Insurance Code § 1105.052

Sec. 1105.052. COMPUTATION OF ADJUSTED PREMIUMS USING NONFORFEITURE NET LEVEL PREMIUM METHOD. (a) Except as provided by Section 1105.054 and subject to Subsection (b), the adjusted premiums for a policy to which this section applies must be computed on an annual basis and must be a uniform percentage of the respective premiums specified by the policy for each policy year so that the present value, at the date of issue of the policy, of all adjusted premiums is equal to the sum of: (1) the then present value of the future guaranteed benefits available under the policy; (2) one percent of: (A) the amount of insurance, if the insurance is uniform in amount; or (B) the average amount of insurance at the beginning of each of the first 10 policy years; and (3) 125 percent of the nonforfeiture net level premium as determined under Subsection (d). (b) The amount of premiums specified by the policy and used in computing adjusted premiums under Subsection (a) does not include: (1) an amount payable as an extra premium to cover an impairment or special hazard; or (2) any uniform annual contract charge or policy fee specified by the policy in a statement of the method to be used to compute the cash surrender values and paid-up nonforfeiture benefits. (c) In applying the percentage specified by Subsection (a)(3), a nonforfeiture net level premium may not be considered to exceed four percent of: (1) the amount of insurance, if the insurance is uniform in amount; or (2) the average amount of insurance at the beginning of each of the first 10 policy years. (d) The nonforfeiture net level premium must be equal to the present value, at the date of issue of the policy, of the guaranteed benefits available under the policy divided by the present value, on the date of issue of the policy, of an annuity of one per year payable on the date of issue of the policy and on each anniversary of the policy on which a premium becomes due. Added by Acts 2001, 77th Leg., ch. 1419, Sec. 2, eff. June 1, 2003.