INSURANCE
REGULATORY AND DEVELOPMENT AUTHORITY OF INDIA (UNIT LINKED INSURANCE PRODUCTS)
REGULATIONS, 2019
PREAMBLE
In exercise of the powers conferred under
sub-section 2(zc) and 2(zd) of Section 114A of the Insurance Act,
1938 (4 of 1938) read with Sections 14 and 26 of the
Insurance Regulatory and Development Authority Act, 1999, the Authority in
consultation with the Insurance Advisory Committee, hereby makes the following
Regulations, namely:-
CHAPTER-I
Regulation - 1. Short title and commencement.
(a)
These
Regulations may be called Insurance Regulatory and Development Authority of
India (Unit Linked Insurance Products) Regulations, 2019.
(b)
These
shall come into force on the date of their publication in the Official Gazette.
(c)
These
Regulations shall be applicable to all Unit Linked insurance products offered
by life insurers.
Regulation - 2. Objective.
(i)
To
ensure that insurers follow prudent practices in designing and pricing of life
insurance products and to protect the interests of the policyholders.
(ii)
To
ensure sound and responsive management practices for effective oversight and
adequate due diligence with regard to designing and pricing of life insurance
products.
Regulation - 3. Definitions.
In these Regulations, unless the context
otherwise requires,
(a)
"Act"
means the Insurance Act, 1938 (4 of 1938).
(b)
"Authority"
means the Insurance Regulatory and Development Authority of India established
under sub-section (1) of section 3 of the Insurance Regulatory and
Development Authority Act, 1999 (41 of 1999).
(c)
"Allocation"
means the process of creating the units at the prevailing unit price offered by
the life insurer for example, when the premiums are received or when switches
are made.
(d)
"Annualized
Premium" means the premium amount payable in a year excluding the taxes,
rider premiums and underwriting extra premium on riders, if any.
(e)
"Date
of Payment of Premium" means the date on which premium payment is received
by the insurer in accordance with the provisions of Section 64 VB
(2) of the Act.
(f)
"Discontinuance"
means the state of a policy that could arise on account of surrender of the
policy or nonpayment of the contractual premium due before the expiry of the
grace period.
Provided that no policy shall be treated as
discontinued on non-payment of the said premium if, within the grace period,
the premium has not been paid due to the death of the insured or upon the
happening of any other contingency covered under the policy.
(g)
"Death
Benefit" means the benefit which is payable on death as stated in the
policy document.
(h)
"Discontinued
Policy Fund" means the segregated fund of the insurer that is set aside
and is constituted by the fund value, as applicable, of all the policies
discontinued during lock-in period, determined in accordance with these
Regulations.
(i)
"Employer-Employee
group" means group where an employer-employee relationship exists between
the master policyholder and the member in accordance with the relevant laws.
(j)
"Fund
value or Unit Fund value" means the total value of the units at a point of
time in a segregated fund i.e. total number of units under a policy multiplied
by the Net Asset Value (NAV) per unit of that fund.
(k)
"Grace
Period for other than single Premium Policies" means the time granted by
the insurer from the due date for the payment of premium, without any penalty
or late fee, during which time the policy is considered to be in-force with the
risk cover without any interruption, as per the terms & conditions of the
policy. The grace period for payment of the premium for all types of Unit
Linked insurance policies shall be: fifteen days, where the policyholder pays
the premium on a monthly basis and thirty days in all other cases.
(l)
"Limited
Premium Payment Policy" means the Unit Linked insurance policy other than
single premium policy, where the premium payment period is limited compared to
the policy term, and premiums are payable at regular intervals like yearly,
half yearly, quarterly, monthly or any other interval as approved by the
Authority.
(m)
"Lock-in
Period" means the period of five consecutive completed years from the date
of commencement of the policy, during which period the proceeds of the
discontinued policies cannot be paid by the insurer to the policyholder or to
the insured, as the case may be, except in the case of death or upon the
happening of any other contingency covered under the policy.
(n)
"Maturity
Benefit" means the benefit which is payable on maturity as stated in the
policy document.
(o)
"Net
Asset Value (NAV)" means the price per unit of the Segregated Fund.
(p)
"Partial
Withdrawals" means any part of fund that is encashed/withdrawn by the
policyholder during the period of contract.
(q)
"Premium
re-Direction" means an option which allows the policyholder to modify the
allocation of amount of renewal premium to various segregated funds, under a
Unit Linked policy.
(r)
"Redemption"
means cancellation of the units at the prevailing unit price of the segregated
funds offered in the products, in case of partial withdrawals, switches,
surrender, maturity etc.
(s)
"Regular
Premium Policy" means Unit Linked insurance policy where the premium
payment is throughout the term of the policy or premium payment term of the
policy and premiums are payable at regular intervals.
(t)
"Rider
Benefits" means an amount of benefit payable on a specified event offered
under the rider, and is allowed as add-on benefit to benefit under base
product, and may include waiver of premium benefit on other applicable riders.
(u)
"Revival
of a Policy" means restoration of the policy, which was discontinued due
to the non-payment of premium, by the insurer with all the benefits mentioned
in the policy document, with or without rider benefits, if any, upon the
receipt of all the premiums due and other charges or late fee, if any, as per
the terms and conditions of the policy, upon being satisfied as to the
continued insurability of the insured or policyholder on the basis of the
information, documents and reports furnished by the policyholder, in accordance
with Board approved Underwriting policy.
(v)
"Revival
Period" means the period of three consecutive complete years from the date
of first unpaid premium during which period the policyholder is entitled to
revive the policy which was discontinued due to the non-payment of premium.
(w)
"Segregated
Fund" means funds earmarked in respect of Unit Linked business.
(x)
"Settlement
Option" means a facility made available to the policyholder to receive the
maturity or death proceeds in instalments in accordance with the terms and
conditions stated in advance at the inception of the contract.
(y)
"Single
Premium Policy" means Unit Linked insurance policy, where the premium
payment is made in lump sum payment at the inception of the policy.
(z)
"Sum
Assured" means an absolute amount of benefit which is guaranteed to become
payable on death of the life assured in accordance with the terms and
conditions of the policy or an absolute amount of benefit which is available to
meet the health cover.
(aa) "Surrender" means complete withdrawal
or termination of the entire policy.
(bb) "Surrender Value" means an amount, if
any, that becomes payable in case of surrender in accordance with the terms and
conditions of the policy.
(cc) "Switches" means a facility allowing
the policyholder to change the investment pattern by moving from one segregated
fund, either wholly or in part, to other segregated fund(s) amongst the
segregated funds offered under the underlying Unit Linked insurance product of
the insurer.
(dd) "Top-up premium" is an amount of
premium that is paid by the policyholders at irregular intervals besides basic
regular premium payments or single premium stated in the contract and is
treated as single premium for all purposes.
(ee) "Units" means a specific portion or
part of the underlying segregated Unit Linked fund which is representative of
the policyholder's entitlement in such funds.
(ff) "Unit Linked Whole Life policy"
means Unit Linked insurance policy, which does not have a definite policy term
and the policy terminates on death of the life assured or provides coverage at
least up to attainment of age 80 years.
