(1) PURPOSE. The
purpose of this rule is to implement and interpret ch. 620, Stats., for the
purpose of establishing procedures and requirements for investments of
insurance companies.
(2) SCOPE.
This rule shall apply to all insurers subject to ch. 620, Stats.
(3) DEFINITIONS. As used in this rule:
(am) "Derivative instrument" has the meaning
contained in the accounting practices and procedures manual of the national
association of insurance commissioners. "Derivative instrument" includes
derivatives embedded within an investment.
(c) "Financial instrument" means a security,
currency, or index of a group of securities or currencies.
(e) "Fixed charges" includes interest on all
debt, and amortization of debt discount.
(ee) "Foreign country" means any country
other than the United States and Canada.
(em) "Foreign government" means any
governmental unit or instrumentality that is not in the United States or
Canada.
(es) "Foreign issuer" means
any issuer that is not domiciled in the United States or Canada and is not a
foreign government. An issuer domiciled in the United States or Canada shall be
deemed a foreign issuer when the issuer is a shell business entity or special
purpose vehicle, unless the investment is assumed, accepted, guaranteed,
insured or otherwise backed by an entity domiciled in the United States or
Canada that is not a shell business entity or special purpose
vehicle.
(f) "Money market mutual
fund" means a fund that meets the conditions of 17 Code of Federal Regulations
Par. 270.2a-7, under the Investment Company Act of 1940 (15 USC
80a-1 et seq.), as amended or
renumbered.
(g) "Net earnings
available for fixed charges" means income after allowance for operating and
maintenance expenses, depreciation and depletion, and taxes other than federal
and state income taxes, but without allowance for extraordinary nonrecurring
items of income or expense appearing in the regular financial statements of the
issuing company. If the issuing company has acquired, prior to the date of
investment, substantially all the assets of another company by purchase,
merger, consolidation or otherwise, the net earnings available for fixed
charges of the other company for the portion of the test period that preceded
acquisition may be included in accordance with a consolidated earnings
statement covering the period.
(h)
"Net earnings available for fixed charges and dividends" shall be determined in
the same manner as "net earnings available for fixed charges" but after
allowance for federal and state income taxes.
(hg) "Nationally Recognized Statistical
Rating Organization" or "NRSRO" means a credit rating agency registered with
the U.S. securities and exchange commission, pursuant to the Credit Rating
Agency Reform Act of 2006, as amended.
(hr) "No-load mutual fund" means a mutual
fund whose shares are sold without any sales charges, or commissions, including
sales compensation that is on an immediate or deferred basis or in some
combination of immediate and deferred compensation. No-load mutual funds may
impose fees for redemption, exchange, distribution, marketing, or other
purposes unrelated to sales charges or commissions.
(i) "Preferred dividend requirements" include
dividends at the maximum prescribed rate on all stock ranking as to dividends
on parity with or prior to that being acquired, whether or not the dividends
are cumulative.
(k) "Real estate"
or "real property" includes leaseholds.
(l) "Repurchase transaction" means a
transaction in which an insurer purchases securities from a business entity
which is obligated to repurchase the purchased securities or equivalent
securities from the insurer at a specified price, either within a specified
period or upon demand.
(4) GENERAL LIMITATIONS ON RESTRICTED
INSURERS. No insurer restricted under s.
620.03,
Stats., may invest in any of the following classes of assets, unless prior
permission is granted by the commissioner:
(a) Any securities of an issuer who has
defaulted on any payment on any debt security within the previous 5
years.
(b) Any asset under s.
620.22(9),
Stats.
(c) Any derivative
instrument.
(5) SPECIAL
LIMITATIONS PERTAINING TO A RESTRICTED INSURER OTHER THAN A TOWN MUTUAL
INSURER. An insurer that is restricted under s.
620.03,
Stats., and is not a town mutual insurer shall not invest in any of the
following investments:
(a)
Bonds or
evidences of indebtedness. An insurer shall not invest in bonds or
evidences of indebtedness described in s.
