Chapter Ins 2

Ins 2.80(4)(d) (d) In determining basic reserves or deficiency reserves, guaranteed gross premiums without policy fees may be used where the calculation involves the guaranteed gross premium but only if the policy fee is a level dollar amount after the first policy year. In determining deficiency reserves, policy fees may be included in guaranteed gross premiums even if not included in the actual calculation of basic reserves.

Ins 2.80(4)(e) (e) Reserves for policies that have changes to guaranteed gross premiums, guaranteed benefits, guaranteed charges, or guaranteed credits that are unilaterally made by the insurer after issue and that are effective for more than one year after the date of the change shall be the greatest of the following:

Ins 2.80(4)(e)1. 1. Reserves calculated ignoring the guarantee.

Ins 2.80(4)(e)2. 2. Reserves assuming the guarantee was made at issue.

Ins 2.80(4)(e)3. 3. Reserves assuming that the policy was issued on the date of the guarantee.

Ins 2.80(4)(f) (f) The commissioner may require that the company document the extent of the adequacy of reserves for specified blocks, including but not limited to policies issued prior to the effective date of this regulation. This documentation may include a demonstration of the extent to which aggregation with other non-specified blocks of business is relied upon in the formation of the appointed actuary opinion pursuant to and consistent with the requirements of s. Ins 50.78.

Ins 2.80(5) (5) Calculation of minimum valuation standard for policies with guaranteed nonlevel gross premiums or guaranteed nonlevel benefits, other than universal life policies.

Ins 2.80(5)(a) (a) Basic reserves shall be calculated as the greater of the segmented reserves and the unitary reserves. Both the segmented reserves and the unitary reserves for any policy shall use the same 1980 CSO valuation table and the same select mortality factors. At the option of the insurer, in calculating segmented reserves and net premiums, either of the following adjustments may be made:

Ins 2.80(5)(a)1. 1. Treat the unitary reserve, if greater than zero, applicable at the end of each segment as a pure endowment and subtract the unitary reserve, if greater than zero, applicable at the beginning of each segment from the present value of guaranteed life insurance and endowment benefits for each segment.

Ins 2.80(5)(a)2. 2. Treat the guaranteed cash surrender value, if greater than zero, applicable at the end of each segment as a pure endowment and subtract the guaranteed cash surrender value, if greater than zero, applicable at the beginning of each segment from the present value of guaranteed life insurance and endowment benefits for each segment.

Ins 2.80(5)(b) (b) The deficiency reserve at any duration shall be calculated as follows:

Ins 2.80(5)(b)1. 1. Using unitary reserves if the corresponding basic reserve determined by par. (a) is unitary.

Ins 2.80(5)(b)2. 2. Using segmented reserves if the corresponding basic reserve determined by par. (a) is segmented.

Ins 2.80(5)(b)3. 3. Using segmented reserves if the corresponding basic reserve determined by par. (a) is equal to both the segmented reserve and the unitary reserve.

Ins 2.80(5)(c) (c) Paragraphs (b), (d), and (e) shall apply to any policy for which the guaranteed gross premium at any duration is less than the corresponding modified net premium calculated by the method used in determining the basic reserves, but using the minimum valuation standards of mortality specified in sub. (4) (b) and rate of interest.

Ins 2.80(5)(d) (d) Deficiency reserves, if any, shall be calculated for each policy as the excess, if greater than zero, for the current and all remaining periods, of the quantity A over the basic reserve, where A is obtained as indicated in sub. (4) (b).

Ins 2.80(5)(e) (e) For deficiency reserves determined on a contract segmentation method, the quantity A is determined using segment lengths equal to those determined for segmented basic reserves.

Ins 2.80(5)(f) (f) Basic reserves may not be less than the tabular cost of insurance for the balance of the policy year, if mean reserves are used. Basic reserves may not be less than the tabular cost of insurance for the balance of the current modal period or to the paid-to-date, if later, but not beyond the next policy anniversary, if mid-terminal reserves are used. The tabular cost of insurance shall use the same valuation mortality table and interest rates as that used for the calculation of the segmented reserves. However, if select mortality factors are used, they shall be the ten-year select factors incorporated into the 1980 amendments of the national association of insurance commissioners standard valuation law. In no case may total reserves, including basic reserves, deficiency reserves and any reserves held for supplemental benefits that would expire upon contract termination, be less than the amount that the policyowner would receive (including the cash surrender value of the supplemental benefits, if any) exclusive of any deduction for policy loans, upon termination of the policy.