(gg) All words and expressions used herein and not
defined in these Regulations but defined in the Insurance Act, 1938 or the
Insurance Regulatory and Development Authority Act, 1999 (41 of 1999) or in any
Rules or Regulations made thereunder, shall have the meanings respectively
assigned to them in those Acts or Rules or Regulations.
CHAPTER-II
UNIT LINKED INSURANCE PRODUCTS
Regulation - 4. Unit Linked Insurance Products.
(a)
Unit
Linked insurance products shall be offered only under non-par individual
products and non-par group products.
(b)
These
are the products where the benefits are partially or wholly dependent on the
performance of the underlying assets under each of the segregated fund offered
and shall be operated as follows:
(i)
The
premiums shall be allocated to such segregated funds, otherwise called as unit
funds, as per its net asset value and the benefits shall be determined based on
the performance of the underlying assets of such segregated funds.
(ii)
The
insurers shall levy charges subject to the stipulations in these Regulations.
(iii) The products shall
comply with the maximum reduction in yield requirements as referred to in
Regulation 29 of these Regulations.
(c)
A
Unit Linked policy shall offer one of the following death benefits:
(i)
The
sum assured as agreed in the policy plus the balance in the unit fund;
(ii)
The
sum assured as agreed in the policy or the balance in the unit fund whichever
is higher.
In both the cases, the sum assured shall be
at a minimum consistent with the provision stipulated in Regulation 5 herein.
(d)
The
maturity benefit shall be at least equal to the balance in the unit fund
available in the policyholders' account on the date of maturity.
(e)
The
classification of products shall be as per the IRDAI (Actuarial Report and
Abstract for Life Insurance Business) Regulations, 2016, as applicable.
(f)
The
product filing documents shall clearly mention the following classification:
(i)
Life/Pension/Health.
(ii)
Individual/group.
CHAPTER-III
BENEFITS PAYABLE ON DEATH, BENEFITS PAYABLE UNDER HEALTH COVER AND
GUARANTEES
Regulation - 5. Benefit payable on death and benefits offered under the Health Cover.
(a) From inception of the
policy, all individual Unit Linked insurance products shall offer at least the minimum
sum assured as stipulated in the Table 5.c that becomes payable:
(i)
on
death or
(ii)
to
make benefits payments under the health cover, as applicable.
(b) The table 5.c below
specifies the minimum sum assured under Unit Linked insurance products where:
(i)
AP
is Annualized Premium selected by the policyholder at the inception of the
policy excluding the taxes, rider premiums and underwriting extra premium on
riders, if any.
(ii)
SP
is the Single Premium which is chosen by the policyholder at the inception of
the policy, excluding the taxes, rider premiums and underwriting extra premium
on riders, if any.
(c) The minimum sum
assured shall be at least equal to:
Table 5.c
|
Type of Products
|
Minimum Sum assured
|
|
Life Single Premium (SP) Policy
|
125 percent of single premium
|
|
Life Regular Premium (RP) including
Limited Premium Paying (LPP) Policy
|
7 times the annualized premiums
|
|
Health Regular Premium (RP) including
Limited Premium Paying (LPP) Policy
|
5 times the annualized premium or Rs.
100,000 per annum whichever is higher
|
(d) In respect of pension
products, the minimum sum assured as in Table 5.c is not mandatory.
(e) Other Conditions:
(i)
In
case of Unit Linked insurance products offering death benefit as stipulated in
Regulation 5(c), the sum assured payable on death shall not be reduced (save as
provided in Regulation 37(a)) except to the extent of the partial withdrawals
made during the two-year period immediately preceding the death of the life
assured.
(ii)
No
cover shall be extended after the expiry of the policy term except as mentioned
under Regulation 19 (f).
(iii)
In
case of death due to suicide within 12 months from the date of commencement of
the policy or from the date of revival of the policy, as applicable, the
nominee or the beneficiary of the policyholder shall be entitled to the fund
value, as available on the date of intimation of death.
Further any charges
other than Fund Management Charges (FMC) and guarantee charges recovered
subsequent to the date of death shall be added back to the fund value as
available on the date of intimation of death.
(iv)
In
case of fraud or misstatement or suppression of material fact, the policy shall
be treated in accordance with the provisions of Section 45 of the
Insurance Act, 1938.
(v)
For
policies issued on minor's life, the date of commencement of risk may start
anytime on or upto two years from the date of commencement of the policy or on
the policy anniversary after attainment of majority, whichever is earlier.
(f) At no time the death
benefit under a life insurance product or a benefit assured under a pension
product on death or a health related benefit under a health insurance product
shall be less than 105 percent of the total premiums received upto the date of
death under the base benefit including top-ups premium paid and may exclude
partial withdrawals made during two-year period immediately preceding the death
of the life assured.
Regulation - 6. Guarantees on policy benefits.
(a) Subject to provisions
stipulated in Regulations 5, 20 and 25 under these Regulations, all individual
Unit Linked insurance products shall have either a guaranteed sum assured
payable on death or a guaranteed sum assured to meet the health cover, as
applicable and may have a guaranteed maturity value.
(b) General aspects on
any investment guarantees provided under Unit Linked insurance products:
(i)
Guarantees
provided shall be reasonable, consistent in relation to the current and long
term interest rate scenario and priced appropriately.
(ii)
In
case of Unit Linked insurance products where guarantee charge is levied: If a guarantee
charge is levied for the guarantees offered, the insurer shall submit a
comprehensive documentation on such guarantee charge and demonstrate the
Financial viability in their product filling documents.
CHAPTER-IV
POLICY TERM AND PREMIUM PAYING TERM
Regulation - 7. Minimum Policy Term.
The minimum policy term:
(a)
For
individual Unit linked insurance products shall be at least five years.
(b)
For
group Unit Linked insurance products shall be at least one year. The group
products may be renewed every year.
Regulation - 8. Premium Payment Term.
Irrespective of the policy term, all
individual Unit Linked insurance products, shall have the minimum features as
stated below:
(i)
Except
for single premium payment policy, the premium paying term for all other
individual policies shall not be less than 5 years.
(ii)
Insurers
may design products which offer a range of premium paying terms and policy
terms within a product, subject to (i) above.
(iii) Insurers may extend
an option to the policyholder to alter the premium payment term or policy term
provided that such alteration is in accordance with their Board approved
underwriting policy, subject to (i) above.
CHAPTER-V
COMMISSION, REMUNERATION AND EXPENSES
Regulation - 9.
Commission, Remuneration and Expenses shall
be as per the extant Commission and Remuneration Regulations and Expenses of
Management of Insurers transacting Life Insurance Business Regulations issued
by the Authority from time to time.
CHAPTER-VI
DISCONTINUANCE TERMS
Regulation - 10. Discontinuance of the policy during lock-in period.
(a)
For
other than single premium policies, upon expiry of the grace period, in case of
discontinuance of policy due to non-payment of premium, the fund value after
deducting the applicable discontinuance charges, shall be credited to the discontinued
policy fund and the risk cover and rider cover, if any, shall cease.
