⚠️ UNIVERSAL LIFE (FREQUENTLY MISSED)
Rule
The MOST FLEXIBLE life insurance policy:
• FLEXIBLE premiums (pay more or less)
• ADJUSTABLE death benefits
• Accumulation account grows at guaranteed rate (often higher credited rate)
EXAM ANSWER: "Flexible premium fund + monthly renewable term"
NOT "Term + whole life" — that's NOT the correct description.
TERM LIFE INSURANCE
Rule
Temporary protection for specified period — NO cash value.
Decreasing Term: Face amount REDUCES each year (used for mortgages/loans)
Convertible Term: Can convert to PERMANENT whole life WITHOUT evidence of insurability
WHOLE LIFE INSURANCE
Rule
Permanent protection with CASH VALUE that grows.
Single Premium: Paid-up policy with LIFETIME protection from one payment
Cash Surrender Value: Amount available if policy is surrendered
Early years: Cash value is LESS than total premiums paid.
ADJUSTABLE LIFE vs UNIVERSAL LIFE
Rule
Adjustable Life: Flexible premiums, adjustable death benefit, cash value grows at GUARANTEED FIXED rate
Universal Life: Same flexibility, but accumulation account may credit HIGHER rate
⚠️ JOINT LIFE vs SURVIVORSHIP LIFE
Rule
JOINT LIFE: Pays at FIRST death — then policy ENDS
SURVIVORSHIP (Second-to-Die): Pays at LAST death — continues until both die
EXAM TRAP — LIFE INSURANCE:
• "Two persons, pays when FIRST dies" = JOINT LIFE
• "Two persons, pays when LAST dies" = SURVIVORSHIP
Don't confuse with "Joint and Survivorship" — that sounds like it combines both but it's just another name for survivorship.
SURVIVORSHIP LIFE (SECOND-TO-DIE)
Triggers
"Two lives"
"Second-to-die"
"Survivorship"
"Estate planning"
Rule
Life insurance covering TWO people — pays death benefit when the LAST one dies. Premium is LOWER than two separate policies.
Plain English
Insurer doesn't pay until both are gone, so they hold your money longer = cheaper for you.
Survivorship = LOWER cost (not higher). Don't confuse with Joint & Survivor annuity — that's income payments OUT, this is premium cost IN.
GROUP LIFE INSURANCE
Rule
Type: Typically LEVEL TERM insurance
Master policy: Held by EMPLOYER
Certificate of Insurance: Given to EMPLOYEE — evidence of coverage (NOT the contract)
Conversion: Employee can convert to INDIVIDUAL PERMANENT policy within 31 DAYS of termination
Plain English
Employer buys one big policy, employees get certificates proving they're covered.
Certificate = EVIDENCE of coverage, NOT the contract itself. Group life = TERM (not whole life). 100% participation required if employer pays all premiums.
EVIDENCE OF INSURABILITY
Triggers
"Proof of insurability"
"Medical exam"
"Health questions"
Rule
Group life: Generally NOT required for basic coverage
Required when: Death benefit is INCREASED, late enrollment, amounts above guaranteed issue
Employee in poor health = ELIGIBLE for same group coverage (no individual underwriting). Evidence required when INCREASING death benefit in VUL or universal life.
VARIABLE LIFE — SEPARATE ACCOUNT
Triggers
"Non-guaranteed values"
"Variable products"
"Investment risk to owner"
Rule
Assets backing NON-GUARANTEED values of variable life insurance are held in a SEPARATE ACCOUNT set up by the INSURER.
General Account: Backs GUARANTEED values (whole life, fixed annuities)
Separate Account: Backs NON-GUARANTEED values (variable life, variable annuities)
Separate account = set up by INSURER (not the insured). Variable products = separate account. Fixed products = general account.
ENDOWMENT CONTRACT
Rule
Pays face amount after fixed period (10, 20 years, or at age 65) OR upon death if earlier.
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⚠️ MARKET VALUE ADJUSTMENT (MVA) (FREQUENTLY MISSED)
Rule
An adjustment in DEFERRED ANNUITIES affecting crediting rates based on market conditions.
Interest rate is guaranteed ONLY IF held for SPECIFIED PERIOD.
EXAM TRAP: "Guaranteed for ENTIRE contract" is WRONG.
Correct: Guaranteed only when "HELD FOR SPECIFIED PERIOD."
MVA = "Must Verify Adherence" to holding period. Bail early = market adjustment hits you.
⚠️ GROUP DEFERRED ANNUITY (FREQUENTLY MISSED)
Triggers
"Certificates of participation"
"Group pension"
Rule
Employer holds MASTER contract — employees receive CERTIFICATES of participation.
Used for group pension plans.
EXAM TRAP: "Certificates of participation" = GROUP DEFERRED ANNUITY, NOT 403(b).
403(b) = individual accounts for school/nonprofit employees.
IMMEDIATE vs DEFERRED ANNUITY
Triggers
"Payments begin at retirement"
"Accumulation period"
"Future income"
Rule
Immediate: Single payment — income begins within 12 MONTHS
Deferred: Income payments are DEFERRED (delayed) to a future date — typically retirement
Plain English
Accumulation phase: Money goes in, grows
Annuitization: Payouts begin later
"Deferred" = deferred INCOME (when payments start), NOT referring to tax-deferred growth. Immediate = payments within 12 months.
FIXED vs VARIABLE ANNUITY
Rule
Fixed: GUARANTEED rate of return — INSURER bears investment risk
Variable: Investment risk shifted to CONTRACT OWNER — payments fluctuate based on securities value — requires FINRA + state license
Fixed annuity purchasing power DECREASES with inflation (payments stay same, prices rise).
EQUITY-INDEXED ANNUITY (EIA)
Rule
A FIXED deferred annuity with interest LINKED to an equity market index.
ANNUITY PHASES
Rule
Accumulation Period: Premiums credited as ACCUMULATION UNITS before payout
Annuitization: Accumulation units converted to ANNUITY UNITS for payments
ANNUITY PAYOUT OPTIONS
Rule
Life Only (Straight Life): Payments for annuitant's lifetime — nothing to beneficiary at death — LARGEST payments
Life with Period Certain: Lifetime income with guaranteed MINIMUM period
Joint and Survivor: Income payments to TWO+ people — continues until LAST one dies — SMALLER payments
Plain English
Joint & Survivor pays SMALLER checks because insurer expects to pay LONGER (two lives = longer payout period).
"Payments" = income OUT to annuitants, not premiums in. Longer expected payout = smaller checks. Life Only = largest payments.
1035 EXCHANGE
Rule
TAX-FREE exchange of insurance/annuity contracts.
Allowed: Life → Life, Life → Annuity, Annuity → Annuity
NOT allowed: Annuity → Life insurance
Annuity to Life = NOT allowed = TAXED.
MODIFIED ENDOWMENT CONTRACT (MEC)
Triggers
"7-pay test"
"Overfunded"
"LIFO"
"Premature distribution"
Rule
Life policy that FAILS the 7-pay test (overfunded in first 7 years).
Penalty: 10% on premature distributions before age 59½
Tax treatment: LIFO (Last In, First Out) — GAINS taxed FIRST
Triggers penalty: Policy loans, withdrawals, dividends
Material change: 7-pay test reapplies (adjusted for cash value)
Plain English
If you stuff too much money into a life policy too fast, it becomes an MEC. Then loans and withdrawals get hit with taxes + 10% penalty.
MEC penalty = 10% (not 20%). POLICY LOANS trigger penalty. Surrendered for LESS than paid = NOT taxable (no gain). Death benefit still income tax-free.
