Current through Register Vol. 56, No. 18, September 16, 2024
(a) Basic
reserves shall be calculated as the greater of the segmented reserves and the
unitary reserves. Both the segmented reserves and the unitary reserves for any
policy shall use the same valuation mortality table and selection factors. At
the option of the insurer, in calculating segmented reserves and net premiums,
either of the adjustments described in (a)1 or 2 below may be made:
1. Treat the unitary reserve, if greater than
zero, applicable at the end of each segment as a pure endowment; and subtract
the unitary reserve, if greater than zero, applicable at the beginning of each
segment from the present value of guaranteed life insurance and endowment
benefits for each segment.
2. Treat
the guaranteed cash surrender value, if greater than zero, applicable at the
end of each segment as a pure endowment; and subtract the guaranteed cash
surrender value, if greater than zero, applicable at the beginning of each
segment from the present value of guaranteed life insurance and endowment
benefits for each segment.
(b) Deficiency reserves shall be subject to
the following rules:
1. Deficiency reserves
at any duration shall be calculated in the following manner:
i. On a unitary basis if the corresponding
basic reserve determined by (a) above is unitary;
ii. On a segmented basis if the corresponding
basic reserve determined by (a) above is segmented; or
iii. On the segmented basis if the
corresponding basic reserve determined by (a) above is equal to both the
segmented reserve and the unitary reserve.
2. This subsection shall apply to any policy
for which the guaranteed gross premium at any duration is less than the
corresponding modified net premium calculated by the method used in determining
the basic reserves, but using the minimum valuation standards of mortality
(specified at
11:4-32.3(b) )
and rate of interest.
3. Deficiency
reserves, if any, shall be calculated for each policy as the excess if greater
than zero, for the current and all remaining periods, of the quantity A over
the basic reserve, where A is obtained as indicated at
11:4-32.3(b).
4. For deficiency reserves determined on a
segmented basis, the quantity A is determined using segment lengths equal to
those determined for segmented basic reserves.
(c) Basic reserves may not be less than the
tabular cost of insurance for the balance of the policy year, if mean reserves
are used. Basic reserves may not be less than the tabular cost of insurance for
the balance of the current modal period or to the paid-to-date, if later, but
not beyond the next policy anniversary, if mid-terminal reserves are used. The
tabular cost of insurance shall use the same valuation mortality table and
interest rates as that used for the calculation of the segmented reserves.
However, if select mortality factors are used, they shall be the Ten-Year
Select Mortality Factors incorporated into the 1980 amendments of the NAIC
Standard Valuation Law. In no case may total reserves (including basic
reserves, deficiency reserves and any reserves held for supplemental benefits
that would expire upon contract termination) be less than the amount that the
policyowner would receive (including the cash surrender value of the
supplemental benefits, if any, referred to above), exclusive of any deduction
for policy loans, upon termination of the policy.
(d) The following apply to unusual patterns
of guaranteed cash surrender values:
1. For
any policy with an unusual pattern of guaranteed cash surrender values, the
reserves actually held prior to the first unusual guaranteed cash surrender
value shall not be less than the reserves calculated by treating the first
unusual guaranteed cash surrender value as a pure endowment and treating the
policy as an n year policy providing term insurance plus a pure endowment equal
to the unusual cash surrender value, where n is the number of years from the
date of issue to the date the unusual cash surrender value is
scheduled.
2. The reserves actually
held subsequent to any unusual guaranteed cash surrender value shall not be
less than the reserves calculated by treating the policy as an n year policy
providing term insurance plus a pure endowment equal to the next unusual
guaranteed cash surrender value, and treating any unusual guaranteed cash
surrender value at the end of the prior segment as a net single premium, where
i. n is the number of years from the date of
the last unusual guaranteed cash surrender value prior to the valuation date to
the earlier of:
(1) The date of the next
unusual guaranteed cash surrender value, if any, that is scheduled after the
valuation date; or
(2) The
mandatory expiration date of the policy;
ii. The net premium for a given year during
the n year period is equal to the product of the net to gross ratio and the
respective gross premium; and
iii.
The net to gross ratio is equal to item (1) below divided by item (2) below as
follows:
(1) The present value, at the
beginning of the n year period, of death benefits payable during the n year
period plus the present value, at the beginning of the n year period, of the
next unusual guaranteed cash surrender value, if any, minus the amount of the
last unusual guaranteed cash surrender value if any, scheduled at the beginning
of the n year period.
(2) The
present value, at the beginning of the n year period, of the scheduled gross
premiums payable during the n year period.
3. For purposes of this subsection, a policy
is considered to have an unusual pattern of guaranteed cash surrender values if
any future guaranteed cash surrender value exceeds the prior year's guaranteed
cash surrender value by more than the sum of:
i. One hundred ten percent of the scheduled
gross premium for that year;
ii.