Ins 2.80(5)(g) (g) For any policy with an unusual pattern of guaranteed cash surrender values, the reserves actually held prior to the first unusual guaranteed cash surrender value may not be less than the reserves calculated by treating the first unusual guaranteed cash surrender value as a pure endowment and treating the policy as an n-year policy providing term insurance plus a pure endowment equal to the unusual cash surrender value, where n is the number of years from the date of issue to the date the unusual cash surrender value is scheduled.

Ins 2.80 Note Note: This requirement is independent of both the segmentation process and the unitary process. After the greater of the segmented or the unitary reserve has been determined, then pars. (g), (h), and (i) impose an additional floor of the ultimate reserve. The purpose of pars. (g), (h) and (i) is to assure adequate funding of significant increases in guaranteed cash surrender values.

Ins 2.80(5)(h) (h) The reserves actually held subsequent to any unusual guaranteed cash surrender value may not be less than the reserves calculated by treating the policy as an n-year policy providing term insurance plus a pure endowment equal to the next unusual guaranteed cash surrender value, and treating any unusual guaranteed cash surrender value at the end of the prior segment as a net single premium, where all of the following apply:

Ins 2.80(5)(h)1. 1. n is the number of years from the date of the last unusual guaranteed cash surrender value prior to the valuation date to the earlier of the date of the next unusual guaranteed cash surrender value, if any, that is scheduled after the valuation date or the mandatory expiration date of the policy.

Ins 2.80(5)(h)2. 2. The net premium for a given year during the n-year period is equal to the product of the net-to-gross ratio and the respective gross premium.

Ins 2.80(5)(h)3. 3. The net-to-gross ratio is equal to the present value, at the beginning of the n-year period, of death benefits payable during the n-year period plus the present value, at the beginning of the n-year period, of the next unusual guaranteed cash surrender value, if any, minus the amount of the last unusual guaranteed cash surrender value, if any, scheduled at the beginning of the n-year period divided by the present value, at the beginning of the n-year period, of the scheduled gross premiums payable during the n-year period.

Ins 2.80(5)(i) (i) For purposes of pars. (g) and (h), a policy is considered to have an unusual pattern of guaranteed cash surrender values if any future guaranteed cash surrender value exceeds the prior year's guaranteed cash surrender value by more than the sum of all of the following:

Ins 2.80(5)(i)1. 1. One hundred ten percent of the scheduled gross premium for that year.

Ins 2.80(5)(i)2. 2. One hundred ten percent of one year's accrued interest on the sum of the prior year's guaranteed cash surrender value and the scheduled gross premium using the nonforfeiture interest rate used for calculating policy guaranteed cash surrender values.

Ins 2.80(5)(i)3. 3. Five percent of the first policy year surrender charge, if any.

Ins 2.80(5)(j) (j) At the option of the insurer, the following approach for reserves on yearly renewable term reinsurance may be used:

Ins 2.80(5)(j)1. 1. Calculate the valuation net premium for each future policy year as the tabular cost of insurance for that future year.

Ins 2.80(5)(j)2. 2. Basic reserves may not be less than the tabular cost of insurance for the appropriate period, as defined in par. (f).

Ins 2.80(5)(j)3. 3. For deficiency reserves for each policy year, calculate the excess, if greater than zero, of the valuation net premium over the respective maximum guaranteed gross premium. Deficiency reserves may not be less than the sum of the present values, at the date of valuation, of the excesses determined in accordance with this subdivision.

Ins 2.80(5)(j)4. 4. For purposes of this paragraph, the calculations use the maximum valuation interest rate and the 1980 CSO valuation table with or without 10-year select mortality factors.

Ins 2.80(5)(j)5. 5. A reinsurance agreement shall be considered yearly renewable term reinsurance for purposes of this paragraph if only the mortality risk is reinsured.

Ins 2.80(5)(j)6. 6. If the assuming company chooses this optional exemption, The ceding company's reserve credit shall be limited to the amount of reserve held by the assuming company for the affected policies.

Ins 2.80 Note Note: Traditional reserves for yearly renewable term reinsurance, the calculations of which par. (j) describes, are already adequate and sufficient. However, without this option, yearly renewable term reinsurance would be subject to the more complex segmentation calculations.

Ins 2.80(5)(k) (k) At the option of the insurer, the following approach for reserves for attained-age-based yearly renewable term life insurance policies may be used:

Ins 2.80(5)(k)1. 1. Calculate the valuation net premium for each future policy year as the tabular cost of insurance for that future year.

Ins 2.80(5)(k)2. 2. Basic reserves may not be less than the tabular cost of insurance for the appropriate period, as defined in par. (f).

