North Dakota Code 26.1-55-01 – Definitions
As used in this chapter:
Terms Used In North Dakota Code 26.1-55-01
- Annuity: A periodic (usually annual) payment of a fixed sum of money for either the life of the recipient or for a fixed number of years. A series of payments under a contract from an insurance company, a trust company, or an individual. Annuity payments are made at regular intervals over a period of more than one full year.
- Contract: A legal written agreement that becomes binding when signed.
- Individual: means a human being. See North Dakota Code 1-01-49
- State: when applied to the different parts of the United States, includes the District of Columbia and the territories. See North Dakota Code 1-01-49
- United States: includes the District of Columbia and the territories. See North Dakota Code 1-01-49
1. “Contract” means an annuity contract issued in this state. The term does not include an annuity used to fund an employment-based retirement plan or program in which the insurer is not committed by terms of the annuity contract to pay death benefits to the beneficiaries of specific plan participants.
2. “Death master file” means the United States social security administration’s death master file or any other database or service the commissioner has determined is at least as comprehensive as the United States social security administration’s death master file for determining that an individual has reportedly died.
3. “Death master file match” means a search of the death master file or revised death master file which results in a match of the social security number or of the name and date of birth of an insured, annuity owner, or retained asset accountholder.
4. “Policy” means any policy or certificate of life insurance issued in this state which provides a death benefit. The term does not include:
a. A policy or certificate of life insurance which provides a death benefit under an employee benefit plan subject to the federal Employee Retirement Income Security Act of 1974 [Pub. L. 93-406; 29 U.S.C. § 1002 et seq.]; b. A policy or certificate of life insurance which provides a death benefit under an employee benefit plan under any federal employee benefit program; c. A policy or certificate of life insurance which is used to fund a pre-need funeral contract or prearrangement; or
d. A policy or certificate of credit life or accidental death insurance.
5. “Revised death master file” means the names added to the death master file since the insurer’s most recent semiannual comparison required under this chapter.