§ 23-81-303 - Nonforfeiture requirements.
               	 		
23-81-303.    Nonforfeiture requirements.
    (a)  In  the case of contracts issued on or after the operative date of this  subchapter as defined in    23-81-312, no contract of annuity, except as  stated in    23-81-302, shall be delivered or issued for delivery in this  state unless it contains in substance the following provisions or  corresponding provisions, which in the opinion of the Insurance  Commissioner are at least as favorable to the contract holder, upon  cessation of payment of considerations under the contract:
      (1)  That  upon cessation of payment of considerations under a contract or upon  the written request of the contract owner, the insurer will grant a  paid-up annuity benefit on a plan stipulated in the contract of such  value as is specified in      23-81-305 -- 23-81-308 and 23-81-310;
      (2)    (A)  If  a contract provides for a lump-sum settlement at maturity or at any  other time, that upon surrender of the contract at or prior to the  commencement of any annuity payments, the insurer will pay in lieu of  any paid-up annuity benefit a cash surrender benefit of such amount as  is specified in      23-81-305, 23-81-306, 23-81-308, and 23-81-310.
            (B)  The  insurer may reserve the right to defer the payment of the cash  surrender benefit for a period not to exceed six (6) months after demand  therefor with surrender of the contract after making written request  and receiving written approval of the commissioner. The request shall  address the necessity and equitability of the deferral to all  policyholders;
      (3)  A statement of  the mortality table, if any, and interest rates used in calculating any  minimum paid-up annuity, cash surrender, or death benefits that are  guaranteed under the contract, together with sufficient information to  determine the amounts of the benefits; and
      (4)  A  statement that any paid-up annuity, cash surrender, or death benefits  that may be available under the contract are not less than the minimum  benefits required by any statute of the state in which the contract is  delivered and an explanation of the manner in which such benefits are  altered by the existence of any additional amounts credited by the  insurer to the contract, any indebtedness to the insurer on the  contract, or any prior withdrawals from or partial surrenders of the  contract.
(b)  Notwithstanding the  requirements of this section, any deferred annuity contract may provide  that if no considerations have been received under a contract for a  period of two (2) full years and the portion of the paid-up annuity  benefit at maturity on the plan stipulated in the contract arising from  consideration paid prior to the period would be less than twenty dollars  ($20.00) monthly, the insurer may at its option terminate the contract  by payment in cash of the then-present value of the portion of the  paid-up annuity benefit, calculated on the basis of the mortality table,  if any, and interest rate specified in the contract for determining the  paid-up annuity benefit, and by the payment shall be relieved of any  further obligation under the contract.