QUALIFIED vs NON-QUALIFIED ANNUITY
Triggers
"IRA"
"401(k)"
"403(b)"
"Pre-tax"
"After-tax dollars"
Rule
Qualified Annuity: Purchased with PRE-TAX dollars inside a qualified plan (IRA, 401(k), 403(b))
• Contributions may be TAX-DEDUCTIBLE
• ENTIRE distribution is taxable as ordinary income
• Subject to Required Minimum Distributions (RMDs) at age 73
Non-Qualified Annuity: Purchased with AFTER-TAX dollars (outside qualified plans)
• Contributions are NOT tax-deductible
• Only the EARNINGS are taxable at distribution
• NO RMD requirements during owner's lifetime
Plain English
Qualified = taxed LATER (pre-tax money going in, fully taxed coming out).
Non-qualified = taxed ALREADY on principal (after-tax money in, only earnings taxed out).
Qualified annuities have RMDs. Non-qualified do NOT. Both have 10% penalty before 59½ on taxable portion.
LIFE INSURANCE vs ANNUITY TAX TREATMENT
Triggers
"FIFO"
"LIFO"
"Tax-free death benefit"
"Exclusion ratio"
Rule
Life Insurance (regular, NOT MEC):
• Death benefit: INCOME TAX-FREE to beneficiary
• Withdrawals: FIFO — basis (premiums) comes out FIRST = tax-free until you exceed basis
• Policy loans: NOT taxable (unless policy lapses with loan outstanding)
Annuities:
• Death benefit: TAXABLE to beneficiary (earnings portion)
• Withdrawals: LIFO — EARNINGS come out FIRST = taxable immediately
• 10% penalty before age 59½
• Exclusion Ratio: Formula to determine tax-free portion of annuitized payments
Plain English
Life insurance is tax-FRIENDLY (get your money back first).
Annuities are tax-FIRST (IRS gets their share before you get your principal back).
FIFO = life insurance (First In, First Out = basis first). LIFO = annuities and MECs (Last In, First Out = earnings first). MEC treated like ANNUITY for tax purposes.
ANNUITY ≠ LIFE INSURANCE
Rule
Life Insurance: Protects against dying TOO SOON — creates estate/funds at death
Annuity: Protects against living TOO LONG — liquidates funds during lifetime
They are OPPOSITE products solving opposite problems.
"Create new funds upon death of wage-earner" = LIFE INSURANCE, NOT annuity. Annuity = capital LIQUIDATION (decreasing a sum).
OWNER vs ANNUITANT vs BENEFICIARY
Rule
Owner: Has ALL the power — can surrender, withdraw, name/change beneficiary, choose payout options
Annuitant: Person whose LIFE determines the payout — NOT necessarily the owner
Beneficiary: Receives proceeds if annuitant dies — has NO control over contract
Owner can be the annuitant, beneficiary, or NEITHER.
OWNER signs authorization to surrender. OWNER changes beneficiary. Annuitant is just the measuring life.
CAPITAL LIQUIDATION
Triggers
"Decreasing a sum"
"Liquidating"
"Primary purpose of annuity"
Rule
Taking a sum of money and DECREASING it in size over time. This is the PRIMARY PURPOSE of an annuity — to create a stream of income by liquidating accumulated funds.
BAILOUT PROVISION
Triggers
"Interest rate falls"
"Surrender charge waived"
"Bailout"
Rule
If the credited interest rate FALLS BELOW a specified level, the surrender charge is WAIVED. Protects owner from being locked into a low-rate annuity.
Bailout = interest falls BELOW threshold. NOT when interest rises. Amount withdrawn may still be subject to income tax and 10% IRS penalty.
BUSINESS-OWNED ANNUITIES — NO TAX DEFERRAL
Triggers
"Corporation owns annuity"
"Business accumulating assets"
Rule
Interest earned by annuities owned by BUSINESSES is NOT tax-deferred — it is taxed in the year it is earned. Exception: if entity is acting as agent for an individual who will be the annuitant.
Business may use annuities for pensions, settlements, deferred comp — but NOT for "accumulating assets on a tax-deferred basis."
MORTALITY POOLING — WHO FUNDS LONG-LIVED ANNUITANTS
Rule
When a life annuitant OUTLIVES their life expectancy, additional payments are funded by money NOT distributed to annuitants who DIED BEFORE their life expectancy. This is the "mortality credit" — the pooling of longevity risk.
Plain English
Annuitants who die early subsidize those who live long. That's the whole point of the pool.
OLDER ANNUITANTS = LARGER PAYMENTS
Rule
In a joint and survivor annuity, OLDER co-annuitants receive LARGER monthly payments because their expected payout period is SHORTER. Ages 71 & 73 get more than ages 60 & 80.
Blended age matters. Two people in their 70s = shorter expected payout = larger checks than one young person and one old person.
JOINT SURVIVOR VARIATIONS
Rule
Joint & 100% Survivor: Survivor continues receiving FULL original amount
Joint & 2/3 Survivor: Survivor receives TWO-THIRDS of original joint income
Joint & 1/2 Survivor: Survivor receives ONE-HALF of original joint income
Lower survivor percentage = HIGHER initial payments (less insurer risk).
CASH REFUND vs INSTALLMENT REFUND
Rule
Both guarantee that the TOTAL annuity fund will be paid out (no forfeiture to insurer).
Cash Refund: If annuitant dies early, beneficiary receives LUMP SUM of remaining balance
Installment Refund: If annuitant dies early, beneficiary receives CONTINUED PAYMENTS until fund exhausted
Both refund options guarantee full fund paid. Difference is HOW beneficiary receives it (lump sum vs installments).
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BENEFICIARY TYPES
Rule
Revocable: Policyowner CAN change without consent
Irrevocable: CANNOT change without beneficiary's WRITTEN consent
Contingent: Receives benefits if PRIMARY dies before insured
Class Designation: Names a GROUP (e.g., "children") not specific individuals
Irrevocable beneficiary must consent to policy loans AND beneficiary changes.
IF ALL BENEFICIARIES DIE BEFORE INSURED
Rule
Proceeds go to the INSURED'S ESTATE — NOT beneficiary's estate.
SETTLEMENT OPTIONS
Rule
Lump Sum: Full amount at once
Interest Only: Insurer holds proceeds, pays interest — principal intact
Fixed Period: Payments over set NUMBER OF YEARS — amount determined by years chosen
Fixed Amount: Set DOLLAR AMOUNT until proceeds exhausted
Life Income: Payments for beneficiary's LIFETIME — if dies early, INSURER KEEPS balance
Joint & Survivor: Pays TWO+ people until LAST dies — SMALLER payments than single life
Fixed PERIOD = determined by YEARS. Fixed AMOUNT = determined by DOLLARS. Life income — beneficiary dies early = insurer keeps remainder.
SPENDTHRIFT CLAUSE
Rule
Prevents beneficiary from "commuting, encumbering, withdrawing, or assigning" proceeds BEFORE receipt. Protects from CREDITORS.
Spendthrift has NO EFFECT on LUMP SUM payments — only installments.
NONFORFEITURE OPTIONS
Rule
Cash Surrender: Receive policy's cash value — coverage ENDS
Extended Term: Same face amount continues for specified PERIOD
Reduced Paid-Up: Lower face amount, coverage continues for LIFE
Cash surrender can be delayed up to 6 MONTHS by insurer.
