Connecticut General Statutes
Chapter 700b - Life Insurance, Annuities, Burial Contracts and Life Settlements
Section 38a-458. - Life insurance policies and annuities providing long-term care benefits. Regulations.

(a) Provided such company is licensed for both life and health insurance in this state, any life insurance company doing business in this state may issue life insurance policies or certificates, or riders or endorsements thereto, that provide, within the terms and conditions of the policy or certificate, long-term care benefits as described in section 38a-501 or 38a-528, except as specified in subsection (c) of this section. The Insurance Commissioner may adopt regulations, in accordance with chapter 54, to implement the provisions of this section.

(b) Provided such company is licensed for both life and health insurance in this state, any life insurance company doing business in this state may issue annuity contracts or certificates, or riders or endorsements thereto, that provide, within the terms and conditions of the contract or certificate, long-term care benefits as described in section 38a-501 or 38a-528, except as specified in subsection (c) of this section, and that waive the surrender charges under such contract or accelerate a specified portion of the annuity value of such contract.
(c) Long-term care benefits provided pursuant to subsection (a) or (b) of this section shall not be subject to the requirements of subsection (b) of section 38a-501 or subsection (b) of section 38a-528.
(d) No insurance producer shall sell any such policy, certificate, rider or endorsement unless the producer is licensed to sell both life and health insurance in this state.
(e) A life insurance policy or annuity contract with long-term care benefits issued pursuant to this section may include a rider that provides long-term care benefits that become payable upon exhaustion of a specified amount of the death benefit under the life insurance policy or a specified amount of the annuity value of the annuity contract. Any elimination period limitations shall apply only to the acceleration phase of the life insurance policy or annuity contract to which the rider is attached. Such rider shall not contain an additional elimination period and may calculate the waiver of premium from the time benefits are payable under such rider.
(P.A. 89-236, S. 2, 3; P.A. 92-60, S. 19; P.A. 00-34, S. 1; P.A. 01-113, S. 30, 42; P.A. 04-174, S. 4; P.A. 13-280, S. 1.)
History: P.A. 92-60 made technical corrections for statutory consistency; P.A. 00-34 made technical changes in Subsecs. (a) and (c), and added Subsec. (d) re optional rider that may be added to life insurance policy with long-term care benefits that provides such benefits that become payable upon exhaustion of benefits under the life insurance policy, and that elimination period limitations shall apply only to the life insurance policy to which the rider is attached, and that such rider contain no additional elimination period and may calculate the waiver of premium from time benefits are payable under the rider; P.A. 01-113 amended Subsec. (c) to substitute “producer” for “agent”, effective September 1, 2002; P.A. 04-174 amended Subsec. (b) to insert reference to “subsection (a)” (Revisor's note: In 2005, a reference to “agent” in Subsec. (c) in said public act was changed editorially to “producer” to conform with P.A. 01-113 as published in the 2003 general statutes); P.A. 13-280 amended Subsec. (a) to add reference to Sec. 38a-528 and delete provision re approval prior to regulations, added new Subsec. (b) authorizing issuance of annuity contracts or certificates with long-term care benefits, redesignated existing Subsecs. (b), (c) and (d) as Subsecs. (c), (d) and (e), and made technical and conforming changes.

Structure Connecticut General Statutes

Connecticut General Statutes

Title 38a - Insurance

Chapter 700b - Life Insurance, Annuities, Burial Contracts and Life Settlements

Section 38a-430. (Formerly Sec. 38-135a). - Approval of form of life insurance and annuity policies and contracts. War or military service coverage exclusion prohibited. Optional health insurance riders.

Section 38a-431. (Formerly Sec. 38-153). - Group insurance.

Section 38a-432. (Formerly Sec. 38-154). - Annuities.

Section 38a-432a. - Regulations concerning consumer annuity transactions.

Section 38a-432b. - Regulations concerning solicitation and sale of life insurance and annuities to senior citizens. Disciplinary action.

Section 38a-433. (Formerly Sec. 38-154a). - Life insurance or annuities payable in fixed or variable amounts. Accumulation of funds pursuant to funding agreements.

Section 38a-434. (Formerly Sec. 38-155). - Insurance against accident and disease.

Section 38a-435. (Formerly Sec. 38-147a). - Regulations re replacement of or borrowing on life insurance products, policies or contracts.

Section 38a-436. (Formerly Sec. 38-157a). - Notice of voidability of individual insurance contracts. Procedure. Time limit.

Section 38a-436a. - Designation of third party to receive cancellation notices of individual life insurance policies.

Section 38a-437. (Formerly Sec. 38-158). - Copy of application to be furnished.

