NDAC 45-04-14-01
Definitions
Cite as N.D. Admin. Code ยง 45-04-14-01
1.
"Active duty" means full-time duty in the active military service of the United States and
includes members of the reserve component such as the national guard and reserve while
serving under published orders for active duty or full-time training. The term does not include
members of the reserve component who are performing active duty or active duty for training
under military calls or orders specifying periods of less than thirty-one calendar days.
2.
"Commissioner" means the North Dakota insurance commissioner.
3.
"DoD personnel" means all active duty service members and all civilian employees, including
nonappropriated fund employees and special government employees of the department of
defense.
4.
"Door to door" means a solicitation or sales method whereby an insurance producer proceeds
randomly or selectively from household to household without prior specific appointment.
5.
"General advertisement" means an advertisement having as its sole purpose the promotion of
the reader's or viewer's interest in the concept of insurance, or the promotion of the insurer or
the insurance producer.
6.
"Insurance producer" means a person required to be licensed under the laws of this state to
sell, solicit, or negotiate life insurance, including annuities.
7.
"Insurer" means an insurance company required to be licensed under the laws of this state to
provide life insurance products, including annuities.
8.
"Known" or "knowingly" means the insurance producer or insurer had actual awareness or in
the exercise of ordinary care should have known at the time of the act or practice complained
of that the person solicited is a service member.
9.
"Life insurance" means insurance coverage on human lives, including benefits of endowment,
annuities, benefits in the event of death or dismemberment by accident, and benefits for
disability income.
10.
"Military installation" means any federally owned, leased, or operated base, reservation, post,
camp, building, or other facility to which service members are assigned for duty, including
barracks, transient housing, and family quarters.
11.
"MyPay" is a defense finance and accounting service (DFAS) web-based system that enables
service members to process certain discretionary pay transactions or provide updates to
personal information data elements without using paper forms.
12.
"Service member" means any active duty commissioned or warrant officer or enlisted member
of the United States armed forces.
13.
"SGLI" means the United States department of veterans affairs servicemembers' group life
insurance program of low cost group life insurance for servicemembers on active duty, ready
reservists, members of the national guard, members of the commissioned corps of the
national oceanic and atmospheric administration and the public health service, cadets and
midshipmen of the four service academies, and members of the reserve officer training corps.
14.
"Side fund" means a fund or reserve, excluding individually issued annuities, that is part of or
otherwise attached to a life insurance policy by rider, endorsement, or other mechanism which
accumulates premium or deposits with interest or by other means. The term does not include:
a.
Accumulated value or cash value or secondary guarantees provided by a universal life
policy;
b.
Cash values provided by a whole life policy which are subject to standard nonforfeiture
law for life insurance; or
c.
A premium deposit fund which:
(1)
Contains only premiums paid in advance which accumulate at interest;
(2)
Imposes no penalty for withdrawal;
(3)
Does not permit funding beyond future required premiums;
(4)
Is not marketed or intended as an investment; and
(5)
Does not carry a commission, either paid or calculated.
15.
"Specific appointment" means a prearranged appointment agreed upon by both parties and
definite as to place and time.
16.
"United States armed forces" means all components of the army, navy, air force, marine corps,
and coast guard.
17.
"VGLI" means the United States department of veterans affairs veterans' group life insurance
program of post-separation insurance which allows servicemembers to convert their SGLI
coverage to renewable term insurance.