Below is a summary of definitions, disclosures and limitations for the Life Insurance and LTC Rider. A full sample policy can be downloaded here. State variations, product features, and terms may differ. Attached is a sample policy for illustrative purposes. For your specific state, please contact support.
DEATH BENEFIT
If the insured dies prior to the maturity date and while this certificate is in force, we will pay the death benefit shown in the Certificate Specifications in a lump sum to the beneficiary within 2 months of our receipt of due proof of death.
The death benefit is equal to:
In no event will the amount payable upon death of the insured be less than the minimum amount required to permit this certificate to qualify as life insurance under the Federal Income Tax Rules applicable to this certificate.
The death benefit will not include a refund of any premium waived under the Payor Waiver of Premium for Total Disability Rider.
MATURITY BENEFIT
If the insured is living on the maturity date and while this certificate is in force, we will pay the maturity benefit shown in the Certificate Specifications in a lump sum to you.
The maturity benefit is equal to:
CERTIFICATE LOAN AND NON-FORFEITURE OPTIONS
CERTIFICATE LOANS
If this certificate is in force and has a loan value greater than $100, then you may take a loan under this certificate.
The loan value is the cash value minus:
Loans are evidenced by our check payable to and endorsed by you, or electronic versions of the same. The minimum certificate loan amount is $100, unless it is used to pay premiums on this certificate.
LOAN INTEREST
The interest we will charge on certificate debt is shown in the Certificate Specifications. Interest on certificate debt is due and payable in arrears at the end of each certificate anniversary date. Interest not paid when due will be added to the existing certificate debt and bear interest at the same rate.
LOAN REPAYMENT
You may repay certificate debt at any time, except that:
A loan that exists at the end of the grace period cannot be repaid.
If at any time the certificate debt exceeds the cash value, this certificate terminates.
NON-FORFEITURE
If this certificate is in force and has a net surrender value greater than zero, then you may select one of the following non-forfeiture options by written request:
When a non-forfeiture option is elected, any rider(s) attached to this certificate will terminate.
If the insured dies before a non-forfeiture request becomes effective, we will void your request for that non-forfeiture option and pay the death benefit pursuant to this certificate.
METHOD OF CALCULATION
Cash values and paid-up benefits are computed based on the Standard Non-forfeiture Method using the applicable Commissioners Standard Ordinary (CSO) mortality table and maximum interest rate allowed by law at the time of the certificate effective date. This method is stated in the insurance laws of the state where the policy is delivered. The values are not less than the minimums required by the Standard Non-forfeiture law of the state where the policy is delivered.
PAYMENTS BY US AND RIGHT TO DEFER PAYMENT
We have the right to wait up to 6 months after written notice to us before we:
GENERAL PROVISIONS
TERMINATION OF COVERAGE
Subject to the Portability Privilege provision, this certificate terminates on the earliest of:
CONTINUATION OF COVERAGE DURING TOTAL DISABILITY
If an insured is totally disabled, the certificate holder may continue coverage during the insured’s total disability by timely payment to the policyholder of that portion, if any, of the premium that would have been required had the insured’s total disability not occurred. The continuation will be on a premium-paying basis for a period of 6 months from the date the insured’s total disability started, but coverage will not continue beyond termination of this policy.
INCONTESTABILITY
Any statement made by you will be considered a representation and not a warranty. No statements will be used to void coverage, reduce benefits, or deny a claim unless it is included in the enrollment form and/or evidence of insurability form for this certificate, which has been signed by you and a copy of such statement has been given to you or your beneficiary. No such statement will be used to contest this coverage after it has been in force for 2 years from its effective date.
SUICIDE EXCLUSION
If the insured or a rider insured commits suicide, while sane or insane, within 2 years after the effective date of coverage for that person, the death benefit is limited to the premiums paid for that person’s coverage.
MISSTATEMENT OF AGE
If the insured’s age is misstated and this misstatement impacts the rate calculation, the death benefit amount will be adjusted using the correct age in accordance with any applicable Internal Revenue Code requirements.
NON-PARTICIPATING
This certificate does not share in surplus distribution.
COMPLIANCE WITH FEDERAL LAWS
We reserve the right to amend the policy and this certificate to comply with:
We will give you a copy of any such amendment(s).
The policy and this certificate are intended to qualify as life insurance under the Internal Revenue Code. Accordingly, the provisions of the policy and this certificate are to be interpreted, and will be administered by us, to ensure tax qualification.
RECEIPT OF PREMIUMS
You will be given credit for premiums under this certificate and any attached rider(s) at the time the premiums are actually received by us or our authorized agent. The policyholder and financial institutions (such as banks and credit unions) who send the premiums to us directly at the employee’s or member’s request are not our agents, and premiums paid by those parties are not credited until actually received by us.