⚠️ EXTENDED TERM — COMPLETE PICTURE
Triggers
"Coverage equal to net death benefit"
"Same face amount"
"Cash value buys term"
Rule
Face Amount: SAME as original policy (equals NET death benefit = face minus loans)
Cash Value: Used as ONE-TIME PREMIUM to purchase term coverage
Duration: Determined by how much term the cash value can buy
Cash Value Growth: STOPS — it's been spent to buy the term coverage
$25,000 policy with $6,000 cash value → Extended term = $25,000 coverage (NOT $6,000, NOT $19,000, NOT $31,000)
EXAM TRAP: Extended term = SAME face amount. Cash value determines LENGTH, not amount.
Contrast with Reduced Paid-Up = LOWER face amount but LIFETIME coverage.
PAID-UP POLICY — NET SINGLE PREMIUM TEST
Triggers
"Dividends left with insurer"
"Policy paid up when"
"Net single premium"
Rule
A policy becomes PAID-UP (no more premiums due) when:
Cash Value + Accumulated Dividends = Net Single Premium
for the same face amount at the insured's ATTAINED AGE.
Net Single Premium = the one-time lump sum needed to buy paid-up coverage at current age.
This is the insurer's math to determine when you can stop paying. Attained age = current age, not original issue age.
PAYOR BENEFIT RIDER
Triggers
"Payor dies"
"Someone else pays premiums"
"Juvenile policy"
Rule
Used when someone OTHER than the insured pays the premiums (e.g., parent paying for child's policy).
If the PAYOR dies or becomes disabled, premiums are WAIVED until child reaches specified age.
Different from Waiver of Premium: Regular waiver covers the INSURED's disability. Payor benefit covers the PAYOR's death/disability.
Payor benefit = protects against PAYOR's death/disability. NOT the insured. NOT for financial problems.
POLICY PROVISIONS
Rule
Entire Contract: Policy + riders + application = entire contract
Grace Period: Life insurance = typically 30-31 days
Free-Look Period: 10 days (30 for mail-order) to return for full refund
Automatic Premium Loan: Insurer deducts overdue premium from cash value
RIDERS
Rule
Accidental Death Benefit (ADB): Additional sum if death is accidental — often DOUBLE or TRIPLE
Accelerated Benefits: Portion of death benefit paid early for TERMINAL ILLNESS (1-2 years to live)
Waiver of Premium: Premiums waived during DISABILITY — NOT a loan
ACCIDENTAL DEATH BENEFIT — REQUIREMENTS
Rule
Requirements for ADB to be paid:
• Death must occur within stated number of days after accident
• Accidental bodily injury must be cause of death
• Injury must occur prior to stated age (typically 60-70)
NOT required: Death from JOB-RELATED injury
ADB does NOT require job-related injury. It covers accidental death regardless of where the accident occurred — home, work, anywhere.
⚠️ WAIVER OF PREMIUM vs AUTOMATIC PREMIUM LOAN
Triggers
"Waived during disability"
"Loan to cover premium"
"Premiums forgiven"
"Policy loan for missed payment"
Rule
WAIVER OF PREMIUM (Rider):
• Triggered by: TOTAL DISABILITY
• Mechanism: Premium is FORGIVEN — no money changes hands
• Repayment: NOT required — waived premiums are a gift
• Effect on death benefit: NONE
• Cost: INCREASES policy premium (rider adds cost)
• Cash value: Still grows as if you paid
AUTOMATIC PREMIUM LOAN (Provision):
• Triggered by: MISSED PREMIUM payment
• Mechanism: Insurer uses cash value as a LOAN to pay premium
• Repayment: YES — loan balance accrues INTEREST
• Effect on death benefit: REDUCED by outstanding loan
Plain English
Waiver = insurer says "you're disabled, we'll cover it, forget about paying."
APL = insurer says "you missed a payment, we'll loan you the money from your own cash value."
EXAM TRAP: If question says "loan to cover premiums" → AUTOMATIC PREMIUM LOAN, NOT Waiver of Premium.
Waiver of Premium = NO LOAN. Premium is simply FORGIVEN.
Waiver = 3 NOTs: NOT a loan, NOT cash to policyowner, NOT for financial problems (only disability).
CHILDREN'S RIDER
Rule
Rider added to parent's policy that covers children.
Provides LEVEL TERM insurance on all children covered.
Same premium regardless of how many children.
Children's rider = LEVEL TERM. NOT "juvenile term," NOT "decreasing term," NOT "increasing term." LEVEL.
CONDITIONAL RECEIPT
Rule
Given when initial premium paid WITH application.
If found insurable, coverage effective from DATE OF RECEIPT.
Conditional receipt given at APPLICATION — NOT at delivery. At delivery: get GOOD HEALTH STATEMENT.
DEATH BENEFIT TAXATION
Rule
Lump sum death benefit = EXEMPT from federal INCOME tax
Included in deceased's GROSS ESTATE for ESTATE tax
Named beneficiary = NOT subject to insured's CREDITORS
PREMIUM FACTORS
Rule
Three factors: MORTALITY + INTEREST + EXPENSES
Interest income DECREASES premium (subtracted from mortality cost)
MORBIDITY is for HEALTH insurance. MORTALITY is for LIFE. Producer certification is NOT a factor.
BACKDATING
Rule
Purpose: Get premium rate based on EARLIER (younger) AGE.
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QUALIFIED vs NON-QUALIFIED PLANS
Rule
Qualified: Meets IRS rules — favorable TAX treatment
Non-Qualified: Does NOT meet IRS requirements — no favorable tax treatment
401(k) vs 403(b)
Rule
401(k): Employer-sponsored — save/invest BEFORE taxes
403(b): For PUBLIC SCHOOLS, tax-exempt organizations, ministers — also called TSA
403(b) = schools/nonprofits. 403(b) surrender = 100% TAXABLE (all pre-tax money).
DEFINED BENEFIT vs DEFINED CONTRIBUTION
Rule
Defined Benefit: Formula determines future BENEFIT (based on years + compensation)
Defined Contribution: Formula determines annual CONTRIBUTIONS — benefits vary
⚠️ TRADITIONAL vs ROTH IRA
Rule
Traditional IRA:
• Contributions may be TAX-DEDUCTIBLE
• Growth is TAX-DEFERRED
• Distributions are TAXED as ordinary income
Roth IRA:
• Contributions are AFTER-TAX (NOT deductible)
• Growth is TAX-FREE
• QUALIFIED distributions are completely TAX-FREE
EXAM TRAP: "Qualified Roth IRA distributions are treated how?" = TAX-FREE.
Traditional = tax-deferred (pay later). Roth = tax-free (you already paid).
OTHER PLANS
Rule
Keogh: For SELF-EMPLOYED individuals
SEP: Employers contribute to employees' IRAs
SIMPLE: Small employers (less than 100 employees)
Section 457: State/local government and specific nonprofits
KEOGH (HR-10) PLAN
Triggers
"Self-employed"
"HR 10"
"Sole proprietor retirement"
Rule
A QUALIFIED retirement plan for SELF-EMPLOYED individuals. Also called HR 10 plan. Same tax treatment as other qualified plans — tax-deductible contributions, tax-deferred growth, taxable distributions.
SIMPLE PLAN — 100 EMPLOYEE LIMIT
Rule
Employer can have a MAXIMUM of 100 EMPLOYEES earning at least $5,000 to be eligible for a SIMPLE retirement plan.
SIMPLE = 100 or fewer employees earning $5,000+. Not 50, not 25, not 250.
ROLLOVER — 60 DAY WINDOW
Triggers
"Time limit to rollover"
"Rollover deadline"
Rule
You have 60 DAYS to complete a rollover from an IRA or qualified plan. Miss the deadline = funds are taxed as income + 10% penalty if under 59½.
