwithstanding the requirements of this subsection 2, any deferred annuity contract may provide that if

company on the contract or any prior withdrawals fromor partial surrenders of the contract. b. Notwithstanding the requirements of this subsection 2, any deferred annuity contract may provide that if no considerations have been received under a contract for a period of twofull years and the portion of the paid-up annuity benefit at maturity on the plan stipulated inthe contract arising from considerations paid prior to such period would be less than twentydollars monthly, the company may at its option terminate such contract by payment in cashof the then present value of such portion of the paid-up annuity benefit, calculated on thebasis of the mortality table, if any, and interest rate specified in the contract for determiningthe paid-up annuity benefit, and by such payment shall be relieved of any further obligationunder such contract. 3. The minimum values as specified in subsections 4, 5, 6, 7, and 9 of any paid-up annuity, cash surrender, or death benefits available under an annuity contract shall be based uponminimum nonforfeiture amounts as defined in this section. a. (1) The minimum nonforfeiture amount at any time at or prior to the commencement of any annuity payments

nuity contract shall be based uponminimum nonforfeiture amounts as defined in this section. a. (1) The minimum nonforfeiture amount at any time at or prior to the commencement of any annuity payments shall be equal to an accumulation up to such time at rates of interestas indicated in paragraph 'b' of the net considerations, as hereinafter defined, paid prior tosuch time, decreased by the sum of all of the following: (a) Any prior withdrawals from or partial surrenders of the contract accumulated at rates of interest as indicated in paragraph 'b'. Sat Dec 23 00:40:47 2023 Iowa Code 2024, Section 508.38 (30, 0) §508.38, LIFE INSURANCE COMPANIES 2 (b) An annual contract charge of fifty dollars, accumulated at rates of interest as indicated in paragraph 'b'. (c) The amount of any indebtedness to the company on the contract, including interest due and accrued. (2) The net considerations for a given contract year used to define the minimum nonforfeiture amount shall be an amount equal to eighty-seven and one-half percent of thegross considerations credited to the contract during the contract year. b.

act year used to define the minimum nonforfeiture amount shall be an amount equal to eighty-seven and one-half percent of thegross considerations credited to the contract during the contract year. b. (1) The interest rate used in determining minimum nonforfeiture amounts shall be an annual rate of interest determined as the lesser of three percent per annum and all of thefollowing, which shall be specified in the contract if the interest rate will be reset: (a) The five-year constant maturity treasury rate reported by the federal reserve as of a date, or average over a period, rounded to the nearest one-twentieth of one percent,specified in the contract no longer than fifteen months prior to the contract issue date orredetermination date under subparagraph division (d). (b) The result of subparagraph division (a) shall be reduced by one hundred twenty-five basis points. (c) The resulting interest guarantee shall not be less than fifteen hundredths percent.(d) The interest rate shall apply for an initial period and may be redetermined for additional periods. The redetermination date, basis, and period, if any, shall be stated in thecontract.

hs percent.(d) The interest rate shall apply for an initial period and may be redetermined for additional periods. The redetermination date, basis, and period, if any, shall be stated in thecontract. The basis is the date or average over a specified period that produces the value ofthe five-year constant maturity treasury rate to be used at each redetermination date. (2) During the period or term that a contract provides substantive participation in an equity indexed benefit, it may increase the reduction described in subparagraph (1),subparagraph division (b), by up to an additional one hundred basis points to reflect thevalue of the equity index benefit. The present value at the contract issue date and at eachredetermination date thereafter of the additional reduction shall not exceed the market valueof the benefit. The commissioner may require a demonstration that the present value of thereduction does not exceed the market value of the benefit. Lacking such a demonstrationthat is acceptable to the commissioner, the commissioner may disallow or limit the additionalreduction. (3) The commissioner may adopt rules to implement the provisions of subparagraph (1), subparagraph

t is acceptable to the commissioner, the commissioner may disallow or limit the additionalreduction. (3) The commissioner may adopt rules to implement the provisions of subparagraph (1), subparagraph division (d), and to provide for further adjustments to the calculation ofminimum nonforfeiture amounts for contracts that provide substantive participation in anequity index benefit and for other contracts that the commissioner determines adjustmentsare justified. 4. Any paid-up annuity benefit available under a contract shall be such that its present value on the date annuity payments are to commence is at least equal to the minimumnonforfeiture amount on that date. Such present value shall be computed using the mortalitytable, if any, and the interest rate specified in the contract for determining the minimumpaid-up annuity benefits guaranteed in the contract. 5. For contracts which provide cash surrender benefits, such cash surrender benefits available prior to maturity shall not be less than the present value as of the date of surrenderof that portion of the maturity value of the paid-up annuity benefit which would be providedunder the contract at maturity arising from

