Sec. 5. If an annuity contract provides cash surrender benefits, the amount of these benefits available prior to maturity shall not be less than the present value as of the date of surrender of that portion of the maturity value of the paid-up annuity benefit which would be provided under the contract at maturity arising from considerations paid prior to the time of cash surrender reduced by the amount appropriate to reflect any prior withdrawals from or partial surrenders of the contract, such present value being calculated on the basis of an interest rate not more than one percent (1%) higher than the interest rate specified in the contract for accumulating the net considerations to determine such maturity value, decreased by the amount of any indebtedness to the company on the contract, including interest due and accrued, and increased by any existing additional amounts credited by the company to the contract. In no event shall any cash surrender benefit be less than the minimum nonforfeiture amount at that time. The death benefit under such an annuity contract shall be at least equal to the cash surrender benefit.
As added by Acts 1977, P.L.286, SEC.1.
Structure Indiana Code
Article 1. Department of Insurance
Chapter 12.5. Nonforfeiture Provisions of Annuity Contracts
27-1-12.5-0.1. Application of Certain Amendments to Chapter
27-1-12.5-1. "Annuity Contract" Defined
27-1-12.5-2. Provisions of Contract
27-1-12.5-3. Minimum Nonforfeiture Amounts
27-1-12.5-5. Cash Surrender Benefits
27-1-12.5-7. Maturity Date Determination
27-1-12.5-8. Statement of Benefits Not Provided
27-1-12.5-9. Allowance for Lapse of Time and Payment of Scheduled Considerations