Sec. 31.04.17.03. Filing of Forms for Approval

A. Duplicate Forms Required For Nonelectronic Form Submissions.

(1) A carrier shall submit duplicate copies of each form the carrier intends to use in Maryland to the Commissioner for approval.

(2) If the Commissioner approves the form submitted by or on behalf of the carrier, the Commissioner shall:

(a) Retain one copy; and

(b) Return to the carrier one copy, with an appropriate notation indicating approval.

B. A carrier submitting forms for approval, or premiums for forms pending approval or previously approved, shall print or type in a conspicuous manner immediately below the name of the carrier on the letter of transmittal the carrier's National Association of Insurance Commissioners (NAIC) company code number.

C. A carrier shall submit the following with each form filing:

(1) A current transmittal form developed by:

(a) The Maryland Insurance Administration; or

(b) The National Association of Insurance Commissioners (NAIC);

(2) A filing fee in accordance with Insurance Article, §2-112, Annotated Code of Maryland;

(3) Except for electronic form filings, a self-addressed stamped envelope; and

(4) A cover letter listing the forms submitted for approval by form number, with a brief description of each form filed for approval.

D. Each form shall be identified by a form number which is unique to that form. This number should be printed in the lower lefthand corner of the first page, and no other number should appear in close proximity to the form number. If any loose leaf or alternate pages are submitted in accordance with Insurance Article, §12-203(e), Annotated Code of Maryland, each page shall also be identified by a unique form number.

E. Each form shall be printed in a size and style of type which is easily legible.

F. If any portion of a form is in a language other than English, an English translation shall appear in the same form.

G. Name of Carrier.

(1) Each complete form, except riders or endorsements, shall bear on the face the corporate name and either:

(a) The address (city and state) of the carrier; or

(b) The address of the carrier's office that will administer the form.

(2) The name of the carrier shall appear with more prominence on a form than the name of:

(a) An affiliate;

(b) A producer;

(c) An underwriter;

(d) A holding company; or

(e) A third party administrator.

H. Modifications or Revisions.

(1) A carrier may modify or revise a form only through:

(a) Some form of press plate, such as imprinting, multigraph, mimeograph, multilith, electronic printer, or rubber stamp; or

(b) A computer generated revision.

(2) A carrier may not modify or revise a form through handwritten or typed interlineations or deletions.

I. Submission of Forms.

(1) Except as provided in §I(2) of this regulation, a carrier shall submit forms for approval with the Commissioner.

(2) A third party may submit a form for approval on behalf of a carrier, if the third party includes a written authorization from the carrier to make the form filing.

J. Submission Details. If the submission is new, the carrier shall point out the unique features of the form.

K. Representative Specimen Data.

(1) Except for applications filed for approval, a carrier shall complete each form filed for approval with representative specimen data.

(2) A carrier shall use the following specimen data for life insurance policies:

(a) 35 years old for a policy issued at that age; and

(b) The lowest age of issue for juvenile policy forms.

L. Mortality Table or Interest Rate Changes in Life Insurance or Annuity Contracts. If no other change in the contract is being filed at the same time, a carrier may file a change in the nonforfeiture basis for a previously approved contract by filing:

(1) Revised pages for any pages in the contract that are affected; and

(2) A revised actuarial memorandum demonstrating compliance with minimum nonforfeiture and reserve requirements.

M. Any individual or group policy, group certificate, policy amendment, rider, or endorsement form shall have affixed the signature of a responsible officer of the carrier as part of the form.

N. In the case of a life insurance policy or certificate, the carrier shall furnish a mathematical outline showing, for the specimen age and a specimen duration, computation of the:

(1) Net premium;

(2) Adjusted premium;

(3) Nonforfeiture factor, if different from the adjusted premium for the specimen age used; and

(4) Nonforfeiture values.

O. Except for an annuity contract that is listed as exempt under Insurance Article, §16-501, Annotated Code of Maryland, in the case of an annuity contract, the carrier shall furnish:

(1) A mathematical outline showing computation of the minimum nonforfeiture amounts; and

(2) A numerical demonstration that the minimum paid-up annuity, cash surrender, or death benefits available under the contract are not less than the minimum benefits required under Insurance Article, Title 16, Subtitle 5, Annotated Code of Maryland.