COOPERATION OF BENEFICIARY
The beneficiary must reasonably cooperate during any investigation and/or adjudication of a claim. This includes the authorization for the release of medical records and other information.
APPEALS PROCEDURE
The certificate holder, or his or her beneficiary, has the right to appeal any denial of benefits under this certificate, or any attached rider(s), up to two times. A written request for review must be submitted to us at 1776 American Heritage Life Drive, Jacksonville, Florida 32224-6687 within 60 days of the denial of benefits.
LEGAL ACTION
Prior to filing any legal action for benefits under this certificate or any attached rider(s), the certificate holder or his or her beneficiary must appeal the denial of such benefit.
The time limit on legal actions for loss covered by this certificate is subject to applicable law in the state where the policy was issued.
ACCELERATED DEATH BENEFIT FOR LONG TERM CARE WITH EXTENSION OF BENEFITS RIDER
TAX QUALIFICATION NOTICE: This rider is intended to provide a qualified accelerated death benefit that is excluded from gross income for federal income tax purposes under the applicable provisions of the Internal Revenue Code in existence at the time this rider is issued. To that end, the provisions of this rider and the certificate are to be interpreted to ensure or maintain such tax qualification, notwithstanding any other provision to the contrary. We reserve the right to amend this rider or the certificate to reflect any clarifications that may be needed or are appropriate to maintain such tax qualification or to conform this rider or the certificate to any applicable changes in such tax qualification requirements. We will send you a copy of any such amendment. If you refuse such an amendment, it must be by giving us written notice, and your refusal may result in adverse tax consequences. Whether any tax liability may be incurred when benefits are paid under this rider could depend on whether you are also the insured and how the Internal Revenue Service interprets applicable provisions of the Internal Revenue Code. As with any tax matter, you and any other recipient of this benefit should each consult his or her own tax advisor to evaluate any tax impact of this benefit.
Receipt of an accelerated death benefit MAY AFFECT MEDICAID and SUPPLEMENTAL SECURITY INCOME (“SSI”) eligibility. Without exercising this option, the mere fact that this Accelerated Death Benefit for Long Term Care with Extension of Benefits Rider is part of the certificate will not in and of itself affect the eligibility for these government programs. However, exercising this option before you apply for these programs, or when you are is receiving government benefits, may affect your continued eligibility. Contact the Medicaid Unit of the local Department of Public Welfare and Social Security Administration Office for more information.
CAUTION: The issuance of this rider is based on your responses to the questions on your enrollment form and/or evidence of insurability form. A copy of your enrollment form and/or evidence of insurability form is attached. If your answers are incorrect or untrue, then we have the right to deny benefits or to rescind your coverage under this rider. The best time to clear up any questions is now, before a claim arises! If, for any reason, any of your answers are incorrect or untrue, please contact us at the address shown above.
NOTICE TO BUYER: This rider may not cover all of the costs associated with long term care incurred by the buyer during the period of coverage. The buyer is advised to review carefully all limitations of this rider as well as those of the certificate to which it is attached.
This rider is issued in consideration of the rider premium and the written request for this rider. This rider is a part of the certificate and is effective as of the rider effective date. Every definition, term, condition, and provision of the certificate applies to this rider, unless otherwise defined or provided in this rider.
This rider does not have a cash value or loan value.
DEFINITIONS
Activities of daily living (ADLs) mean activities used to measure the insured’s impairment due to being chronically ill. ADLs are any of the following:
Adult day care means a program for 6 or more individuals, of social and health-related services provided during the day in a community group setting for the purpose of supporting persons who are chronically ill and can benefit from care in a group setting outside the home.
Adult day care center means a facility or part of a facility that provides adult day care and is appropriately licensed or certified to provide such services (if required by the jurisdiction in which it is operating).
Assisted living facility means a facility that is primarily engaged in providing ongoing care and related services to at least 10 inpatients in one location and meets all of the following criteria:
Chronically ill means the insured has been certified by a licensed health care practitioner within the preceding 12 month period as:
Cognitive impairment means a deficiency in the insured’s:
This deficiency must be to such a degree as to require supervision 24 hours a day to maintain the safety of the insured or others. A diagnosis of cognitive impairment must be confirmed by clinical evidence and testing that reliably measures impairment.
Confined or confinement means admitted as an inpatient in an assisted living facility or nursing care facility for which a room and board charge is made by the facility. It does not include confinement for an observation room or a fractional part of a day.
Day means a 24 hour period which begins and ends at 12:01 a.m.
Death benefit amount means the death benefit amount of a certificate. This does not include the death benefit for any riders that may be attached to a certificate.
