S.I. No. 15/2001 - Life Assurance (Provision of Information) Regulations, 2001

Type Statutory Instrument
Publication 2001-02-01
Last updated 2017-09-01
State In force superseded text
Text As published
articles 10

This is the act as published. Later amendments are not folded into the text below: each one is a separate act in this repository and an entry in this law's history.

2 amending acts · 2017-09-01, S.I. No. 392/2017 - Life Assurance (Provision of Information) (Amendment) Regulations 2017

Reform history JSON API

I, Noel Treacy, Minister of State at the Department of Enterprise, Trade and Employment, in exercise of the powers conferred on me by sections 43B, 43D and 43E (inserted by the Insurance Act, 2000 (No.42 of 2000)) of the Insurance Act, 1989 (No.3 of 1989) (as adapted by the Enterprise and Employment (Alteration of Name of Department and Title of Minister) Order, 1997 (S.I. 305 of 1997), and the Enterprise, Trade and Employment (Delegation of Ministerial Functions) Order, 1998 ( S.I. No. 265 of 1998 )), hereby make the following regulations:

1.

1. These Regulations may be cited as the Life Assurance (Provision of Information) Regulations, 2001.

2.

2. These Regulations shall come into operation on 1^st day of February, 2001.

3.

3. (1) In these Regulations -

“actuary” has the meaning assigned to it by section 43E(2)(b)(inserted by the Insurance Act, 2000 (No.42 of 2000)) of the Insurance Act, 1989 (No. 3 of 1989);

“client”, in relation to a policy issued in connection with a housing loan where the client is the lender, includes the mortgagor;

“connected person”, in relation to an insurer, insurance intermediary or sales employee, shall be construed in accordance with subsection (2);

“housing loan” has the same meaning as in the Consumer Credit Act, 1995 (No. 24 of 1995);

“ illustrative table” means a table illustrating values in respect of a specific policy which is provided to a client pursuant to Regulations 6(1), 7 and 8 and Schedules 1 and 2;

“industrial assurance business” has the same meaning as in the Insurance Act, 1936 (No. 45 of 1936);

“intermediary remuneration”, in relation to a policy sold to a client, means -

“Life Regulations” means the European Communities (Life Assurance) Framework Regulations, 1994 ( S.I. No. 360 of 1994 );

“Member State” means a Member State of the European Communities;

“policy” has the same meaning as in the Insurance Act, 1936 ;

“premium” has the same meaning as in the Insurance Act, 1936 ;

“sales employee” means a person employed by an insurer for the purposes of the negotiation and conclusion of insurance policies with clients and who receives sales remuneration from the insurer in respect of his or her employment;

“sales remuneration”, in relation to a policy sold by a sales employee, means -

but does not include payment in respect of the cost of collecting premiums for industrial assurance business;

“service fee” means any amount payable, or payable in certain circumstances, other than the premium or part thereof, or any amount retained or received by the insurer or insurance intermediary in respect of services rendered in connection with assurance business, but does not include intermediary remuneration or sales remuneration;

“tied insurance agent” means an insurance agent who enters into -

4.

4. Subject to Regulation 5, these Regulations shall apply to the provision of life assurance by insurers and insurance intermediaries.

5.

5. (1) These Regulations shall not apply to:

6.

6. (1) Subject to Regulation 7, before a client signs a proposal or an application form for a policy of life assurance, an insurer or insurance intermediary shall provide to the client the information specified in Schedule 1.

7.

7. (1) Subject to paragraph (2), where, pursuant to Regulation 6(1), illustrative tables are provided to a client pursuant to paragraph A(3) and (4) of Schedule 1, the values given by the insurer in the illustrative tables shall be the values specific to that client and to the premium proposed to be paid by that client.

8.

8. (1) Illustrative tables of projected benefits, expenses and charges, intermediary remuneration and sales remuneration shall be prepared by the insurer in accordance with -

the declaration shall be signed -

“Irish head office insurance undertaking”, “branch”, “Community deposit undertaking”, “external branch undertaking” and “Irish deposit undertaking” have the same meanings as in the Life Regulations;

“authorised agent” means a person referred to in Articles 46(2)(d) and Article 65(d) of the Life Regulations.

9.

