a) Basic
Reserves
1) At the election of the company
for any one or more specified plans of life insurance, the minimum mortality
standard for basic reserves may be calculated using the 1980 CSO valuation
tables with select mortality factors.
2) If select mortality factors are elected,
they may be:
A) The 10-year select mortality
factors incorporated into the 1980 amendments to the NAIC Standard Valuation
Law; or
B) The select mortality
factors found in Appendix A.
b) Deficiency Reserves
Deficiency reserves, if any, are calculated for each policy as
the excess, if greater than zero, of the quantity A over the basic reserve. The
quantity A is obtained by recalculating the basic reserve for the policy using
guaranteed gross premiums instead of net premiums when the guaranteed gross
premiums are less than the corresponding net premiums. At the election of the
company for any one or more specified plans of insurance, the quantity A and
the corresponding net premiums used in the determination of quantity A may be
based upon the 1980 CSO valuation tables with select mortality factors. If
select mortality factors are elected, they may be:
1) The 10-year select mortality factors
incorporated into the 1980 amendments to the NAIC Standard Valuation
Law;
2) The select mortality
factors found in Appendix A; or
3)
For durations in the first segment, X percent of the select mortality factors
in Appendix A, subject to the following:
A) X
may vary by policy year, policy form, underwriting classification, issue age,
or any other policy factor expected to affect mortality experience;
B) X is such that, when using the valuation
interest rate used for basic reserves, subsection (b)(3)(B)(i) is greater than
or equal to subsection (b)(3)(B)(ii);
i) The
actuarial present value of future death benefits, calculated using the
mortality rates resulting from the application of X;
ii) The actuarial present value of future
death benefits calculated using anticipated mortality experience without
recognition of mortality improvement beyond the valuation date;
C) X is such that the mortality
rates resulting from the application of X are at least as great as the
anticipated mortality experience, without recognition of mortality improvement
beyond the valuation date, in each of the first 5 years after the valuation
date;
D) The appointed actuary
shall increase X at any valuation date when it is necessary to continue to meet
all the requirements of this subsection (b)(3);
E) The appointed actuary may decrease X at
any valuation date as long as X continues to meet all the requirements of this
subsection (b)(3);
F) The appointed
actuary shall specifically take into account the adverse effect on expected
mortality and lapsation of any anticipated or actual increase in gross
premiums; and
G) If X is less than
100% at any duration for any policy, the following requirements shall be met:
i) The appointed actuary shall annually
prepare an actuarial opinion and memorandum based on asset adequacy analysis
for the company. The actuarial opinion shall be prepared in conformance with
Section 223(1b)(B)(1) of the Code. The actuarial memorandum shall be prepared
in conformance with Section 223(1b)(A)(8) of the Code.
ii) The appointed actuary shall disclose, in
the Regulatory Asset Adequacy Issues Summary, the impact of the insufficiency
of assets to support the payment of benefits and expenses and the establishment
of statutory reserves during one or more interim periods; and
iii) The appointed actuary shall annually
opine for all policies subject to this Part as to whether the mortality rates
resulting from the application of X meet the requirements of this subsection
(b)(3). This opinion shall be supported by an actuarial report, subject to
appropriate Actuarial Standards of Practice promulgated by the Actuarial
Standards Board of the American Academy of Actuaries. The X factors shall
reflect anticipated future mortality, without recognition of mortality
improvement beyond the valuation date, taking into account relevant emerging
experience.
c) This subsection applies to both basic
reserves and deficiency reserves. Any set of select mortality factors may be
used only for the first segment. However, if the first segment is less than 10
years, the appropriate 10-year select mortality factors incorporated into the
1980 amendments to the NAIC Standard Valuation Law may be used thereafter
through the tenth policy year from the date of issue.
d) In determining basic reserves or
deficiency reserves, guaranteed gross premiums without policy fees may be used
where the calculation involves the guaranteed gross premium but only if the
policy fee is a level dollar amount after the first policy year. In determining
deficiency reserves, policy fees may be included in guaranteed gross premiums,
even if not included in the actual calculation of basic reserves.
e) Reserves for policies that have changes to
guaranteed gross premiums, guaranteed benefits, guaranteed charges, or
guaranteed credits that are unilaterally made by the insurer after issue and
that are effective for more than one year after the date of the change shall be
the greatest of the following:
1) Reserves
calculated ignoring the guarantee;
2) Reserves assuming the guarantee was made
at issue; and
3) Reserves assuming
that the policy was issued on the date of the guarantee.
f) The Director may require that the company
document the extent of the adequacy of reserves for specified blocks. This
documentation may include a demonstration of the extent to which aggregation
with other non-specified blocks of business is relied upon in the formation of
the actuarial opinion. In no event shall the aggregate reserves for all
policies, contracts, and benefits be less than the aggregate reserves
determined by the appointed actuary to be necessary to render the opinion
required by Section 223(1b) of the Code.