§ 26.1-33-25 — Nonforfeiture benefits for indeterminate premium plans

In the case of any plan of life insurance which provides for future premium determination,
the amounts of which are to be determined by the insurer based on estimates of future
experience, or in the case of any plan of life insurance which is of such a nature that minimum
values cannot be determined by the methods described in sections 26.1-33-18 through
26.1-33-24, then:
1. The commissioner must be satisfied that the benefits provided under the plan are
substantially as favorable to policyholders and insureds as the minimum benefits
otherwise required by sections 26.1-33-18 through 26.1-33-24;
2. The commissioner must be satisfied that the benefits and the pattern of premiums of
that plan are not such as to mislead prospective policyholders or insureds;
3. The cash surrender values and paid-up nonforfeiture benefits provided by the plan
may not be less than the minimum values and benefits required for the plan computed
by a method consistent with the principles of sections 26.1-33-18 through 26.1-33-28,
as determined by rules adopted by the commissioner; and

4. Notwithstanding any other provision in the laws of this state, any policy, contract, or
certificate providing life insurance under any plan must be affirmatively approved by
the commissioner before it can be marketed, issued, delivered, or used in this state.