l not be less than the present value as of the date of surrenderof that portion of the maturity value of the paid-up annuity benefit which would be providedunder the contract at maturity arising from considerations paid prior to the time of cashsurrender reduced by the amount appropriate to reflect any prior withdrawals from orpartial surrenders of the contract, such present value being calculated on the basis of aninterest rate not more than one percent higher than the interest rate specified in the contractfor accumulating the net considerations to determine such maturity value, decreased bythe amount of any indebtedness to the company on the contract, including interest dueand accrued, and increased by any existing additional amounts credited by the companyto the contract. In no event shall any cash surrender benefit be less than the minimumnonforfeiture amount at that time. The death benefit under such contracts shall be at leastequal to the cash surrender benefit. 6. For contracts which do not provide cash surrender benefits, the present value of any paid-up annuity benefit available as a nonforfeiture option at any time prior to maturity shallnot be less than the present

acts which do not provide cash surrender benefits, the present value of any paid-up annuity benefit available as a nonforfeiture option at any time prior to maturity shallnot be less than the present value of that portion of the maturity value of the paid-up annuity Sat Dec 23 00:40:47 2023 Iowa Code 2024, Section 508.38 (30, 0) benefit provided under the contract arising from considerations paid prior to the time thecontract is surrendered in exchange for or changed to, a deferred paid-up annuity, suchpresent value being calculated for the period prior to the maturity date on the basis of theinterest rate specified in the contract for accumulating the net considerations to determinesuch maturity value, and increased by any existing additional amounts credited by thecompany to the contract. For contracts which do not provide any death benefits prior to thecommencement of any annuity payments, such present values shall be calculated on thebasis of such interest rate and the mortality table specified in the contract for determining thematurity value of the paid-up annuity benefit. However, in no event shall the present valueof a paid-up annuity benefit be less than the minimum

ity table specified in the contract for determining thematurity value of the paid-up annuity benefit. However, in no event shall the present valueof a paid-up annuity benefit be less than the minimum nonforfeiture amount at that time. 7. For the purpose of determining the benefits calculated under subsections 5 and 6, in the case of annuity contracts under which an election may be made to have annuity paymentscommence at optional maturity dates, the maturity date shall be deemed to be the latest datefor which election shall be permitted by the contract, but shall not be deemed to be later thanthe anniversary of the contract next following the annuitant’s seventieth birthday or the tenthanniversary of the contract, whichever is later. 8. Any contract which does not provide cash surrender benefits or does not provide death benefits at least equal to the minimum nonforfeiture amount prior to the commencement ofany annuity payments shall include a statement in a prominent place in the contract that suchbenefits are not provided. 9. Any paid-up annuity, cash surrender or death benefits available at any time, other than on the contract anniversary under any contract with fixed scheduled

ract that suchbenefits are not provided. 9. Any paid-up annuity, cash surrender or death benefits available at any time, other than on the contract anniversary under any contract with fixed scheduled considerations,shall be calculated with allowance for the lapse of time and the payment of any scheduledconsiderations beyond the beginning of the contract year in which cessation of payment ofconsiderations under the contract occurs. 10. a. For any contract which provides, within the same contract by rider or supplemental contract provision, both annuity benefits and life insurance benefits that are in excess ofthe greater of cash surrender benefits or a return of the gross considerations with interest,the minimum nonforfeiture benefits shall be equal to the sum of the minimum nonforfeiturebenefits for the annuity portion and the minimum nonforfeiture benefits, if any, for the lifeinsurance portion computed as if each portion were a separate contract. Notwithstandingthe provisions of subsections 4, 5, 6, 7, and 9, additional benefits shall be disregarded inascertaining the minimum nonforfeiture amounts, paid-up annuity, cash surrender and deathbenefits that may be required by this

ubsections 4, 5, 6, 7, and 9, additional benefits shall be disregarded inascertaining the minimum nonforfeiture amounts, paid-up annuity, cash surrender and deathbenefits that may be required by this section, if the additional benefits are payable: (1) In the event of total and permanent disability.(2) As reversionary annuity or deferred reversionary annuity benefits.(3) As other policy benefits additional to life insurance, endowment, and annuity benefits, and considerations for all such additional benefits. b. The inclusion of such additional benefits shall not be required in any paid-up benefits, unless such additional benefits separately would require minimum nonforfeiture amounts,paid-up annuity, cash surrender and death benefits. 11. After July 1, 2003, a company may elect either to apply the provisions of this section as it existed prior to July 1, 2003, or to apply the provisions of this section as amended by 2003Iowa Acts, ch. 91, §8 – 10, to annuity contracts on a contract form-by-form basis before July1, 2005. In all other instances, this section shall become operative with respect to annuitycontracts issued by the company two years after July 1, 2003.

s on a contract form-by-form basis before July1, 2005. In all other instances, this section shall become operative with respect to annuitycontracts issued by the company two years after July 1, 2003. [C81, §508.38]2002 Acts, ch 1111, §10; 2003 Acts, ch 91, §8 – 10; 2004 Acts, ch 1086, §103, 107; 2004 Acts, ch 1101, §70; 2012 Acts, ch 1023, §106, 157; 2013 Acts, ch 90, §151; 2014 Acts, ch 1026, §143;2015 Acts, ch 29, §71; 2016 Acts, ch 1011, §92; 2021 Acts, ch 181, §5 Sat Dec 23 00:40:47 2023 Iowa Code 2024, Section 508.38 (30, 0)