620.22(1),
Stats., unless the bonds or evidences of indebtedness are lawfully authorized
and have at least one of the following characteristics:
1. At the time of purchase have a 1 or 2
designation by the national association of insurance commissioners, or an
equivalent rating by a NRSRO.
2.
The bonds or evidences of indebtedness are of a municipally owned public
utility of this state created pursuant to section 3 of article XI of the
constitution, and the net book value of the property pledged as security for
the bonds has been established or approved by the public service commission,
and the total issue of the bonds does not exceed 50% of the net book value of
such property.
3. Principal and
interest are payable from revenues of a public utility or railroad owned by or
held for the benefit of any governmental unit in the United States or Canada,
if they are adequately secured by mortgage or lien on property or by specific
pledge or revenues, and lawful authorizing resolutions or ordinance of the
governing body of the unit require that during the life of the bond or evidence
of indebtedness the rates, fees, tolls or charges together with any other
revenues pledged shall at all times produce revenues sufficient to pay all
expenses of operation and maintenance, interest as promised and the principal
sum when due.
4. The bonds or
evidences of indebtedness are of public utilities in the United States or
Canada and are either adequately secured by mortgage, pledge or other
collateral, or have had net earnings available for fixed charges that for the
previous 3 fiscal years have averaged per year not less than 1 1/2 times the
average annual fixed charges.
5.
The bonds or evidences of indebtedness are of a United States or Canadian
private corporation, and they are either adequately secured by mortgage, pledge
or other collateral, or are issued by a corporation which has had net earnings
available for fixed charges that have averaged for the previous 5 years, and
equaled for each of the previous 2 years an annual amount which exceeded
average annual fixed charges by at least 50%, or 25% in the case of
corporations engaged primarily in wholesale or retail merchandising,
installment, commercial and consumer financing, factoring or small loan
business.
(b)
Equipment securities. In equipment securities or in
certificates of an equipment trust under sub. (8) (b) unless the obligor's net
earnings have averaged at least 2 times its average annual fixed charges for
the previous 3 years.
(c)
Real estate loans. In real estate loans:
1. On the security of encumbered property,
but property shall not be deemed encumbered because of unpaid but not
delinquent assessments and taxes, mineral, oil or timber rights, easements for
public highways, private roads, railroads, telegraph, telephone, electric light
and power lines, drains, sewers or other similar easements, liens for service
and maintenance of water rights when not delinquent, party wall agreements,
building restrictions, or other restrictive covenants or conditions, with or
without a reversionary clause, or leases under which rents or profits are
reserved to the owner;
2. In excess
of 2/3 of the fair market value, including buildings covered by the mortgage.
If the value of buildings constitute part of the security, the buildings must
be insured adequately to protect the insurer's security interest. The 2/3
limitation shall not apply to any loan fully insured by a federal insurance
corporation; nor
3. On the security
of a leasehold interest in real property unless it is unencumbered except by
rentals owed to the owner of the fee, has at least 25 years yet to run, and
then for no more than 50% of the fair market value of the leasehold less the
present value of all rentals due upon it to the owner of the
fee.
(d)
Preferred shares. In preferred shares unless the issuing
company has had, disregarding fixed charges on indebtedness and dividend
requirements on preferred stock for the retirement of which provision has been
made at the date of the investment, net earnings:
1. Available for fixed charges and dividends
that during the previous 5 fiscal years have averaged not less than twice the
sum of the fixed charges, maximum contingent interest and preferred dividend
requirements of the issuing company; or
2. Available for fixed charges and dividends
that for each of the previous 3 fiscal years have been not less than 1 1/2
times the sum of the fixed charges, maximum contingent interest and preferred
dividend requirements of the issuing company; or
3. Available to meet preferred dividend
requirements of the previous 5 years, after allowance for fixed charges and
federal and state income taxes, that have averaged not less than 3 times the
preferred dividend requirements.
(e)
Common stock. In common
stock except:
1. In accordance with a plan of
acquisition proposed by the insurer and approved by the commissioner;
and
2. In common stocks which are
authorized securities for NASDAQ, the automated quotation system of the
National Association of Securities Dealers.
