Current through September 24, 2024
(1) Purpose.
The purpose of this Rule is to establish for preneed
insurance products minimum mortality standards for reserves and nonforfeiture
values, and to require the use of the 1980 Commissioners Standard Ordinary
(CSO) Life Valuation Mortality Table for use in determining the minimum
standard of valuation of reserves and the minimum standard nonforfeiture values
for preneed insurance products.
(2) Definitions.
(a) "2001 CSO Mortality Table" means that
mortality table, consisting of separate rates of mortality for male and female
lives, developed by the American Academy of Actuaries CSO Task Force from the
Valuation Basic Mortality Table developed by the Society of Actuaries
Individual Life Insurance Valuation Mortality Task Force, and adopted by the
NAIC in December 2002. The 2001 CSO Mortality Table is included in the
Proceedings of the NAIC (2nd Quarter 2002). Unless the context
indicates otherwise, the "2001 CSO Mortality Table" includes both the ultimate
form of that table and the select and ultimate form of that table and includes
both the smoker and nonsmoker mortality tables and the composite mortality
tables. It also includes both the age-nearest-birthday and age-last-birthday
bases of the mortality tables.
(b)
"Ultimate 1980 CSO" means the Commissioners' 1980 Standard Ordinary Life
Valuation Mortality Tables (1980 CSO) without ten-year (10-year) selection
factors, incorporated into the 1980 amendments to the NAIC Standard Valuation
Law approved in December 1983.
(c)
"Preneed Insurance" shall mean any policy that falls within the definition of a
"prearrangement insurance policy", defined in T.C.A.
§62-5-403(7) as "a life insurance policy, annuity
contract, or other insurance contract, or any series of contracts or agreements
in any form or manner, issued by an insurance company, that, whether by
assignment or otherwise, funds a pre-need funeral contract, the insured, or
annuitant being the person for whose funeral service the funds were
paid".
(3) Minimum
Valuation Mortality Standards.
For preneed insurance contracts, as defined in Rule
0780-01-52-.05(2)(c), the minimum mortality standard for determining reserve
liabilities and non-forfeiture values for both male and female insureds shall
be the Ultimate 1980 CSO.
(4) Minimum Valuation Interest Rate
Standards.
(a) The interest rates used in
determining the minimum standard for valuation of preneed insurance shall be
the calendar year statutory valuation interest rates as defined in T.C.A.
§56-1-403.
(b) The interest rates used in determining
the minimum standard for nonforfeiture values for preneed insurance shall be
the calendar year statutory nonforfeiture interest rates as defined in T.C.A.
§56-7-401.
(5) Minimum Valuation Method Standards.
(a) The method used in determining the
standard for the minimum valuation of reserves of preneed insurance shall be
the method defined in T.C.A. §56-1-403.
(b) The method used in determining the
standard for the minimum nonforfeiture values for preneed insurance shall be
the method defined in T.C.A. §56-7-401.
(6) Transitional Rules.
(a) For preneed insurance policies issued on
or after the effective date of this Rule and before January 1, 2012, the 2001
CSO may be used as the minimum standard for reserves and minimum standard for
non-forfeiture benefits for both male and female insurances.
(b) If an insurer elects to use the 2001 CSO
as a minimum standard any policy issued on or after the effective date of this
Rule and before January 1, 2012, the insurer shall provide, as part of the
actuarial opinion memorandum submitted in support of the company's asset
adequacy testing, an annual written notification to the domiciliary
commissioner. The notification shall include:
1. A complete list of all preneed policy
forms that use the 2001 CSO as a minimum standard;
2. A certification signed by the appointed
actuary stating that the reserve methodology employed by the company in
determining reserves for the preneed policies issued after the effective date
and using the 2001 CSO as a minimum standard, develops adequate reserves (For
the purposes of this certification, the preneed insurance policies using the
2001 CSO as a minimum standard cannot be aggregated with any other policies.);
and
3. Supporting information
regarding the adequacy of reserves for preneed insurance policies issued after
the effective date of this regulation and using the 2001 CSO as a minimum
standard for reserves.
(c) Preneed insurance policies issued on or
after January 1, 2012, must use the Ultimate 1980 CSO in the calculation of
minimum nonforfeiture values and minimum reserves.
Authority: T.C.A. §§
56-1-403,
56-2-301,
56-7-401, 62-5-403(7) and
62-5-413(b).