20-1274. Nonforfeiture benefits in group annuity contract

A. In group annuity contracts there shall be a provision or provisions, with an appropriate reference thereto in the certificate, specifying the nature and basis of ascertainment of the benefits which will be available to an annuitant who contributes to the cost of the annuity and the conditions of payment thereof in the event of either the termination of employment of the annuitant, except by death, or the discontinuance of stipulated payments under the contract. The provision or provisions shall, in either event, make available to an annuitant who contributes to the cost of the annuity a paid-up annuity payable commencing at a fixed date in an amount at least equal to that purchased by the contributions of the annuitant, determinable as of the respective dates of payment of the several contributions, as shown by a schedule in the contract for that purpose, based upon the same mortality table, rate of interest and loading formula used in computing the stipulated payments under the contract. The provision or provisions may, by way of exception to the foregoing, provide that if the amount of the annuity determined as aforesaid from the fixed commencement date would be less than one hundred twenty dollars annually, the insurer may at its option, in lieu of granting the paid-up annuity, pay a cash surrender value at least equal to that provided by this section.

B. If a cash surrender value, in lieu of the paid-up annuity, is allowed to the annuitant by the terms of the contract, it may be either in a single sum or in equal installments over a period of not more than twelve months, and it shall at least equal either paragraph 1 or 2 following, whichever is less:

1. The amount of reserve attributable to the annuitant's contributions less a surrender charge not exceeding thirty-five per cent of the average annual contribution made by the annuitant.

2. The amount which would be payable as a death benefit at the date of surrender.

C. The contract shall also provide that in case of the death of an annuitant before the commencement date of the annuity, the insurer shall pay a death benefit at least equal to the aggregate amount of the annuitant's contributions without interest. If any benefits are available to the holder in either event, the contract shall contain a provision or provisions specifying the nature and basis of ascertainment of the benefits.