20% WITHHOLDING vs DIRECT TRANSFER
Triggers
"Rollover sent to participant"
"Trustee-to-trustee"
"Avoid withholding"
Rule
Rollover to PARTICIPANT: 20% mandatory federal tax withholding
TRUSTEE-TO-TRUSTEE transfer: NO withholding (0%)
IRA-to-IRA direct transfer: NO withholding (0%)
If you touch the money yourself = 20% withheld. Direct transfer between trustees = no withholding.
CONDUIT IRA
Rule
A "holding tank" for funds from a qualified plan on their way to ANOTHER qualified plan. Avoids the 20% mandatory withholding tax. Keeps funds eligible for future rollover to employer plan.
RMD PENALTY — 25%
Triggers
"Failed to take RMD"
"Age 73"
"Excise tax"
Rule
IRS imposes 25% EXCISE TAX on individuals aged 73+ who fail to take Required Minimum Distributions.
Deadline: April 1st of the year following the year participant attains age 73
Reduced to 10%: If corrected in a timely manner
RMD penalty = 25% (was 50% in old rules). Can be reduced to 10% if corrected quickly.
FIRST-TIME HOMEBUYER — $10,000 EXCEPTION
Rule
First-time homebuyers can withdraw up to $10,000 from qualified IRAs WITHOUT the 10% early withdrawal penalty. Still subject to income tax.
UNLIMITED MARITAL DEDUCTION — IRA
Rule
Transfer of a decedent's IRA balance to a SURVIVING SPOUSE qualifies for the Unlimited Marital Deduction (generally exempt from estate taxes). Surviving spouse can roll it into their own IRA.
VESTING — PERCENTAGE MATH
Rule
Vesting = percentage of employer contributions the employee OWNS.
80% vested = employee keeps 80%, could FORFEIT 20% if employment terminates
100% vested = employee owns it all, nothing forfeited
Vesting percentage = what you KEEP. The remaining percentage = what you could LOSE.
ERISA ESSENTIALS
Rule
Form 5500: Annual return/report — describes plan's insurance contracts
Summary Plan Description: Must be provided within 90 DAYS of eligibility
Exempt from ERISA: CHURCH PLANS
Summary Plan Description = 90 days. Church plans = EXEMPT from ERISA.
TOP HEAVY PLAN — 60%
Rule
A plan is "TOP HEAVY" if more than 60% of plan assets are attributable to KEY EMPLOYEES. Top heavy plans have additional requirements to protect rank-and-file employees.
Top heavy = 60%+ in key employee accounts. Not 30%, not 40%, not 50%.
EXCLUSIVE BENEFIT RULE
Rule
Assets in a qualified retirement plan must be maintained for the EXCLUSIVE BENEFIT of employees and their beneficiaries. Company CANNOT repossess funds for business purposes.
Officer taking unsecured loans from plan = violation of EXCLUSIVE BENEFIT RULE.
ALIENATION OF BENEFITS
Rule
Generally PROHIBITED to assign retirement plan benefits to another person. Exceptions: certain participant loans and certain domestic relations orders (QDROs for divorce).
MINIMUM COVERAGE RULE
Rule
IRS requires qualified plans to benefit a BROAD CROSS-SECTION of employees. Cannot discriminate in favor of HIGHLY COMPENSATED employees.
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⚠️ HSA vs FSA vs HRA
Rule
HSA (Health Savings Account): PORTABLE, tax-advantaged, funds ROLL OVER — requires HDHP
FSA (Flexible Spending Account): "USE IT OR LOSE IT" — through employer cafeteria plan
HRA (Health Reimbursement Arrangement): EMPLOYER-FUNDED ONLY — may roll over (employer decides)
Mnemonic
HSA = Holds Savings Always (portable, rolls over)
FSA = Forfeited Savings Account (use it or lose it)
HRA = His Rules Apply (employer-funded, employer decides)
EXAM TRAP: "Use it or lose it" = FSA (not HSA).
• FSA = FORFEITED if not used by deadline
• HSA = ROLLS OVER year to year, stays with you forever
• HMO is NOT an account — it's a managed care plan type
ACA METAL TIERS
Rule
Bronze: 60% actuarial value
Silver: 70%
Gold: 80%
Platinum: 90%
HIPAA
Rule
Limits pre-existing condition exclusions — treats all group insurance as single pool.
Creditable coverage gap: 63 days maximum
Pre-existing exclusion max: 12 months (regular enrollees)
Late enrollee exclusion max: 18 months
Look-back period: 6 months
HIPAA does NOT apply to: Disability income plans
LATE ENROLLEES = 18 months exclusion max (not 12). HIPAA does NOT apply to disability income plans.
BASIC vs MAJOR MEDICAL
Rule
Basic Medical/Surgical:
• FIRST-DOLLAR coverage (no deductible)
• Limited in scope and benefits
• Covers specific services
Major Medical:
• HIGH maximum benefits
• Includes DEDUCTIBLE and COINSURANCE
• Does NOT pay on first-dollar basis
• Does NOT pay on capitation basis (that's HMO)
Individual medical expense insurance: Typically written for 1 YEAR
First-dollar = BASIC. Major medical has deductibles. Capitation = HMO, NOT major medical.
MEDICAL EXPENSE EXCLUSIONS
Rule
Major medical typically EXCLUDES:
• CUSTODIAL CARE (covered by LTC policies)
• MILITARY DUTY
• Treatment in GOVERNMENT FACILITIES
• EXPERIMENTAL/INVESTIGATIVE services
Room and board COVERS: Room occupancy, GENERAL NURSING CARE, food, personal hygiene
Room and board does NOT cover: Surgeon's fees, prescription medication, diagnostic services
LIMITED A&H POLICIES
Rule
Cover ONLY specific illness or event (e.g., cancer policy)
Cover LIMITED PERILS and AMOUNTS
NO age restriction (not limited to under 65)
May pay on reimbursement OR indemnity basis
MEDICAL FEE DETERMINATION
Rule
Fee Schedule: Shows HIGHEST amount payable for each procedure
Usual, Customary, Reasonable (UCR): Based on average charges in GEOGRAPHIC REGION
Fee-for-Service: Each service priced/paid SEPARATELY according to schedule
PPO and Indemnity plans: Both pay on FEE-FOR-SERVICE basis
COORDINATION OF BENEFITS (COB) — MATH
Rule
Purpose: Avoid OVER-INSURANCE (duplicate payments)
How it works:
• PRIMARY plan pays first up to its maximum
• SECONDARY plan pays remainder up to its maximum
• Total payment cannot exceed actual expenses
Example: Plan A max $5,000, Plan B max $4,000, expenses $7,000
Plan A (primary) pays $5,000, Plan B (secondary) pays $2,000
COVERAGE TIMING RULE
Rule
If loss occurs while policy is ACTIVE, claim must be paid even if:
• Policy was cancelled AFTER the loss date
• Proof of loss submitted after cancellation
Key: Date of LOSS determines coverage, not date of claim submission
MANAGED CARE: HMO vs PPO vs POS
Rule
HMO (Health Maintenance Organization):
• Combines medical care DELIVERY and FUNDING in one organization
• LIMITED choice of providers
• Participants called SUBSCRIBERS
• Primary Care Physician (gatekeeper) provides routine/preventative care
• SPECIALISTS provide specialty care (e.g., neurologist)
• Prescription drugs through PARTICIPATING PHARMACIES
PPO (Preferred Provider Organization):
• Can use out-of-network providers
• Out-of-network = HIGHER out-of-pocket costs
• No gatekeeper required
POS (Point-of-Service):
• COMBINES features of HMO and indemnity plans
• Choose network or non-network AT TIME OF SERVICE
• Out-of-network = HIGHER costs
HMO = limited providers, combined delivery/funding, subscribers. PPO/POS out-of-network = higher costs, NOT no coverage.
