ORS 743.216
Adjusted premiums

  • applicability

This section applies only to life insurance policies issued before the operative date defined in ORS 743.215 (Calculation of adjusted premiums). For such policies:

(1)

Except as provided in subsection (3) of this section, the adjusted premiums referred to in ORS 743.210 (Determination of cash surrender values) shall be calculated on an annual basis and shall be such uniform percentage of the respective premiums specified in the policy for each policy year, excluding any extra premiums charged because of impairments or special hazards, that the present value, at the date of issue of the policy, of all such adjusted premiums shall be equal to the sum of:

(a)

The present value at the policy issue date of the future guaranteed benefits provided for by the policy.

(b)

Two percent of the amount of insurance if the insurance is uniform in amount, or of the equivalent uniform amount as defined in subsection (2) of this section if the amount of insurance varies with duration of the policy.

(c)

Forty percent of the adjusted premium for the first policy year. For this purpose, any excess of the adjusted premium over four percent of the amount of insurance or equivalent uniform amount shall be disregarded.

(d)

Twenty-five percent of either the adjusted premium for the first policy year or the adjusted premium for a whole life policy for the same uniform or the same equivalent uniform amount of insurance with uniform premiums for the whole of life issued at the same age, whichever is less. For this purpose, any excess of the adjusted premium over four percent of the amount of insurance or equivalent uniform amount shall be disregarded.

(2)

In the case of a policy providing an amount of insurance varying with duration of the policy, the equivalent uniform amount of the subject policy for the purpose of this section shall be the uniform amount of insurance provided by an otherwise similar policy, containing the same endowment benefit or benefits, if any, issued at the same age and for the same term, the amount of which does not vary with duration and the benefits under which have the same present value at the date of issue as the benefits under the subject policy. However, in the case of a policy providing a varying amount of insurance issued on the life of a child under age 10, the equivalent uniform amount may be computed as though the amount of insurance provided by the subject policy prior to the attainment of age 10 were the amount provided by the subject policy at age 10.

(3)

The adjusted premiums for any policy providing term insurance benefits by rider or supplemental policy provision shall be calculated in accordance with this subsection. The amounts specified in paragraphs (a) and (b) of this subsection shall be calculated separately. Each such amount shall be calculated as specified in subsections (1) and (2) of this section. However, for the purposes of subsection (1)(b), (c) and (d) of this section, the amount of insurance or equivalent uniform amount of insurance used in the calculation of the adjusted premiums referred to in paragraph (b) of this subsection shall be equal to the excess of the uniform or equivalent uniform amount determined for the entire policy over the amount used in the calculation of the adjusted premiums in paragraph (a) of this subsection. The adjusted premiums for the entire policy shall equal the sum of:

(a)

The adjusted premiums for an otherwise similar policy issued at the same age without such term insurance benefits; and

(b)

During the period for which premiums for such term insurance benefits are payable, the adjusted premiums for such term insurance benefits.

(4)

Except as provided in paragraphs (a) and (b) of this subsection and subsection (5) of this section, all adjusted premiums and present values referred to in the Standard Nonforfeiture Law for Life Insurance shall for all policies of ordinary life insurance to which this section applies be calculated on the basis of the Commissioners 1941 Standard Ordinary Mortality Table. Such calculations for any category of ordinary life insurance issued on female lives may, however, be based on an age not more than six years younger than the actual age of the insured. Except as provided in paragraphs (a) and (b) of this subsection and subsection (7) of this section, such calculations of adjusted premiums and present values for all policies of industrial life insurance shall be made on the basis of the 1941 Standard Industrial Mortality Table. All calculations shall be made on the basis of the rate of interest, not exceeding three and one-half percent per annum, specified in the policy for calculating cash surrender values and paid-up nonforfeiture benefits. The following exceptions pertain:

(a)

In calculating the present value of any paid-up term insurance with accompanying pure endowment, if any, offered as a nonforfeiture benefit, the rates of mortality assumed may be not more than 130 percent of the rates of mortality according to the respective table.

