(1) The insurer is entitled to re-determine the agreed premium if
1. the need for benefits has changed, not only temporarily and unforeseeably, in respect of the bases for calculating the agreed premium,
2. the re-determined premium is appropriate and necessary in accordance with the amended bases of calculation in order to guarantee the continuous satisfiability of the insurance benefit, and
3. an independent trustee has examined and confirmed the bases of calculation and the conditions under nos. 1 and 2.
Any re-determination of the premium is ruled out insofar as the insurance benefits payable at the time of the first and renewed determination were insufficiently calculated, and a prudent and conscientious actuary should have recognised that fact, particularly based on the statistical bases of calculation available at that point in time.
(2) The policyholder may request that the insurance benefit be reduced accordingly instead of an increase in the premium in accordance with subsection (1). In the case of an insurance free of premium (fully paid-up insurance), the insurer is entitled to reduce the insurance benefit under the conditions set out in subsection (1).
(3) The re-determination of the insurance premium, and the reduction of the insurance benefit, become effective at the start of the second month after the policyholder has been informed about the re-determination or the reduction and the relevant reasons.
(4) The trustee does not become involved in accordance with subsection (1) sentence 1 no. 3 if the re-determination or the reduction of the insurance benefit requires the authorisation of the supervisory body.