Current through August 26, 2024
(1) For each year
ending on or after December 31, 1996, every life insurance company doing
business in this state shall submit to the commissioner, with its annual
statement due by March 1 of the following year, an opinion by a qualified
actuary as to whether the reserves and related actuarial items held in support
of the policies and contracts specified by the commissioner satisfy all of the
following:
(a) They are computed
appropriately.
(b) They are based
on assumptions that satisfy contract provisions.
(c) They are consistent with prior reported
amounts.
(d) They comply with the
applicable laws of this state.
(2) The opinion under sub. (1) shall be in
the form and contain the information required by the commissioner.
(3)
(a)
Every life insurance company shall include with the opinion required under sub.
(1) the opinion of the qualified actuary as to whether the reserves and related
actuarial items held in support of the policies and contracts specified by the
commissioner, when considered in light of the assets held by the company with
respect to the reserves and related actuarial items, including but not limited
to, the investment earnings on the assets and the considerations anticipated to
be received and retained under the policies and contracts, make adequate
provision for the company's obligations under the policies and contracts,
including but not limited to, the benefits under and expenses associated with
the policies and contracts. The commissioner may allow a transition period for
an insurance company to establish any higher reserves that the qualified
actuary determines are necessary to make adequate provision for the company's
obligations under the policies and contracts. This subchapter and subch. V may
be enforced under s.
601.41 or
601.64, ch.
645, Stats., or any other enforcement provision of chs. 601 to 645,
Stats.
(b) An insurance company
that is required to submit an opinion under par. (a) shall have prepared by the
qualified actuary who renders the opinion and memorandum in support of the
opinion under par. (a). The memorandum shall be in the form, and provide the
information, required by the form specified by the commissioner. The insurance
company shall provide the memorandum to the commissioner, at the commissioner's
request, for the commissioner's examination. After examination, the
commissioner may return the memorandum to the insurance company.
(c) If an insurance company fails to provide
a supporting memorandum to the commissioner upon request within the period
specified, or if the commissioner determines that the supporting memorandum
provided by an insurance company is otherwise unacceptable, the commissioner
may retain a qualified actuary at the expense of the insurance company to
review the opinion required under par. (a) and the basis for the opinion and to
prepare supporting memorandum as the commissioner requires.
(4) The following provisions apply
to an opinion required under sub. (1) or (2):
(a) The opinion shall apply to all business
in force, including individual and group health insurance plans, in form and
substance acceptable to the commissioner.
(b) The opinion shall be based on standards
adopted from time to time by the actuarial standards board established by the
American academy of actuaries and on such additional standards as the
commissioner may prescribe.
(c) In
the case of an opinion required to be submitted by a foreign or alien company,
the commissioner may accept the opinion filed by that company with the
insurance supervisory official of another state if the commissioner determines
that the opinion reasonably meets the requirements applicable to a company
domiciled in this state.
(5) An insurer which violates this chapter or
an insurer or actuary which submits an opinion or memorandum which includes a
misrepresentation is subject to the penalties specified under ch. 601,
Stats.
(6)
(a) Any memorandum in support of, and any
other material provided by an insurance company to the commissioner in
connection with, an opinion required under this section is subject [to] s.
601.465,
Stats.
(b) The commissioner may
release any such memorandum or other material with the written consent of the
insurance company, or to the American academy of actuaries upon its request if
the memorandum or other material is required for professional disciplinary
proceedings and if the request sets forth procedures that are satisfactory to
the commissioner for preserving the confidentiality of the memorandum or other
material.