(b)
Such
discontinuance charges shall not exceed the charges, stipulated in Regulation
27 (e) under these Regulations. All such discontinued policies shall be
provided a revival period of three years from date of first unpaid premium. On
such discontinuance, Insurer shall communicate the status of the policy, within
three months of the first unpaid premium, to the policyholder and provide the
option to revive the policy within the revival period of three years.
(i)
In
case the policyholder opts to revive but does not revive the policy during the
revival period, the proceeds of the discontinued policy fund shall be paid to
the policyholder at the end of the revival period or lock-in period whichever
is later. In respect of revival period ending after lock-in period, the policy
will remain in discontinuance fund till the end of revival period. The Fund
management charges of discontinued fund will be applicable during this period
and no other charges will be applied.
(ii)
In
case the policyholder does not exercise the option as set out above, the policy
shall continue without any risk cover and rider cover, if any, and the policy
fund shall remain invested in the discontinuance fund. At the end of the
lock-in period, the proceeds of the discontinuance fund shall be paid to the
policyholder and the policy shall terminate.
(iii) However, the
policyholder has an option to surrender the policy anytime and proceeds of the
discontinued policy shall be payable at the end of lock-in period or date of
surrender whichever is later.
(c)
In
case of Single premium policies, the policyholder has an option to surrender
any time during the lock-in period. Upon receipt of request for surrender, the
fund value, after deducting the applicable discontinuance charges, shall be
credited to the discontinued policy fund.
(i)
Such
discontinuance charges shall not exceed the charges stipulated in Regulation 27
(e) under these Regulations.
(ii)
The
policy shall continue to be invested in the discontinued policy fund and the
proceeds from the discontinuance fund shall be paid at the end of lock-in
period. Only fund management charge can be deducted from this fund during this
period. Further, no risk cover shall be available on such policy during the
discontinuance period.
Explanation: "Proceeds of the
discontinued policies" means the fund value as on the date the policy was
discontinued, after addition of interest computed at the interest rate
stipulated in Regulation 13 under these Regulations.
Regulation - 11. Revival of a Discontinued Policy during lock-in Period.
(a)
Where
the policyholder revives the policy, the policy shall be revived restoring the
risk cover, along with the investments made in the segregated funds as chosen
by the policyholder, out of the discontinued fund, less the applicable charges
as in sub-Regulation (b) in accordance with the terms and conditions of the
policy.
(b)
The
insurer, at the time of revival:
(i)
Shall
collect all due and unpaid premiums without charging any interest or fee.
(ii)
May
levy policy administration charge and premium allocation charge as applicable
during the discontinuance period. Guarantee charges, if applicable during the
discontinuance period, may be deducted provided the guarantee continues to be applicable.
No other charges shall be levied.
(iii) Shall add back to the
fund, the discontinuance charges deducted at the time of discontinuance of the
policy.
Regulation - 12. Segregated Discontinued Policy Fund.
(a)
Each
insurer shall have discontinued policy funds, one for all pension products, one
for all life insurance products and one for all health insurance products. Each
of these funds shall comprise of all the discontinued policy funds of all the
policies offered under the respective Unit Linked insurance products. Only fund
management charges shall be applicable on such funds.
(b)
The
discontinued policy fund shall be a segregated unit fund.
(c)
The
fund management charge on discontinued policy fund shall be declared by the
Authority from time to time. Currently, the fund management charge shall not
exceed 50 basis points per annum.
Regulation - 13. Minimum Guaranteed Interest Rate.
(a)
The
minimum guaranteed interest rate applicable to the discontinued fund shall be
declared by the Authority from time to time. The current minimum guaranteed
interest rate applicable to the discontinued fund is 4% per annum.
(b)
The
excess income earned in the discontinued fund over and above the minimum
guaranteed interest rate shall also be apportioned to the discontinued policy
fund in arriving at the proceeds of the discontinued policies and shall not be
made available to the shareholders.
Regulation - 14. Discontinuance of Policy after the lock-in-Period.
(a)
For
other than Single Premium Policies:
(i)
Upon
expiry of the grace period, in case of discontinuance of policy due to
non-payment of premium after lock-in period, the policy shall be converted into
a reduced paid up policy with the paid-up sum assured i.e. original sum assured
multiplied by the total number of premiums paid to the original number of
premiums payable as per the terms and conditions of the policy. The policy
shall continue to be in reduced paid-up status without rider cover, if any. All
charges as per terms and conditions of the policy may be deducted during the
revival period. However, the mortality charges shall be deducted based on the
reduced paid up sum assured only.
(ii)
On
such discontinuance, Insurer shall communicate the status of the policy, within
three months of the first unpaid premium, to the policyholder and provide the
following options:
(1)
To
revive the policy within the revival period of three years, or
(2)
Complete
withdrawal of the policy.
(iii) In case the
policyholder opts for (1) of Regulation 14(a)(ii) under these Regulations above
but does not revive the policy during the revival period, the fund value shall
be paid to the policyholder at the end of the revival period.
(iv) In case the
policyholder does not exercise any option as set out above, the policy shall
continue to be in reduced paid up status. At the end of the revival period the
proceeds of the policy fund shall be paid to the policyholder and the policy
shall terminate.
(v)
However,
the policyholder has an option to surrender the policy anytime and proceeds of
the policy fund shall be payable.
(b)
In
case of Single Premium Policies, the policyholder has an option to surrender
the policy any time. Upon receipt of request for surrender, the fund value as
on date of surrender shall be payable.
Regulation - 15. Revival of a discontinued Policy after lock-in Period.
(a)
The
policyholder can revive the policy, in accordance with sub-regulation (u) of
Regulation 3. Where the policyholder revives the policy, the policy shall be
revived restoring the original risk cover in accordance with the terms and
conditions of the policy.
(b)
The
insurer, at the time of revival:
(i)
shall
collect all due and unpaid premiums under base plan without charging any
interest or fee. The rider may also be revived at the option of the
policyholders.
(ii)
may
levy premium allocation charge as applicable. The guarantee charges may be
deducted, if guarantee continues to be applicable.
(iii) No other charges
shall be levied.
CHAPTER-VII
SURRENDER VALUE, TOP-UP PREMIUM, PARTIAL WITHDRAWALS AND SETTLEMENT OPTIONS
Regulation - 16. Surrender Value.
(a)
Surrender
Value: All individual Unit Linked insurance and pension products shall acquire
surrender value in the following manner:
(i)
Unit
Linked insurance products other than Unit Linked pension products shall acquire
surrender value stipulated in Regulations 10 & 14 under these Regulations.
(ii)
Unit
Linked Pension Products shall acquire surrender value as stipulated in
Regulation 21 under these Regulations.
(b)
Where
a Unit Linked insurance policy acquires a surrender value during the first five
years, it shall become payable only after the completion of the lock-in period.
After the lock-in period, the surrender value shall be at least equal to the
fund value as on the date of surrender.
(c)
The
"Surrender Value" or the "surrender value formula" shall be
published in the policy document and all other promotional materials of the
policy.
Regulation - 17. Top-up Premium.