(f)
Real property. In any
investment under s.
620.22(4) or (5), Stats., except with prior written
approval of the commissioner.
(g)
Limitations on amount of investment.
1. Except as permitted under subd. 2., more
than 3% of assets in securities of any single issuer unless it obtains the
prior written permission of the commissioner or unless the investment is in
securities of the government of the United States or its instrumentalities or
in securities guaranteed by the full faith and credit of the United States;
or
2. More than 10% of assets in
the securities of one state, of one instrumentality of a state, or of one
governmental unit of a state.
(6) TOWN MUTUAL INSURANCE COMPANIES.
(a)
Status as a restricted
insurer. Town mutual insurance companies authorized to operate under
the provisions of ch. 612, Stats., are restricted insurers and are subject to
the restrictions of ss.
612.36 and
620.03(1),
Stats., sub. (4) and other applicable provisions of this section. The
commissioner may grant exemptions under s.
620.03(2),
Stats.
(b)
Permitted
investments. Except as permitted by pars, (c), (d) and (e), a town
mutual insurer may only invest in one or more of the following:
1. Treasury bonds, treasury notes, treasury
bills or any other direct obligations of the United States government or
agencies or instrumentalities of the United States government with a final
maturity 15 years or less, except that no part of the amount determined under
this paragraph shall be invested in zero coupon bonds or collateralized
mortgage obligations.
2. Demand
deposit, interest bearing accounts and certificates of deposit in financial
institutions, including banks, savings and loan associations and credit unions,
except that the amount of an insurer's investment with each such financial
institution shall be limited to the total amount eligible for insurance under
the financial institution's depositor insurance program.
3. Bonds of any United State or Canadian
corporation that at the time of purchase have a 1 or 2 designation by the
national association of insurance commissioners, or an equivalent rating by a
NRSRO, except that no part of the amount determined under this paragraph shall
be invested in zero coupon bonds, collateralized mortgage obligations, payment
in kind bonds, or bonds with a final maturity of more than 15 years.
4. Bonds of any United States municipality
that at the time of purchase have a 1 or 2 designation by the national
association of insurance commissioners or an equivalent rating by a NRSRO, with
a final maturity of 15 years or less, except that no amount shall be invested
in zero coupon bonds.
5. No more
than an aggregate of 5% of assets in cumulative dividend preferred stock of any
United States or Canadian corporation that at the time of purchase has a 1 or 2
designation by the national association of insurance commissioners, or an
equivalent rating by a NRSRO.
5g.
Shares in no-load mutual funds, provided that all of the following requirements
are met:
a. Each no-load mutual fund shall
have an expense ratio, including any fees for marketing or distribution, of
1.20% or less.
b. Each no-load
mutual fund shall have as a stated investment objective, as disclosed in its
prospectus, an intent to invest 80% or more of its assets under management in
bonds of any direct obligations of the United States government or agencies or
instrumentalities of the United States government, any United States or
Canadian corporation, or any United States municipality, that, at the time of
purchase, have a 1 or 2 designation by the national association of insurance
commissioners, or an equivalent rating by a NRSRO.
c. Each no-load mutual fund shall have an
intent, as stated in its prospectus, to maintain a weighted average maturity of
8 years or less.
d. Each no-load
mutual fund investment must be carried at the fair market value on the annual
statement filed with the commissioner.
e. Each town mutual insurer shall file a
prospectus of each fund purchased in accordance with this paragraph with the
commissioner no later than February 15 of the year immediately following the
year the purchase was made.