FEDERALLY QUALIFIED HMO REQUIREMENTS
Rule
Must offer:
• FAMILY PLANNING services
• Routine physicals
• Emergency care
HMO wellness programs include: Routine physicals, smoke cessation, stress reduction
NOT included in wellness: Diagnostic testing services
COST CONTAINMENT METHODS
Rule
Preadmission Testing: Diagnostic tests BEFORE hospitalization — reduces LENGTH OF STAY
Preadmission Certification: Insurer notified BEFORE non-emergency admission
• Failure to obtain = REDUCTION in benefits (not denial or cancellation)
• For emergencies: notify AFTER admission
Concurrent Review: Monitors LENGTH of hospital stay
Mandatory Second Surgical Opinion: Required for specified ELECTIVE surgeries
• Helps CONTAIN employer's premium cost
• Lower out-of-pocket with second opinion obtained
Preadmission testing reduces hospitalization LENGTH. No certification = benefit REDUCTION (not denial).
HEALTH INSURANCE UNDERWRITING
Rule
Field Underwriting: Producer's personal contact with applicant — may reveal hazardous activities
Underwriting factors: Age, sex, physical condition, occupation, current residence
NOT factors: National origin, former residence, income level (for group)
Rating Types:
• Experience Rating = large groups (based on group's claims history)
• Community Rating = same rate regardless of health status in geographic area
Individual health = MOST RESTRICTIVE underwriting
National origin and former residence are NOT underwriting factors. Income level does NOT determine group premiums.
MEDICAL INFORMATION BUREAU (MIB)
Rule
Members: INSURANCE COMPANIES (not doctors, hospitals, or underwriters)
Purpose: Share medical information between insurers to prevent fraud
Consumer/Investigative Reports:
• Contains credit, reputation, and habits information
• Applicant has right to receive COPY of report
• Physical exams at INSURER'S expense (not applicant's)
SUBSTANDARD RISK
Rule
Difference between standard and substandard risk reflected in PREMIUM CHARGES
Substandard risk may result in:
• Policy issued with RATING (additional premium)
• Health condition EXCLUSION RIDER
• Modified coverage
Alcohol abuse: Indicates INCREASED exposure to risk
THIRD-PARTY ADMINISTRATION
Rule
Has grown due to expansion of SELF-FUNDING of benefits
Third party handles claims and administration for self-insured employers
PRIVACY AND DISCLOSURE
Rule
Privacy notice: PRODUCER supplies to applicant
Nonpublic information disclosure: Insurer must GIVE NOTICE, EXPLAIN, and ALLOW OPTING OUT
GROUP HEALTH CONTRACT PARTIES
Rule
Contract is between: EMPLOYER and INSURER
Employees receive certificates of insurance, NOT the contract itself
PREGNANCY DISCRIMINATION ACT
Rule
Employers must treat pregnancy same as ANY OTHER MEDICAL DISABILITY
Sick leave for pregnancy = same as any other disability
Note: Post-termination extensions do NOT have to apply equally to pregnancy
COBRA CONVERSION
Rule
When COBRA benefits expire, fully insured group policy can be converted to INDIVIDUAL HEALTH POLICY
COST-SHARING
Rule
Deductible: Amount insured pays BEFORE insurance pays
Coinsurance: PERCENTAGE shared after deductible
Copay: FIXED dollar amount per visit (covers admin costs)
Out-of-Pocket Maximum: Most insured pays in one year
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MEDICARE OVERVIEW
Rule
Administered by: Centers for Medicare and Medicaid Services (CMS)
Enrollment handled by: Social Security Administration
Part of: OASDHI (Old Age, Survivors, Disability, and Health Insurance)
Eligibility: Age 65+ OR received Social Security Disability for 24+ months
Anyone eligible for Social Security retirement is automatically eligible for Medicare
CMS administers Medicare programs. SSA handles enrollment and public information.
ORIGINAL MEDICARE vs MEDICARE ADVANTAGE
Rule
Original Medicare (Part A + B):
• Administered by FEDERAL government
• Must purchase separate Part D prescription plan
• Generally needs Medigap to cover cost-sharing
Medicare Advantage (Part C):
• "All-in-one" PRIVATE alternative to Original Medicare
• Often HMOs or PPOs
• May include Part D prescription coverage
• Eliminates need for Medigap
⚠️ MEDICARE ENROLLMENT PERIODS
Rule
Initial Enrollment Period (7 months):
• Begins 3 months BEFORE birth month
• Ends 3 months AFTER birth month
General Enrollment Period: January 1 - March 31
• For those who missed initial enrollment
• Coverage begins first day of month following enrollment
• Late enrollees pay PENALTY premium
Annual Open Enrollment: October 15 - December 7
• Change between Original Medicare and Advantage plans
Special Enrollment Period: When retiring from employer group coverage
EXAM TRAP: General enrollment (Part B late enrollment) = January 1 - March 31. Annual open enrollment = October 15 - December 7.
MEDICARE PART A — HOSPITAL INSURANCE
Rule
NO premium for "fully insured" (40 credits/10 years work)
Funded by: Federal payroll and self-employment taxes
Part A COVERS:
• Inpatient hospital care (semi-private room, nursing, drugs, tests)
• Skilled nursing facility (requires prior 3-day hospital stay)
• Home health care
• Hospice care
• Inpatient psychiatric care (190 days LIFETIME maximum)
Part A does NOT cover:
• First 3 pints of blood
• Private duty nurse
• Private rooms
• Personal conveniences (TV, phone)
Part A psychiatric care = 190 days per LIFETIME. First 3 pints of blood NOT covered (Medigap covers this).
PART A BENEFIT PERIODS & COST-SHARING
Rule
Benefit period: Begins at admission, ends 60 days after discharge
Hospital Coverage per Benefit Period:
• Days 1-60: Per-period deductible, NO coinsurance
• Days 61-90: Daily coinsurance amount
• Lifetime Reserve Days: 60 additional days (coinsurance = 2x days 61-90)
Skilled Nursing Facility (max 100 days):
• Days 1-20: NO cost-sharing
• Days 21-100: Daily coinsurance (flat dollar amount per day)
• After 100 days: NO coverage
Skilled nursing = max 100 days per benefit period. Days 1-20 = no cost. Days 21-100 = daily coinsurance.
MEDICARE PART B — MEDICAL INSURANCE
Rule
Monthly premium deducted from Social Security check
Part B COVERS:
• Doctor's services and exams (anywhere in U.S.)
• Outpatient services, labs, x-rays, supplies
• Durable medical equipment
• Non-employee surgeons/anesthesiologists for inpatient surgery
Cost-sharing: Annual deductible + 20% coinsurance
Part B does NOT cover:
• Private duty nurse
• Custodial care
• Skilled nursing over 100 days
• Routine vision, hearing, dental
• Outpatient prescription drugs
• Cosmetic surgery
• Routine physical exams and foot care
MEDICARE PROVIDERS & EXCESS CHARGES
Rule
Participating Provider: Accepts ASSIGNMENT — agrees to Medicare-approved fee
Non-Participating Provider: Does NOT accept assignment — may charge up to 15% MORE than Medicare-approved amount
Excess Charge: Difference between doctor's actual charge and Medicare-approved amount
• Covered by some Medigap plans
Participating = accepts assignment (Medicare-approved fee). Non-participating may charge up to 15% more.
