3230 - Accelerated payment of the death benefit or special surrender value under a life insurance policy.

§  3230. Accelerated payment of the death benefit or special surrender  value under a life insurance policy. (a)  The  application  for  a  life  insurance  policy or policy rider which provides for accelerated payment  of death benefits or a special surrender value shall:    (1) contain a notice,  prominently  displayed,  to  read  as  follows:  "Receipt of accelerated death benefits may affect eligibility for public  assistance programs and may be taxable."; and    (2) include  the  amount of any additional premium associated with the  accelerated payment or, if there is no separately identifiable  premium,  whether a discount is associated with acceleration.    (b) The application to accelerate benefits shall:    (1) be  dated  by  the insurer upon transmittal and shall be completed  and signed by the policy owner not more than thirty days thereafter; and    (2) contain a notice,  prominently  displayed,  to  read  as  follows:  "Receipt of accelerated death benefits may affect eligibility for public  assistance  programs  such  as  medical  assistance  (medicaid),  family  assistance and supplemental  security  income.  Receipt  of  accelerated  death  benefits  in  periodic  payments  may be treated differently than  receipt in a lump sum. Prior to applying for accelerated death benefits,  policyowners should consult with the appropriate social services  agency  concerning  how  receipt  will  affect  the eligibility of the recipient  and/or the recipient's spouse or dependents."    (3) contain a notice,  prominently  displayed,  to  read  as  follows:  "Receipt  of  accelerated  death  benefits  may  be  taxable. Receipt of  accelerated  death  benefits  in  periodic  payments  may   be   treated  differently  than  receipt  in  a  lump  sum. Prior to applying for such  benefits, policy owners should seek  assistance  from  a  qualified  tax  adviser."; and    (4) contain  a  statement by the policy owner that such application is  voluntary and without coercion on the part of any third party; and    (5) contain a statement of the remaining death  benefit  available  to  the beneficiary.    (c) Insurers  are prohibited from paying accelerated death benefits or  special surrender values to the policy owner or certificate holder for a  period of fourteen days from the date on which the information specified  in subdivision (d) of this section is  transmitted  in  writing  to  the  policy  owner  or  certificate  holder.  The policy owner or certificate  holder shall have the right to rescind the request for such payments  at  any time during the process of application for said benefits.    (d) Within  five  day  of  receipt  of  an  application  to accelerate  benefits an insurer must provide the policy owner with the following:    (1) an  illustration  demonstrating  the  effect  of  the  accelerated  benefit on the policy's cash value and policy loans;    (2) a  numerical  computation of the amount of the death benefit which  would be payable upon death;    (3) a numerical computation of the amount of the  death  benefit  that  would be payable upon acceleration; and    (4) a notice that other means may be available to achieve the intended  goal, including a policy loan.    (e) A  group  life  insurance  policy  which  provides for accelerated  payment of death benefits or a special surrender value must provide that  only the certificateholder has the right to accelerate the benefits.    (f) This section shall apply to all life insurance policies or  policy  riders  or  provisions  thereof  that provide for accelerated payment of  death benefits or a special surrender  value  pursuant  to  subparagraph  (A),  (B)  or  (C)  of  paragraph  one  of subsection (a) of section one  thousand one hundred thirteen of this chapter.(g) Insurers issuing any life insurance policy or policy  rider  which  provides  for accelerated payment of death benefits or special surrender  value on the basis described in subparagraph (D)  of  paragraph  one  of  subsection  (a)  of  section  one  thousand one hundred thirteen of this  chapter  shall, with respect to any such life insurance policy or policy  rider, conform to the requirements of paragraph four of  subsection  (b)  and  subsection  (e)  of  this  section  and  to  all those requirements  established by Section 4980C of the Internal Revenue Code for  qualified  long-term care insurance carriers.