5r. Shares of exchange-traded funds, provided
that all of the following requirements are met:
a. Each exchange-traded fund shall have an
expense ratio, including any fees for marketing or distribution, of 1.20% or
less.
b. Each exchange-traded fund
shall have as a stated investment objective, as disclosed in its prospectus, an
intent to invest 80% or more of its assets under management in bonds of any
direct obligations of the United States government or agencies or
instrumentalities of the United States government, any United States or
Canadian corporation or any United States municipality, that, at the time of
purchase, have a 1 or 2 designation by the national association of insurance
commissioners, or equivalent ratings by a NRSRO.
c. Each exchange-traded fund shall have an
intent, as stated in its prospectus, to maintain a weighted average maturity of
8 years or less.
d. Each
exchange-traded fund investment shall be carried at the fair market value on
the annual statement filed with the commissioner.
e. Each town mutual insurer shall file a
prospectus of each fund purchased in accordance with this paragraph with the
commissioner no later no later than February 15 of the year immediately
following the year the purchase was made.
6. Shares in money market mutual
funds.
(c)
Minimum
expected assets. A town mutual insurer may invest in assets permitted
under par. (d) only if, on December 31 of the preceding year, its assets
invested in accordance with par. (b) were in an amount at least equal to the
sum of its liabilities plus the greatest of the following:
1. 100% of the net written premiums and
assessments for the 12-month period ending December 31.
2. 33% of the direct written premiums and
assessments for the 12-month period ending December 31.
(d)
Permitted investments for assets
in excess of minimum expected assets. A town mutual insurer may invest
assets in excess of the amount determined under par. (c) in one or more of the
following:
1. Unrated bonds of a Wisconsin
municipality or political subdivision not included in par. (b). Any bonds
purchased under this subdivision must be direct obligations of the municipality
or political subdivision, and no investment shall be made in unrated industrial
revenue or industrial development bonds. Such investments shall not exceed 3%
of assets in any single issue or 10% of assets in a single issuer or its
affiliates;
2. Bonds with a final
maturity of more than 15 years that would otherwise be classified within par.
(b) 1., 3. or 4.
3c. Stock which is
either common stock or preferred stock of a licensed insurance company
domiciled in this state which reinsured town mutual insurers in this state at
the time it converted from a mutual insurance corporation to a stock insurance
corporation.
3g. Common or
preferred stock or convertible securities of any United States, Canadian or
foreign corporation not included in par. (b) that are traded on a federally
regulated securities exchange in the United States.
3l. Shares in no-load mutual funds, which
have an expense ratio, including any fees for marketing or distribution, of
1.20% or less and have as their stated investment objective, as disclosed in
their prospectus, an intent to invest 80% or more of their assets under
management in common or preferred stock or convertible securities of any United
States, Canadian or foreign corporation not included in par. (b).
3p. Shares of exchange-traded funds, which
have an expense ratio, including any fees for marketing or distribution, of
1.20% or less and have as their stated investment objective, as disclosed in
their prospectus, an intent to invest 80% or more of their assets under
management in common or preferred stock or convertible securities of any United
States, Canadian or foreign corporation not included in par. (b).
3t. Shares in no-load mutual funds with a
weighted average maturity of more than 8 years that would otherwise be
permitted under par. (b) 5g.
3x.
Shares in exchange-traded funds with a weighted average maturity of more than 8
years that would otherwise be permitted under par. (b) 5r.
4. Any subsidiaries formed to provide
services ancillary to the town mutual insurer's insurance operations.
Subsidiaries are considered ancillary subsidiaries if they are engaged
principally in insurance-related activities such as acting as an insurance
agent or providing claims adjusting services. A town mutual insurer may invest
in a subsidiary only with the prior written approval of the commissioner and
the investment may not exceed the amount approved by the commissioner or 10% of
assets, whichever is less.
6. Real
property needed for the convenient transaction of the insurer's business,
provided that the insurer obtains the prior written approval of the
commissioner.
7. Real estate loans
on property meeting the requirements of sub. (5) (c) and investment in real
estate partnerships. Any investment in real estate partnerships shall be with
the prior approval of the commissioner.
9. Investments not otherwise permitted by
this paragraph, and not specifically prohibited by statute or rule, to the
extent of not more than 5% of the insurer's assets. This includes the cash
surrender value of life insurance policies and annuities of insurers authorized
to do business in Wisconsin.