MEDICARE PART C — MEDICARE ADVANTAGE
Rule
Must be enrolled in Parts A AND B to qualify
Continue paying Part B premium + plan premium
Government pays private insurers 95% of average cost per enrollee
Plan Types:
• HMO: Closed network, PCP required, out-of-network = emergency only
• PPO: Discounted network + some out-of-network coverage
• PFFS (Private Fee-for-Service): See any Medicare provider, plan sets payment terms
Cost: Small CO-PAY per visit or service (typical)
Part C participants may use HSAs for medical expenses
MEDICARE PART D — PRESCRIPTION DRUGS
Rule
Covers OUTPATIENT medications
Offered by private companies
Same enrollment periods as Part B
Late enrollers pay penalty premium
"Donut Hole": Coverage gap between basic and catastrophic layers
Each plan covers medications in its FORMULARY
⚠️ MEDIGAP (MEDICARE SUPPLEMENT)
Rule
Purpose: Fills gaps in Original Medicare — pays deductibles and coinsurance
Sold by private insurers
NAIC established 10 standardized plans (A through L)
Medigap CANNOT:
• Duplicate Medicare benefits
• Add additional benefits (e.g., dental)
• Be more restrictive than Medicare terms
Only ONE Medigap policy allowed per person
Benefits change annually to mirror Medicare changes (30 days notice required)
Medicare SELECT: Medigap through closed-end HMO for lower premium
EXAM TRAP: Medicare SELECT = preferred providers for LOWER premiums. Medigap cannot duplicate OR add to Medicare benefits.
MEDIGAP CORE BENEFITS (Plan A)
Rule
Part A Benefits:
• 100% hospital coinsurance days 61-90
• 100% lifetime reserve days coinsurance
• 365 ADDITIONAL lifetime reserve days
• 100% hospice coinsurance/copays
• Part A DEDUCTIBLE (core benefit)
Part B Benefits:
• 20% coinsurance after deductible (CORE BENEFIT)
Parts A and B: First 3 pints of blood
Plans B-L add: excess charges, skilled nursing cost-sharing, foreign travel
Part B 20% coinsurance = CORE benefit. Part A deductible = CORE benefit (covered by Plan A).
MEDIGAP ENROLLMENT & REQUIREMENTS
Rule
Open Enrollment Period: 6 months starting when enrolled in Part B
• GUARANTEED ISSUE — no underwriting
• NO minimum age requirement
• Policy issued REGARDLESS of health status
Contract Requirements:
• 30-day FREE-LOOK period
• Must be GUARANTEED RENEWABLE
• Max 6-month pre-existing condition exclusion/waiting period
• No new probationary period on replacement policies
Loss Ratios: 65% individual / 75% group
Medigap open enrollment = NO minimum age. 30-day free-look required. 6-month pre-existing max.
MEDIGAP PROHIBITED PRACTICES
Rule
Duplication of Coverage: Selling multiple Medigap policies to one person = ILLEGAL
High-Pressure Tactics: Threats, excessive pressure, fear
Cold Lead Advertising: Fails to disclose agent may call
Twisting: Misrepresentation to induce sale
Commission Rules:
• First-year commission cannot exceed 200% of second-year
• Year 2 amount must continue for 5 years
MEDICARE AND GROUP INSURANCE
Rule
Active employee age 65+ with COBRA group coverage:
• Employer group plan = PRIMARY
• Medicare = SECONDARY
Individual/Retiree insurance: SECONDARY to Medicare
Employee gets special enrollment period upon retirement
LONG-TERM CARE INSURANCE (LTCI)
Rule
Covers at least 12 CONSECUTIVE MONTHS of care in non-hospital setting
Three types: Life insurance riders, hybrid contracts, stand-alone policies
Benefit Triggers (must have ONE):
• Loss of ability to perform 2+ ADLs without substantial assistance
• Cognitive impairment (memory, orientation, reasoning, judgment)
6 ADLs: Bathing, Dressing, Toileting, Transferring, Continence, Eating
NOT an ADL: Driving
ADLs = Bathing, Dressing, Toileting, Transferring, Continence, Eating. Driving is NOT an ADL.
LEVELS OF CARE
Rule
Skilled Nursing Care:
• 24-hour daily nursing and rehabilitative care
• Physician-ordered, performed by skilled medical personnel
Intermediate Care:
• INTERMITTENT (not daily) nursing and rehabilitative care
• Physician-ordered, skilled personnel
Custodial Care:
• NON-MEDICAL assistance with ADLs
• Can be provided by medically UNSKILLED persons
• Must be physician-ordered
• Covered by LTCI, NOT Medicare or major medical
Intermediate = INTERMITTENT (not daily). Custodial = NON-medical ADL help by unskilled persons.
CARE DELIVERY SETTINGS
Rule
Nursing Home: Skilled care for significant loss of function
Assisted Living: Intermittent nursing + personal services (housekeeping, meals)
Home Health Care: Skilled care by visiting nurses/therapists at home
Home Care: Personal care by aides for ADLs (includes substantial assistance)
Adult Daycare: For seniors whose families work during day
Respite Care: Short-term relief for informal caregivers
Continuing Care Communities: Progressive levels without leaving community
HOSPICE CARE
Rule
COMFORT/PALLIATIVE care for life expectancy 6 months or less
Medicare Hospice Benefit Periods:
• Two 90-day periods
• Additional 60-day increments available
Hospice COVERS: Pain management, counseling, symptom relief, FAMILY COUNSELING
Hospice does NOT cover: REHABILITATION (curative treatment)
Hospice = comfort care, NOT rehabilitation. Family counseling benefit = HOSPICE.
LTCI BENEFIT STRUCTURE
Rule
Elimination Period: Waiting period before benefits begin
Waiver of Premium: Suspends premiums while receiving benefits
Benefit Definition:
• Daily maximum for specified duration, OR
• "Pool of money" = total dollars available (not days)
Daily Benefit Amounts:
• Higher limit = higher premium
• Home care limits typically 50-80% of facility benefit
Payment Methods:
• Fixed daily INDEMNITY, OR
• REIMBURSEMENT (expense-incurred) for actual costs — MOST COMMON
Most LTCI pays on REIMBURSEMENT (expense-incurred) basis, up to policy limits.
LTCI OPTIONAL PROVISIONS
Rule
Return of Premium Rider: Refunds premiums if policy lapses or insured dies without using benefits
Guarantee of Insurability Option:
• Buy MORE coverage at future intervals WITHOUT evidence of insurability
• Based on assumed inflation rate
Automatic Inflation Rider (AIR):
• Benefits periodically INCREASE WITHOUT proof of insurability
• Often 5% compounded annually
Non-Forfeiture Options (if policy lapses):
• Reduced paid-up policy
• Shortened benefit period
• Specified dollar amount
Inflation rider = benefits INCREASE without proof of insurability. Guarantee of insurability = BUY MORE coverage later.
LTCI NAIC MODEL STANDARDS
Rule
Requirements:
• At least 12 months of ongoing care
• Benefits based on loss of function or cognitive impairment
• Free-look period required
• Must be at least GUARANTEED RENEWABLE
• Max 6-month pre-existing condition exclusion
• Max 6-month look-back period
Prohibitions:
• Cannot require facility stay before home care
• Cannot pay significantly more for skilled vs other care
• Cannot require prior hospitalization
• Cannot supplement Medicare
• Cannot require terminal diagnosis
• Cannot use impairment riders for specific conditions
LTCI EXCLUSIONS
Rule
Allowable Exclusions:
• War
• Drug/alcohol abuse treatment
• Self-inflicted injury
• Attempted suicide
• Nervous/mental disorders
• Care outside U.S.
