As used in these rules:

1. (a) "Affiliate" of an insurer means any of the following:
2. (i) Any person, directly or indirectly, controlling, controlled by, or under common control with, such insurer.

3. (ii) Any person who regularly furnishes investment advice to an insurer with respect to its variable life insurance separate accounts for which a specific fee or commission is charged.

   1. (iii) Any person who is a director, officer, partner, or employee, or a member of the immediate family of any person who is a director, officer, partner or employee of any person described in paragraph (i) or (ii) of this subdivision.
4. (b) "Agent" means any person, corporation, partnership, or other legal entity which is licensed by this state as a life insurance agent.
5. (c) "Assumed investment rate" means the rate of investment return which would be required to be credited to a variable life insurance policy, after deduction of charges for taxes, investment expenses, and mortality and expense guarantees, to maintain the variable death benefit equal, at all times, to the amount of the death benefit, other than incidental insurance benefits, which would be payable under the plan of insurance if the death benefit did not vary according to the investment experience of the separate account.
6. (d) "Benefit base" means the amount to which the net investment return is applied.
7. (e) "Control," including the terms "controlling," "controlled by," and "under common control with," means the possession, direct or indirect, of the power to direct, or cause the direction of, the management and policies of a person, whether through the ownership of voting securities, by contract other than a commercial contract for goods or nonmanagement services, or otherwise, unless the power is the result of an official position with, or corporate office held by, the person. Control shall be presumed to exist if any person, directly or indirectly, owns, controls, holds with the power to vote, or holds proxies representing more than 10% of the voting securities of any other person. This presumption may be rebutted by a showing, to the satisfaction of the commissioner, that control does not exist in fact. The commissioner may determine, after furnishing all persons in interest notice and opportunity to be heard and making specific findings of fact to support such determination, that control exists in fact, notwithstanding the absence of a presumption to that effect.
8. (f) "Flexible premium policy" means any variable life insurance policy other than a scheduled premium policy as specified in subdivision (1) of this rule.
9. (g) "General account" means all assets of the insurer other than assets in separate accounts established pursuant to section 925 of Act No. 218 of the Public Acts of 1956, as amended, being S500.925 of the Michigan Compiled Laws, or pursuant to the corresponding section of the insurance law of the state of domicile of a foreign or alien insurer, whether or not for variable life insurance.
10. (h) "Incidental insurance benefit" means all insurance benefits in a variable life insurance policy, other than the variable death benefit and the minimum death benefit, including, but not limited to, any of the following:
11. (i) Accidental death and dismemberment benefits.

12. (ii) Disability benefits.

    1. (iii) Guaranteed insurability options.
13. (iv) Family income.
14. (v) Term riders.
15. (i) "Minimum death benefit" means the amount of the guaranteed death benefit, other than incidental insurance benefits, payable under a variable life insurance policy regardless of the investment performance of the separate account.
16. (j) "Net investment return" means the rate of investment return actually credited to a variable life insurance policy, after deduction of any charges in accordance with the terms of the policy.
17. (k) "Policy processing day" means the day on which charges authorized in the policy are deducted from the policy's cash value.
18. (l) "Scheduled premium policy" means any variable life insurance policy under which both the amount and timing of premium payments are fixed by the insurer.
19. (m) "Separate account" means a separate account for variable life insurance established under section 925 of Act No. 218 of the Public Acts of 1956, as amended, being S500.925 of the Michigan Compiled Laws, or pursuant to the corresponding section of the insurance law of the state of domicile of a foreign or alien insurer.
20. (n) "Variable death benefit" means the amount of the death benefit, other than incidental insurance benefits, which is payable under a variable life insurance policy dependent on the investment performance of the separate account and which the insurer would have to pay in the absence of the minimum death benefit.
21. (o) "Variable life insurance policy" means any individual policy which provides for life insurance with the amount or duration of the death benefit varying according to the investment experience of any separate account or accounts established and maintained by the insurer as to such policy, as provided for in section 925 of Act No. 218 of the Public Acts of 1956, as amended, being S500.925 of the Michigan Compiled Laws, or pursuant to the corresponding section of the insurance law of the state of domicile of a foreign or alien insurer.

History: 1979 AC; 1988 AACS.