9. (1) (a) In the case of a policy, other than an industrial assurance policy, issued on or after the coming into operation of these Regulations and acquiring a surrender or maturity value, the insurer shall provide the client with an annual written statement which shall contain -

10.

10. The forms set out in Schedules 4, 5 and 6 shall be used as far as practicable but a deviation from those forms shall not, by reason only of the deviation, make any declaration or certificate, as the case may be, invalid.

SCHEDULE 1 INFORMATION TO BE PROVIDED TO CLIENT PURSUANT TO REGULATION 6(1)

A. INFORMATION ABOUT THE POLICY

The following information shall be provided to the client using the prominent titles indicated in this paragraph.

“WARNING

If you propose to take out this policy in complete or partial replacement of an existing policy, please take special care to satisfy yourself that this policy meets your needs. In particular, please make sure that you are aware of the financial consequences of replacing your existing policy. If you are in doubt about this, please contact your insurer or insurance intermediary.”

There shall be a statement in a prominent position indicating—

“IMPORTANT

THESE ILLUSTRATIONS ASSUME A RETURN OF (RATE)% PER ANNUM. THIS RATE IS FOR ILLUSTRATION PURPOSES ONLY AND IS NOT GUARANTEED.

ACTUAL INVESTMENT GROWTH WILL DEPEND ON THE PERFORMANCE OF THE UNDERLYING INVESTMENTS AND MAY BE MORE OR LESS THAN ILLUSTRATED.”

TABLE

ILLUSTRATIVE TABLE OF PROJECTED BENEFITS AND CHARGES

A B C D E = A+B-C-D
£ £ £ £ £
Year Total amount of premiums paid into the policy to date Projected investment growth to date Projected expenses and charges to date Projected cost of protection benefits to date Projected policy value
1
2
3
4
5
10
15
20
MATURITY

An Illustrative Table of Intermediary Remuneration or Sales Remuneration shall be provided to the client in the form set out in the Table to this subparagraph.

TABLE

ILLUSTRATIVE TABLE OF INTERMEDIARY REMUNERATION OR SALES REMUNERATION

Year Premium payable in that year Projected total intermediary/ sales remuneration/brokerage fee payable in that year
£ £
1
2
3
4
5
10
15
20
Year of Maturity

The following information shall be provided to the client in relation to taxation issues:

B. INFORMATION ON SERVICE FEE

Where a service fee is charged by an insurer or insurance intermediary, the amount of the service fee shall be disclosed in writing to the client and shall be expressed as a monetary amount whether in relation to an initial service fee or in relation to an assumed renewal or annual service fee.

C. INFORMATION ABOUT THE INSURER OR INSURANCE INTERMEDIARY OR SALES EMPLOYEE

The following information shall be provided to the client:

SCHEDULE 2 COMPLETION OF ILLUSTRATIVE TABLES PURSUANT TO REGULATION 8(1)

PART 1 ILLUSTRATIVE TABLE OF PROJECTED BENEFITS AND CHARGES

1.

For the purposes of completing the Illustrative Tables set out in paragraph A(3) and (4) of Schedule 1—

“projected investment growth to date” means the investment return earned on the policy value in the period up to and including the year referred to, and shall include any bonuses allocated to the policy;

“projected expenses and charges to date” means the projected total deductions to cover expenses and charges of the insurer made in the period up to and including the year referred to;

“projected cost of protection benefits to date” means the projected total deductions for the cost of protection benefits made in the period up to and including the year referred to;

“projected policy value” means the amount projected to be payable as a surrender value or a maturity value at the end of the year referred to, after deduction of any penalties applicable.

2.

A rate not exceeding 8% per annum, before deduction of all anticipated expenses and charges, intermediary remuneration and sales remuneration related to the policy and before deduction of taxation, shall be used as the assumed projected rate of return in illustrating projected future benefits under the policy. In addition, a second Illustrative Table of Projected Benefits and Charges may be given to the client provided the basis of calculation of that second illustration is specified.

3.

The Illustrative Table, or Tables, as the case may be, of Projected Benefits and Charges shall indicate the projected surrender or maturity value of the policy (Column E) after any penalties where applicable—

shown across from—

so that the difference between the sum of the premiums paid and the projected investment growth, and the corresponding projected surrender or maturity values (Column E) is accounted for by the cost of either or both life assurance cover and other protection benefits and the charges and management expenses associated with the policy and surrender penalties.