Ins 2.80(5)(k)3. 3. For deficiency reserves for each policy year, calculate the excess, if greater than zero, of the valuation net premium over the respective maximum guaranteed gross premium. Deficiency reserves may not be less than the sum of the present values, at the date of valuation, of the excesses determined in accordance with this subdivision.

Ins 2.80(5)(k)4. 4. For purposes of this paragraph, the calculations use the maximum valuation interest rate and the 1980 CSO valuation table with or without 10-year select mortality factors.

Ins 2.80(5)(k)5. 5. A policy shall be considered an attained-age-based yearly renewable term life insurance policy for purposes of this paragraph if both of the following apply:

Ins 2.80(5)(k)5.a. a. The premium rates, on both the initial current premium scale and the guaranteed maximum premium scale, are based upon the attained age of the insured such that the rate for any given policy at a given attained age of the insured is independent of the year the policy was issued.

Ins 2.80(5)(k)5.b. b. The premium rates, on both the initial current premium scale and the guaranteed maximum premium scale, are the same as the premium rates for policies covering all insureds of the same sex, risk class, plan of insurance and attained age.

Ins 2.80(5)(k)6. 6. For policies that become attained-age-based yearly renewable term policies after an initial period of coverage, the approach of this paragraph may be used after the initial period if both the following apply:

Ins 2.80(5)(k)6.a. a. The initial period is either constant or runs to a common attained age for all insureds of the same sex, risk class and plan of insurance.

Ins 2.80(5)(k)6.b. b. After the initial period of coverage, the policy meets the conditions of subd. 5.

Ins 2.80(5)(k)7. 7. If the election in this paragraph is made, this approach shall be applied in determining reserves for all attained-age-based yearly renewable term life insurance policies issued on or after the effective date of this section.

Ins 2.80 Note Note: Traditional reserves for attained-age-based yearly renewable term policies, the calculations of which this paragraph describes, are already adequate and sufficient. However, without this option, these policies would be subject to the more complex segmentation calculations.

Ins 2.80(5)(L) (L) Unitary basic reserves and unitary deficiency reserves need not be calculated for a policy if all of the following conditions are met:

Ins 2.80(5)(L)1. 1. The policy consists of a series of n-year periods, including the first period and all renewal periods, where n is the same for each period, except that for the final renewal period, n may be truncated or extended to reach the expiry age, provided that this final renewal period is less than 10 years and less than twice the size of the earlier n-year periods, and for each period, the premium rates on both the initial current premium scale and the guaranteed maximum premium scale are level.

Ins 2.80(5)(L)2. 2. The guaranteed gross premiums in all n-year periods are not less than the corresponding net premiums based upon the 1980 CSO valuation table with or without the 10-year select mortality factors.

Ins 2.80(5)(L)3. 3. There is no cash surrender value in any policy year.

Ins 2.80 Note Note: Without this exemption, companies issuing certain n-year renewable term policies could be forced to hold reserves higher than n-year term reserves, even though in many cases gross premiums are well above valuation mortality rates.

Ins 2.80(5)(m) (m) Unitary basic reserves and unitary deficiency reserves need not be calculated for a juvenile policy if, based upon the initial current premium scale at issue, all of the following conditions are met:

Ins 2.80(5)(m)1. 1. At issue, the insured is age 24 or younger.

Ins 2.80(5)(m)2. 2. Until the insured reaches the end of the juvenile period, which shall occur at or before age 25, the gross premiums and death benefits are level, and there are no cash surrender values.

Ins 2.80(5)(m)3. 3. After the end of the juvenile period, gross premiums are level for the remainder of the premium-paying period, and death benefits are level for the remainder of the life of the policy.

Ins 2.80 Note Note: The jumping juvenile policy described has traditionally been valued in two segments. This exemption will allow that practice to continue without requiring the calculation of reserves on a unitary basis. However, within each segment, both basic and deficiency reserves shall comply with the segmented reserve requirements.

Ins 2.80(6) (6) Calculation of minimum valuation standard for flexible premium and fixed premium universal life insurance policies that contain provisions resulting in the ability of a policyowner to keep a policy in force over a secondary guarantee period.

Ins 2.80(6)(a) (a) Policies with a secondary guarantee include any of the following:

Ins 2.80(6)(a)1. 1. A policy with a guarantee that the policy will remain in force at the original schedule of benefits subject only to the payment of specified premiums.

Ins 2.80(6)(a)2. 2. A policy in which the minimum premium at any duration is less than the corresponding one-year valuation premium, calculated using the maximum valuation interest rate and the 1980 CSO valuation table with or without 10-year select mortality factors.

