(1) If in any contract year the gross premium charged by any company on any policy
or contract is less than the valuation net premium for the policy or contract calculated
by the method used in calculating the reserve thereon but using the minimum valuation
standards of mortality and rate of interest, the minimum reserve required for such
policy or contract shall be the greater of either the reserve calculated according
to the mortality table, rate of interest, and method actually used for such policy
or contract, or the reserve calculated by the method actually used for such policy
or contract but using the minimum valuation standards of mortality and rate of interest
and replacing the valuation net premium by the actual gross premium in each contract
year for which the valuation net premium exceeds the actual gross premium. The minimum valuation standards of mortality and rate of interest referred to in
this section are those standards stated in Sections 31A-17-504 and 31A-17-506.
(2) Provided that for any life insurance policy issued on or after January 1, 1997,
for which the gross premium in the first policy year exceeds that of the second year
and for which no comparable additional benefit is provided in the first year for such
excess and which provides an endowment benefit or a cash surrender value or a combination
of an endowment benefit and cash surrender value in an amount greater than such excess
premium, this section shall be applied as if the method actually used in calculating
the reserve for such policy were the method described in Section 31A-17-507, ignoring Subsection 31A-17-507(2). The minimum reserve at each policy anniversary of such a policy shall be the greater
of the minimum reserve calculated in accordance with Section 31A-17-507, including Subsection 31A-17-507(2), and the minimum reserve calculated in accordance with this section.
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