(b)

For insurance issued on a substandard basis, the calculation of adjusted premiums and present values may be based on such other table of mortality as may be specified by the insurer and approved by the Director of the Department of Consumer and Business Services.

(5)

This subsection applies only to policies of ordinary life insurance to which this section applies and which are issued on or after the operative date of this subsection as defined in subsection (6) of this section. For such policies, all adjusted premiums and present values referred to in the Standard Nonforfeiture Law for Life Insurance shall, except as provided in paragraphs (a) and (b) of this subsection, be calculated on the basis of the Commissioners 1958 Standard Ordinary Mortality Table and the rate of interest specified in the policy for calculating cash surrender values and paid-up nonforfeiture benefits. Such calculations for any category of ordinary life insurance issued on female lives may, however, be based on an age not more than six years younger than the actual age of the insured. Such rate of interest shall not exceed three and one-half percent, except that a rate of interest not exceeding four percent may be used for policies issued from January 1, 1974, to December 31, 1977, and a rate of interest not exceeding five and one-half percent may be used for policies issued on or after January 1, 1978, and with the further exception that for any single premium whole life or endowment insurance policy a rate of interest not exceeding six and one-half percent may be used. The following exceptions pertain:

(a)

In calculating the present value of any paid-up term insurance with accompanying pure endowment, if any, offered as a nonforfeiture benefit, the rates of mortality assumed may be not more than those shown in the Commissioners 1958 Extended Term Insurance Table.

(b)

For insurance issued on a substandard basis, the calculation of adjusted premiums and present values may be based on such other table of mortality as may be specified by the insurer and approved by the director.

(6)

After August 9, 1961, any insurer may file with the director a written notice of its election to comply with the provisions of subsection (5) of this section after a specified date before January 1, 1966. After the filing of such notice, such specified date shall be the operative date of subsection (5) of this section for the insurer with respect to the ordinary life policies it thereafter issues. If an insurer makes no such election, such operative date for the insurer shall be January 1, 1966.

(7)

This subsection applies only to policies of industrial life insurance to which this section applies and which are issued on or after the operative date of this subsection as defined in subsection (8) of this section. For such policies, all adjusted premiums and present values referred to in the Standard Nonforfeiture Law for Life Insurance shall, except as provided in paragraphs (a) and (b) of this subsection, be calculated on the basis of the Commissioners 1961 Standard Industrial Mortality Table and the rate of interest specified in the policy for calculating cash surrender values and paid-up nonforfeiture benefits. Such rate of interest shall not exceed three and one-half percent, except that a rate of interest not exceeding four percent may be used for policies issued from January 1, 1974, to December 31, 1977, and a rate of interest not exceeding five and one-half percent may be used for policies issued on or after January 1, 1978, and with the further exception that for any single premium whole life or endowment insurance policy a rate of interest not exceeding six and one-half percent may be used. The following exceptions pertain:

(a)

In calculating the present value of any paid-up term insurance with accompanying pure endowment, if any, offered as a nonforfeiture benefit, the rates of mortality assumed may be not more than those shown in the Commissioners 1961 Industrial Extended Term Insurance Table.

(b)

For insurance issued on a substandard basis, the calculation of adjusted premiums and present values may be based on such other table of mortality as may be specified by the insurer and approved by the director.

(8)

After September 2, 1963, any insurer may file with the director a written notice of its election to comply with the provisions of subsection (7) of this section after a specified date before January 1, 1968. After the filing of such notice, such specified date shall be the operative date of subsection (7) of this section for the insurer with respect to the industrial life insurance policies it thereafter issues. If an insurer makes no such election, such operative date for the insurer shall be January 1, 1968. [Formerly 739.360; 1973 c.636 §6; 1977 c.320 §14; 1981 c.609 §16]

Source: Section 743.216 — Adjusted premiums; applicability, https://www.­oregonlegislature.­gov/bills_laws/ors/ors743.­html.

