|
Insurance Councils>>Circular
|
3rd
February, 2004
LC/SP/SI/VER 1.0
Re
: Sales
Illustrations - Life Insurance Business: Standards of Practices.
[See section 64J of the Insurance Act, 1938 (4 of 1938)]
|
1.
Application and Commencement.
This circular is applicable to all life insurers registered with the IRDA
and shall come into force with effect from 1st April, 2004.
2. Product Design.
Every Insurer carrying on life insurance business shall:-
1) ensure that an extension to a life policy in the form of rider shall
not be made compulsory at any time during the term of the policy;
2) avoid using ambiguous terms, such as, “Vanishing Premiums”, etc. Provided
that where usage of such expressions is considered unavoidable, the same
shall be prominently defined and explained by the insurer, so as to avoid
confusion and ambiguity;
3) where it is proposed to defer the policy holder’s right to participate
in surplus, make a clear statement to the effect in the sales brochure.
3. Brochures.
(1) Every Insurer carrying on life insurance business shall :-
(a) ensure that the brochure shall be written
in simple, unambiguous and easily comprehensible language and that there
is no statement, which may lead to a misunderstanding;
(b) discontinue any brochure which becomes misleading
following any material change of circumstances;
(c) ensure that any reference to past performance
in the sales illustration, if used by it, shall be appropriate to the
product being illustrated and shall include a statement
to the effect that past performance may not be a guide to future performance,
which may be different;
(d) ensure that the sales illustrations clearly
distinguish between guaranteed and non-guaranteed benefits and state that
the quantum of benefits in respect of non-guaranteed
products may vary;
(e) review the assumptions in its sales illustrations
at least once in a year, and where the assumptions are no longer valid,
revise the sales illustration.
(2) No Insurer carrying on life insurance business shall issue or use
a brochure providing information on benefits where such information is
inconsistent with terms and conditions as filed with the Authority.
4. Premium Receipts
(1) Where an insurer carrying on life insurance business does not provide
insurance until the proposal has been examined and accepted by the insurer,
the receipt for a payment towards premium shall specifically state that
insurance protection shall only be provided effective from the date of
acceptance of risk.
(2) Where a proposal is received along with the deposit of an amount from
the proposer, the insurer carrying on life insurance business shall make
it clear that the commencement of risk shall be effective from the date
of acceptance of risk.
5. Illustrations
(1) Every insurer carrying on life insurance business shall provide official
illustrations to customers directly or through their licensed agents and
intermediaries for all products.
(2) All illustrations shall be prepared in consultation with the Appointed
Actuary and be authorized for use by the Board of Directors of the Company
and, that the illustrations shall be clear and fair to enable a customer
to make an informed decision.
(3) There should be 2 views on rate of return on investments of funds
(the rate) that are illustrated – a higher rate and a lower rate. The
rates to be used are as set by the Life Insurance Council from time to
time and all the Life Insurance Companies shall use the same rates. All
charges in respect of fund management and policy charges are to be deducted
from the gross investment return assumption. For the avoidance of doubt
this means that illustrations based on higher and lower rates of return
should show a projected fund value after all charges associated with the
policy and investment of funds have been deducted. No Insurer carrying
life insurance business shall issue illustrations in any other way.
(4) All illustrations shall be reviewed at least once a year in the month
of April. The Life Insurance Council may, if required by the IRDA, set
a higher and lower projection of interest rates more frequently than annually.
The initial rates to be used in projections are 10% p. a. and 6 % p. a.
(5) All the insurers carrying on life insurance business shall be free
to use a lower illustrative rate than that is fixed if it so desires.
However, under no circumstance, higher rates than those set by the Life
Insurance Council shall be used.
(6) Standard common language be employed vis-à-vis statutory warning on
all illustrations. The following phrase must appear on the front page
of illustrations in the same font size as the rest of the text: “Some
benefits are guaranteed and some benefits are variable with returns based
on the future performance of your Insurer carrying on life insurance business.
If your policy offers guaranteed returns then these will be clearly marked
“guaranteed” in the illustration table on this page. If your policy offers
variable returns then the illustrations on this page will show two different
rates of assumed future investment returns. These assumed rates of return
are not guaranteed and they are not the upper or lower limits of what
you might get back, as the value of your policy is dependent on a number
of factors including future investment performance.”
(7) The process of issuing illustrations shall be controlled in such a
manner that customers are provided illustrations that are authorized by
Appointed Actuary and approved by the Board of Directors of the Company.
(8) All policy, fund management and other policy charges payable by customers
shall be included explicitly within the illustration tables.
(9) Indicated within the illustration shall be the Company’s policy on
surrender values. A Company may show illustrative surrender values if
it wishes and should indicate whether or not guaranteed.
6. Policy Information Statement
Every insurer carrying on life insurance business shall issue together
with a life policy, policy information statement containing at least the
following information, if the policy document does not contain the same:
(a) The facility available for mode and periodicity of payment of premium;
(b) The person or office to be contacted for any enquiry or service relating
to the Policy;
(c) The importance of advising the insurer carrying on life insurance
business of any change of address of the policy holder or the nominee;
(d) The availability of the mechanism to address complaints and grievances
of Policyholders as also information in respect of Insurance Ombudsmen
for resolution of any dispute arising from the policy.
7. Periodic Statement
Every Insurer carrying on life insurance business shall inform all policy
holders the status of the policy annually.
(T. K. Banerjee)
Chairman (Life Insurance Council)
|