4.

(i) In illustrating the projected benefits of a unit-linked protection policy, the period of time for which the cover can be maintained by the premium shown, based on the assumptions underlying the illustration, shall be specified if this is less than the term of the policy.

5.

Where the policy includes insurance cover in respect of either or both critical illness and permanent health insurance, the effects of a claim under such insurance cover on the projected surrender or maturity value shall be specified.

6.

(i) In the case of investment policies, the effect of all deductions, excluding the cost of deductions for protection benefits, on the projected investment yield on the gross premiums paid shall be stated in a prominent position below the Illustrative Table of Projected Benefits and Charges.

7.

Column C of the Illustrative Table of Projected Benefits and Charges shall include charges and management expenses including deductions from the premium which do not contribute to the value of any benefit such as “bid/offer” spread, annual fund management charge and expense charges.

8.

(i) In the case of pension business contracts, an illustration shall be provided to the client indicating—

9.

A statement shall be included that the premium payable includes the cost of the protection benefits, and all charges, expenses, intermediary remuneration and sales remuneration, where applicable.

PART 2 ILLUSTRATIVE TABLE OF INTERMEDIARY REMUNERATION OR SALES REMUNERATION

1.

The Illustrative Table of Intermediary Remuneration or Sales Remuneration shall state the projected premium payable and the projected cost of total payments, benefits and services payable to insurance intermediaries or sales employees to cover intermediary remuneration or sales remuneration in connection with the policy in the policy year in question.

2.

Where an arrangement exists between an insurer and an insurance broker or an insurance agent (other than a tied insurance agent) under which payments, benefits or services may be provided by the insurer to the insurance broker or the insurance agent which are contingent on the insurance broker or the insurance agent placing a minimum level of business with the insurer, then, where a policy contributes to the achievement of such contingent payments, benefits or services, a statement describing the arrangement that applies shall immediately follow the Illustrative Table of Intermediary Remuneration or Sales Remuneration.

3.

In the Table of Intermediary Remuneration or Sales Remuneration “intermediary remuneration” may be described as a “brokerage fee”.

SCHEDULE 3 INFORMATION FOR POLICYHOLDERS

The following information, which is to be communicated to the policyholder before the contract is concluded (A) or during the term of the contract (B), must be provided in a clear and accurate manner, in writing, in an official language of the Member State of the commitment.

However, such information may be in another language if the policyholder so requests and the law of the Member State so permits or the policyholder is free to choose the law applicable.

A. Before concluding the contract

Information about the assurance undertaking Information about the assurance undertaking Information about the commitment Information about the commitment
(a)1. The name of the undertaking and its legal form (a)4. Definition of each benefit and each option
(a)2. The name of the Member State in which the head office and, where appropriate, the agency or branch concluding the contract is situated (a)5. Term of the contract
(a)2. The name of the Member State in which the head office and, where appropriate, the agency or branch concluding the contract is situated (a)6. Means of terminating the contract
(a)2. The name of the Member State in which the head office and, where appropriate, the agency or branch concluding the contract is situated (a)7. Means of payment of premiums and duration
(a)3. The address of the head office and, where appropriate, of the agency or branch concluding the contract (a)8. of payments Means of calculation and distribution of bonuses
(a)9. Indication of surrender and paid-up values and the extent to which they are guaranteed
(a)10. Information on the premiums for each benefit, both main benefits and supplementary benefits, where appropriate
(a)11. For unit-linked policies, definition of the units to which the benefits are linked
(a)12. Indication of the nature of the underlying assets for unit-linked policies
(a)13. Arrangements for application of the cooling-off period
(a)14. General information on the tax arrangements applicable to the type of policy
(a)15. The arrangements for handling complaints concerning contracts by policyholders, lives assured or beneficiaries under contracts including, where appropriate, the existence of a complaints body, without prejudice to the right to take legal proceedings
(a)16. Law applicable to the contract where the parties do not have a free choice or, where the parties are free to choose the law applicable, the law the assurer proposes to choose

B. During the term of the contract

In addition to the policy conditions, both general and special, the policyholder must receive the following information throughout the term of the contract.