• Workers' Compensation covered losses
NOT Allowable Exclusions:
• Care for INCURABLE CONDITIONS
• ACUTE care (that's what LTCI doesn't cover by design, but can't be "excluded")
LTCI cannot exclude care for incurable conditions. Comprehensive LTCI does NOT cover acute care (hospital treatment).
LTCI UNDERWRITING & SUITABILITY
Rule
Functional Assessment: Reviews insured's ability to perform ADLs
Agent Responsibilities:
• Make fair and adequate policy comparisons
• Avoid selling excessive insurance
• Advise policy may not cover all costs
• PRODUCERS principally responsible for suitability
Required Disclosures: Outline of Coverage, Shopper's Guide, Personal Worksheet, Rating Practices
Third-Party Designation: Applicant may designate someone to receive lapse notices
Post-Claims Underwriting: Approving all applicants then underwriting at claim time = PROHIBITED unfair trade practice
Functional assessment = ability to perform ADLs. Post-claims underwriting = PROHIBITED.
LTCI TAX TREATMENT
Rule
Individual Premiums: NOT tax-deductible (after-tax)
Employer-Paid Qualified LTCI Premiums: EXCLUDED from employee's gross income
Benefits:
• Reimbursement benefits = NOT taxable
• Daily indemnity exceeding expenses = may be taxable (unless tax-qualified)
Qualified Plan Premiums: Deductible as medical expense exceeding 7.5% AGI
Employer-paid qualified LTCI = EXCLUDED from employee income. Individual premiums = NOT deductible.
TAX-QUALIFIED LTCI REQUIREMENTS
Rule
• Cannot pay expenses reimbursable by Medicare
• Benefit trigger: Loss of 2 ADLs OR severe cognitive impairment
• At least guaranteed renewable
• No cash surrender value
• Only provides LTC services
• 30-day free-look period
• Claims based on diagnosis of disability lasting at least 90 days
• Written plan of care required for claims
LIFE INSURANCE LTC RIDERS
Rule
Accelerated Death Benefit Rider:
• Pays part of death benefit upon terminal illness diagnosis
• NOT included in NAIC definition of LTCI
Long-Term Care Rider:
• Uses face amount to pay monthly LTC benefit
• REDUCES death benefit
• Same benefit triggers as stand-alone LTCI
Hybrid (Linked) Plans:
• Combines life/annuity with traditional LTCI
• Guaranteed LTC benefits
• Potential LTC benefit exceeds underlying contract
LTC rider REDUCES death benefit. Accelerated death benefit = NOT LTCI under NAIC definition.
MEDICARE vs MEDICAID vs LTCI
Rule
Medicare: Federal program for 65+ and disabled — acute/chronic illness treatment
Medicaid: Means-tested public program for poverty-level individuals — federal/state funded, state administered
LTCI: Private alternative to Medicaid for LTC
Dual Eligible: Low-income 65+ can qualify for both Medicare AND Medicaid
Asset Transfer Penalty: If assets transferred to family to qualify for Medicaid, benefits delayed
• Look-back period: 5 YEARS
LONG-TERM CARE PARTNERSHIP PROGRAMS
Rule
Federally supported, state-operated
Allow individuals to PROTECT ASSETS they would otherwise spend before qualifying for Medicaid
Requirements:
• Must be tax-qualified
• Must provide inflation protection
• Must meet consumer disclosure requirements
DENTAL INSURANCE
Rule
Preventative services (typically no deductible): Cleanings, x-rays, fluoride, oral exams
Restorative services: Fillings (NOT preventative)
Major services: Dentures, bridgework, crowns
Prepaid dental plans: CLOSED PANEL of dentists
PPO dental: DECREASED (reduced) fee schedules
Indemnity dental: Preventative care every 6 months
DENTAL PLAN EXCLUSIONS & LIMITS
Rule
NOT covered:
• Treatment that began BEFORE eligibility date
• MOUTH CANCER (oral cancer)
• Cosmetic dentistry
Common limits: X-rays per year, cleanings per year, cosmetic procedures
NOT a common limit: Number of teeth treated annually
Adverse selection prevention: Waiting periods, probationary periods, evidence of insurability
Encourages adverse selection: Multiple/periodic open enrollment periods
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DIRECTOR OF INSURANCE
Rule
Serves at: Pleasure of the GOVERNOR
Duties: Enforce insurance code, conduct examinations/investigations, examine producers and insurers
Cease and Desist Order: Director can issue to PROHIBIT specific practices violating insurance law
Primary purpose of examining records: Determine compliance with state insurance laws
⚠️ PRODUCER LICENSE REQUIREMENTS
Rule
Age: 18+ years old
Term: 4 years
CE: 48 hours every 4 years (including 6 hours ETHICS)
Fingerprinting: REQUIRED for all producer/broker applicants
Records retention: 3 years at PRINCIPAL PLACE OF BUSINESS
Advertising records: 3 years
Report to Director within 30 days:
• Change of address (residential, business, or email)
• Administrative action in another jurisdiction
• BEFORE using assumed business name
EXAM TRAP: Report address changes within 30 DAYS. Notify Director BEFORE (not after) using assumed name.
TEMPORARY LICENSE
Rule
Maximum: 180 days
CAN get temp license:
• Surviving spouse or personal representative of DECEASED producer
• Designated employee replacing deceased producer
• Representative of producer called to MILITARY duty
CANNOT get temp license:
• Employee of RETIRED producer
• Prospective producer waiting for exam
• Spouse of retiring producer
Temp license = DEATH, DISABILITY, or MILITARY. NOT for retirement situations.
NONRESIDENT PRODUCERS
Rule
No written exam required if:
• Currently licensed and in good standing in home state
• Submitted proper application and fees
Becoming AZ resident: Must apply for resident license within 90 DAYS
CE reciprocity: If home state accepts AZ CE, AZ accepts home state CE
LICENSE SUSPENSION/REVOCATION
Rule
Grounds include:
• Materially incorrect/misleading license application
• Violating insurance laws or Director's orders
• Fraud or material misrepresentation
• Misappropriating premiums or converting funds
• Felony conviction or crime of moral turpitude
• Unfair trade practices
• Fraudulent, coercive, or dishonest practices
• License denied/suspended/revoked in another state
• Failing to comply with child support order
• Using notes improperly during licensing exam
Surrender license: Cannot reapply for 1 YEAR
PRODUCER AUTHORITY
Rule
Producer is authorized to: Solicit, receive, and forward applications to insurer
Producer is NOT authorized to:
• Accept or reject applications
• Settle claim disputes
• Determine premium ratings
INSURER CLASSIFICATIONS
Rule
Domestic: Incorporated in THIS state (Arizona)
Foreign: Incorporated in ANOTHER U.S. state
Alien: Incorporated OUTSIDE the U.S. (another country)
Authorized (Admitted): Has Certificate of Authority to transact business
Unauthorized (Non-admitted): No Certificate of Authority
Certificate of Authority: Required for insurer to transact business in AZ
• Failure to obtain does NOT impair validity of contracts
ALIEN = outside U.S. (e.g., Canada). FOREIGN = another U.S. state. Puerto Rico = U.S. territory (interstate commerce).
