69O-162.008. Contract Provision; Expense, Mortality and Investment Increment Factor

Any individual or group variable annuity contract delivered or issued for delivery in this state shall stipulate the expense, mortality, and investment increment factors to be used in computing the dollar amount of variable benefits or other contractual payments or values thereunder, and shall guarantee that expense and mortality results shall not adversely affect such dollar amounts. The mortality and investment increment factors used in computing the dollar amount of variable benefits or other contractual payments or values under an individual variable contract shall not produce a larger initial payment than would be produced by the use of annuity mortality tables in Rule 69O-162.108, F.A.C., for policies issued on or before December 31, 2016 and annuity mortality tables for use in determining reserve liabilities in accordance with the NAIC Valuation Manual as adopted by Section 625.1212, F.S., for policies issued on or after January 1, 2017 and an annual investment increment assumption of 3 1/2 %. “Expense” as used in this subsection may exclude some or all taxes as stipulated in the contract.