1. Application.—
1.1 THIS CIRCULAR, WHICH IS FURTHER TO CIRCULAR NO. IRDA/ACTL/FUP/VER 2.0/ DEC 2003/ DATED: 18/12/2003, IS APPLICABLE TO ALL REGISTERED LIFE INSURERS CARRYING ON LIFE INSURANCE BUSINESS IN INDIA, REGISTERED IN ACCORDANCE WITH SECTION 3 OF THE INSURANCE ACT, 1938 IN RESPECT OF ALL LIFE INSURANCE PRODUCTS CLASSIFIED UNDER LINKED BUSINESS, INCLUDING PENSION AND ANNUITY BUSINESSES.
2. Back Ground:
2.1 With the opening of the insurance sector, Unit Linked Insurance Products (ULIP) have emerged as popular products and the sector has been witnessing significant growth in this line of business in addition to growth of traditional insurance products.
2.2 Considering the several features differentiating the linked insurance products from the traditional insurance products, a review of the products has become necessary to assess the extent to which the following objectives interalia, were served, for the protection of interests of the policyholders:
1.Provision of a fair insurance coverage
2.Disclosures to facilitate informed decision by the policyholders as the investment risks are borne by them
3.Preserving the long term nature of the insurance products.
2.3 The various aspects of unit linked business have therefore been examined in detail in consultation with insurance companies and a set of guidelines has been framed governing the features of the Unit Linked Insurance business in general and the products to be offered thereunder by the companies, in particular. The guidelines are intended to enhance transparency, provide better understanding of the product design to intending investors/policyholders, enlarge the insurance cover in a consistent manner and mainly to conform to the medium and long term investment characteristics of insurance products. Insurance companies are advised to strictly comply with the guidelines and also give adequate publicity to the various features of the Unit Linked Life Insurance Products on their websites and the sales literature for the benefit of customers.
3. Criteria:
Unit Linked products and business should, at the minimum, satisfy the following features and criteria:
Reasonable insurance cover with a linkage to the premium payment during the term of the contract;
Availability of greater part of a targeted sum at the longer end;
Basic features of life insurance contract including long term nature;
Avoid technical jargon;
Remain simple for the public to understand.
Complete transparency in all aspects of the product terms & conditions;
Despite the investment risk being borne by the policyholder, the investment strategy is aligned to long term nature of these contracts;
Adequate disclosure of information pertaining to investment of funds and the elements of risk involved;
A standard method, across the industry, with regard to computation of NAV (Net Asset Value);
4. With a view to meeting the general and specific objectives for unit linked life insurance products, stated in paras#2 & 3 above, the Authority stipulates the guidelines in para #5. These will come into effect immediately and implemented as under.
I.The existing products should be modified to fall in line with the above guidelines. While there is no restriction on sale of these products (during the transition period (not beyond 30th June, 2006)), insurers should take steps to modify them as early as possible in a phased manner, and file with the Authority for information before use. As a special case, the products so filed can be used without waiting for 30 days period. The above procedure for such products call for modification of all relevant documents such as policy document, proposal form, sales literature, sales illustration and advertisement material and filing with the Authority before use. This shall be subject to completion of an internal check (at the insurer’s end) to satisfy that the products and related documents conform to the guidelines and certification by the CEO and the Appointed Actuary. The Authority would carry out a check of the compliance at a later date and violations, if any observed, will invite serious action. The insurers are accordingly advised to carry out the requisite modification of the existing products, and complete the exercise latest by 30th June, 2006. The existing products which are not modified shall not be sold after 30th June 2006.
II.All the products filed but not yet cleared by the Authority shall be required to be filed afresh after modifying to conform to the guidelines.
5. Guidelines on Unit Linked Life Insurance Products
The guidelines are detailed in the Annexure and have been classified into 6 Parts, namely:-
S.No
Part
Description
1
Part -I
Product Design
Annexure
Description
I
Terminology
II
Charges
III
Forms to be furnished to the IRDA
2
Part -II
Market Conduct
3
Part -III
Disclosure Norms
4
Part -IV
Advertisements
5
Part -V
Furnishing of Information
6
Part -VI
Rating of unit linked funds
6 Review of the guidelines:
6.1 The Authority proposes to make a detailed review of the guidelines at an appropriate date for such modifications as may be deemed necessary towards protection of the interests of the policyholders.