One hundred ten percent of one year's accrued interest on the sum of the prior
year's guaranteed cash surrender value and the scheduled gross premium using
the nonforfeiture interest rate used for calculating policy guaranteed cash
surrender values; and
iii. Five
percent of the first policy year surrender charge if any.
(e) At the option of the insurer,
the following approach for reserves on yearly renewable term reinsurance may be
used:
1. The valuation net premium for each
future policy year shall be calculated as the tabular cost of insurance for
that future year.
2. Basic reserves
shall never be less than the tabular cost of insurance for the appropriate
period, as defined in (c) above.
3.
Deficiency reserves shall be subject to the following:
i. For each policy year, calculate the
excess, if greater than zero, of the valuation net premium over the respective
maximum guaranteed gross premium.
ii. Deficiency reserves shall never be less
than the sum of the present values, at the date of valuation, of the excesses
determined in accordance with (e)3i above.
4. For purposes of this subsection, the
calculations use the maximum valuation interest rate and the 1980 CSO mortality
tables with or without Ten-Year Select Mortality Factors, or any other table
adopted by the NAIC after January 1, 2000 and promulgated by the Commissioner
for this purpose.
5. A reinsurance
agreement shall be considered yearly renewable term reinsurance for purposes of
this subsection if only the mortality risk is reinsured.
6. If the assuming insurer chooses this
optional exemption, the ceding insurer's reinsurance reserve credit shall be
limited to the amount of reserve held by the assuming insurer for the affected
policies.
(f) At the
option of the insurer, the following approach for reserves for
attained-age-based yearly renewable term life insurance policies may be used:
1. The valuation net premium for each future
policy year shall be calculated as the tabular cost of insurance for that
future year.
2. Basic reserves
shall never be less than the tabular cost of insurance for the appropriate
period, as defined in (c) above.
3.
Deficiency reserves shall be subject to the following:
i. For each policy year, calculate the
excess, if greater than zero, of the valuation net premium over the respective
maximum guaranteed gross premium.
ii. Deficiency reserves shall never be less
than the sum of the present values, at the date of valuation, of the excesses
determined in accordance with (f)3i above.
4. For purposes of this subsection, the
calculations use the maximum valuation interest rate and the 1980 CSO valuation
tables with or without Ten-Year Select Mortality Factors or any other table
adopted by the NAIC after January 1, 2000 and promulgated by the Commissioner
for this purpose.
5. A policy shall
be considered an attained-age-based yearly renewable term life insurance policy
for purposes of this subsection if:
i. The
premium rates (on both the initial current premium scale and the guaranteed
maximum premium scale) are based upon the attained age of the insured such that
the rate for any given policy at a given attained age of the insured is
independent of the year the policy was issued; and
ii. The premium rates (on both the initial
current premium scale and the guaranteed maximum premium scale) are the same as
the premium rates for policies covering all insureds of the same sex, risk
class, plan of insurance and attained age.
6. For policies that become
attained-age-based yearly renewable term policies after an initial period of
coverage, the approach of this subsection may be used after the initial period
if:
i. The initial period is constant for all
insureds of the same sex, risk class and plan of insurance; or
ii. The initial period runs to a common
attained age for all insureds of the same sex, risk class and plan of
insurance; and
iii. Whether (f)6i
or ii above is applicable, after the initial period of coverage, the policy
meets the conditions of (f)5 above.
7. If this election is made, this approach
shall be applied in determining reserves for all attained-age-based yearly
renewable term life insurance policies issued on or after January 1,
2000.
(g) Unitary basic
reserves and unitary deficiency reserves need not be calculated for a policy if
the following conditions are met:
1. The
policy consists of a series of n-year periods, including the first period and
all renewal periods, where n is the same for each period, except that for the
final renewal period, n may be truncated or extended to reach the expiry age,
provided that this final renewal period is less than 10 years and less than
twice the size of the earlier n-year periods, and for each period, the premium
rates on both the initial current premium scale and the guaranteed maximum
premium scale are level;
2. The
guaranteed gross premiums in all n-year periods are not less than the
corresponding net premiums based upon the 1980 CSO Table with or without the
Ten Year Select Mortality Factors; and
3. There are no cash surrender values in any
policy year.
(h) Unitary
basic reserves and unitary deficiency reserves need not be calculated for a
policy if the following conditions are met, based upon the initial current
premiums scale at issue:
1. At issue, the
insured is age 24 or younger;
2.
Until the insured reaches the end of the juvenile period, which shall occur at
or before age 25, the gross premiums and death benefits are level, and there
are no cash surrender values; and
3. After the end of the juvenile period,
gross premiums are level for the remainder of the premium paying period, and
death benefits are level for the remainder of the life of the policy.