(e)
Town mutual insurer reinsurer
stock. A town mutual insurer is not required to divest stock described
in par. (d) 3c. This type of stock is an authorized investment and is not an
asset invested in accordance with par. (b).
(f)
Limitations on amount of
investment. A town mutual insurer may not invest in any of the
following:
1. Except as permitted under subd.
2., more than 3% of assets in securities of any single issuer unless it obtains
the prior written permission of the commissioner or unless the investment is in
securities of the government of the United States or its instrumentalities or
in securities guaranteed by the full faith and credit of the United
States.
2. More than 10% of assets
in the securities of one state, of one instrumentality of a state, or of one
governmental unit of a state.
3.
More than 10% of assets in any single mutual fund.
4. More than 10% of assets in any single
exchange-traded fund.
5. More than
20% of assets in investments sponsored or managed by any single issuer or its
affiliates with respect to mutual funds and exchange-traded
funds.
(g)
Transition and divestment. Except as provided under par. (e),
a town mutual insurer shall comply with all of the following:
1. A town mutual insurer that holds
investments permitted under par. (d) but no longer meets the minimum asset test
of par. (c) may continue to hold such investments so long as the town mutual
insurer holds investments in accordance with par. (b) in an amount that is no
less than the sum of its liabilities plus the greatest of any of the following:
a. 75% of the net written premiums and
assessments for the 12-month period ending December 31.
b. 33% of the direct written premiums and
assessments for the 12-month period ending December 31.
2. A town mutual insurer shall divest of any
investment which does not meet the requirements of pars, (b) to (f) due to
decline in the rating of a bond, the insurer's size, limitations on investments
or any other reason, within three years of its noncompliance.
3. If at the time of purchase a town mutual
insurer investment did not meet the requirements of pars, (b) to (f), then the
town mutual insurer shall immediately divest of the
investment.
(h)
Authorization of investments by the board of directors.
1. The board of directors of a town mutual
shall adopt a written plan for acquiring and holding investments and for
engaging in investment practices which specifies guidelines as to the quality,
maturity, diversification of investments and other specifications including
investment strategies intended to assure that the investments and investment
practices are appropriate for the business conducted by the insurer, its
liquidity needs and the amount of its surplus. The board shall review and
assess the company's technical and administrative capabilities and expertise
with regard to investments before adopting a written plan concerning any
investment strategy or investment practice. The board shall give due
consideration to all commissions and expenses associated with each investment,
and the effect of such costs on anticipated returns and on liquidity.
2. All investments acquired and held under
this section shall be acquired and held under the supervision and direction of
the board of directors of the town mutual insurer. The town mutual insurer
board of directors shall require that all investments be authorized or approved
by the board or a committee of the board charged with the responsibility to
supervise and direct its investments in accordance with delegations, standards,
limitations, and investment objectives prescribed by the board.
3. For all mutual funds held by a town mutual
insurer, the insurer shall maintain in its records the fund's prospectus and
latest issued annual financial statement.
4.
a. If a
town mutual insurer utilizes the services of an investment advisor, the town
mutual shall have, and maintain, a written agreement with the investment
advisor, that shall be approved by the board of directors. A separate agreement
shall be entered into for each specific arrangement.
b. Each written agreement with an investment
advisor shall include a description of the scope and nature of the services to
be provided; the standard of care to be provided; how or whether the investment
strategy, including asset allocations, and any applicable limitations,
incorporates the board approved investment policy; the level of authority the
advisor exercises over the insurer's portfolio, whether discretionary or
non-discretionary; a description of all types of compensation to the investment
advisor; and a description as to how investment transactions, holdings, and
portfolio performance will be communicated to the company's board of directors,
including the frequency, content and means of reporting.
c. An agreement under subd. 4. b. shall
clearly state whether the investment advisor is, or is not, acting as a
fiduciary with respect to the town mutual insurer. A fiduciary is someone whose
conduct is subject to the fiduciary duty standard, as defined under applicable
rules, regulations, or standards of conduct promulgated by the U.S. securities
and exchange commission.