/Sd.
(C.R.MURALIDHARAN)
Member
Annexure-Guidelines on Unit Linked Insurance Products
PART-I Product Design
Approved terminology stated under various items under these guidelines should be used as per Annexure-I at all times and shall not be changed and other terminology/definitions shall not be used.
1. Benefit payable on death:
1.1. The table 1.2 below specifies the minimum sum assured in respect of death benefit under unit linked life insurance contracts where:
1.1.1 T is Policy Term (PT) chosen by the policyholder (T shall be taken as 70 minus age at entry in case of Whole Life Products).
1.1.2 AP is Annualized Premium selected by the policyholder at the inception of the policy.
1.1.3 SP is Single Premium chosen by the policyholder at the inception of the policy.
1.2 The minimum sum assured shall be at least equal to:
Table: 1.2
Type of products
Minimum Sum Assured
Single Premium Products
125% of the SP
Non-Single Premium Products
0.5 x T x AP or 5 x AP, whichever is higher
1.2.1 In respect of products under pension and annuity business Table 1.2 is not mandatory.
1.3. Other Conditions:
1.3.1 The sum assured payable on death shall not be reduced at any point of time during the term of the policy except to the extent of the partial withdrawals made during the two year period immediately preceding the death of the life assured. However, on attainment of60 years of age of the life assured, all the partial withdrawals may be set off against the sum assured payable on death.
1.3.3. No cover should be extended after the expiry of the policy term and only settlement options (which are clearly outlined at the commencement of the contract) may be allowed.
2. Minimum Policy Term: The minimum policy term shall be five years.
3. Guarantees on policy benefits:
A linked product must have a guaranteed sum assured payable on death and may have a guaranteed maturity value.
3.1. General aspects on Guarantees: Guarantees provided on death, and/or on maturity shall be reasonable and consistent in relation to the current and long term interest rate scenario. In this regard, demonstration of proper pricing, including the appropriateness through sensitivity and scenario testing shall be required under the File and Use Procedure for all the guarantees provided for.
4. Surrender value (SV):
4.1 Where a Unit Linked Life Insurance Policy acquires a surrender value, it shall become payable only after the completion of the third policy anniversary.
4.2 The “Surrender Value” or the “surrender value formula” must be published in the policy document and all other promotional materials of the life insurance contract.
5 Options available on discontinuance of premiums:
5. (i) Discontinuance of due premiums after paying at least three consecutive years premium:
5.1. If all the due premiums have been paid for at least three consecutive years and subsequent premiums are unpaid, life insurers shall give an opportunity to the policyholders to revive the contract within the limited period allowed for revival as per policy conditions.
5.2 During this limited period for revival, the insurance cover under the Unit Linked Life Insurance contracts shall be continued levying appropriate charges.
5.3 At the end of the allowed period for revival, if the contract is not revived, the contract shall be terminated by paying the surrender value. However, the life insurers can offer to continue the insurance cover under such contracts, if so opted to by the policyholder, levying appropriate charges until the fund value does not fall below an amount equivalent to one full year’s premium,.
5.4 When the fund value reaches an amount equivalent to one full year’s premium, the contract shall be terminated by paying the fund value. It is clarified that the intention is to ensure Payment of a minimum of one full year’s premium to the policyholder.
5. (ii) Discontinuance of due premiums within three years of inception of the policy:
5.6 If all the due premiums have not been paid for at least 3 consecutive years from inception, the insurance cover under the Unit Linked Life Insurance contracts shall cease immediately.
5.7 Insurers shall give an opportunity to the policyholders to revive within the period allowed for revival as per policy conditions.
5.8 In case the contract is not revived during this period, the contract shall be terminated and the surrender value, if any, shall be paid at the end of third policy anniversary or at the end of the period allowed for revival whichever is later.
6. Loans: No loans shall be granted under Linked Insurance products.
7. Top-up Premium:
7.1 A top-up premiu