Part Definitions

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As used in this part:

  1. “Account owner” means the owner of a retained asset account who is a resident of this state;
  2. “Annuity” means any active annuity contract issued in this state other than an annuity used to fund an employment-based retirement plan or program where the insurer is not committed by terms of the annuity contract to pay death benefits to the beneficiaries of specific plan participants or that is used to fund a pre-need funeral contract as defined in § 62-5-403;
  3. “Asymmetric conduct” means an insurer's use of the DMF prior to July 1, 2015, in connection with searching for information regarding whether annuitants under the insurer's annuities might be deceased, but not in connection with whether the insureds under its policies might be deceased;
  4. “Beneficiary” means an individual or other entity entitled to benefits under a policy or annuity;
  5. “Death master file” or “DMF” means the death master file from the United States social security administration or any other database or service that an insurer may determine is substantially as inclusive as the death master file for determining that a person has reportedly died;
  6. “Death master file match” or “DMF match” means a search of a DMF that results in a match of a person's social security number or name and date of birth;
  7. “Insurer” means any insurance company authorized to transact life insurance business in this state;
  8. “Person” means the policy insured, annuity owner, annuitant, or account owner, as applicable under the policy, annuity, or retained asset account subject to this part;
  9. “Policy” means any policy or certificate of life insurance issued in this state, but does not include any policy or certificate of life insurance that provides a death benefit under:
    1. An employee benefit plan subject to the Employee Retirement Income Security Act of 1974, as periodically amended, compiled at 29 U.S.C. § 1002 et seq.;
    2. Any federal employee benefit program;
    3. Government plans or church plans as defined in the Employee Retirement Income Security Act of 1974, as periodically amended, compiled at 29 U.S.C. § 1002 et seq.;
    4. A policy or certificate of life insurance that is used to fund a pre-need funeral contract as defined in § 62-5-403; or
    5. A policy or certificate of credit life or accident and health insurance;
  10. “Record keeping services” means those circumstances under which the insurer has agreed with a group life insurance policyholder to be responsible for obtaining, maintaining, and administering in its own systems information about each individual insured under the policyholder's group life insurance contract at least the following information:
    1. Individual insured's social security number or name and date of birth;
    2. Beneficiary designation information;
    3. Coverage eligibility;
    4. Benefit amount; and
    5. Premium payment status.


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