(a)
Top-up
premiums can be remitted to the insurer during the period of contract only,
where due basic regular premiums are paid up to date and if expressly allowed
in the terms and conditions of the policy.
(b)
All
top-up premiums made during the currency of the contract, except for pension
products, shall have insurance cover treating them as single premium, as per
the table 5.c.
(c)
Top-up
premiums once paid cannot be withdrawn from the fund for a period of 5 years
from the date of payment of the 'Top-up' premium, except in case of complete
surrender of the policy.
(d)
Except
for pension products, top-up premiums are not permitted during the last 5 years
of the contract.
(e)
For
pension products, top-up premiums may be allowed unlimitedly, subject to
providing the assured benefits on each of the top-up premiums paid.
(f)
For
all other products other than pension products, at any point of time during the
currency of the contract, the total top-up premiums paid shall not exceed the
sum total of the regular premiums paid at that point of time or single premium
paid.
Regulation - 18. Partial Withdrawals.
(a)
Partial
withdrawal shall be allowed only after completion of lock-in period.
(b)
In
the case of child policies, partial withdrawals shall not be allowed until the
minor life insured attains majority i.e. on or after attainment of age 18.
(c)
No
partial withdrawal shall be allowed in case of Group Unit Linked insurance
products.
(d)
In
case of Unit Linked pension products, partial withdrawal:
(i)
can
be made only after completion of lock-in period.
(ii)
shall
not exceed 25% of the fund value at the time of partial withdrawal.
(iii) it can happen only
three times during the entire term of the policy.
(iv) it shall be allowed
only against the stipulated reasons:
(1)
Higher
education of children.
(2)
Marriage
of children.
(3)
For
the purchase or construction of residential house.
(4)
For
treatment of critical illnesses of self or spouse.
(e)
Partial
withdrawals made shall be allowed from the fund built up from the top-up
premiums, if any, as long as such fund supports the partial withdrawal and
subsequently, the partial withdrawals may be allowed from the fund built up
from the base premium. The insurer shall have the necessary systems built to
identify the funds from the base premiums and funds from top-up premiums.
(f)
The
partial withdrawals shall not be allowed which would result in termination of a
contract.
(g)
The
partial withdrawals with respect to the fund values from the base premiums
shall only be counted for the purpose of adjusting the sum assured to be
payable on death. Partial withdrawals made from the top-up premiums shall not
be deducted for this purpose.
Regulation - 19. Settlement Options under Unit Linked Insurance Products.
(a)
The
insurer may provide settlement options:
(i)
On
maturity or death under Unit Linked life insurance products and Unit Linked
health insurance products.
(ii)
on
death under Unit Linked pension products.
(b)
Settlement
options shall clearly indicate in the promotional material, the inherent risk
being borne by the policyholder during the period and shall be explicitly
understood by the policyholder.
(c)
The
period of settlement shall not, in any case, be extended beyond a period of
five years from the date of maturity or death whichever is earlier.
(d)
In
case of maturity, the first instalment under settlement option shall be payable
on the date of maturity.
(e)
Switches
may be allowed during the settlement period. Partial withdrawals shall not be
allowed during the settlement period.
(f)
In
case of settlement period after maturity, the risk cover shall be maintained at
105% of the total premiums paid. Accordingly, mortality charges will be
deducted.
(g)
The
insurer may levy fund management charge, switching charge and mortality charges
if any, during the settlement period. The Insurer shall not levy any other
charges.
(h)
Complete
withdrawal may be allowed at any time during the settlement period without
levying any charge.
CHAPTER-VIII
PENSION PRODUCTS
Regulation - 20. General Provisions with respect to Pension Products.
(a)
Pension
products may be offered on any of the following platforms:
(i)
Individual
Unit Linked pension products;
(ii)
Group
Unit Linked pension products;
(b)
Defined
Assured Benefits:
(i)
All
individual pension products shall have explicitly defined assured benefit that
is payable on Death and may have a defined assured benefit payable on Vesting.
(ii)
The
defined assured benefit shall be disclosed at the time of sale.
(iii) The assured benefit
shall be utilized on the vesting date or on date of death as stipulated in
Regulations 22 and 23 under these Regulations, as applicable.
(c)
Pension
products offered by the insurers may offer riders during the deferment period.
However, the rider benefit shall not be counted in arriving at the assured
benefit referred in 20(b) under these Regulations above.
Regulation - 21. Surrender Value and Options on Surrender.
(a)
In
case of surrender after lock-in period the surrender value shall not be less
than the fund value on the date of surrender.
(b)
The
following options shall be available to the policyholder on the date of
surrender:
(i)
To
utilize the entire proceeds to purchase immediate annuity or deferred annuity
from the same insurer at the then prevailing annuity rate subject to the
Regulation 21(b)(iii), the policyholder shall be given an option to purchase
immediate annuity or deferred annuity from any other insurer.
or
(ii)
To
commute up to 60% and utilize the balance amount to purchase immediate annuity
or deferred annuity from the same insurer at the then prevailing annuity rate
subject to the Regulation 21(b)(iii), the policyholder shall be given an option
to purchase available annuity from any other insurer.
(iii) Every policyholder
shall be given an option to purchase immediate annuity or deferred annuity from
another insurer at the then prevailing annuity rate to the extent of
percentage, stipulated by the Authority, currently 50%, of the entire proceeds
of the policy net of commutation.
(iv) For (i) and (ii)
above, the purchase of annuity shall be subject to terms and conditions under
the product. In case the proceeds of the policy either on surrender or vesting
is not sufficient to purchase minimum annuity as defined in Regulation 3(a) of
IRDAI (Minimum Limits for Annuities and Other Benefits) Regulations, 2015, as
amended from time to time, such proceeds of the policy may be paid to the
policyholder or beneficiary as lump sum.
(c)
In
case of surrender or discontinuance during the lock-in period, the options
referred in Regulation 21(b) under these Regulations above shall be available
at the end of the lock-in period.
Regulation - 22. Options on Vesting.
On the date of vesting, options available
under Regulation 21 (b) above shall be available to the policyholder. In
addition, the policyholder will also have the option to extend the accumulation
period or deferment period within the same policy with the same terms and
conditions as the original policy provided the policyholder is below an age of
60 years.
Regulation - 23. Options to the Nominee or Beneficiary on death of the policyholder.
If the policyholder dies during the deferment
period, the nominee or beneficiary shall exercise one of the following options:
(i)
Withdraw
the entire proceeds of the policy. The insurer may provide a settlement option
subject to Regulation 19 under these Regulations above.
or
(ii)
To
utilize the entire proceeds of the policy or part thereof for purchasing an
immediate annuity or deferred annuity at the then prevailing annuity rate from
the same insurer. However, the nominee or beneficiary shall be given an option
to purchase annuity from any other insurer at the then prevailing annuity rate
to the extent of percentage, stipulated by the Authority, currently 50%, of the
entire proceeds of the policy net of commutation.
(iii) The purchase of
annuity shall be subject to terms and conditions of the product.
(iv) In case the proceeds
of the policy are not sufficient to purchase minimum annuity as required by the
Authority from time to time, the proceeds of the policy may be paid as lump
sum.