Elimination period means the number of days at the beginning of a period of care for which benefits are not payable under this rider. The number of days in the elimination period for this rider is 90. In order for a day to count as a day in the elimination period, the following requirements must be met:
Home means:
A home does not include a nursing care facility, a hospital, or a hospice care facility.
Home health care means medical and non-medical services provided in the insured’s home by a home health care practitioner in accordance with a plan of care.
Home health care does not include the following:
Home health care agency means an agency or organization which:
Home health care practitioner means an individual who is qualified to provide home health care, including the following:
A practitioner whose specialty is not listed above may be used if the practitioner meets the requirements below. A home health care practitioner must:
A home health care practitioner must not:
Inpatient means an insured who is a resident patient using the room and board facilities of an assisted living facility or nursing care facility.
Licensed health care practitioner means a physician or any registered professional nurse, licensed social worker, or other individual who meets such requirements as described by the Secretary of the Treasury. A licensed health care practitioner must not be a family member by blood, marriage, or adoption.
Maintenance or personal care services means any care the primary purpose of which is to provide needed assistance with any of the ADLs as a result of the insured being chronically ill (including the protection from threats to health and safety due to severe cognitive impairment).
Monthly benefit period means the time period upon which benefit payments are based.
The first monthly benefit period during a period of care begins the day after the elimination period is satisfied and ends on the day before the next monthly date. Each subsequent monthly benefit period begins on the monthly date after the last monthly benefit period ended and ends on the day before the next monthly date. Each day in a period of care after the elimination period is satisfied applies to one monthly benefit period only.
Nursing care facility means a facility that meets all of the following standards:
Period of care means the period that begins on the first day the insured incurs a charge for qualified long term care services covered under this rider. It ends when, for a period of 180 consecutive days, the insured has not:
Plan of care means a written individualized plan of care or services prepared by a licensed health care practitioner that specifies:
Pre-existing condition means a condition, including a condition not diagnosed or identified, for which:
Qualified confined care services means necessary diagnostic, preventive, therapeutic, curing, treating, mitigating and rehabilitative services, and maintenance or personal care services which are required by a chronically ill individual and are provided by, and pursuant to a plan of care prescribed by, a licensed health care practitioner in an assisted living facility or nursing care facility.
Qualified long term care services mean qualified confined care services and qualified non-confined care services.
Qualified non-confined care services mean necessary diagnostic, preventive, therapeutic, curing, treating, mitigating and rehabilitative services, and maintenance or personal care services which are required by a chronically ill individual and are provided by a home health care practitioner, and pursuant to a plan of care prescribed by a licensed health care practitioner, by means of home health care or adult day care.
Rider effective date means the effective date of coverage under this rider. The rider effective date is the certificate effective date.
CONDITIONS ON ELIGIBILITY FOR BENEFITS
Eligibility for benefits under this rider is satisfied when all of the following conditions are met:
We may periodically require certification that the insured is chronically ill, but not more than once every 90 days.
The benefits payable under this rider are voluntary and are not intended to cause an involuntary reduction of the death benefit ultimately payable to the beneficiary. Therefore, the benefits are not available if the insured is:
PRE-EXISTING CONDITION LIMITATION
We do not pay benefits under this rider for a period of care that begins in the first 6 months after the rider effective date if a pre-existing condition causes the insured to be chronically ill. This limitation does not apply to a period of care that begins more than 6 months after the rider effective date that is caused by a pre-existing condition.
MONTHLY ACCELERATED DEATH BENEFIT
We will accelerate a portion of the death benefit for each monthly benefit period or fraction thereof during which the insured is eligible for benefits. The maximum monthly accelerated death benefit amount is equal to the lesser of:
If a full month of qualified long term care services was received, we will accelerate the maximum monthly accelerated death benefit amount. If the insured is confined for only a fraction of a monthly benefit period, we will accelerate a pro rata amount for each day of confinement within that monthly benefit period. If the insured receives qualified non-confined care services less than 4 times during a monthly benefit period, we will accelerate a pro rata amount for each day of the monthly benefit period that qualified non-confined care services were received. In no instance will we accelerate more than the maximum monthly accelerated death benefit amount, as calculated above.
The death benefit available for acceleration does not include the amount of any Accidental Death Benefit or Term Rider(s).
If the insured satisfies the conditions stated in the Conditions on Eligibility for Benefits provision, we will pay a monthly benefit to you upon our receipt of:
The monthly benefit payable to you as a result of the monthly acceleration of death benefit is equal to:
MONTHLY EXTENSION OF ACCELERATED DEATH BENEFITS
We will increase the death benefit for the monthly benefit period, or fraction thereof, during which the insured is eligible for benefits and the Monthly Accelerated Death Benefit is to become exhausted. For subsequent monthly benefit periods, or fractions thereof, during which the insured continues to be eligible for benefits, we will increase the death benefit amount and simultaneously accelerate this incremental death benefit amount.
