| (C) state or imply that the payment or amount of non-guaranteed elements is guaranteed; (D) use an illustration that does not comply with the requirements of this Subchapter; (E) use an illustration that at any policy duration depicts policy performance more favorable to the policy owner than that produced by the illustrated scale of the insurer whose policy is being illustrated; (F) provide an applicant with an incomplete illustration; (G) represent in any way that premium payments will not be required for each year of the policy in order to maintain the illustrated death benefits, unless that is the fact; (H) use the term "vanish" or "vanishing premium," or a similar term that implies the policy becomes paid up, to describe a plan for using non-guaranteed elements to pay a portion of future premiums; (I) except for
policies that can never develop nonforfeiture values, use an illustration that is "lapse-supported;" (J) use an illustration that is not "self-supporting;" (K) use an illustration or the software supporting it unless the illustration and the supporting software have been approved by the insurer in accordance or consistent with §21.122 of this title (relating to System of Control and Home Office Approval of Advertising Material Naming an Insurer); or (L) use an illustration on a policy not identified by the insurer as one to be marketed with an illustration. (3) Interest rate for non-guaranteed elements; persistency bonuses. The interest rate used to determine the illustrated non-guaranteed elements shall not be greater than the lesser of the earned interest rate underlying the disciplined current scale or the interest rate for the currently payable scale. No illustration shall depict a persistency
bonus, a specified additional amount or specified reduction in mortality costs or expenses in a specified policy year, after the first policy year, unless such bonus, additional amount or reduction is an express obligation of the insurer in the contract or policy and meets the lapse-support and self-supporting tests as required by this subchapter.
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