(i)
Custody. In addition to
the requirements of s.
610.23,
Stats., the shares of any mutual fund in which a town mutual insurer invests
may be held in the direct custody of the town mutual insurer, and the shares
must be maintained either in book entry form with the mutual fund's registrar
and transfer agent, or in certificate form. If the town mutual insurer does not
have direct custody of the shares, the shares shall be held in the custody of a
bank or bank and trust company.
(7) BONDS PERMISSIBLE. Bonds permissible
under s.
620.22(1),
Stats., include:
(a) Direct obligations of
the United States or Canada, or of other governmental units therein;
(b) Obligations payable from and adequately
secured by specifically pledged revenues of such governmental units or their
instrumentalities, including corporations owned by or operated for such units;
and
(c) Evidences of indebtedness of
any solvent corporation of the United States or Canada.
(8) ADDITIONAL AUTHORIZED INVESTMENTS. An
insurer may, in addition to investments authorized by s.
620.22(1) to (7), Stats., invest its assets in the
following classes of investments, up to the limits stated, and in the case of
insurers that are subject to special restrictions under s.
620.03,
Stats., in accordance with any other rules made applicable to them:
(a) Mortgage bonds of farm loan banks
authorized under the federal farm loan act, and debentures issued by the banks
for cooperatives established pursuant to the farm credit act of 1933, as
amended;
(b) Equipment securities
or certificates of any equipment trust evidencing rights to receive partial
payments agreed to be made upon any contract of leasing or conditional
sale;
(c) The purchase and
ownership of machinery or equipment, which is or will become subject to
contracts for sale or use under which contractual payments may reasonably be
expected to return the principal of and provide earnings on the investment
within the anticipated useful life of the property which shall be not less than
5 years but the aggregate of such investments shall not exceed 3% of the
insurer's assets;
(d) Loans upon
the collateral security of any securities that the insurer could lawfully
purchase, but not exceeding 90% of the market value of the securities up to an
amount which, together with like securities owned, does not exceed the limits
on the purchase of such securities;
(e) Evidences of indebtedness not otherwise
authorized of the kind which if held by a bank would be eligible for discount,
rediscount, purchase or sale by federal reserve banks or other government
agencies having similar powers and functions but the aggregate of such
investments shall not exceed 1% of the insurer's assets;
(f) Shares of savings and loan associations
to the extent that they are insured or guaranteed by the United States
government or any agency thereof;
(g) The cash surrender values of life
insurance policies of companies authorized to do business in
Wisconsin;
(h) For a company
authorized to transact a credit insurance business, the claims and demands that
it has guaranteed;
(i) For a company
authorized to transact a title insurance business, materials and plant
necessary for the convenient transaction of business - not exceeding 50% of
minimum capital or 5% of assets, whichever is greater;
(l) Direct obligations of the international
bank for reconstruction and development, the inter-American development bank,
the African development bank and the Asian development bank but the aggregate
of such investments shall not exceed 2% of the insurer's assets;
(n) Shares of investment companies or
investment trusts registered under the Federal Investment Company Act of 1940,
15 USC
80a-1 et seq., as amended - regarded as part
of the common stock portfolio of the insurer.
(8g) FOREIGN INVESTMENTS. An insurer, and in
the case of insurers that are subject to special restrictions under s.
620.03,
Stats., in accordance with any other rules applicable to them, may invest in
foreign investments, in addition to investments authorized by s.
620.22(1) to (7), Stats., that meet the following criteria
and limitations:
(a) An insurer with assets
less than $500,000,000 as of the financial statement filing date may invest up
to 1% of assets in direct obligations of foreign governments.
(b) An insurer with assets equal to at least
$500,000,000 as of the financial statement filing date may invest up to 4% of
assets in direct obligations of foreign governments that at the time of
purchase have a 1 or 2 designation from the national association of insurance
commissioners, or equivalent ratings by a NRSRO and, in addition, up to 1% of
assets in the direct obligations of foreign governments without regard to
ratings.