Regulation - 24. Group Unit Linked Pension Products.
(a)
For
all group Unit Linked pension products with the defined benefits subscribed to
by an employer, where the scheme does not maintain individual member accounts
and only maintains a superannuation fund:
(i)
The
insurer shall make payments from such funds only subject to the availability of
funds in the respective unit fund of the respective group policyholder's
superannuation fund.
(ii)
Except
for exits as per the scheme rules, no other withdrawals shall be allowed.
(b)
For
all group Unit Linked pension products with the defined contributions
subscribed to by an employer, where the scheme maintains individual member
accounts:
(i)
The
insurer shall make payments from such individual member funds only subject to
the availability of funds in the respective unit fund of the respective member
of the group policyholder.
(ii)
Except
for exits as per the scheme rules, no other withdrawals shall be allowed.
(c)
Provisions
stipulated in Regulations 21 and 23 under these Regulations shall not be
applicable to group Unit Linked pension products; however, the benefits shall
be subject to the scheme rules.
(d)
Provisions
stipulated in Regulation 32 (e) under these Regulations shall apply in case of
complete surrender of the policy.
(e)
Where
the group policyholder maintains superannuation funds with more than one insurer,
the group policyholder shall have the option to choose any insurer to purchase
available annuity as per the provisions of Regulation 21 of these Regulations.
Regulation - 25. For the purpose of Pension Products under this Chapter.
(a)
An
assured benefit on death shall be a non-zero positive rate of return on the
premiums paid, excluding applicable taxes if any, from the date of payment to
date of death.
(b)
The
prevailing annuity rate shall mean the annuity rates that are approved by the
Authority.
(c)
Commutation
shall mean giving up of a part or all of the annuity payable from vesting or
surrender for an immediate lump sum.
CHAPTER-IX
CHARGES & REDUCTION IN YIELD FOR ALL UNIT LINKED INSURANCE PRODUCTS
Regulation - 26. Charges.
(a) The life insurers
shall use uniform definitions for charges under all the Unit Linked insurance
products in accordance with these Regulations.
(b) Except for single
premium products, in all other products, the overall charges in all Unit Linked
insurance products shall be distributed in an even fashion during the lock-in
period such that the:
(i)
premium
allocation charge and policy administration charge shall be spread evenly
during first 5 years of the policy contract, without wide fluctuations.
(ii)
charges
could change from year to year in a reasonably orderly manner so that the
difference between the maximum and minimum charges during first 5 years shall
not vary by more than 3 times.
(iii)
charges
during lock-in period shall be so structured such that the cap on net reduction
in yield is achieved without any further additions to fund value at any time
during and at the end of the first five years of the contract. This provision
is applicable to both single premium products and other than single premium
products.
Regulation - 27. The charges levied under the Unit Linked insurance products shall be.
(a) Premium Allocation
Charge: This is a percentage of the premium appropriated towards charges from
the premium received. For Unit Linked insurance products, the balance amount
known as allocation rate constitutes that part of premium which is utilized to
purchase the units of the fund in the policy. The percentage shall be
explicitly stated and could vary by the policy year in which the premium is
paid, the premium size and the premium type (regular, single or top-up
premium).
(i)
This
is a charge levied at the time of receipt of premium.
(ii)
The
maximum premium allocation charge shall be declared by the Authority from time
to time. The current Premium Allocation Charges is capped at 12.5% of
Annualized premium in any year.
(b) Fund Management
Charge (FMC):
(i)
For
Unit Linked insurance products, this is a charge levied as a percentage of the
value of assets and shall be appropriated by adjusting the Net Asset Value.
(ii)
This
is a charge levied at the time of computation of NAV, which is usually done on
daily basis.
(iii)
The
maximum Fund Management Charge shall be declared by the Authority from time to
time. The current cap on fund management charges in respect of each of the
segregated fund is 135 basis points.
(c) Guarantee Charge:
(i)
For
Unit Linked insurance products, this is a charge levied as a percentage of the
value of assets and shall be appropriated by adjusting the Net Asset Value.
(ii)
This
is a charge levied at the time of computation of NAV, which is usually done on
daily basis.
(iii)
The
maximum Guarantee Charge shall be declared by the Authority from time to time.
The current cap on guarantee charges is 50 basis points.
(d) Policy Administration
Charge: This charge shall represent the expenses other than those covered by
premium allocation charges and the fund management charge. This is a charge
which may be expressed as a fixed amount or a percentage of the premium or a
percentage of sum assured.
(i)
For
unit fund, this charge is levied at the beginning of each policy month from the
unit fund by cancelling units for equivalent amount.
(ii)
This
charge could be flat throughout the policy term or vary at a pre-determined
rate, subject to an upper limit as decided by the Authority from time to time.
The current cap is 5% per annum.
(iii)
The
maximum Policy Administration Charge shall be declared by the Authority from
time to time. The current cap on policy Administration charge is Rs. 500 per
month.
(e) Surrender Charge or
Discontinuance charge:
(i)
This
is a charge levied on the unit fund where the policyholder opts for complete
withdrawal of the contract as stipulated in Regulation under these Regulations.
(ii)
This
charge is usually expressed either as a percentage of the fund or as a
percentage of the annualized premiums (for regular premium contracts).
(iii)
No
discontinuance charges shall be imposed on top-up premiums.
(iv)
The
charges levied on the date of discontinuance (as a percentage of Fund Value or
one annualized premium or a percentage of single premium) shall not exceed the
limits as decided by the Authority from time to time. The current limits are
given below:
(1) For annual premiums:
|
Where the policy is discontinued
during the policy year
|
Maximum Discontinuance Charges for
the policies having annualized premium up to Rs. 50,000/-
|
Maximum Discontinuance Charges for
the policies having annualized premium above Rs. 50,000/-
|
|
1
|
Lower of 20% * (AP or FV) subject to
a maximum of Rs. 3000
|
Lower of 6% * (AP or FV) subject to a
maximum of Rs. 6000
|
|
2
|
Lower of 15% * (AP or FV) subject to
a maximum of Rs. 2000
|
Lower of 4% * (AP or FV) subject to a
maximum of Rs. 5000
|
|
3
|
Lower of 10% * (AP or FV) subject to
a maximum of Rs. 1500
|
Lower of 3% * (AP or FV) subject to a
maximum of Rs. 4000
|
|
4
|
Lower of 5% * (AP or FV) subject to a
maximum of Rs. 1000
|
Lower of 2% * (AP or FV) subject
maximum of Rs. 2000
|
|
5 and onwards
|
Nil
|
Nil
|
(2) For Single premium
policies:
|
Where the policy is discontinued
during the policy year
|
Maximum Discontinuance Charges for
the policies having Single Premium up to Rs. 3,00,000/-
|
Maximum Discontinuance Charges for
the policies having Single Premium above Rs. 3,00,000/-
|
|
1
|
Lower of 2% *(SP or FV) subject to a
maximum of Rs. 3000/-
|
Lower of 1% *(SP or FV) subject to a
maximum of Rs. 6000/-
|
|
2
|
Lower of 1.5% *(SP or FV) subject to
a maximum of Rs. 2000/-
|
Lower of 0.70% *(SP or FV) subject to
a maximum of Rs. 5000/-
|
|
3
|
Lower of 1% *(SP or FV) subject to a
maximum of Rs. 1500/-
|
Lower of 0.50%* (SP or FV) subject to
a maximum of Rs. 4000/-
|
|
4
|
Lower of 0.5% *(SP or FV) subject to
a maximum of Rs. 1000/-
|
Lower of 0.35% *(SP or FV) subject to
a maximum of Rs. 2000/-
|
|
5 and onwards
|
Nil
|
Nil
|
AP-Annualized Premium
SP-Single Premium
FV-Fund Value
(f) Switching Charge:
This is a charge levied on switching of monies from one segregated fund to
another available within the product. The charge per each switch, if any, shall
be levied at the time of executing the switch. The maximum Switching Charge
shall be declared by the Authority from time to time. The current cap per
switch is Rs. 500.
