Code of Massachusetts Regulations
211 CMR - DIVISION OF INSURANCE
Title 211 CMR 59.00 - Term and Universal Life Insurance Reserve Financing
Section 59.03 - Exemptions from 211 CMR 59.00

Universal Citation: 211 MA Code of Regs 211.59

Current through Register 1531, September 27, 2024

211 CMR 59.00 does not apply to the situations described in 211 CMR 59.03(1) through (6).

(1) Reinsurance of:

(a) Policies that satisfy the criteria for exemption set forth in 211 CMR 29.06(6): Optional Exemption for Attained-Age-Based Yearly Renewable Term (YRT) Life Insurance Policies or 211 CMR 29.06(7): Exemption from Unitary Reserves for Certain n-Year Renewable Term Life Insurance Policies and which are issued before January 6, 2023.

(b) Portions of policies that satisfy the criteria for exemption set forth in 211 CMR 29.06(5): Optional Exemption for Yearly Renewable Term (YRT) Reinsurance and which are issued before January 6, 2023.

(c) Any universal life policy that meets all of the following requirements:
1. Secondary guarantee period, if any, is five years or less;

2. Specified premium for the secondary guarantee period is not less than the net level reserve premium for the secondary guarantee period based on the Commissioners Standard Ordinary (CSO) valuation tables and valuation interest rate applicable to the issue year of the policy; and

3. The initial surrender charge is not less than 100% of the first year annualized specified premium for the secondary guarantee period;

(d) Credit life insurance;

(e) Any variable life insurance policy that provides for life insurance, the amount or duration of which varies according to the investment experience of any separate account or accounts; or

(f) Any group life insurance certificate unless the certificate provides for a stated or implied schedule of maximum gross premiums required in order to continue coverage in force for a period in excess of one year.

(2) Reinsurance ceded to an assuming insurer that meets the applicable requirements of M.G.L. c. 175, § 20A(1)(D); or

(3) Reinsurance ceded to an assuming insurer that meets the applicable requirements of M.G.L. c. 175, §§ 20A(1)(A), 20A(1)(B) or 20A(1)(C), and that, in addition:

(a) Prepares statutory financial statements in compliance with the National Association of Insurance Commissioners ("NAIC") Accounting Practices and Procedures Manual, without any departures from NAIC statutory accounting practices and procedures pertaining to the admissibility or valuation of assets or liabilities that increase the assuming insurer's reported surplus and are material enough that they need to be disclosed in the financial statement of the assuming insurer pursuant to Statement of Statutory Accounting Principles No. 1; and

(b) Is not in a Company Action Level Event, Regulatory Action Level Event, Authorized Control Level Event, or Mandatory Control Level Event as those terms are defined in 211 CMR 20.00: Risk-based Capital (RBC) for Insurers when its risk-based capital ("RBC") is calculated in accordance with the life risk-based capital report including overview and instructions for companies, as the same may be amended by the NAIC from time to time, without deviation; or

(4) Reinsurance ceded to an assuming insurer that meets the applicable requirements of M.G.L. c. 175, § 20A(1)(A), 20A(1)(B) or 20A(1)(C), and that, in addition:

(a) Is not an affiliate, as that term is defined in M.G.L. c. 175, § 206, of:
1. The insurer ceding the business to the assuming insurer; or

2. Any insurer that directly or indirectly ceded the business to that ceding insurer;

(b) Prepares statutory financial statements in compliance with the NAIC Accounting Practices and Procedures Manual;

(c) Is both:
1. Licensed or accredited in at least ten states (including its state of domicile), and

2. Not licensed in any state as a captive, special purpose vehicle, special purpose financial captive, special purpose life reinsurance company, limited purpose subsidiary, or any other similar licensing regime; and

(d) Is not, or would not be, below 500% of the Authorized Control Level RBC as that term is defined in 211 CMR 20.00: Risk-based Capital (RBC) for Insurers when its RBC is calculated in accordance with the life risk-based capital report including overview and instructions for companies, as the same may be amended by the NAIC from time to time, without deviation, and without recognition of any departures from NAIC statutory accounting practices and procedures pertaining to the admission or valuation of assets or liabilities that increase the assuming insurer's reported surplus; or

(5) Reinsurance ceded to an assuming insurer that meets the requirements of M.G.L. c. 175, § 20A(5)(B)(iv); or

(6) Reinsurance not otherwise exempt under 211 CMR 59.03(1) through (5) if the Commissioner, after consulting with the NAIC Financial Analysis Working Group or other group of regulators designated by the NAIC, as applicable, determines under all the facts and circumstances that all of the following apply:

(a) The risks are clearly outside of the intent and purpose of 211 CMR 59.00 as described in 211 CMR 59.01.

(b) The risks are included within the scope of 211 CMR 59.00 only as a technicality; and

(c) The application of 211 CMR 59.00 to those risks is not necessary to provide appropriate protection to policyholders. The Commissioner shall publicly disclose any decision made pursuant to 211 CMR 59.03(6) exempt a reinsurance treaty from 211 CMR 59.00, as well as the general basis therefore, including a summary description of the treaty.

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