(1) Reserve
liabilities for variable life insurance policies shall be established in
accordance with the provisions of M.G.L. c. 175, §§ 9, 132F and 132G
and in accordance with actuarial procedures that recognize the variable nature
of the benefits provided and any mortality guarantees, including the cost of
insurance charges guaranteed under the contract.
(2) Reserve liabilities for any guaranteed
minimum death benefit shall be the reserve needed to provide for the
contingency of death occurring when the guaranteed minimum death benefit
exceeds the death benefit that would be paid in the absence of the guarantee,
and shall be maintained in the general account of the insurer and shall be not
less than the greater of the following minimum reserves:
(a) the aggregate total of the term costs, if
any, covering a period of one full year from the valuation date, or, if less,
covering the period provided for in the guarantee not otherwise provided for by
the reserves held in the separate account, on each variable life insurance
contract, assuming an immediate one-third depreciation in the current value of
the assets of the separate account followed by a net investment return equal to
the assumed investment rate; or
(b)
the aggregate total of the "attained age level" reserves on each variable life
insurance contract. The "attained age level" reserve on each variable life
insurance contract shall not be less than zero and shall equal the "residue" as
described in 211 CMR 95.10(2)(b)1., of the prior year's "attained age level"
reserve on the contract, with any such "residue" increased or decreased by a
payment computed on an attained age basis as described in 211 CMR
95.10(2)(b)2.:
1. the "residue" of the prior
year's "attained age level" reserve on each variable life insurance contract
shall not be less than zero and shall be determined by adding interest at the
valuation interest rate to such prior year's reserve, deducting the tabular
claims based on the "excess," if any, of the guaranteed minimum death benefit
over the death benefit that would be payable in the absence of such guarantee,
and dividing the net result by the tabular probability of survival. The
"excess" referred to in the preceding sentence shall be based on the actual
level of death benefits that would have been in effect during the preceding
year in the absence of the guarantee, taking appropriate account of the reserve
assumptions regarding the distribution of death claim payments over the
year;
2. the payment referred to in
211 CMR 95.10(2)(b) shall be computed so that the present value of a level
payment of that amount each year over the future period for which charges for
this risk will be collected under the contract is equal to (A) minus (B) minus
(C), where (A) is the present value of the future guaranteed minimum death
benefits, (B) is the present value of the future death benefits that would be
payable in the absence of such guarantee, and (C) is any "residue," as
described in 211 CMR 95.10(2)(b)1., of the prior year's "attained age level"
reserve on such variable life insurance contract. If no future charges for this
risk will be collected under the contract, the payment shall equal (A) minus
(B) minus (C). The amounts of future death benefits referred to in (B) shall be
computed assuming a net investment return of the separate account which may
differ from the assumed investment rate and/or the valuation interest rate but
in no event may exceed the maximum interest rate permitted for the valuation of
life insurance contracts;
(c) the valuation interest rate and mortality
table used in computing the minimum reserves described in 211 CMR 95.10(2)(a)
and 95.10(2)(b) shall conform to permissible standards for the valuation of
life insurance contracts. In determining such minimum reserve, the company may
employ suitable approximations and estimates, including but not limited to
groupings and averages.
(3) Reserve liabilities for all fixed
incidental insurance benefits and any guarantees associated with variable
incidental insurance benefits shall be maintained in the general account, and
reserve liabilities for all variable aspects of the variable incidental
insurance benefits shall be maintained in a separate account, in amounts
determined in accordance with the actuarial procedures appropriate to such
benefit. Reserve liabilities shall be at least equal to the cash surrender
value.
