31.09.13.04

.04 Definitions.

A. In this chapter, the following terms have the meanings indicated.

B. Terms Defined.

(1) Active Duty.

(a) "Active duty" means full-time duty in the active military service of the United States and includes members of the reserve component, National Guard and Reserve, while serving under published orders for active duty or full-time training.

(b) "Active duty" 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 31 calendar days.

(2) "Annuity" means annuity as defined in Insurance Article, §1-101(d), Annotated Code of Maryland.

(3) "Department of Defense (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" has the meaning stated in Insurance Article, §1-101(u), Annotated Code of Maryland.

(7) "Insurer" has the meaning stated in Insurance Article, §1-101(v), Annotated Code of Maryland.

(8) "Known" or "knowingly" means, depending on its use in this chapter, 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:

(a) Is a service member; or

(b) Is a service member with a pay grade of E-4 or below.

(9) "Life insurance" has the meaning stated in Insurance Article, §1-101(x), Annotated Code of Maryland.

(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 officer, commissioned and warrant, or enlisted member of the United States Armed Forces.

(13) Side Fund.

(a) "Side fund" means a fund or reserve 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.

(b) "Side fund" does not include:

(i) Accumulated value or cash value or secondary guarantees provided by a universal life policy;

(ii) Cash values provided by a whole life policy which are subject to standard nonforfeiture law for life insurance; or

(iii) A premium deposit fund which contains only premiums paid in advance which accumulate at interest, imposes no penalty for withdrawal, does not permit funding beyond future required premiums, is not marketed or intended as an investment, and does not carry a commission, either paid or calculated.

(14) "Specific appointment" means a prearranged appointment agreed upon by both parties and definite as to place and time.

(15) "United States Armed Forces" means all components of the Army, Navy, Air Force, Marine Corps, and Coast Guard.