Information about the assurance undertaking Information about the assurance undertaking Information about the commitment Information about the commitment
(b)1. Any change in the name of the undertaking, its legal form or the address of its head office and, where appropriate, of the agency or branch which concluded the contract (b)2. All the information listed in points (a)4 to (a)12 of A in the event of a change in the policy conditions or amendment of the law applicable to the contract
(b)3. Every year, information on the state of bonuses

SCHEDULE 4 DECLARATION UNDER REGULATION 6(3) OF THE LIFE ASSURANCE (PROVISION OF INFORMATION) REGULATIONS, 2001.

WARNING

If you propose to take out this policy in complete or partial replacement of an existing policy, please take special care to satisfy yourself that this policy meets your needs. In particular, please make sure that you are aware of the financial consequences of replacing your existing policy. If you are in doubt about this, please contact your insurer or insurance intermediary.

Ref. Policy Number______

Declaration of Insurer or Intermediary

I hereby declare that in accordance with Regulation 6(1) of the Life Assurance (Provision of Information) Regulations, 2001, ___2 (the client) has been provided with the information specified in Schedule 1 to those Regulations and that I have advised the client as to the financial consequences of replacing an existing policy with this policy by cancellation or reduction, and of possible financial loss as a result of such replacement.

Signed _____

Name of insurer or insurance intermediary

Date _________

Declaration of Client

I confirm that I have received in writing the information specified in the above declaration.

Signed______

Name of client

Date _____

SCHEDULE 5 CERTIFICATE OF ACTUARY UNDER REGULATION 8(2)(a) OF THE LIFE ASSURANCE (PROVISION OF INFORMATION) REGULATIONS, 2001

Name and address of Insurer:

Financial Year Ended:

Name and address of Actuary:

I hereby certify that, in respect of the above financial year, in preparing the illustrative tables of projected benefits, expenses and charges, intermediary remuneration and sales remuneration provided to clients by the above insurer pursuant to the Life Assurance (Provision of Information) Regulations, 2001, the insurer has complied with my advice and the relevant guidance notes issued by the Society of Actuaries in Ireland [subject to the qualifications, amplifications or explanations in this certificate].3

I certify that no qualifications to, amplifications or explanations of this certificate are necessary.4

This certificate is subject to the following qualifications, amplifications or explanations:5

Signed______

Name of actuary

Date______

SCHEDULE 6 DECLARATION OF INSURER UNDER REGULATION 8(2)(b) OF THE LIFE ASSURANCE (PROVISION OF INFORMATION) REGULATIONS, 2001

Name and address of Insurer:

Financial Year Ended:

Names and addresses of Directors:

and

Name and address of Chief Executive:

OR WHERE APPLICABLE

Name and address of Authorised Agent:

and

Name of officer or employee of insurance undertaking:

We declare that the information requested by the actuary pursuant to his or her functions under the Life Assurance (Provision of Information) Regulations, 2001, has been provided to the actuary and is accurate [subject to the qualifications, amplifications and explanations set out in this declaration].6

We declare that no qualifications, amplifications and explanations to this declaration are necessary.7

This declaration is subject to the following qualifications, amplifications and explanations:8

Signed ____

director


director


chief executive

Date _____

OR

Signed ____

chief executive


officer of employee

GIVEN under my Hand 1^st day of February, 2001
NOEL TREACY
Minister of State at the Department of Enterprise, Trade and Employment

EXPLANATORY NOTE

(This note is not part of the Instrument and does not purport to be a legal interpretation.)

These Regulations require suppliers of life assurance to provide information to clients resident in Ireland before they sign a proposal or an application form in respect of life assurance and also throughout the term of the policy. The information is to include details of the policy, its appropriateness to the needs of the client, early encashment consequences, projected benefits and charges, intermediary/sales remuneration, review of premium, cancellation rights, together with other general and additional information, some of which is already subject to disclosure pursuant to the Third Life Assurance Framework Directive (92/96/EEC) as implemented by S.I. No. 360 of 1994 .

Footnotes

1

The rate applied by the insurer in the illustration

2

Insert client name and address

3

Delete where not applicable

4

Delete where not applicable

5

Delete where not applicable

6

Delete where not applicable

7

Delete where not applicable

8

Delete where not applicable

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