New York Codes, Rules and Regulations
Title 11 - INSURANCE
Chapter IV - Financial Condition Of Insurer and Reports to Superintendent
Subchapter B - Life Insurers
Part 98 - Valuation Of Life Insurance Reserves
Section 98.2 - Applicability

Universal Citation: 11 NY Comp Codes Rules and Regs ยง 98.2

Current through Register Vol. 46, No. 39, September 25, 2024

(a) This Part shall apply to all life insurance companies and fraternal benefit societies doing business in this State and all insurers holding a certificate from the superintendent as being accredited for the reinsurance of life insurance, annuities or accident and health insurance. It shall be applicable to all individual life insurance policies and group life insurance certificates, except as noted in subdivisions (b) through (f) of this section, of any of the foregoing, whether funded in the general account or in a separate account, no matter where issued or assumed, and no matter where shown in the annual statement. This Part shall be applicable to such companies, societies and insurers for all statements filed after the effective date of this Part.

(b) Except as provided in subdivision (l) of this section with respect to group credit insurance, this Part shall not apply to group life insurance certificates unless such certificates provide for a stated or implied schedule of guaranteed gross premiums required in order to continue coverage in force for a period in excess of one year.

(c) Except as required in subdivision (e) of this section, this Part shall not apply to any individual life insurance policy issued on or after the relevant date specified in subdivision (d) of this section if such policy is issued in accordance with and as a result of the exercise of a reentry provision contained in an individual life insurance policy of the same or greater face amount, issued before such date, which guarantees the premium rates of the new policy if such guaranteed premium rates were specified in the original policy of the series of reentry policies issued to the individual policyholder. Except as required in subdivision (e) of this section, this Part shall not apply to subsequent policies of the same or lesser face amount, issued as a result of the exercise of such a provision in the new policy or derivatives thereof, if the guaranteed premium rates of such subsequent policies were specified in the original policy of the series of reentry policies issued to the individual policyholder.

(d) Policies issued on or after January 1, 1994 or January 1, 1995.

(1) This Part shall apply for all statements filed after the effective date of this Part to all individual life insurance policies and group life insurance certificates issued on or after January 1, 1994 except as noted in paragraph (2) of this subdivision.

(2) For insurers subject to this Part solely due to the fact that the insurer is holding a certificate from the superintendent as being accredited for the reinsurance of life insurance, annuities, or accident and health insurance, this Part shall apply for all statements filed after the effective date of this Part to all individual life insurance policies and group life insurance certificates issued or assumed on or after January 1, 1995; however, this Part shall apply to all such policies or certificates issued on or after January 1, 1994 which were reinsured to such insurer directly or indirectly by a company doing business in this State.

(e) Policies issued prior to the relevant dates, January 1, 1994 or January 1, 1995, of subdivision (d) of this section.

(1) Universal life insurance policies. The following requirements of this Part shall apply for all statements filed after the effective date of this Part to all universal life insurance policies issued before the relevant date of subdivision (d) of this section (i.e., January 1, 1994 or, for certain policies issued or assumed by accredited reinsurers, January 1, 1995) by licensed life insurers, fraternal benefit societies, and accredited reinsurers:
(i) section 98.4(a)(1)(i) regarding the tabular cost of insurance;

(ii) section 98.4(a)(5) regarding immediate payment of claims;

(iii) section 98.4(d) regarding the cash surrender value floor; and

(iv) section 98.7(a) regarding general requirements for reserves for universal life insurance policies.

(2) Policies other than universal life or variable life insurance policies. The following requirements of this Part shall apply for all statements filed after the effective date of this Part to all policies other than universal life insurance policies or variable life insurance policies issued before the relevant date of subdivision (d) of this section (i.e., January 1, 1994 or, for certain policies issued or assumed by accredited reinsurers, January 1, 1995) by licensed life insurers, fraternal benefit societies, and accredited reinsurers:
(i) section 98.4(a)(1) regarding the tabular cost of insurance and unitary reserves;

(ii) section 98.4(a)(4) regarding indeterminate premium policies;

(iii) section 98.4(a)(5) regarding immediate payment of claims;

(iv) section 98.4(b) regarding deficiency reserves, except section 98.4(b)(4);

(v) section 98.4(d) regarding the cash surrender value floor;

(vi) section 98.4(f) regarding yearly renewable term reinsurance;

(vii) section 98.4(g) regarding an optional alternative method of unitary reserves;

(viii) section 98.4(h) regarding the use of the policy fee with gross premiums;

(ix) section 98.4(j) regarding attained age yearly renewable term insurance; and

(x) section 98.4(k) regarding policies with market value adjustments.

(3) For nonlevel premium term life insurance policies for which basic reserves are calculated using the 1958 CSO table, the procedures of section 98.4(g)(1)(i) through (iv) of this Part shall be applied.

(4) Where the requirements of this subdivision would produce reserves lower than those previously calculated by an insurer for policies issued prior to the relevant dates specified in subdivision (d) of this section, such insurer may, with the approval of the superintendent, adopt lower reserves, but in no case lower than the minimum required reserves.

(f) This Part shall only apply to group life insurance certificates during the period for which there is either a stated or implied schedule of maximum gross premiums, the payment of which guarantees that coverage will remain in force during such period.

(g) The requirements for universal life insurance reserves are specified in section 98.7 of this Part.

(h) The requirements for variable life insurance reserves are specified in section 98.8 of this Part.

(i) Where the requirements of this Part for policies issued on or after January 1, 2000 and before January 1, 2004 would produce reserves lower than those previously calculated by an insurer for policies issued prior to January 1, 2000, such insurer may adopt lower reserves. However, the total reserves for policies for which reserves are calculated using the 1980 CSO table shall in no case be lower than the minimum required reserves for policies issued on or after January 1, 2000 and before January 1, 2004. Unless notification to the superintendent was previously provided, such adoption will require prior approval by the superintendent.

(j) Except for credit life insurance, the minimum mortality standards of section 100.4 of this Title (Regulation 179) may be used for policies issued on or after January 1, 2004, and shall be used for policies issued on or after January 1, 2009, subject to the conditions specified in sections 100.5 and 100.6 of this Title.

(k) The requirements for certain specified life insurance policies are specified in section 98.9 of this Part.

(l) The requirements for credit life insurance are specified in section 98.10 of this Part. Sections 98.4 through 98.9 of this Part shall not apply to credit life insurance.

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