§431:10D-601 Definitions. Whenever used in this part, unless a different meaning clearly appears from the context:

"Buyer's guide" means:

(1) A buyer's guide to fixed deferred annuities approved by the commissioner; or

(2) The National Association of Insurance Commissioners Buyer's Guide to Fixed Deferred Annuities.

"Contract owner" means the owner named in the annuity contract or certificate holder in the case of a group annuity contract.

"Determinable elements" means elements that are derived from processes or methods that are guaranteed at issue and not subject to company discretion but where the values or amounts cannot be determined until some point after issue. These elements include:

(1) Premiums;

(2) Credited interest rates, including any bonus;

(3) Benefits;

(4) Values;

(5) Non-interest-based credits;

(6) Charges; or

(7) Elements of formulas used to determine any of the above.

These elements may be described as guaranteed but not determined at issue. An element is considered determinable if it was calculated from underlying determinable elements only, or from both determinable and guaranteed elements.

"Disclosure document" means a document provided by an insurer to applicants or prospective applicants for an annuity contract that explains the terms of the contract and contains the information required in section 431:10D-603(d).

"Funding agreement" means an agreement for an insurer to:

(1) Accept and accumulate funds; and

(2) Make one or more payments at future dates in amounts that are not based on mortality or morbidity contingencies.

"Generic name" means a short title descriptive of the annuity contract being applied for or illustrated, such as "single premium deferred annuity".

"Guaranteed elements" means:

(1) Premiums;

(2) Credited interest rates, including any bonus;

(3) Benefits;

(4) Values;

(5) Non-interest-based credits;

(6) Charges; or

(7) Elements of formulas used to determine any of the above,

which are guaranteed and determined at issue. An element is considered guaranteed if all of the underlying elements used in its calculation are guaranteed.

"Non-guaranteed elements" means:

(1) Premiums;

(2) Credited interest rates, including any bonus;

(3) Benefits;

(4) Values;

(5) Non-interest-based credits;

(6) Charges; or

(7) Elements of formulas used to determine any of the above,

which are subject to company discretion and are not guaranteed at issue. An element is considered non-guaranteed if any of the underlying non-guaranteed elements are used in its calculation.

"Structured settlement annuity" means:

(1) A "qualified funding asset" as defined in section 130(d) of the Internal Revenue Code; or

(2) An annuity that would be a "qualified funding asset" but for the fact that it is not owned by an assignee under a qualified assignment. [L 2006, c 71, pt of §1]