Conn. Agencies Regs. § 38a-459-14 - Asset maintenance requirements for market value separate accounts supporting contracts other than index contracts
(a) An
insurance company shall hold sufficient assets as a reserve in the general
account, separate account, or supplemental accounts, as appropriate, such that
the market value of the assets held in the separate account, plus the market
value of any supplemental account, plus assets held in the general account as a
reserve for guaranteed contract liabilities (valued in accordance with section
38a-78
of the Connecticut General Statutes), less the deductions provided for in
subsection (b) of this section, equals or exceeds the value of guaranteed
contract liabilities determined in accordance with subsection (f) of this
section.
(b) In determining
compliance with the asset maintenance requirement and the reserve for
guaranteed contract liabilities in accordance with subsection (a) of this
section, the insurance company shall deduct a percentage of the market value of
the separate account or supplemental account asset or an amount attributable to
a replicated (synthetic asset) transaction as follows:
(1) For debt instruments, the percentage
shall be the National Association of Insurance Commissioners asset valuation
reserve "reserve objective factor," as set forth in the instructions for the
National Association of Insurance Commissioners Annual and Quarterly Statement
Blank, but the factor shall be increased 50 percent for the purpose of this
subdivision if the difference in durations of the assets and liabilities is
more than 184 days;
(2) For assets
that are not debt instruments, the percentage shall be the National Association
of Insurance Commissioners asset valuation reserve "maximum reserve factor," as
set forth in the instructions for the National Association of Insurance
Commissioners Annual and Quarterly Statement Blank; and
(3) For replicated (synthetic asset)
transactions, the market value of the separate account or supplemental account
assets shall be decreased by an amount equal to the asset valuation reserve for
the transaction as if the transaction were occurring in the general account,
determined in accordance with section
38a-78
of the Connecticut General Statutes; but to the extent that the National
Association of Insurance Commissioners asset valuation reserve maximum reserve
factor, as set forth in the instructions for the National Association of
Insurance Commissioners Annual and Quarterly Statement Blank, was not used in
determining the amount of the deduction, the amount of the deduction shall be
increased 50 percent for purposes of this subdivision.
(c) To the extent that guaranteed contract
liabilities are denominated in the currency of a foreign country and are
supported by separate account or supplemental account assets denominated in the
currency of the foreign country, the percentage deduction for these assets
under subsection (b) of this section shall be equal to the percentage deduction
for a substantially similar investment denominated in the currency of the
United States.
(d) To the extent
that guaranteed contract liabilities are denominated in the currency of the
United States and are supported by separate account or supplemental account
assets denominated in the currency of a foreign country, and to the extent that
guaranteed contract liabilities are denominated in the currency of a foreign
country and are supported by separate account or supplemental account assets
denominated in the currency of the United States, the deduction for debt
instruments and replicated (synthetic assets) transactions under subsection (b)
of this section shall be increased by 15 percent of its market value unless the
currency exchange risk has been adequately hedged, in which case the percentage
deduction under subsection (b) of this section shall be increased by one-half
percent. No guaranteed contract liabilities denominated in the currency of a
foreign country shall be supported by separate account or supplemental account
assets denominated in the currency of another foreign country without the
approval of the insurance commissioner. For purposes of this subsection, the
currency exchange rate on an asset is deemed adequately hedged if:
(1) It is an obligation of a jurisdiction
that is rated in one of the two highest rating categories by an independent,
nationally-recognized United States rating agency acceptable to the insurance
commissioner or other governmental unit of the jurisdiction, or is organized
under the laws of the jurisdiction; and
(2) At all times, the principal amount and
scheduled interest payments on the principal are hedged against the United
States dollar pursuant to contracts or agreements that are:
(A) Issued by or traded on a securities
exchange or board of trade regulated under the laws of the United States,
Canada, or a province of Canada;
(B) Entered into with a United States banking
institution that has assets in excess of $5 billion and has obligations
outstanding, or has a parent corporation that has obligations outstanding,
rated in one of the two highest rating categories by an independent,
nationally-recognized United States rating agency, or with a broker-dealer
registered with the Securities and Exchange Commission that has net capital in
excess of $250 million;
(C) Entered
into with any other banking institution that has assets in excess of $5 billion
and that has obligations outstanding, or has a parent corporation that has
obligations outstanding, rated in one of the two highest rating categories by
an independent, nationally-recognized United States rating agency and that is
organized under the laws of a jurisdiction that is rated in one of the two
highest rating categories by an independent, nationally-recognized United
States rating agency; or
(D)
Entered into with an entity permitted under Title 38a of the Connecticut
General Statutes enumerating permitted counterparties for currency hedging
transactions.
(e) All or a portion of the amount needed to
comply with the asset maintenance requirement may be allocated to one or more
supplemental accounts. If the account contract or applicable law provides that
the assets in the separate account shall not be chargeable with liabilities
arising out of any other business of the insurance company, the insurance
company shall maintain in a supplemental account or the general account the
amount of any account assets in excess of the sum of the amounts contributed
(net of withdrawals) by the contract holder, and the earnings attributable to
the amounts contributed (net of withdrawals) by the contract holder.
(f) For purposes of this section, the minimum
value of guaranteed contract liabilities is defined to be the sum of the
expected guaranteed contract benefits, each discounted at a rate corresponding
to the expected time of payment of the contract benefit that is not greater
than the rate supportable by the expected return from the separate account and
any supplemental account assets as described in section
38a-459-12(d)(5)
of the Regulations of Connecticut State Agencies or as described in the
actuarial memorandum. No rate described in this subsection shall exceed the
blended spot rates.
(g) In
calculating the minimum value of contract benefits :
(1) All guaranteed contract benefits
potentially available to the contract holder shall be considered in the
valuation process and analysis, and the reserve held shall be sufficient to
fund the greatest present value of each independent guaranteed benefit stream,
including guaranteed annuitization options available.
(2) To the extent that future cash flows are
dependent upon the benefit responsiveness features of an employer-sponsored
plan, a best estimate or an estimate based on the insurance company's
experience shall be used in the projections of the future cash flows. In
addition, the valuation actuary shall periodically review the actual experience
under the contract to validate the assumptions used. In projecting cash flows
for contingent benefits involving mortality, mortality tables for these
benefits prescribed or authorized by applicable law shall be
utilized.
(3) The minimum value of
guaranteed contract benefits under a contract issued to a pooled fund
representing multiple employer-sponsored plans shall be determined so as to
reflect projected plan sponsor contract value withdrawals available to the
master plans in such pooled fund. Projections of such future cash flows shall
take into account known plan sponsor withdrawals and an estimate of future plan
sponsor withdrawals. The estimate shall be based on company experience and
other relevant criteria and shall include a margin for adverse deviation from
such company experience and other relevant criteria. An insurance company
should determine a single valuation rate, consistent with subsection (f) of
this section, that shall be determined equal to the lesser of the (i) expected
return from the separate account or (ii) blended spot rate based on the
duration of the separate account. The single valuation rate shall be used to
model future market values of the separate account. Future credited interest
rates shall be modeled according to the contractually defined crediting rate
formula. Modeled future contract values shall reflect modeled future market
values, modeled future credited interest rates, known future plan sponsor
withdrawals, the estimate of future plan sponsor withdrawals, future
withdrawals consistent with subdivision (2) of this subsection, and any
remaining final payment at the modeled contract termination date. The present
values of all withdrawals and termination payments modeled under this
subdivision shall be discounted by using the single valuation rate and the
modeled times of those withdrawals and payments. The sum of these present
values shall be deemed the minimum value of the guaranteed contract liabilities
for a pooled fund contract.
Notes
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