743.004
Submission of information by carriers offering health benefit plans
743.005
Protection of health information report
743.007
Data reporting
743.008
Reporting requirements
743.010
Health insurance policy and health benefit plan forms
743.015
Filing and approval of credit life and credit health insurance forms
743.018
Filing of rates for life and health insurance
743.019
Procedure for review of proposed rates for health benefit plans
743.020
Rate filing to include statement of administrative expenses
743.022
Premium rates for individual health benefit plans
743.023
Electronic administration
743.025
Rate filing to include prescription drug cost information
743.028
Uniform health insurance claim forms
743.029
Uniform standards for health care financial and administrative transactions
743.031
Stakeholder work group to recommend uniform standards
743.034
Coordination with Oregon Health Authority concerning uniform standards
743.035
Uniform prior authorization form for prescription drug benefits
743.038
Consent of individual required for life and health insurance
743.039
Alteration of application for life or health insurance
743.040
Personal insurance, insurable interest and beneficiaries
743.041
Payment discharges insurer
743.043
Assignment of policies
743.044
Life insurance for benefit of charity
743.046
Exemption of proceeds of individual life insurance other than annuities
743.047
Exemption of proceeds of group life insurance
743.049
Exemption of proceeds of annuity policies
743.050
Exemption of proceeds of health insurance
743.053
Prohibition on requirement that death or dismemberment occur in less than 180 days after accident
743.100
Short title
743.101
Purpose
743.103
Definitions for ORS 743.100 to 743.109
743.104
Scope of ORS 743.100 to 743.109
743.106
Reading ease standards for life and health insurance policies
743.107
When director may authorize lower standards
743.109
Approval of certain policy forms containing specified provisions
743.150
Scope of ORS 743.150, 743.153 and 743.156
743.153
Statement of benefits
743.154
Acceleration of death benefits
743.156
Statement of premium
743.159
Scope of ORS 743.162 to 743.243
743.162
Payment of premium
743.165
Grace period
743.168
Incontestability
743.171
Incontestability and limitation of liability after reinstatement
743.174
Entire contract
743.177
Statements of insured
743.180
Misstatement of age
743.183
Dividends
743.186
Policy loan
743.187
Maximum interest rate on policy loan
743.189
Reinstatement
743.192
Payment of claim
743.195
Installment payments
743.198
Title
743.201
Beneficiary of industrial policies
743.204
Standard Nonforfeiture Law for Life Insurance
743.207
Required provisions relating to nonforfeiture
743.210
Determination of cash surrender values
743.213
Determination of paid-up nonforfeiture benefits
743.215
Calculation of adjusted premiums
743.216
Adjusted premiums
743.218
Requirements for determination of future premium amounts or minimum values
743.219
Supplemental rules for calculating nonforfeiture benefits
743.221
Cash surrender values upon default in premium payment
743.222
Policy benefits and premiums that shall be disregarded in calculating cash surrender values and paid-up nonforfeiture benefits
743.225
Prohibited provisions
743.228
Acts of corporate insured or beneficiary with respect to policy
743.230
Variable life policy provisions
743.231
“Profit-sharing policy” defined
743.234
“Charter policy” or “founders policy” defined
743.237
“Coupon policy” defined
743.240
Profit-sharing, charter or founders policies prohibited
743.243
Restrictions on form of coupon policy
743.245
Variable life insurance policy provisions
743.247
Notice to variable life insurance policyholders
743.252
Scope of ORS 743.255 to 743.273
743.255
Grace period for annuities
743.258
Incontestability
743.261
Entire contract
743.264
Misstatement of age or sex
743.267
Dividends
743.268
Advancement of policy loans
743.269
Periodic payments for period certain
743.270
Reinstatement
743.271
Periodic stipulated payments on variable annuities
743.272
Computing benefits
743.273
Standard provisions of reversionary annuities
743.275
Standard Nonforfeiture Law for Individual Deferred Annuities
743.278
Required provisions in annuity policies
743.284
Computation of benefits
743.287
Commencement of annuity payments at optional maturity dates
743.290
Notice of nonpayment of certain benefits to be included in annuity policy
743.293
Minimum forfeiture amounts for annuity policies
743.295
Effect of certain life insurance and disability benefits on minimum nonforfeiture amounts