(g) Mortality or Morbidity
Charge: This is the cost of life or health insurance cover. It is exclusive of
any expense loadings levied by cancellation of units. This charge, if any,
shall be levied at the beginning of each policy month from the fund.
(i)
The
method of computation shall be explicitly stated in the policy document. The
mortality or morbidity charge table shall form part of the policy document.
(ii)
Mortality
charge table shall be guaranteed during the contract period and morbidity
charges may be reviewed during the term of the policy, as per the IRDAI (Health
Insurance) Regulations, 2016 or any other circular or guidelines which may be
issued by the Authority from time to time.
(iii)
The
mortality or morbidity charge for the mortality or morbidity risk covered shall:
(1) only reflect the pure
risk charges for the cover offered and shall not include any allowance for
expenses or any other parameters.
(2) be reasonable and
consistent with the prescribed mortality tables or morbidity tables, if any.
(3) be demonstrated with
the support of insurer's own experience, wherever applicable.
(4) be expressed as per
Rs. 1000 Sum at risk for each age.
(h) Rider charge or Rider
Premium:
(i)
Within
a product, cost of rider cover can be levied through rider charge or level
rider premium, but not both. This should be explicitly mentioned in policy
document & other filing documents.
(ii)
Riders
as approved by the Authority can be attached to the Unit Linked insurance
products provided:
(1) the rider premium
does not contain any expense loading and
(2) the premium payment
term and policy term of the riders are consistent with premium payment term and
policy term of the base Unit Linked insurance product.
(3) The level rider
premium shall be levied in addition to the base premium.
(iii)
In
case the rider cost is levied through charge, such charges shall be exclusive
of expense loadings and levied separately to cover the cost of rider benefit.
The rider charge, if any, shall be levied by cancellation of units. This charge
is levied at the beginning of each policy month from the fund. The rider charge
table shall form part of the policy document. The rider charge shall be
expressed as per Rs. 1000 Sum Assured for each age.
(i) Partial withdrawal
charge: This is a charge levied on the unit fund at the time of part withdrawal
of the fund during the contract period. The maximum Partial withdrawal charge
shall be declared by the Authority from time to time. The current cap on
partial withdrawal charge is Rs. 500 per transaction.
(j) Miscellaneous charge:
(i)
This
is a charge levied for any alterations within the contract, such as, increase
in sum assured, premium redirection, change in policy term etc. The charge is
expressed as a flat amount. This shall be levied by cancellation of units.
(ii)
This
charge is levied only at the time of alteration. The maximum Miscellaneous
charge shall be declared by the Authority from time to time. The current cap on
alteration charges is Rs. 500 per alteration.
Regulation - 28. Other conditions on Charges.
(a) The charges as
approved by the Authority shall not be modified or changed without obtaining
the prior approval of the Authority.
(b) All the charges,
where upper limit is allowed, may be modified with supporting data within the
upper limits with prior clearance from the Authority.
(c) The systems and
processes for deduction of charges shall be reviewed once in a financial year
as per the procedure decided by the Authority from time to time. A certificate
in this respect shall be appended to the annual Actuarial Report and Abstract.
Regulation - 29. Difference between Gross Yield and Net Yield for all Unit Linked insurance products.
(a) While filing the
product, the insurer shall demonstrate that, the maximum reduction in yield for
policies for each year starting from end of the fifth policy year until end of
the policy term shall be in accordance with the Table 29 a.
Table: 29 a.
|
Number of years completed
since inception
|
Maximum Reduction in Yield
(Difference between Gross and Net Yield (% p.a.))
|
|
5
|
4.00%
|
|
6
|
3.75%
|
|
7
|
3.50%
|
|
8
|
3.30%
|
|
9
|
3.15%
|
|
10
|
3.00%
|
|
11 and 12
|
2.75%
|
|
13 and 14
|
2.50%
|
|
15 and thereafter
|
2.25%
|
(b) For the purpose of
demonstration of maximum reduction in yield as stipulated in Table 29(a) above,
the insurer shall demonstrate in the filing documents the compliance to
reduction in yield for gross investment returns as required by the Authority
from time to time for all representative model points. Currently, the gross
investment return for the purpose of such demonstration is 6% p.a., 8% p.a. and
10% p.a.
Regulation - 30. Computation of Net Yield for demonstration in product filing documents.
(a) Mortality and
Morbidity charges may be excluded in the calculation of the net yield.
(b) Extra premium due to
underwriting emanating from extraordinary health conditions, cost of all rider
benefits, tax on charges (as applicable) and any explicit cost of investment
guarantee shall be excluded in the calculation of net yield. The calculation of
all charges shall be as per product filing document.
(c) The net yield shall
be calculated based on the projection of end fund on monthly basis at a
stipulated gross rate of return assuming the mortality and morbidity charges as
zero throughout the term of the contract and premiums are paid as and when due.
The equation of value concerning the gross premium paid by the policyholder and
the fund value at the end of the policy year of demonstration shall give the
effective net yield per annum expected to be earned on the contract at the
point of sale.
(d) As the policyholders'
behaviour with regard to options under Unit Linked insurance products, for
example, partial withdrawals, premium redirection, switches, settlement
options, top up premium etc. affect the net yield; such options may be ignored
throughout the term of the contract of demonstrating the net yield.
Regulation - 31. Customized Benefit Illustration.
(a) At the point of sale,
a benefit illustration shall be shown as per the gross investment returns as
stipulated by the Authority from time to time. Currently the gross investment
returns are stipulated as 4% p.a. and 8% p.a. The corresponding net yield shall
be demonstrated only with respect to gross investment return as stipulated by
the Authority. Currently such rate is 8% p.a.
(b) In case of pension
products, a yearly statement shall be sent to each policyholder indicating:
(i)
the
current accumulated value or available amount.
(ii)
the
expected accumulated value on date of vesting on the basis of gross investment
returns as stipulated by the Authority from time to time with the caveat, that
the projected rate shall not reflect any guarantee. Currently the gross
investment returns are 4% p.a. and 8% p.a.
(iii)
likely
annuity amount based on the then prevailing annuity rates with the caveat that
the projected rates shall not reflect any guarantee.
