(1) "Disability income protection coverage" is a policy which provides for periodic payments, weekly or monthly, for a specified period during the continuance of disability resulting from either sickness or injury or a combination thereof which:
- (a) Provides that periodic payments which are payable at ages after 62 and reduced solely on the basis of age are at least 50% of amounts payable immediately prior to age 62.
(b) Contains an elimination period no greater than:
- (i) Ninety days in the case of coverage providing a benefit of one year or less;
- (ii) One hundred eighty days in the case of coverage providing a benefit of more than one year but not greater than two years; or
- (iii) Three hundred sixty-five days in all other cases during the continuance of disability resulting from sickness or injury.
- (c) Has a maximum period of time for which it is payable during disability of at least six months except in the case of a policy covering disability arising out of pregnancy, childbirth, or miscarriage in which case the period for such disability may be one month.
- (2) No disability income protection policy shall contain any provision permitting a reduction in benefits because of an increase in Social Security benefits.
- (3) This section does not apply to those policies providing business buyout coverage.
[Order R-76-4, § 284-50-355, filed 10/29/76, effective 3/1/77.]