New Jersey Administrative Code
Title 11 - INSURANCE
Chapter 1 - ADMINISTRATION
Subchapter 21A - ACTUARIAL OPINION AND MEMORANDUM FOR LIFE/HEALTH INSURERS
Section 11:1-21A.3 - General requirements

Universal Citation: NJ Admin Code 11:1-21A.3

Current through Register Vol. 56, No. 24, December 18, 2024

(a) There shall be included on or attached to Page 1 of the annual statement for each year, beginning with 1995, and with respect to the amendments to this subchapter effective April 17, 2006 (see 38 N.J.R. 101(a) and 1737(a)), 2006, the statement of an appointed actuary, entitled "Statement of Actuarial Opinion," setting forth an opinion relating to reserves and related actuarial items held in support of policies and contracts, in accordance with N.J.A.C. 11:1-21A.4.

(b) Upon written request by the company, the Commissioner may grant an extension of the date for submission of the statement of actuarial opinion.

(c) For purposes of this subchapter, a "qualified actuary" is an individual who:

1. Is a member in good standing of the American Academy of Actuaries;

2. Is qualified to sign statements of actuarial opinion for life and health insurance company annual statements in accordance with the American Academy of Actuaries qualification standards for actuaries signing such statements;

3. Is familiar with the valuation requirements applicable to life and health insurance companies;

4. Has not been found by the Commissioner (or if so found has subsequently been reinstated as a qualified actuary), following notice and opportunity for a hearing, to have:
i. Violated any provision of, or any obligation imposed by, the insurance laws or other law in the course of his or her dealings as a qualified actuary;

ii. Been found guilty of fraudulent or dishonest practices;

iii. Demonstrated his or her incompetency, lack of cooperation, or untrustworthiness to act as a qualified actuary;

iv. Submitted to the Commissioner during the past five years, pursuant to this subchapter, an actuarial opinion or memorandum that the Commissioner rejected because it did not meet the provisions of this subchapter, including standards set by the Actuarial Standards Board; or

v. Resigned or been removed as an actuary within the past five years as a result of acts or omissions indicated in any adverse report on examination or as a result of failure to adhere to generally acceptable actuarial standards; and

5. Has not failed to notify the Commissioner of any action taken by any commissioner of any other state similar to that under (c)4 above.

(d) For purposes of this subchapter, an "appointed actuary" is a qualified actuary who is appointed or retained to prepare the statement of actuarial opinion required by this subchapter, either directly by or by the authority of the board of directors through an executive officer of the company other than the qualified actuary. The company shall give the Commissioner timely written notice of the name, title (and, in the case of a consulting actuary, the name of the firm) and manner of appointment or retention of each person appointed or retained by the company as an appointed actuary and shall state in the notice that the person meets the requirements set forth in (c) above. Once notice is furnished, no further notice is required with respect to this person, provided that the company shall give the Commissioner timely written notice in the event the actuary ceases to be appointed or retained as an appointed actuary or to meet the requirements set forth in (c) above. If any person appointed or retained as an appointed actuary replaces a previously appointed actuary, the notice shall so state and give the reasons for replacement.

(e) The asset adequacy analysis required by this subchapter shall conform to the Standards of Practice as promulgated from time to time by the Actuarial Standards Board and to any additional standards under this subchapter, which standards are to form the basis of the statement of actuarial opinion in accordance with this subchapter, and shall be based on methods of analysis as are deemed appropriate for such purposes by the Actuarial Standards Board.

(f) The statement of actuarial opinion shall apply to all in force business on the statement date, whether directly issued or assumed, regardless of when or where issued (for example, reserves and claim liabilities in the Exhibits in the Appendix incorporated herein by reference, and equivalent items in the separate account statement or statements). The statement shall utilize the appropriate Exhibits of the annual statement reflecting the item or exhibit number of the annual statement of the year for which the opinion is filed.

(g) If the appointed actuary determines as the result of asset adequacy analysis that a reserve should be held in addition to the aggregate reserve held by the company and calculated in accordance with methods set forth in N.J.S.A. 17B:19-8b, e, f and g, N.J.S.A. 17B:19-5, and N.J.A.C. 11:4-6, the company shall establish the additional reserve.

(h) Additional reserves established under (g) above and deemed not necessary in subsequent years may be released. Any amounts released shall be disclosed in the actuarial opinion for the applicable year. The release of such reserves shall not be deemed an adoption of a lower standard of valuation.

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