SPECIAL INSURER TYPES
Rule
Captive Insurer: Writes exposures of its OWNERS only
Reciprocal Insurer: Members insure EACH OTHER, managed by ATTORNEY-IN-FACT
Fraternal Insurer: Lodge system providing social and insurance benefits to members
⚠️ UNFAIR TRADE PRACTICES
Rule
Misrepresentation: False statements about policy terms, benefits, dividends, financial condition
• Failing to disclose title and true nature of policy
• False advertising = misrepresentation
Rebating: Offering inducements NOT specified in policy
• Includes: premium rebates, special favors, stocks/bonds, splitting commission with buyer
• Both OFFER and ACCEPTANCE are illegal
Twisting: Replacing policy based on MISREPRESENTATION
Defamation: False/malicious statements about financial condition of insurer or person in insurance business
Coercion: Use of force or INTIMIDATION to sell insurance
• Unreasonably restrains business of insurance
Boycott: REFUSAL to do business
Unfair Discrimination: Different rates for same risk class
• Cannot discriminate based on: marital status, race, national origin, gender identity, sexual orientation, creed, ancestry
EXAM TRAPS:
• Splitting commission with BUYER = REBATING
• Splitting commission with another LICENSED producer = LEGAL
• False advertising = MISREPRESENTATION
• Coercion = unfair RESTRAINT of competition
UNFAIR CLAIMS PRACTICES
Rule
Unfair claims practices include:
• Misrepresenting policy provisions after a loss
• Failing to acknowledge/act promptly on claims
• Failing to adopt reasonable investigation standards
• Failing to affirm/deny coverage in reasonable time
• Refusing settlement because other insurance available
• Compelling insured to sue by offering substantially less
• Altering application without consent
NOT unfair claims practices:
• Refusing to pay FALSE or FRAUDULENT claims
• Offering to settle by ARBITRATION
Claims payment: Insurers must pay within 30 days or pay INTEREST
PENALTIES
Rule
Unfair trade/claims practices:
• Up to $1,000 per violation, max $10,000 total
• INTENTIONAL: Up to $5,000 per violation, max $50,000 in 6 months
Insurance fraud: Class 6 FELONY, up to $5,000 per violation
False statement on application: Class 2 MISDEMEANOR
Federal penalties (Fraud and False Statements):
• Fine up to $50,000
• Prison up to 15 YEARS
• License revocation
• NOT community service
Attempting to DEFRAUD insurer = Class 6 FELONY. Federal max prison = 15 YEARS.
1033 WAIVER
Rule
Person convicted of FELONY involving DISHONESTY may only engage in insurance business after receiving:
Written consent from STATE INSURANCE REGULATORY AGENCY
Interstate commerce includes U.S. TERRITORIES (Puerto Rico, etc.)
LIFE INSURANCE REQUIREMENTS
Rule
Grace period: 30 days (annual premium)
Free-look period: 10 days
Incontestable clause: 2 years (unless fraud)
Cash surrender delay: Insurer may delay up to 6 MONTHS
Reinstatement: Up to 3 YEARS upon meeting requirements
Policy loan max interest: 8% fixed rate
Conversion period (group to individual): 31 days
Annuity incontestable: 2 years
Illustrations: Must be signed by PRODUCER
• If premiums from nonguaranteed values, must disclose may need to resume payments
Dividends: Policy must state dividends are NOT guaranteed
HEALTH INSURANCE REQUIREMENTS
Rule
Newborn coverage: Automatic from MOMENT OF BIRTH for at least 31 days
Adopted child maternity: Covered if adopted within 1 YEAR of birth
Handicapped children: Covered until SELF-SUPPORTIVE
• Continuation may require proof of incapacity AND dependency at age limit
Small employer: 2-50 employees
Discontinuation notice: 180 days advance notice
Claim form not received in 15 days: Submit WRITTEN proof of loss
Legal action wait: 60 days after proof of loss
Court-ordered child coverage: Must allow enrollment at ANY TIME
REPLACEMENT RULES
Rule
Purpose: Protect policyowners from misrepresentations and loss of benefits
Replacement notice: Must be provided no later than APPLICATION DATE
Medicare Supplement replacement: Signed by PRODUCER AND APPLICANT
LTC replacement: Signed by APPLICANT, retained by replacing insurer
Best practice: Wait until NEW policy issued and delivered before surrendering existing policy
Loan trigger: Borrowing 25%+ of existing cash value = replacement requiring notification
PRIVACY AND DISCLOSURE
Rule
Notice of information practices:
• Given to applicant no later than APPLICATION DATE
• Given to policyholders at least ONCE PER YEAR (annually)
After adverse underwriting decision: Insurer must provide info within 30 BUSINESS DAYS
HIV/AIDS testing:
• Requires WRITTEN informed consent
• Consent form must disclose WHO receives test results
• Cannot report "AIDS virus antibodies" — only "abnormal blood test"
• Applicant must be told testing helps determine INSURABILITY
ANNUITY SUITABILITY
Rule
Must discuss: Financial status, financial objectives, age, annual income
NOT required: Level of education, client's primary physician
LONG-TERM CARE TRAINING
Rule
Initial training: 8 hours before soliciting LTC
Ongoing: 4 hours every 2 years
LTC benefits in AZ: Based on ability to perform ADLs
Producer responsibility: Determine appropriateness of Medicare Supplement
LIFE SETTLEMENTS
Rule
Life Settlement Broker: Licensed to NEGOTIATE life settlement contracts
Must be licensed BEFORE: Conducting any transactions
Proceeds: May be subject to claims of CREDITORS
GUARANTY FUND
Rule
Arizona Life and Disability Insurance Guaranty Fund:
Protects insureds when insurer becomes INSOLVENT
PROHIBITED: Producer telling client policy is covered by Guaranty Association
NEVER mention Guaranty Fund coverage to prospects — it's PROHIBITED BY LAW.
ADVERTISING REQUIREMENTS
Rule
Must disclose: Name of ACTUAL INSURER (not just trade name)
Group endorsements: Must disclose any insurer CONTROL over the group
Testimonials: Must be genuine and represent current opinion
Policy title: Must appear on FACE AND BACK of policy
FEDERAL LAWS
Rule
Fair Credit Reporting Act (FCRA):
• Consumer must be advised if denied based on unfavorable report
• Adverse info removed cannot be reinstated without notifying consumer in 5 days
• Late payments/judgments: 7 years; Bankruptcies: 10 years
Gramm-Leach-Bliley: Allows consolidation of banks, securities, insurance
Telemarketing Sales Rule:
• Calls only 8:00 AM - 9:00 PM
• Violation fine: $1,000 per call
• Do-not-call registry enforced
CAN-SPAM Act: Counters unsolicited commercial email
GINA: Bars use of genetic information in health insurance
Mental Health Parity Act: Established 2008
ACA REQUIREMENTS
Rule
Exchanges: Help individuals and small businesses purchase coverage
• Began providing coverage: 2014
• Must offer INTERNET-BASED PORTAL
• Administered by CCIIO (Center for Consumer Information and Insurance Oversight)
Metal tiers: Bronze 60%, Silver 70%, Gold 80%, Platinum 90%
Pre-existing conditions: Cannot deny or limit (except GRANDFATHERED plans)
Lifetime limits: PROHIBITED
Annual limits: NONE after January 1, 2014
Dependent coverage: Up to age 26
Rescission notice: 30 days required
Rescission allowed: If intentionally false statements offered
Small business definition (2016+): Up to 100 employees
Special enrollment trigger: Loss of minimum essential coverage
WORKERS' COMPENSATION
Rule
NOT covered: Intentional SELF-INFLICTED injuries at worksite
AHCCCS (Arizona Medicaid)
Rule
AHCCCS: Arizona Health Care Cost Containment System (Arizona's Medicaid)
ALTCS: Arizona Long Term Care System — covers nursing home/custodial care
• No prior hospitalization required
• Must meet impairment, income, and asset requirements
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SOCIAL SECURITY
Chapter 12: Social Security
ELIGIBILITY
Currently Insured: 6 credits in last 13 quarters — limited survivor benefits
Credits: Up to 4 per year
FICA TAXES
Self-Employed: 15.3% total
FULL RETIREMENT AGE