(c) An insurer with assets
less than $500,000,000 as of the financial statement filing date may invest up
to 2% of assets in loans, securities or investments of foreign issuers which
are of substantially the same kinds, classes and investment grades as those
eligible for investment under ch. 620, Stats., and supplementary
rules.
(d) An insurer with assets
equal to at least $500,000,000 as of the financial statement filing date may
invest up to 8% of assets in loans, securities or investments of foreign
issuers which are substantially the same kinds, classes and investment grades
as those eligible for investment under ch. 620, Stats, and supplementary
rules.
(e) All investments in a
foreign country, foreign government, and foreign issuers are subject to all of
the following aggregate limits:
1. All
investments in a single foreign country, 4% of assets.
2. All investments of a single foreign issuer
and its foreign issuer affiliates, 3% of assets.
3. All investments denominated in a single
foreign currency, 5% of assets excluding investments under par.
(f).
(f) An insurer doing
business in a foreign country may invest in assets in that foreign country, or
in that country's currency, that are needed to meet the insurer's obligations,
provided the investment would be permitted if made in this state.
(g) An insurer are responsible for monitoring
their compliance with individual and aggregate limitations on all investments
in a foreign country, foreign government, and foreign issuer, including such
investments held indirectly through mutual funds, and must maintain a record of
all such investments, which shall be reconciled at least quarterly and be
available for production upon the request of the
commissioner.
(8r)
DERIVATIVE INSTRUMENTS. An insurer, and in the case of an insurer that is
subject to special restrictions under s.
620.03,
Stats., to the extent other rules are applicable to them, may invest in
derivative instruments in addition to investments authorized by s.
620.22(1) to (7), Stats., provided all of the following
requirements are met:
(a) Derivative
instrument contracts shall be entered into to protect the investment portfolio
of an insurer against the risk of changing asset values or interest rates, to
enhance its liquidity, to aid in cash flow management, as a substitute for cash
market transactions, and for any other purpose consistent with the investment
objectives for the assets of an insurer stated in s.
620.01,
Stats.
(b) The aggregate market
value of all derivative instruments outstanding may not exceed 10% of the
insurer's assets.
(c) An insurer may
purchase put options or sell call options only with regard to derivative
instruments or financial instruments owned by the insurer, or which may be
obtained through the exercise of warrants or conversion rights held by the
insurer.
(d) An insurer may
purchase call options or sell put options on derivative instruments or
financial instruments only if the amount of the instrument, which may be
acquired upon exercise of the option, when aggregated with current holdings,
would be an authorized investment under s.
620.22(1) to (7), Stats., or this subsection, and would
not exceed the limitations specified in s.
620.23,
Stats., or this section.
(e) The
board of directors or its authorized committee shall first approve the
insurer's plan relating to such investments, which plan must contain specific
policy objectives and strategies, establish aggregate maximum limits in such
investments and internal control procedures, and identify the duties, expertise
and limits of authority of personnel authorized by the board of directors to
engage in such transactions on behalf of the insurer.
(f) A copy of the insurer's plan shall be
filed with the commissioner 30 days prior to its effective date. The
commissioner may disapprove the plan within the 30-day period after
receipt.
(9) CHANGES IN
QUALIFICATION OF INVESTMENTS. Any investment originally made under s.
620.22(9),
Stats., may thereafter be considered as falling within any other class of
investment for which it subsequently qualifies.
(10) VALUATION.
(a)
General. Security
valuations contained in "Valuations of Securities", issued by the Committee on
Valuation of Securities of the National Association of Insurance Commissioners,
will be followed in implementing this chapter.
(b)
Insurance policies.
Insurance policies purchased under sub. (8) (g) will be valued at their cash
surrender value.
(c)
Claims
and demands guaranteed by insurer. When an insurer authorized to sell
credit insurance purchases, under sub. (8) (h), claims and demands it has
guaranteed, it shall value them at face value or at cost, whichever is less,
and shall set up a separate and adequate "loss reserve for guaranteed claims
purchased" in an amount satisfactory to the commissioner.