The commissioner will not approve any variable life insurance form filed under these rules unless it conforms to the requirement of applicable law.     
       (1) Filing of variable life contracts. All variable life contracts, and all riders, endorsements, applications, and other documents that are to be attached to and made a part of the contract and that relate to the variable nature of the contract, must be filed with the commissioner and approved or exempted, as applicable, by the commissioner before delivery or issuance for delivery in this state.                (A) Each variable life contract, rider, endorsement, and application must be filed in accordance with Chapter 3, Subchapter A, of this title (relating to Submission Requirements for Filings and Departmental Actions Related to Such Filings). A flexible premium variable life contract submission must be accompanied by the following:                    (i) a mathematical demonstration comparing the specimen contract's cash surrender values, assuming the contract's assumed investment rate, if any, or in the absence of an assumed investment rate, on a rate not to exceed the maximum interest rate allowed by Insurance Code Chapter 1105, concerning Standard Nonforfeiture Law for Life Insurance, to the minimum cash surrender value described in paragraph (2)(F) of this section. The specimen contract should be for the minimum initial face amount permitted to be issued to a male age 35. The demonstration should not assume changes in face amount that are optional to the contract holder. The maturity date and the premium paying period should be the maximum permitted by the contract. The premium for each year should be the greater of the minimum premium permitted for that year or the premium that will allow the contract to mature at the maturity date assuming guaranteed charges and the assumed investment rate, if any, or, in the absence of an assumed investment rate, a rate not to exceed the maximum interest rate permitted by Insurance Code Chapter 1105;                     (ii) an actuarial description that sets forth maximum expense charges, loads, and surrender charges, applicable to the contract at issue and upon a change in basic coverage for all ages, bands, and classes of risk, will be provided in conjunction with the contract.                   (B) The commissioner may approve variable life contracts and related forms with provisions the commissioner deems to be not less favorable to the contract holder and the beneficiary than those required by these rules.        
       (2) Mandatory contract benefit and design requirements. Variable life contracts delivered or issued for delivery in this state must comply with the following minimum requirements.                (A) Mortality and expense risks must be borne by the insurer. The expense charges must be subject to the maximums stated in the contract. The charge for mortality must be stated in the contract and may not exceed a mortality rate for the attained age of the insured in a table specified for the calculation of cash surrender values in Insurance Code Chapter 1105. Provided, for insurance issued on a substandard basis, the charge for mortality may be the mortality rate for the attained age of the insured in such other tables as may be specified by the company and approved by the Texas Department of Insurance.                 (B) For scheduled premium contracts, a minimum death benefit must be provided in an amount at least equal to the initial face amount of the contract so long as premiums are duly paid (subject to paragraph (4) of this section).                 (C) The contract must reflect the investment experience of one or more separate accounts established and maintained by the insurer. The insurer must demonstrate that the reflection of investment experience in the variable life contract is actuarially sound.                 (D) Each variable life contract must be credited with the full amount of the net investment return applied to the benefit base.                 (E) Any changes in variable death benefits of each variable life contract must be determined at least annually.                 (F) The cash surrender value of each variable life contract must be determined at least monthly. The method of computation of cash surrender values and other nonforfeiture benefits, as described in the contract and in a statement filed with the commissioner in this state in which the contract is delivered, or issued for delivery, must be in accordance with recognized actuarial procedures that recognize the variable nature of the contract. The method of computation must be such that if the net investment return credited to the contract at all times from the date of issue should be equal to the assumed investment rate with premiums and benefits determined accordingly under the terms of the contract, then the resulting cash surrender values and other nonforfeiture benefits must be at least equal to the minimum values required by Insurance Code Chapter 1105, for a general account contract with such premiums and benefits. The assumed investment rate may not exceed the maximum interest rate permitted under Insurance Code Chapter 1105. If the contract does not contain an assumed investment rate, this demonstration must be based on a rate not to exceed the maximum interest rate permitted under Insurance Code Chapter 1105. The method of computation may disregard incidental minimum guarantees as to the dollar amounts payable. Incidental minimum guarantees include, for example, but are not limited to, a guarantee that the amount payable at death or maturity is at least equal to the amount that otherwise would have been payable if the net investment return credited to the contract at all times from the date of issue had been equal to the assumed investment rate.        