Section 38a-438. (Formerly Sec. 38-130b). - Short title: Standard Nonforfeiture Law.

Section 38a-439. (Formerly Sec. 38-130c). - Minimum nonforfeiture benefits for life insurance policyholders who default in premium payments. Cash surrender value.

Section 38a-440. (Formerly Sec. 38-130d). - Minimum nonforfeiture benefits for annuity contract holders upon cessation of payment of considerations under a contract.

Section 38a-441. (Formerly Sec. 38-159c). - Notice to insured when life insurance policy paid up.

Section 38a-442. (Formerly Sec. 38-156). - Dating back of policies prohibited.

Section 38a-443. (Formerly Sec. 38-147). - Premium notes.

Section 38a-444. (Formerly Sec. 38-147b). - Life insurance policy loans. Interest rate allowable.

Section 38a-445. (Formerly Sec. 38-160). - Deferring the granting of loans and surrender values.

Section 38a-446. (Formerly Sec. 38-149). - Discrimination in favor of individuals prohibited.

Section 38a-447. (Formerly Sec. 38-150). - Discrimination against persons on the basis of race, sexual orientation, gender identity, status as a victim of domestic violence or erased criminal history record information prohibited.

Section 38a-447a. - Exclusion of coverage on the basis of naloxone prescription prohibited.

Section 38a-448 and 38a-449. (Formerly Secs. 38-151 and 38-152). - Affidavit of examining physician.

Section 38a-450. (Formerly Sec. 38-159). - Certain corporations and associations may be made beneficiaries.

Section 38a-451. (Formerly Sec. 38-159a). - Trustee as beneficiary of policy.

Section 38a-452. (Formerly Sec. 38-159b). - Payment of interest on life insurance death benefits.

Section 38a-453. (Formerly Sec. 38-161). - Rights of creditors of insured against beneficiary.

Section 38a-454. (Formerly Sec. 38-162). - Proceeds of insurance policies and annuities may be held in trust.

Section 38a-455. - Assignment of incidents of ownership under group life policy.

Section 38a-456. - Notice of cancellation or discontinuation of group life insurance coverage. Penalty.

Section 38a-457. - Accelerated benefits of life insurance policies.

Section 38a-458. - Life insurance policies and annuities providing long-term care benefits. Regulations.

Section 38a-458a. - Option for certain insurers to combine long-term care coverage with certain life, endowment or annuity coverages.

Section 38a-459. (Formerly Sec. 38-33a). - Funding agreements by domestic life insurance companies. Establishment of companies' obligations. Segregation of moneys.

Section 38a-460. - Accumulation fund arrangements. Definition.

Section 38a-447. (Formerly Sec. 38-150). *(See end of section for - Discrimination against persons on the basis of race, sexual orientation, gender identity, or status as a victim of domestic violence prohibited.

Section 38a-464. (Formerly Sec. 38-32). - Burial contracts; license from Insurance Commissioner.

Section 38a-465. - Definitions.

Section 38a-465a. - Licensing of life settlement providers and brokers.

Section 38a-465b. - Denial, suspension or revocation of license. Refusal to renew license. Appeals.

Section 38a-465c. - Contract form and disclosure statements. Filing and approval requirements. Disclosure of life settlement contract availability and lawful assignment not to be prohibited.

Section 38a-465d. - Annual statements. Penalty. Confidentiality of insured's information. Reasons for disclosure of insured's identity.

Section 38a-465e. - Examination of licensees and applicants. Commissioner's access to records. Retention of records. Expenses of examination. Confidentiality of examination workpapers and reports.

Section 38a-465f. - Required disclosures.

Section 38a-465g. - Prerequisites to a life settlement contract wherein insured is terminally or chronically ill. Medical release and confidentiality of medical information. Verification of coverage. Notice to insurer. Change of ownership or benefici...

Section 38a-465h. - Premium finance loans. Disclosures and certifications.

Section 38a-465i. - Violations.

Section 38a-465j. - Fraudulent life settlement acts prohibited. Confidentiality of documents and evidence. Antifraud plans.

Section 38a-465k. - Injunctions. Cease and desist orders. Damages.

Section 38a-465l. - Penalties.

Section 38a-465m. - Regulations. Imposition of bond or other mechanism as proof of financial accountability. Conflict of laws.

Section 38a-465n. - Life settlement advertisements.

Section 38a-465o. - Life settlement broker deemed to represent only the owner. Fiduciary duty to owner.

Section 38a-465p. - Provider or broker lawfully transacting business in the state or person lawfully negotiating life settlement contracts prior to October 1, 2008.

Section 38a-465q. - Related provider trusts.