Nevada Administrative Code
Chapter 681A - Kinds of Insurance; Reinsurance
Section 681A.Sec. 19 - NEW
Current through September 16, 2024
1. Except as otherwise provided in this subsection, for a covered policy described in subsection 1 of section 8, the actuarial method is the greater of the deterministic reserve or the net premium reserve as set forth in the Valuation Manual, regardless of whether the criteria for exemption testing can be met. If the covered policy does not meet the requirements of the stochastic reserve exclusion test as set forth in the Valuation Manual, the actuarial method is the greatest of the deterministic reserve, the stochastic reserve or the net premium reserve, as set forth in the Valuation Manual. If a covered policy described in this subsection is reinsured in a reinsurance treaty that also contains a covered policy described in subsection 2 of section 8, the ceding insurer may elect to use the actuarial method described in subsection 2 for the entire reinsurance agreement. Any actuarial method used pursuant to this subsection must comply with the requirements and restrictions that the Valuation Manual imposes on the aggregation of different types of covered policies for purposes of principle-based reserve calculations.
2. For a covered policy described in subsection 2 of section 8, the actuarial method is the greatest of the deterministic reserve, the stochastic reserve or the net premium reserve as set forth in the Valuation Manual, regardless of whether the criteria for exemption testing can be met.
3. Except as otherwise provided in subsection 4, the actuarial method must be applied on a gross basis to all risks with respect to a covered policy as originally issued or assumed by the ceding insurer.
4. Except as otherwise provided in subsection 5, if a reinsurance treaty cedes less than 100 percent of the risk pertaining to its covered policies, the required level of primary security may be reduced as follows:
5. If a reinsurance treaty cedes a portion of risk to a different reinsurer, including, without limitation, stop loss, excess of loss or any other nonproportional reinsurance treaty, the required level of primary security may not be reduced.
6. If more than one of the scenarios described in paragraph (a), (b) or (c) of subsection 4 or in subsection 5 applies to a reinsurance treaty, any adjustment to the required level of primary security must be done in the order that accurately reflects the portion of the risk ceded via the treaty. 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 100 percent of the risk. The adjustments for other reinsurance will be made only with respect to reinsurance treaties entered into directly by the ceding insurer. The ceding insurer may not make an adjustment as a result of a retrocession treaty entered into by the assuming insurers.
7. Regardless of the actuarial method applied pursuant to this section, the required level of primary security may never exceed the amount of statutory reserves ceded.
8. If the ceding insurer cedes risks pertaining to covered policies in more than one reinsurance treaty, including, without limitation, any riders, the aggregate required level of primary security for such reinsurance treaties may not be less than the required level of primary security calculated using the actuarial method if all risks ceded in those treaties were ceded in a single reinsurance treaty.
9. If a reinsurance treaty cedes risk on both covered policies and noncovered policies, credit for the ceded reserves must be determined as follows:
10. For the purposes of calculating the required level of primary security pursuant to this section and determining the amount of primary security and other security, as applicable, held by or on behalf of the ceding insurer, the following conditions and limitations shall apply:
Added to NAC by Comm'r of Insurance by R187-22A, eff. 12/14/2022
NRS 679B.130, 681A.130, 681A.145