       (3) Mandatory contract provisions. Every variable life contract filed for approval in this state must contain at least the following.                (A) The cover page or pages corresponding to the cover page of each contract must contain:                    (i) a prominent statement in either contrasting color or in boldface type that the amount or duration of death benefit may be variable or fixed under specified conditions;                     (ii) a prominent statement in either contrasting color or in boldface type that cash surrender values may increase or decrease in accordance with the experience of the separate account, subject to any specified minimum guarantees;                     (iii) a statement describing any minimum death benefit required under paragraph (2)(B) of this section;                     (iv) the method, or a reference to the contract provision that describes the method, for determining the amount of insurance payable at death;                     (v) a captioned provision that the contract holder may return the variable life contract within 10 days of receipt of the contract by the contract holder, and receive a refund equal to the premiums paid;                     (vi) such other items as are currently required for fixed benefit life contracts and that are not inconsistent with this subchapter.                   (B) A grace period in accordance with this subparagraph.                    (i) For scheduled premium contracts, a provision for a grace period of not less than 31 days from the premium due date that must provide that when the premium is paid within the grace period, cash surrender values will be the same, except for the deduction of any overdue premium, as though the premium were paid on or before the due date.                     (ii) For flexible premium contracts, a provision for a grace period beginning on the contract processing day when the total charges authorized by the contract that are necessary to keep the contract in force until the next contract processing day exceed the amounts available under the contract to pay such charges in accordance with the terms of the contract. Such grace period must end on a date not less than the later of the date 61 days after the contract processing day when the grace period begins, or the date that is 31 days after the mailing date of the report to contract holders required by §4.1509(3) of this title (relating to Reports to Contract Holders). The death benefit payable during the grace period will equal the death benefit in effect immediately before such period less any overdue charges. If the contract processing days occur monthly, the insurer may require payment of an amount equal to the greater of:                        (I) not more than three times the charges that were due on the contract processing day on which the amounts available under the contract were insufficient to pay all charges authorized by the contract that are necessary to keep such contract in force until the next contract processing day; or                         (II) the amount necessary to keep such contract in force for a period of three calendar months from the contract processing day on which the amounts available under the contract were insufficient to pay all charges authorized by the contract.                     (C) For scheduled premium contracts, a provision that the contract will be reinstated at any time within two years from the date of default upon the written application of the insured and evidence of insurability, including good health, satisfactory to the insurer, unless the cash surrender value has been paid or the period of extended insurance has expired, upon the payment of any outstanding indebtedness arising after the end of the grace period following the date of default together with accrued interest on the contract to the date of reinstatement and payment of an amount not exceeding the greater of:                    (i) all overdue premiums at an interest rate not exceeding the contract loan interest rate in effect for the period during and after the lapse of the contract, and any indebtedness in effect at the end of the grace period following the date of default with interest at a rate not exceeding the contract loan interest rate in effect for the period during and after the lapse of the contract; or                     (ii) 110% of the increase in cash surrender value resulting from reinstatement plus all overdue premiums for incidental insurance benefits with interest at a rate not exceeding the contract loan interest rate in effect for the period during and after the lapse of the contract.                   (D) A full description of the benefit base and the method of calculation and application of any factors used to adjust variable benefits under the contract.                 (E) A provision designating the separate account to be used and stating that:                    (i) the assets of such separate account must be available to cover the liabilities of the general account of the insurer only to the extent that the assets of the separate account exceed the liabilities of the separate account arising under the variable life contracts supported by the separate account; and                     (ii) the assets of such separate account must be valued at least as often as any contract benefits vary but at least monthly.                   (F) A provision specifying what documents constitute the entire insurance contract.                 (G) A designation of the officers who are empowered to make an agreement or representation on behalf of the insurer and an indication that statements by the insured, or on the insured's behalf, are considered as representations and not warranties.                 (H) An identification of the owner of the insurance contract.                 (I) A provision setting forth conditions or requirements as to the designation, or change of designation, of a beneficiary and a provision for disbursement of benefits in the absence of a beneficiary designation.                 (J) A statement of any conditions or requirements concerning the assignment of the contract.                 (K) A description of any adjustments in benefits under the contract to be made in the event of misstatement of age or sex of the insured.                 (L) A provision that the contract will be incontestable by the insurer after it has been in force for two years during the lifetime of the insured, provided, however, that any increase in the amount of the contract's death benefits after the contract issue date, which increase occurred upon a new application or request of the owner and was subject to satisfactory proof of the insured's insurability, will be incontestable after any such increase has been in force, during the lifetime of the insured, for two years from the date of issue of such increase.                 (M) A provision stating that the investment policy of the separate account may not be changed without the approval of the insurance commissioner of the state of domicile of the insurer, and that the approval process is on file with the commissioner of this state.                 (N) A provision that the payment of variable death benefits in excess of any minimum death benefits, cash surrender values, contracts loans, or partial withdrawals (except when used to pay the premiums) or partial surrenders may be deferred:                    (i) for up to two months for death benefit payments or six months for all other payments from the date of request, if such payments are based on contract values that do not depend on the investment performances of the separate accounts; or                     (ii) for any period during which the New York Stock Exchange is closed for trading (except for normal holiday closing) or when the Securities and Exchange Commission has determined that a state of emergency exists that may make such payment impractical.                   (O) If settlement options are provided, at least one such option must be provided on a fixed basis only.                 (P) A detailed and complete definition for the basis for computing the contract value and the cash surrender value of the contract. For flexible premium variable life contracts, the definition must include the following:                    (i) the guaranteed maximum expense charges and loads;                    Cont'd...