(a) For each plan of insurance with separate
rates for preferred and standard nonsmoker lives, an insurer may use the Super
Preferred Nonsmoker, Preferred Nonsmoker, and Residual Standard Nonsmoker
tables to substitute for the nonsmoker mortality table found in the 2001 CSO
Mortality Table to determine minimum reserves. At the time of election and
annually thereafter, except for business valued under the Residual Standard
Nonsmoker Table, the appointed actuary shall annually certify that:
(i) The present value of death benefits over
the next ten years after the valuation date, using the anticipated mortality
experience without recognition of mortality improvement beyond the valuation
date for each class, is less than the present value of death benefits using the
valuation basic table corresponding to the valuation table being used for that
class.
(ii) The present value of
death benefits over the future life of the contracts, using the anticipated
mortality experience without recognition of mortality improvement beyond the
valuation date for each class, is less than the present value of death benefits
using the valuation basic table corresponding to the valuation table being used
for that class.
(b) For
each plan of insurance with separate rates for preferred and standard smoker
lives, an insurer may use the Preferred Smoker and Residual Standard Smoker
tables to substitute for the smoker mortality tables found in the 2001 CSO
Mortality Table to determine minimum reserves. At the time of election and
annually thereafter, for business valued under the Preferred Smoker Table, the
appointed actuary shall certify that:
(i) The
present value of death benefits over the next ten years after the valuation
date, using the anticipated mortality experience without recognition of
mortality improvement beyond the valuation date for each class, is less than
the present value of death benefits using the preferred smoker valuation basic
table corresponding to the valuation table being used for that class.
(ii) The present value of death benefits over
the future life of the contracts, using anticipated mortality experience
without recognition of mortality improvement beyond the valuation date for each
class, is less than the present value of death benefits using the preferred
smoker valuation basic table.
(c) Unless exempted by the commissioner,
every authorized insurer using the 2001 CSO Preferred Class Structure Table
shall annually file with the commissioner, with the NAIC, or with a statistical
agent designated by the NAIC and acceptable to the commissioner, statistical
reports showing mortality and such other information as the commissioner may
deem necessary or expedient for the administration of the provisions of this
regulation. The form of the reports shall be established by the commissioner or
the commissioner may require the use of a form established by the NAIC or by a
statistical agent designed by the NAIC and acceptable to the
commissioner.
(d) The use of the
2001 CSO Preferred Class Structure Table for the valuation of policies issued
prior to January 1, 2007 shall not be permitted in any statutory financial
statement in which a company reports, with respect to any policy or portion of
a policy coinsured, either of the following:
(i) In cases where the mode of payment of the
reinsurance premium is less frequent than the mode of payment of the policy
premium, a reserve credit that exceeds, by more than the amount specified in
this paragraph as Y, the gross reserve calculated before reinsurance. Y is the
amount of the gross reinsurance premium that (a) provides coverage for the
period from the next policy premium due date to the earlier of the end of the
policy year and the next reinsurance premium due date, and (b) would be
refunded to the ceding entity upon the termination of the policy.
(ii) In cases where the mode of payment of
the reinsurance premium is more frequent than the mode of payment of the policy
premium, a reserve credit that is less than the gross reserve, calculated
before reinsurance, by an amount that is less than the amount specified in this
paragraph as Z. Z is the amount of the gross reinsurance premium that the
ceding entity would need to pay the assuming company to provide reinsurance
coverage from the period of the next reinsurance premium due date to the next
policy premium due date minus any liability established for the proportionate
amount not remitted to the reinsurer.
For purposes of this condition, both the reserve credit and
the gross reserve before reinsurance (i) for the mean reserve method shall be
defined as the mean reserve minus the deferred premium asset, and (ii) for the
mid-terminal reserve method shall include the unearned premium reserve. A
company may estimate and adjust its accounting on an aggregate basis in order
to meet the conditions to use the 2001 CSO Preferred Class Structure
Table.