Section 26-A5299. DEFINITIONS

5299.1When used in this chapter, the following words and phrases shall have the meaning ascribed:

“Active Duty” – full-time duty in the active military service of the United States and includes members of the reserve component (National Guard and Reserve) while serving under published orders for active duty or full-time training.  The term does not include members of the reserve component who are performing active duty or active duty for training under military calls or orders specifying periods of less than 31 calendar days.

“Department of Defense (DoD) Personnel” – all active duty service members and all civilian employees, including nonappropriated fund employees and special government employees, of the Department of Defense.

“Door to Door” – a solicitation or sales method whereby an insurance producer proceeds randomly or selectively from household to household without prior specific appointment.

“General Advertisement” – an advertisement having as its sole purpose the promotion of the reader’s or viewer’s interest in the concept of insurance, or the promotion of the insurer or the insurance producer.

“Insurer” – an insurance company required to be licensed under the laws of this state to provide life insurance products, including annuities.

“Insurance producer” – a person required to be licensed under the laws of this state to sell, solicit or negotiate life insurance, including annuities.

“Known” or “Knowingly” – depending on its use herein, the insurance producer or insurer had actual awareness, or in the exercise of ordinary care should have known, at the time of the act or practice complained of, that the person solicited:

(a) is a service member; or

(b) is a service member with a pay grade of E-4 or below

“Life Insurance” – insurance coverage on human lives including benefits of endowment and annuities, and may include benefits in the event of death or dismemberment by accident and benefits for disability income and unless otherwise specifically excluded, includes individually issued annuities.

“Military Installation” – any federally owned, leased, or operated base, reservation, post, camp, building, or other facility to which service members are assigned for duty, including barracks, transient housing, and family quarters.

“My Pay” – a Defense Finance and Accounting Service (DFAS) web-based system that enables service members to process certain discretionary pay transactions or provide updates to personal information data elements without using paper forms.

“Service Member” – any active duty officer (commissioned and warrant) or enlisted member of the United States Armed Forces.

“Side Fund” – a fund or reserve that is part of or otherwise attached to a life insurance policy (excluding individually issued annuities) by rider, endorsement or other mechanism which accumulates premium or deposits with interest or by other means.  The term does not include;

(a) accumulated value or cash value or secondary guarantees provided by a universal life policy;

(b) cash values provided by a whole life policy which are subject to standard nonforfeiture law for life insurance; or

(c) a premium deposit fund which:

(1) contains only premiums paid in advance which accumulate at interest;

(2) impose no penalty for withdrawal;

(3) does not permit funding beyond future required premiums;

(4) is not marketed or intended as an investment; and

(5) does not carry a commission, either paid or calculated.

“Specific Appointment” – a prearranged appointment agreed upon by both parties and definite as to place and time.

“United States Armed Forces” – all components of the Army, Navy, Air Force, Marine Corps, Coast Guard

authority

The Commissioner of the Department of the Department of Insurance, Securities and Banking, pursuant to the authority set forth under sections 102(9), 103(1), and 125 of the Insurance Trade and Economic Development Amendment Act of 2000, effective April 3, 2001 (D.C. Law 13-265; D.C. Official Code §§ 31-2231.01(9), 31-2231.03(1), and 31-2231.25 (2001) and in accordance with section 6 of the District of Columbia Administrative Procedure Act, effective October 21, 1968 (82 Stat. 1206, Pub. L. 90-614, D.C. Official Code § 2-505(a)(2001).

source

Notice of Final Rulemaking published at 54 DCR 11702, 11711 (December 7, 2007).