743.298
Penalties, fees or charges
743.303
Requirements for issuance of group life insurance policies
743.306
Required provisions in group life insurance policies
743.309
Nonforfeiture provisions
743.312
Grace period
743.315
Incontestability
743.318
Application
743.321
Evidence of insurability
743.324
Misstatement of age
743.327
Payments under policy
743.330
Issuance of certificates
743.333
Termination of individual coverage
743.336
Termination of policy or class of insured persons
743.339
Death during period for conversion to individual policy
743.342
Statement furnished to insured under credit life insurance policy
743.345
Assignability of group life policies
743.348
Certain sales practices prohibited
743.351
Eligibility of association to be group life policyholder
743.354
Requirements for certain group life policies issued to trustees of certain funds
743.356
Continuing coverage upon replacement of group life policy
743.358
Borrowing by certificate holders under group life policy
743.360
Alternative group life insurance coverage
743.371
Definitions for credit life and credit health insurance provisions
743.372
Applicability of credit life and credit health insurance provisions
743.373
Forms of credit life and credit health insurance
743.374
Limits on amount of credit life insurance
743.375
Limit on amount of credit health insurance
743.376
Duration of credit life and credit health insurance
743.377
Credit life and credit health insurance policy or group certificate
743.378
Charges and refunds to debtor
743.379
Status of remuneration to creditor
743.380
Claim report and payment
743.402
Exceptions to individual health insurance policy requirements
743.405
General requirements for health insurance policies
743.406
Required provisions in group health insurance policies
743.408
Mandatory provisions
743.411
Entire contract
743.414
Time limit on certain defenses
743.416
Due date for first premium payment
743.417
Grace period for subsequent premium payments
743.420
Reinstatement
743.423
Notice of claim
743.426
Claim forms
743.429
Proofs of loss
743.432
Time of payment of claims
743.435
Payment of claims
743.438
Physical examinations and autopsy
743.441
Legal actions
743.444
Change of beneficiary
743.447
Optional provisions
743.450
Change of occupation
743.453
Misstatement of age
743.456
Other insurance in same insurer
743.459
Insurance with other insurers
743.462
Insurance with other insurers
743.465
Relation of earnings to insurance
743.468
Unpaid premium
743.471
Cancellation
743.472
Permissible reasons for cancellation or refusal to renew
743.474
Conformity with state statutes
743.477
Illegal occupation
743.483
Arrangement of provisions
743.486
Scope of term “insured” in statutory policy provisions
743.489
Extension of coverage beyond policy period
743.492
Policy return and premium refund provision
743.495
Use of terms “noncancelable” or “guaranteed renewable”
743.498
Statement in policy of cancelability or renewability
743.521
Leased workers
743.522
Additional groups designated by director
743.523
Certain sales practices prohibited
743.524
Eligibility of association to be group health policyholder
743.526
Determination of whether trustees are policyholders
743.535
Health benefit coverage for guaranteed association
743.536
“Blanket health insurance” defined
743.537
Required provisions for blanket health insurance policies
743.540
Application and certificates not required for blanket health insurance policies
743.543
Payment of benefits under blanket health insurance policies
743.546
Exemption of policy form approval for blanket health insurance policies
743.550
Student health insurance
743.551
Student health benefit plans
743.650
Long Term Care Insurance Act
743.652
Definitions for ORS 743.650 to 743.665
743.653
Prohibition on certain policies
743.655
Rules
743.656
Eligibility for benefits
743.658
Notice of lapse or termination
743.662
Rescission of policy and denial of claims
743.664
Offer of nonforfeiture benefit
743.665
Prompt pay requirements
743.680
Definitions for ORS 743.680 to 743.689
743.682
Application of ORS 743.680 to 743.689
743.683
Policy contents
743.684
Filing of policy
743.685
Outline of coverage
743.686
Right to return of policy
743.687
Advertising
743.688
Rules
743.689
Director’s authority upon violation of ORS 743.680 to 743.689
743.787
Definitions for ORS 743.788
743.788
Prescription drug identification card
743.790
Rules for prescription drug identification cards
743.824
Cash dividends for healthy behaviors
743.826
Requirements for catastrophic plans
Green check means up to date. Up to date