N.M. Code R. § 13.9.3.15 – Variable Factors

A. A variable annuity contact delivered or issued for delivery in this state shall stipulate the investment increment factors to be used in computing the dollar amount of variable benefits or other variable contractual payments or values thereunder, and may guarantee that expense and mortality results shall not adversely affect the dollar amounts. In the case of an individual variable annuity contract under which the expense and mortality results may adversely affect the dollar amount of benefits, the expense and mortality factors shall be stipulated in the contract.
B. In computing the dollar amount of variable benefits or other contractual payments or values under an individual variable annuity contract:
(1) The annual net investment increment assumption shall not exceed five percent (5%) except with the approval of the superintendent.
(2) To the extent that the level of benefits may be affected by future mortality results, the mortality factor shall be determined from the Annuity Mortality Table for 1949, Ultimate, or any modification of that table not having a lower life expectancy at any age, or, if approved by the superintendent, from another table.
C. Expense, as used in this section, may exclude some or all taxes, as stipulated in the contract.
[7/1/97; Recompiled 11/30/01]