(c) The customized
benefit illustration shall include all charges and taxes as applicable, and
fund values including commission or remuneration payable.
(d) The net yield and
hence reduction in net yield as calculated, shall be disclosed in the benefit
illustration indicating gross yield figures.
(e) The benefit
illustration shall be in the format as may be required by the Authority.
CHAPTER-X GROUP UNIT LINKED INSURANCE PRODUCTS
Regulation - 32. Group Unit Linked insurance products.
(a)
Group
Unit Linked products are the Unit Linked insurance products offered under a
group platform.
(b)
Provisions
stipulated in Regulations 5, 10 to 19 shall not be applicable to group Unit
Linked insurance products. However, the group Unit Linked policies under group
gratuity and group leave encashment may have life cover depending on the needs
of the group.
(c)
The
contributions or premiums to group schemes by the master policyholder shall be
made in accordance with the funding requirements as per the scheme rules. The
trustee or employer shall confirm that such funding is required as per the
Actuary's certificate based on extant accounting standard governing the
measurement of long term employee benefits. The master policyholder may not pay
future contributions or premiums under the policy and the policy shall not be
treated as discontinued. However, the premium to provide life coverage to
members shall either be paid explicitly or deducted from the fund.
(d)
The
group Unit Linked insurance products shall not allow any top-ups, unless
required as per the actuary's certificate in accordance with the extant
accounting norms, to address the underfunding of the scheme.
(e)
The
group Unit Linked insurance products may levy a surrender charge not exceeding
0.05 per cent of the fund, with a maximum cap as decided by the Authority from
time to time if the policy is surrendered within the third renewal of the
policy. The current cap is Rs. 500,000/-.
(f)
Group
Unit Linked insurance products may offer life insurance cover.
(g)
Provisions
stipulated in Regulations 26, 27, 28 and 29 under these Regulations shall be
applicable to group Unit Linked insurance products:
(i)
At
each individual account level, if individual accounts are maintained.
(ii)
At
each policyholder fund level, if individual accounts are not maintained and
only one fund is maintained.
CHAPTER-XI COMPUTATION OF NET ASSET VALUE (NAV) FOR UNIT LINKED
INSURANCE PRODUCTS
Regulation - 33. Computation of NAV.
(a)
The
NAV of the Segregated FUND [SFIN] shall be computed as:
(b)
The
NAV computed as above, in respect of 'each' Segregated Fund, shall be audited
by the Concurrent Auditor on a day-to-day basis.
(c)
The
NAV calculated as above, in respect of 'each' Segregated fund, shall be
declared daily on the Insurer's Website and at the Life Insurance Council's
website, as and when the same is ready.
Note:
(i)
Value
of Current Assets represents Accrued interest, Dividend Receivable, Bank
Balance, Receivable for Sale of Investments and Other Current Assets (for
Investments).
(ii)
Value
of current liabilities represents Payable for Investments.
(iii) Number of units
derived from the investment accounting system shall be reconciled on a day to
day basis with the policy administration system.
(iv) Provisions shall
include expenses for brokerage and transaction cost, NPA, Fund Management
Charges (FMC) and any other charges approved by the Authority.
Regulation - 34. Segregated funds.
(a)
Each
Segregated Fund shall have:
(i)
A
'single' NAV, declared on a day-to-day basis and
(ii)
Fund
management charge, if any, shall be specific to each segregated fund.
(b)
Each
segregated fund shall have identified assets representing the investments of
such segregated funds.
(c)
The
Internal or Concurrent Auditor shall certify that such segregation had not
resulted in enrichment of one set of policyholders from others due to change in
the units or the NAV.
(d)
The
implication, to the policyholder of such change, if any, shall be put on the
insurer's website along with the rationale of making such change.
(e)
The
Concurrent Auditor shall confirm the Insurer's adherence to this requirement.
Regulation - 35. Asset Allocation under each fund.
(a)
The
asset allocation range for each asset category (debt, equity and money market)
shall be separate and explicitly stated.
(b)
Within
a fund, no asset category shall have the asset allocation of
"0%-100%", if more than one asset category is represented in the
fund.
(c)
The
asset allocation range shall reflect the investment objectives of the
underlying fund.
CHAPTER-XII ADMINISTRATION OF UNIT LINKED INSURANCE PRODUCTS
Regulation - 36.
No insurer shall launch any product unless
the Board or its delegated risk committee certifies to the Authority that
"all the system requirements on an ongoing basis for the
product............. (product name) to be launched are established and the
systems enable the insurer from day of launch of the product, to perform
seamlessly all the day-to-day operations, computation of NAV on a daily basis
and enables to submit all the necessary reports and returns as required under
the Act, the IRDA Act, Rules or Regulations framed thereunder from time to
time". The certificate shall be submitted to the Authority before the
launch of the product.
CHAPTER-XIII MISCELLANEOUS PROVISIONS
Regulation - 37. Level Premiums.
(a)
Except
for group products, the premium chosen at the outset shall become payable
throughout the premium paying term of the policy. Such premium shall be level
or uniform and shall not vary over the term of the policy, provided after
payment of premiums for first five completed policy years the policyholder may
be given an option to decrease the premium up to 50% of the original Annualized
Premium, subject to the minimum premium limits under the product of the
insurer. Once reduced, the premium cannot be subsequently increased. Benefits
may be revised subject to the minimum death benefit as stipulated under
Regulation 5 of these Regulations. Sustainability of the policy due to
reduction of premiums shall be demonstrated under product filing procedure.
(b)
Any
additional payments made on ad hoc basis shall be considered as top-up premium
and treated as single premium for the purpose of providing insurance cover.
Regulation - 38. Misleading names.
Misleading and misrepresenting the benefits
through the name of the products or name of the benefits shall not be allowed.
Regulation - 39. Allotment of Units under Unit Linked insurance products.
(a)
Units
shall only be allocated on the day the proposal is accepted and results into a
policy by adjustment of application money towards premium.
(b)
The
premium shall be adjusted on the due date even if it has been received in
advance.
Regulation - 40. Series or Tranche of Funds under Unit Linked insurance products.
(a)
Products
with "highest NAV guaranteed" shall not be allowed.
(b)
Any
guarantee offered in the benefits under a Unit Linked insurance product shall
be at the product level and shall not be related to any of the underlying
funds.
(c)
The
opening of series of closed ended funds shall not be allowed within a product.
Regulation - 41. Loans.
(a)
Loans
shall not be allowed under the Unit Linked Insurance Products.
(b)
The
promotion material shall display prominently in a bold font in the front page
that "the Unit Linked Insurance Products do not offer any liquidity during
the first five years of the contract. The policyholder will not be able to
surrender or withdraw the monies invested in Unit Linked Insurance Products completely
or partially till the end of the fifth year".
Regulation - 42. Market Value adjustment.
Market value adjustment shall not be allowed
under Unit Linked insurance products as the payment to the policyholder is
determined by the fund value which is market value of the assets.
Regulation - 43. Renewal Premium in advance.