Ins 2.80(6)(a)3. 3. A policy with any combination of the features described in subds. 1. and 2.

Ins 2.80(6)(b) (b) A secondary guarantee period is the period for which the policy is guaranteed to remain in force subject only to a secondary guarantee. When a policy contains more than one secondary guarantee, the minimum reserve shall be the greatest of the respective minimum reserves at that valuation date of each unexpired secondary guarantee, ignoring all other secondary guarantees. Secondary guarantees that are unilaterally changed by the insurer after issue shall be considered to have been made at issue. Reserves described in pars. (g) and (h) shall be recalculated from issue to reflect these changes.

Ins 2.80(6)(c) (c) Specified premiums mean the premiums specified in the policy, the payment of which guarantees that the policy will remain in force at the original schedule of benefits, but which otherwise would be insufficient to keep the policy in force in the absence of the guarantee if maximum mortality and expense charges and minimum interest credits were made and any applicable surrender charges were assessed.

Ins 2.80(6)(d) (d) For purposes of this subsection, the minimum premium for any policy year is the premium that, when paid into a policy with a zero account value at the beginning of the policy year, produces a zero account value at the end of the policy year. The minimum premium calculation shall use the policy cost factors, including mortality charges, loads and expense charges, and the interest crediting rate, which are all guaranteed at issue.

Ins 2.80(6)(e) (e) The one-year valuation premium means the net one-year premium based upon the original schedule of benefits for a given policy year. The one-year valuation premiums for all policy years are calculated at issue. The select mortality factors defined in sub. (4) (a) 2. and sub. (4) (b) 2. and 3. may not be used to calculate the one-year valuation premiums.

Ins 2.80(6)(f) (f) The 1-year valuation premium should reflect the frequency of fund processing, as well as the distribution of deaths assumption employed in the calculation of the monthly mortality charges to the fund.

Ins 2.80(6)(g) (g) Basic reserves for the secondary guarantees shall be the segmented reserves for the secondary guarantee period. In calculating the segments and the segmented reserves, the gross premiums shall be set equal to the specified premiums, if any, or otherwise to the minimum premiums, that keep the policy in force and the segments shall be determined according to the contract segmentation method.

Ins 2.80(6)(h) (h) Deficiency reserves, if any, for the secondary guarantees shall be calculated for the secondary guarantee period in the same manner as described in sub. (5) (b), (c), (d), and (e) with gross premiums set equal to the specified premiums, if any, or otherwise to the minimum premiums that keep the policy in force.

Ins 2.80(6)(i) (i) The minimum reserves during the secondary guarantee period are the greater of the following:

Ins 2.80(6)(i)1. 1. The basic reserves for the secondary guarantee plus the deficiency reserve, if any, for the secondary guarantees.

Ins 2.80(6)(i)2. 2. The minimum reserves required by other rules governing universal life plans.

Ins 2.80 Note Note: The tables at pages 21 through 43 of the national association of insurance commissioners valuation of life insurance policies model regulation updated and published by the national association of insurance commissioners model regulation service in April 1999 contains tables of select mortality factors that are the bases to which the respective percentage of sub. (4) (a) 2., (b) 2., and 3. are applied. The 6 tables of select mortality factors include: (1) male aggregate, (2) male nonsmoker, (3) male smoker, (4) female aggregate, (5) female nonsmoker, and (6) female smoker. These tables apply to both age last birthday and age nearest birthday mortality tables.

Ins 2.80 Note For sex-blended mortality tables, compute select mortality factors in the same proportion as the underlying mortality. For example, for the 1980 CSO-B Table, the calculated select mortality factors are 80% of the appropriate male table in the tables at pages 18 through 35 of the national association of insurance commissioners valuation of life insurance policies model regulation updated and published by the national association of insurance commissioners model regulation service in April 1999, plus 20% of the appropriate female table in the tables at pages 18 through 35 of the national association of insurance commissioners valuation of life insurance policies model regulation updated and published by the national association of insurance commissioners model regulation service in April 1999.

Ins 2.80 Note Section Ins 2.20 allows the use of sex-blended mortality table for the purposes of determining nonforfeiture values, but sex-blended tables are not allowed for the purposes of valuing minimum reserve liabilities under s. Ins 2.80 or s. 623.06, Stats.