The monthly increase for the death benefit amount and the amount for the monthly accelerated death benefit amount is equal to the lesser of:
The aggregate amount of the increased death benefit amounts under the Monthly Extension of Accelerated Death Benefits provision will not exceed the death benefit amount on the day the elimination period is first satisfied.
If a full month of qualified long term care services was received, we will increase the death benefit amount by and accelerate the maximum monthly accelerated death benefit amount. If the insured is confined for only a fraction of a monthly benefit period, we will increase and accelerate a pro rata amount for each day of confinement within that monthly benefit period. If the insured receives qualified non-confined care services less than 4 times during a monthly benefit period, we will increase and accelerate a pro rata amount for each day of the monthly benefit period that qualified non-confined care services were received. In no instance will we increase and accelerate more than the maximum monthly accelerated death benefit amount, as calculated above.
The death benefit available for acceleration does not include the amount of any Accidental Death Benefit or Term Rider(s).
If the insured satisfies the conditions stated in this provision and in the Conditions on Eligibility for Benefits provision, we will pay a benefit to you upon our receipt of:
The monthly benefit payable to you as a result of the extension of accelerated death benefits is equal to:
EFFECT OF MONTHLY PAYMENT
When a monthly accelerated death benefit is paid:
While the insured is eligible for monthly benefits under this rider, no change to existing riders may be requested nor may new riders be added.
The payment of monthly benefits under this rider will not affect any Accidental Death Benefit or Term Rider(s).
EFFECT ON CERTIFICATE AND RIDER(S) WHEN RIDER BENEFITS NO LONGER PAYABLE
If the certificate’s death benefit amount has been totally accelerated and monthly extension of accelerated death benefits are no longer payable, then the certificate and any rider(s) will terminate with no further benefits payable.
DEATH BEFORE MONTHLY PAYMENT
If the insured dies before we pay an accelerated death benefit, we will void your request for that accelerated death benefit and pay the death benefit pursuant to the certificate.
ORDER IN WHICH REQUESTS ARE APPLIED
If you request payment of the accelerated death benefit under this rider and any other rider(s), we will pay the accelerated death benefit under each rider based on the order in which the requests are received.
EXCLUSIONS
We will not pay benefits under this rider for that portion of any day of qualified long term care services that are:
PREMIUMS
The premium for this rider is shown in the certificate.
WAIVER OF PREMIUMS
For each certificate month the insured receives monthly benefits under this rider, we will waive the premium for the certificate and all riders attached to the certificate. This waiver is in lieu of any other premium waiver benefit provided by a certificate or a rider attached to a certificate.
REINSTATEMENT
This rider will be reinstated, upon lapse, if proof is provided that you were cognitively impaired or had a loss of functional capacity before the grace period contained in the certificate expired. This request, and submission of all past due premiums, must be made within 5 months after termination. Proof of cognitive impairment or loss of functional capacity will be on the same basis as the benefit eligibility criteria for cognitive impairment or loss of functional capacity as described in this rider.
INCONTESTABILITY
If this rider has been in force for a period of less than 6 months, we may rescind this rider or deny an otherwise valid claim upon a showing of misrepresentation that is material to the acceptance of coverage.
If this rider has been in force for a period of at least 6 months, but less than 2 years, we may rescind this rider or deny an otherwise valid claim upon a showing of misrepresentation that is both material to the acceptance of coverage and which pertains to the condition for which benefits are sought.
After this rider has been in force for a period of 2 years, it becomes incontestable upon the grounds of material misrepresentation alone. This rider may be contested only upon a showing that the insured knowingly and intentionally misrepresented material facts relating to the insured’s health.
REPRESENTATION AND NOT WARRANTY
Any statement made by you will be considered a representation and not a warranty.
APPEALS PROCESS
If you wish to file an appeal regarding a denial of claim, you must send a written request to us within 60 days of receiving our notification of denial. We will complete our review of your appeal within 60 days after receiving your appeal. The review period may be extended up to 120 days. You will receive advance written notice if the period is extended.
TERMINATION
Coverage under this rider terminates at the earliest of:
Coverage will not lapse or terminate due to nonpayment of premiums unless we, at least 30 days before the effective date of the lapse or termination, give notice to you and to those persons designated by you to receive the notice of lapse or termination. Notice must be given by first class United States mail, postage prepaid, and notice may not be given until 30 days after a premium is due and unpaid. Notice is considered to have been given as of 5 days after the date of mailing.
Termination will not prejudice the payment of an accelerated death benefit if the insured was chronically ill and receiving qualified long term care services while this rider was still in force.