(a) This section applies to an annuity or pure endowment contract other than a group
annuity or pure endowment contract purchased under a retirement or deferred compensation
plan established or maintained by an employer, including a partnership or sole proprietorship,
by an employee organization, or by both, other than a plan providing individual retirement
accounts or individual retirement annuities under Section 408, Internal Revenue Code of 1986, and that section's subsequent amendments.
(b) Reserves according to the commissioners annuity reserve method for benefits under
an annuity or pure endowment contract, excluding any disability or accidental death
benefits in the contract, are the greatest of the respective excesses of the present
values on the valuation date of the future guaranteed benefits under the contract
at the end of each respective contract year, including guaranteed nonforfeiture benefits,
minus the present value on the valuation date of any future valuation considerations
derived from future gross considerations that are required by the contract terms and
that become payable before the end of the respective contract year. The future guaranteed benefits must be determined by using the mortality table,
if any, and the interest rate or rates specified in the contract for determining guaranteed
benefits. The valuation considerations are the portions of the respective gross considerations
applied under the contract terms to determine nonforfeiture values.
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