(a)Actuarial
Method. The actuarial method to establish the required level of primary
security for each reinsurance contract subject to sections 38a-88-13 to
38a-88-19, inclusive, of the Regulations of Connecticut State Agencies shall be
VM-20, applied on a contract-by-contract basis including all relevant
definitions from the valuation manual as then in effect, applied as follows:
(1) For covered policies described in section
38a-88-14(3)(A) of the Regulations of Connecticut State Agencies, the actuarial
method is the greater of the deterministic reserve or the net premium reserve
regardless of whether the criteria for exemption testing can be met. However,
if the covered policies do not meet the requirements of the stochastic reserve
exclusion test in the valuation manual, then the actuarial method is the
greatest of the deterministic reserve, the stochastic reserve or the net
premium reserve. In addition, if such covered policies are reinsured in a
reinsurance contract that also contains covered policies described in section
38a-88-14(3)(B) of the Regulations of Connecticut State Agencies, the ceding
insurer may elect to instead use subdivision (2) of this subsection as the
actuarial method for the entire reinsurance agreement. Whether this subdivision
or subdivision (2) of this subsection is used, the actuarial method must comply
with any requirements or restrictions that the valuation manual imposes when
aggregating these policy types for the purposes of principle-based reserve
calculations.
(2) For covered
policies described in section 38a-88-14(3)(B) of the Regulations of Connecticut
State Agencies, the actuarial method is the greatest of the deterministic
reserve, the stochastic reserve or the net premium reserve regardless of
whether the criteria for exemption testing can be met.
(3) Except as provided in subdivision (4) of
this subsection, the actuarial method is to be applied on a gross basis to all
risks with respect to the covered policies as originally issued or assumed by
the ceding insurer.
(4) If the
reinsurance contract cedes less than one hundred percent (100%) of the risk
with respect to the covered policies then the required level of primary
security may be reduced as follows:
(A) If the
reinsurance contract cedes only a quota share of some or all of the risks
pertaining to the covered policies, the required level of primary security, as
well as any adjustment under subparagraph (C) of this subdivision, may be
reduced to a pro rata portion in accordance with the percentage of the risk
ceded;
(B) If the reinsurance
contract in a non-exempt arrangement cedes only the risks pertaining to a
secondary guarantee, the required level of primary security may be reduced by
an amount determined by applying the actuarial method on a gross basis to all
risks, other than risks related to the secondary guarantee, pertaining to the
covered policies, except that for covered policies for which the ceding insurer
did not elect to apply the provisions of VM-20 to establish statutory reserves,
the required level of primary security may be reduced by the statutory reserve
retained by the ceding insurer on those covered policies, where the retained
reserve of those covered policies should be reflective of any reduction
pursuant to the cession of mortality risk on a yearly renewable term basis in
any exempt arrangement;
(C) If a
portion of the covered policy risk is ceded to another reinsurer on a yearly
renewable term basis in an exempt arrangement, the required level of primary
security may be reduced by the amount resulting by applying the actuarial
method, including the reinsurance section of VM-20, to the portion of the
covered policy risks ceded in the exempt arrangement, except that for covered
policies issued prior to January 1, 2017, this adjustment is not to exceed
where cx is calculated using the same mortality table
used in calculating the net premium reserve; and
(D) For any other contract ceding a portion
of risk to a different reinsurer, including but not limited to stop loss,
excess of loss and other non-proportional reinsurance treaties, there shall be
no reduction in the required level of primary security.
(5) It is possible for any combination of
subparagraphs (A), (B), (C) and (D) of subdivision (4) of this subsection to
apply Such adjustments to the required level of primary security shall be done
in the sequence that accurately reflects the portion of the risk ceded via the
contract. The ceding insurer shall document the rationale and steps taken to
accomplish the adjustments to the required level of primary security due to the
cession of less than one hundred percent (100%) of the risk. The adjustments
for other reinsurance shall be made only with respect to reinsurance treaties
entered into directly by the ceding insurer. The ceding insurer shall make no
adjustments as a result of a retrocession contract entered into by the assuming
insurers.
(6) In no event shall the
required level of primary security resulting from application of the actuarial
method be required to exceed the amount of statutory reserves ceded.
(7) If the ceding insurer cedes risks with
respect to covered policies, including any riders, in more than one reinsurance
contract subject to sections 38a-88-13 to 38a-88-19, inclusive, of the
Regulations of Connecticut State Agencies, in no event shall the aggregate
required level of primary security for those reinsurance treaties be less than
the required level of primary security calculated using the actuarial method as
if all risks ceded in those treaties were ceded in a single contract subject to
sections 38a-88-13 to 38a-88-19, inclusive, of the Regulations of Connecticut
State Agencies.
(8) If a
reinsurance contract subject to sections 38a-88-13 to 38a-88-19, inclusive, of
the Regulations of Connecticut State Agencies cedes risk on both covered
policies and non-covered policies, credit for the ceded reserves shall be
determined as follows:
(A) The actuarial
method shall be used to determine the required level of primary security for
the covered policies, and section 38a-88-16 of the Regulations of Connecticut
State Agencies shall be used to determine the reinsurance credit for the
covered policy reserves; and
(B)
Credit for the non-covered policy reserves shall be granted only to the extent
that security, in addition to the security held to satisfy the requirements of
subparagraph (A) of this subdivision, is held by or on behalf of the ceding
insurer in accordance with sections 38a-85 and 38a-86 of the Connecticut
General Statutes. Any primary security used to meet the requirements of this
subparagraph may not be used to satisfy the required level of primary security
for the covered policies.
(b)
Valuation Used for Purposes of
Calculations. For the purposes of both calculating the required level of
primary security pursuant to the actuarial method and determining the amount of
primary security and other security, as applicable, held by or on behalf of the
ceding insurer, the following shall apply:
(1)
For assets, including any such assets held in trust, that would be admitted
under the NAIC Accounting Practices and Procedures Manual if they were held by
the ceding insurer, the valuations are to be determined according to statutory
accounting procedures as if such assets were held in the ceding insurer's
general account and without taking into consideration the effect of any
prescribed or permitted practices; and
(2) For all other assets, the valuations are
to be those that were assigned to the assets for the purpose of determining the
amount of reserve credit taken. In addition, the asset spread tables and asset
default cost tables required by VM-20 shall include in the actuarial method if
adopted by the NAIC's Life Actuarial (A) Task Force, no later than the December
31st on or immediately preceding the valuation date for which the required
level of primary security is being calculated. The tables of asset spreads and
asset default costs shall be incorporated into the actuarial method in the
manner specified in VM-20.