A. Actuarial Method
The Actuarial Method to establish the Required Level of
Primary Security for each reinsurance treaty subject to this regulation shall
be VM-20, applied on a treaty-by-treaty basis, including all relevant
definitions, from the Valuation Manual as then in effect, applied as
follows:
(1) For Covered Policies
described in Rule 20.05(B)(1) above, the Actuarial Method is the greater of the
Deterministic Reserve or the Net Premium Reserve (NPR) regardless of whether
the criteria for exemption testing can be met. However, if the Covered Policies
do not meet the requirements of the Stochastic Reserve exclusion test in the
Valuation Manual, then the Actuarial Method is the greatest of the
Deterministic Reserve, the Stochastic Reserve, or the NPR. In addition, if such
Covered Policies are reinsured in a reinsurance treaty that also contains
Covered Policies described in Rule 20.05(B)(2) above, the ceding insurer may
elect to instead use paragraph 2 below as the Actuarial Method for the entire
reinsurance agreement. Whether Paragraph 1 or 2 are used, the Actuarial Method
must comply with any requirements or restrictions that the Valuation Manual
imposes when aggregating these policy types for purposes of principle-based
reserve calculations.
(2) For
Covered Policies described in Rule 20.05(B)(2) above, the Actuarial Method is
the greatest of the Deterministic Reserve, the Stochastic Reserve, or the NPR
regardless of whether the criteria for exemption testing can be met.
(3) Except as provided in Paragraph (4)
below, the Actuarial Method is to be applied on a gross basis to all risks with
respect to the Covered Policies as originally issued or assumed by the ceding
insurer.
(4) If the reinsurance
treaty cedes less than one hundred percent (100%) of the risk with respect to
the Covered Policies then the Required Level of Primary Security may be reduced
as follows:
(a) If a reinsurance treaty cedes
only a quota share of some or all of the risks pertaining to the Covered
Policies, the Required Level of Primary Security, as well as any adjustment
under Subparagraph (c) below, may be reduced to a pro rata portion in
accordance with the percentage of the risk ceded;
(b) If the reinsurance treaty in a non-exempt
arrangement cedes only the risks pertaining to a secondary guarantee, the
Required Level of Primary Security may be reduced by an amount determined by
applying the Actuarial Method on a gross basis to all risks, other than risks
related to the secondary guarantee, pertaining to the Covered Policies, except
that for Covered Policies for which the ceding insurer did not elect to apply
the provisions of VM20 to establish statutory reserves, the Required Level of
Primary Security may be reduced by the statutory reserve retained by the ceding
insurer on those Covered Policies, where the retained reserve of those Covered
Policies should be reflective of any reduction pursuant to the cession of
mortality risk on a yearly renewable term basis in an exempt
arrangement;
(c) If a portion of
the Covered Policy risk is ceded to another reinsurer on a yearly renewable
term basis in an exempt arrangement, the Required Level of Primary Security may
be reduced by the amount resulting by applying the Actuarial Method including
the reinsurance section of VM-20 to the portion of the Covered Policy risks
ceded in the exempt arrangement, except that for Covered Policies issued prior
to Jan 1, 2017, this adjustment is not to exceed [cx/ (2 * number of
reinsurance premiums per year)] where cx is calculated using the same mortality
table used in calculating the Net Premium Reserve; and
(d) For any other treaty ceding a portion of
risk to a different reinsurer, including but not limited to stop loss, excess
of loss and other nonproportional reinsurance treaties, there will be no
reduction in the Required Level of Primary Security. It is possible for any
combination of Subparagraphs (a), (b), (c), and (d) above to apply. Such
adjustments to the Required Level of Primary Security will be done in the
sequence that accurately reflects the portion of the risk ceded via the treaty.
The ceding insurer should document the rationale and steps taken to accomplish
the adjustments to the Required Level of Primary Security due to the cession of
less than one hundred percent (100%) of the risk. The Adjustments for other
reinsurance will be made only with respect to reinsurance treaties entered into
directly by the ceding insurer. The ceding insurer will make no adjustment as a
result of a retrocession treaty entered into by the assuming insurers.
It is possible for any combination of Subparagraphs (a), (b),
(c), and (d) above to apply. Such adjustments to the Required Level of Primary
Security will be done in the sequence that accurately reflects the portion of
the risk ceded via the treaty. The ceding insurer should document the rationale
and steps taken to accomplish the adjustments to the Required Level of Primary
Security due to the cession of less than one hundred percent (100%) of the
risk. The Adjustments for other reinsurance will be made only with respect to
reinsurance treaties entered into directly by the ceding insurer. The ceding
insurer will make no adjustment as a result of a retrocession treaty entered
into by the assuming insurers.
(5) In no event will the Required Level of
Primary Security resulting from application of the Actuarial Method exceed the
amount of statutory reserves ceded.
(6) If the ceding insurer cedes risks with
respect to Covered Policies, including any riders, in more than one reinsurance
treaty subject to this Regulation, in no event will the aggregate Required
Level of Primary Security for those reinsurance treaties be less than the
Required Level of Primary Security calculated using the Actuarial Method as if
all risks ceded in those treaties were ceded in a single treaty subject to this
Regulation;
(7) If a reinsurance
treaty subject to this Regulation cedes risk on both Covered and Non-Covered
Policies, credit for the ceded reserves shall be determined as follows:
(a) The Actuarial Method shall be used to
determine the Required Level of Primary Security for the Covered Policies, and
Rule 20.07 shall be used to determine the reinsurance credit for the Covered
Policy reserves; and
(b) Credit for
the Non-Covered Policy reserves shall be granted only to the extent that
security, in addition to the security held to satisfy the requirements of
Subparagraph (a), is held by or on behalf of the ceding insurer in accordance
with Miss. Code Ann. §§
83-19-151 and
83-19-153. Any Primary Security
used to meet the requirements of this Subparagraph may not be used to satisfy
the Required Level of Primary Security for the Covered Policies.
B. Valuation used for
Purposes of Calculations
For the purposes of both calculating the Required Level of
Primary Security pursuant to the Actuarial Method and determining the amount of
Primary Security and Other Security, as applicable, held by or on behalf of the
ceding insurer, the following shall apply:
(1) For assets, including any such assets
held in trust, that would be admitted under the NAIC Accounting Practices and
Procedures Manual if they were held by the ceding insurer, the valuations are
to be determined according to statutory accounting procedures as if such assets
were held in the ceding insurer's general account and without taking into
consideration the effect of any prescribed or permitted practices;
and
(2) For all other assets, the
valuations are to be those that were assigned to the assets for the purpose of
determining the amount of reserve credit taken. In addition, the asset spread
tables and asset default cost tables required by VM-20 shall be included in the
Actuarial Method if adopted by the NAIC's Life Actuarial (A) Task Force no
later than the Dec. 31st on or immediately preceding the valuation date for
which the Required Level of Primary Security is being calculated. The tables of
asset spreads and asset default costs shall be incorporated into the Actuarial
Method in the manner specified in VM-20.