Ins 2.80 Note Note: Copies of the tables at pages 21 through 43 of the national association of insurance commissioners valuation of life insurance policies model regulation updated and published by the national association of insurance commissioners model regulation service in April 1999 for use with s. Ins 2.80, Wis. Adm. Code, are available from the Office of the Commissioner of Insurance, P.O. Box 1768, Madison WI 53707-7873 or from the OCI website: http://oci.wi.gov, at information for companies, OCI rule-making information.

Ins 2.80 History History: Cr. Register, March, 1998, No. 507, eff. 1-1-99; r. and recr. Register, June, 1999, No. 522, eff. 7-1-99; CR 04-071: cr. (2) (e), am. (4) (b) 3. (intro.), r. Appendix I, Register December 2004 No. 588, eff. 1-1-05; CR 14-008: r. (4) (b) 3. b., c., am. (4) (b) 3. g., i. Register August 2014 No. 704, eff. 9-1-14.

Ins 2.81 Ins 2.81  Recognition of the 2001 CSO mortality table for use in determining minimum reserve liabilities and nonforfeiture benefits.

Ins 2.81(1) (1)  Authority. This section is promulgated by the commissioner of insurance pursuant to s. 623.06 (2) (am) 3, Stats., standard valuation law, and s. 632.43 (6m) (e) 3. f., Stats., standard nonforfeiture law for life insurance.

Ins 2.81(2) (2) Purpose. The purpose of this section is to recognize, permit and prescribe the use of: the 2001 commissioners' standard ordinary CSO mortality table in accordance with s. 623.06 (2) (am) 3., Stats., standard valuation law, and s. 632.43 (6m) (e) 3. f., Stats., standard nonforfeiture law for life insurance; the 2001 CSO mortality table in s. Ins 2.20 unisex nonforfeiture values in certain life insurance policies, s. Ins 2.35 smoker and nonsmoker mortality tables for minimum reserve liabilities and minimum nonforfeiture benefits, and s. Ins 2.80 valuation of life insurance policies; mortality tables that reflect differences in mortality between preferred and standard lives in determining minimum reserve liabilities in accordance with s. 623.06 (2) (am) 3., Stats., standard valuation law, and s. Ins 2.80 valuation of life insurance policies; and the 1980 commissioners' standard ordinary CSO mortality table for determining the minimum standard of valuation of reserves and the minimum standard nonforfeiture values for funeral policies.

Ins 2.81(3) (3) Definitions. In this section:

Ins 2.81(3)(a) (a) “2001 CSO mortality table" means that mortality table, consisting of separate rates of mortality for male and female lives, developed by the American Academy of Actuaries CSO Task Force from the valuation basic mortality table developed by the Society of Actuaries Individual Life Insurance Valuation Mortality Task Force, and adopted by the NAIC in December 2002. The 2001 CSO mortality table is included in the Proceedings of the NAIC (2nd Quarter 2002) and is supplemented by the 2001 CSO preferred class structure mortality table and may be obtained from the office. Unless the context indicates otherwise, the “2001 CSO mortality table" includes both the ultimate form of that table and the select and ultimate form of that table and includes both the smoker and nonsmoker mortality tables and the composite mortality tables. It also includes both the age-nearest-birthday and age-last-birthday bases of the mortality tables.

Ins 2.81 Note Note: The 2001 CSO mortality table may be obtained from the website of the Office of the Commissioner of Insurance (http://oci.wi.gov) or by writing to the Office.

Ins 2.81(3)(b) (b) “2001 CSO mortality table (F)" means that mortality table consisting of the rates of mortality for female lives from the 2001 CSO mortality table.

Ins 2.81(3)(c) (c) “2001 CSO mortality table (M)" means that mortality table consisting of the rates of mortality for male lives from the 2001 CSO mortality table.

Ins 2.81(3)(cm) (cm) “2001 CSO preferred class structure mortality table" means mortality tables with separate rates for super preferred nonsmokers, preferred nonsmokers, residual standard nonsmokers, preferred smokers, and residual standard smoker splits of the 2001 CSO nonsmoker and smoker tables as adopted by the NAIC at the September, 2006 national meeting and published in the Proceedings of the NAIC (3rd Quarter 2006). Unless the context indicates otherwise, the “2001 CSO preferred class structure mortality table" includes both the ultimate form of that table and the select and ultimate form of that table. It includes both the smoker and nonsmoker mortality tables. It includes both the male and female mortality tables and the gender composite mortality tables. It also includes both the age-nearest-birthday and age-last-birthday bases of the mortality table.

Ins 2.81 Note Note: The 2001 CSO preferred class structure mortality table may be obtained from the website of the Office of the Commissioner of Insurance (http://oci.wi.gov) or by writing to the Office.