(i)
Collection
of renewal premium in advance shall be allowed within the same financial year
for the premium due in that financial year. Provided, the premium due in one
financial year may be collected in advance in earlier financial year for a
maximum period of three months in advance of the due date of the premium.
(ii)
The
renewal premium so collected in advance shall only be adjusted on the due date
of the premium.
(iii) The commission shall
only be paid after adjustment of premium on due date.
Regulation - 44. Unit Linked Health Insurance Products.
All the health insurance products under Unit
Linked platform shall comply with the extant Regulations, guidelines and
circulars applicable for Unit Linked insurance products.
Regulation - 45. Approval of Innovative products.
(a)
Innovative
products can be defined as the products which are uncommon in the market.
(b)
The
innovativeness in product design shall result in meeting customer needs, better
customer understanding and satisfaction and shall not result in complexity of
understanding the product, additional strain on the company's infrastructure,
which may result in increased cost to the customer.
(c)
The
insurer shall submit to the Authority, the product design concept of the
proposed innovative product and other details along with justification.
Regulation - 46. Financial Viability of the Products.
All the products once approved shall be
reviewed by the Appointed Actuary at least once a year taking into account the
reasonable expectation of all stakeholders including policyholders to ensure
that they are financially viable. A confirmation in this respect shall be
appended to the annual Actuarial Report and Abstract. If any product is found
to be financially unviable, the Appointed Actuary shall revise that product as
per the extant product filing procedure.
Regulation - 47. Disclosure Norms.
(a)
For
all Unit Linked insurance products, all Life Insurers shall necessarily and
explicitly mention, using the same font size, in all the sales brochures,
prospectus of Insurance products, in all promotional material and in policy
documents:
(i)
On
top of each document including the proposal form mention, "In this policy,
the investment risk in investment portfolio is borne by the policyholder".
(ii)
The
various funds offered along with the details and objective of the fund.
(iii) The minimum and
maximum percentage of the Investments in different types (like equities, debt
etc.), investment strategy so as to enable the policyholder to make an informed
investment decision. "No statement of opinion as to the performance of the
fund shall be made anywhere."
(iv) The definition of all
applicable charges, method of appropriation of these charges and the quantum of
charges that are levied under the terms and conditions of the policy.
(v)
The
maximum limit up to which the insurer reserves the right to increase the
charges subject to prior clearance of the Authority.
(vi) The fundamental
attributes and the risk profile (low, medium or high) of different types of
investments that are offered under various funds of each Unit Linked insurance
product.
(b)
For
all Unit Linked insurance products, the insurer shall ensure the following
latest information to be available on its website and shall be;
(i)
Annual
report covering the fund performance during the preceding financial year in
relation to the economic scenario, market developments etc.
(ii)
The
investment strategies and risk control measures adopted.
(iii) The changes in
fundamentals, such as interest rates, tax rates, etc., affecting the investment
portfolio.
(iv) The composition of
the fund (debt, equity and money market.), analysis within various classes of
investment, investment portfolio details, sectoral exposure of the underlying
funds and the ratings of investments made.
(v)
Analysis
according to the duration of the investments held.
(vi) Performance of the
various funds over different periods like 1 year, 2 years, 3 years, 4 years, 5
years and since inception along with comparative benchmark index.
(c)
All
the Life Insurers shall issue the periodical statements of accounts to
policyholders each year disclosing the actual charges levied and the fund value
at the beginning and end of the year.
(i)
Unit
statement account shall form a part of the policy document.
(ii)
Unit
statement account shall make a reference to the terms and conditions applicable
under the respective policy document.
(iii) Unit statement
account shall be issued on every policy anniversary and also as and when a
transaction takes place.
(d)
No
unit statements value shall be sent to the policyholder in respect of
transactions related to monthly debit of mortality and other charges stated in
the contract.
(e)
All
the insurers shall submit the disclosures relating to discontinued policies as
stipulated below:
(i)
The
funds arising from discontinuance policies shall be shown under a separate head
in the Balance Sheet in the following manner:
(1)
Funds
for discontinued policies;
(a)
Discontinued
on account of non-payment of premium;
(b)
Others
(2)
The
amount refunded to the policyholders and amount transferred to the "Funds
for discontinued policies" during the financial year shall be shown under
a separate head.
(ii)
The
following disclosures shall be made in the notes of the accounts:
(1)
Number
of policies discontinued during the financial year.
(2)
Percentage
of discontinued to total policies (product wise) during the year.
(3)
Number
and percentage of the policies revived during the year.
(4)
Charges
imposed on account of discontinued policies.
CHAPTER-XIV ALLOCATION AND REDEMPTION OF UNITS
Regulation - 48.
Processing of application for payment of
premiums and application for redemptions in case of surrender, maturity claim,
switch etc., shall be in accordance with the IRDAI (Investment) Regulations,
2016 as amended from time to time.
CHAPTER-XV PROCEDURE FOR IMPLEMENTATION AND OTHER PROVISIONS
Regulation - 49.
The insurers shall follow the following
procedure for implementation of these Regulations:
(a)
All
existing products not complying with these Regulations can continue to be open
to new business for a period stipulated by the Authority.
(b)
All
existing products complying with these Regulations can continue to be open to
new business.
(c)
All
new products filed with the Authority after date of notification of these
Regulations, shall comply with these Regulations.
(d)
Existing
products need to be withdrawn or modified to comply with these Regulations
during the transition period.
(e)
The
Authority may issue guidelines or circulars with regard to procedure for
modification of existing products to comply with these Regulations.
(f)
Where
any product or feature of a product is cleared by the IRDAI, such clearances
for the same kind of product or feature shall not be denied to any other
insurer. However, the Authority reserves the right to require insurers to
withdraw a product or a feature of the product if such product feature is found
not to be consistent with policyholder interests.
Regulation - 50. Action in case of Default.
(a)
The
Authority may, at any time, by an order in writing, direct any officer of the
Authority to inspect the affairs of any insurer and submit a report on the
reasonableness or otherwise of the compliance with the any of these
Regulations.
(b)
Upon
receipt of the report, the Authority shall, after giving an opportunity to the
insurer to make a representation in connection with the findings in the report,
direct the insurer appropriately.
(c)
Without
prejudice to the above, the Authority may also initiate such action against the
said insurer, as deemed appropriate, under the provisions of the Act, the
Insurance Regulatory and Development Authority Act, 1999 and the relevant
Regulations framed thereunder.
Regulation - 51. Power to issue clarifications.
(a)
In
order to remove any difficulties in respect of the application or
interpretation of any of the provisions of these Regulations, the Chairperson
may issue appropriate circulars, clarifications or guidelines, as and when
required.
(b)
The
Chairperson may also issue circulars or guidelines relating to the Regulation
of Unit Linked insurance products including, but not limited to, their
administration, market conduct and disclosure norms, etc., as may be required.
Regulation - 52. Repeal and Savings.
(a)
The
IRDA (Linked Insurance Products) Regulations, 2013 shall be repealed from the
date these Regulations come into force.
(b)
Unless
otherwise provided by these Regulations, nothing in these Regulations shall
deem to invalidate the contracts entered prior to these Regulations coming into
force.