Montana Code 33-22-1116. Nonforfeiture benefits — offer requirement
33-22-1116. Nonforfeiture benefits — offer requirement. (1) Except as provided in subsection (3), a long-term care insurance policy may not be delivered or issued for delivery in this state unless the policyholder or certificate holder has been offered the option of purchasing a policy that includes a nonforfeiture benefit. The offer of a nonforfeiture benefit may be in the form of a rider that is attached to the policy.
Terms Used In Montana Code 33-22-1116
- Certificate: means a certificate issued under a group long-term care insurance policy that has been delivered or issued for delivery in this state. See Montana Code 33-22-1107
- Group long-term care insurance: means a long-term care insurance policy that is delivered or issued for delivery in this state and issued to:
(a)(i) one or more employers;
(ii)a labor organization;
(iii)a trust established by an employer or labor organization; or
(iv)a trustee of a fund established by one or more employers or labor organizations or a combination of employers and labor organizations for:
(A)employees or former employees or a combination of employees and former employees; or
(B)members or former members of the labor organization or a combination of members and former members;
(b)any professional, trade, or occupational association for its current, former, or retired members or a combination of current, former, and retired members if the association:
(i)is composed of individuals all of whom are or were actively engaged in the same profession, trade, or occupation; and
(ii)has been maintained in good faith for purposes other than obtaining insurance; or
(c)an association, a trust, or the trustee of a fund established, created, or maintained for the benefit of members of one or more associations. See Montana Code 33-22-1107
- Policy: means any policy, certificate, contract, membership contract, subscriber agreement, health care services agreement, rider, or endorsement delivered or issued for delivery in this state by an insurer, fraternal benefit society, health service corporation, prepaid health plan, health maintenance organization, or similar organization. See Montana Code 33-22-1107
- State: when applied to the different parts of the United States, includes the District of Columbia and the territories. See Montana Code 1-1-201
(2)If a policyholder or certificate holder declines the nonforfeiture benefit, the insurer shall provide a contingent benefit upon lapse that must be available for a specified period of time following a substantial increase in premium rates.
(3)When a group long-term care insurance policy is issued, the offer required in subsection (1) must be made to the group policyholder. However, if the policy is issued as group long-term care insurance as defined in 33-22-1107(5)(d), other than to a continuing care retirement community or other similar entity, the offer must be made to each proposed certificate holder.