Ins 2.40(3)(c)(c) An insurer may offer to the public an annuity contract without a life contingency only through licensed intermediaries or directly by the insurer. Ins 2.40(4)(4) Applicable statutes and administrative rules. An annuity contract without a life contingency is deemed to be an annuity for purposes of chs. 600 to 645, Stats., and all rules adopted thereunder, including, but not limited to, ch. 623, Stats., ss. 631.20 to 631.27, Stats., and ss. Ins 2.07, 2.15, 6.05, and 51.80. Ins 2.40 HistoryHistory: Cr. Register, December, 1988, No. 396, eff. 1-1-89; correction in (4) made under s. 13.93 (2m) (b) 7., Stats., Register, June, 1999, No. 522. Ins 2.45Ins 2.45 Charitable organizations; insurable interest. Ins 2.45(1)(1) Purpose. The purpose of this section is to interpret s. 631.07, Stats., with respect to the insurable interest of charitable organizations. This section does not limit or abridge any insurable interest existing at common law or by statute. Ins 2.45(2)(2) Scope. This section applies to life insurance policies issued in this state, including, but not limited to, policies in force on March 1, 1994. Ins 2.45(3)(b)(b) “Life insurance” includes endowment policies and annuities. Ins 2.45(4)(4) Insurable interest. A charitable organization may be the applicant, owner or beneficiary of a life insurance policy issued on the life of any individual. A charitable organization is deemed to have an insurable interest in the individual. For insurance applied for on or after March 1, 1994, the charitable organization has an insurable interest only if it obtains the consent of the individual in writing or by other means authorized by common law or by statute. Ins 2.45 HistoryHistory: Cr. Register, February, 1994, No. 458, eff. 3-1-94. Ins 2.80Ins 2.80 Valuation of life insurance policies. Ins 2.80(1)(a)(a) This section establishes minimum standards under ch. 623, Stats., for life insurance policy reserves by providing tables of select mortality factors, establishing rules concerning a minimum standard for the valuation of plans with non-level premiums or benefits, and establishing rules concerning a minimum standard for the valuation of plans with secondary guarantees. Ins 2.80(1)(b)(b) The method for calculating basic reserves defined in this section constitutes the commissioner’s reserve valuation method for policies to which this section is applicable. Ins 2.80(2)(2) Scope. This section applies to all life insurance policies, wherever sold, with or without nonforfeiture values, issued on or after January 1, 2000, subject to the following exceptions and conditions: Ins 2.80(2)(a)(a) This section does not apply to any individual life insurance policy issued on or after January 1, 2000, if the policy is issued in accordance with and as a result of the exercise of a reentry provision contained in the original life insurance policy of the same or greater face amount that was issued before January 1, 2000 that guarantees the premium rates of the new policy. This section also does not apply to subsequent policies issued as a result of the exercise of such a provision in the new policy. Ins 2.80(2)(b)(b) This section does not apply to any of the following: Ins 2.80(2)(b)1.1. Any universal life policy that meets all the following requirements: Ins 2.80(2)(b)1.b.b. The specified premium for the secondary guarantee period is not less than the net level reserve premium for the secondary guarantee period based on the CSO valuation tables as defined in sub. (3) (f) and the applicable valuation interest rate. Ins 2.80(2)(b)1.c.c. The initial surrender charge is not less than 100% of the first year annualized specified premium for the secondary guarantee period. Ins 2.80(2)(b)2.2. Any variable life insurance policy that provides for life insurance, the amount or duration of which varies according to the investment experience of any separate account or accounts. Ins 2.80(2)(b)3.3. Any variable universal life insurance policy that provides for life insurance, the amount or duration of which varies according to the investment experience of any separate account or accounts. Ins 2.80(2)(b)4.4. Group life insurance certificates, unless the certificates provide for a stated or implied schedule of maximum gross premiums required in order to continue coverage in force for a period in excess of one year. Ins 2.80(2)(c)(c) Calculation of the minimum valuation standard for policies with guaranteed nonlevel gross premiums or guaranteed nonlevel benefits, other than universal life policies, or both, shall be in accordance with the provisions of sub. (5). Ins 2.80(2)(d)(d) Calculation of the minimum valuation standard for flexible premium and fixed premium universal life insurance policies, that contain provisions resulting in the ability of a policyholder to keep a policy in force over a secondary guarantee period shall be in accordance with the provisions of sub. (6). Ins 2.80(2)(e)(e) This section applies to policies that are subject to s. Ins 2.81 in the manner specified in that section. Ins 2.80(3)(b)(b) “Contract segmentation method” means the method of dividing the period from issue to mandatory expiration of a policy into successive segments, with the length of each segment being defined as the period from the end of the prior segment, or from policy inception for the first segment, to the end of the latest policy year as determined below. All calculations are made using the 1980 CSO valuation table and, if elected, the optional minimum mortality standard for deficiency reserves in sub. (4) (b). The length of a particular contract segment shall be set equal to the minimum of the value t for which Gt is greater than Rt. If Gt never exceeds Rt the segment length is deemed to be the number of years from the beginning of the segment to the mandatory expiration date of the policy. Gt and Rt are defined as follows: where:
x = original issue age;
k = the number of years from the date of issue to the beginning of the segment;
t = the number of years from the beginning of the segment
= 1, 2, ...; t is reset to 1 at the beginning of each segment;
GPx+k+t-1 = Guaranteed gross premium per thousand of face amount, ignoring policy fees only if level for the premium paying period of the policy, for year t of the segment.
However, if GPx+k+t is greater than 0 and GPx+k+t-1 is equal to 0, Gt shall be deemed to be 1000. If GPx+k+t and GPx+k+t-1 are both equal to 0, Gt shall be deemed to be 0.
however, Rt may be increased or decreased by one percent in any policy year, at the insurer’s option, but Rt may not be less than one;
where:
x, k and t are as defined above, and
qx+k+t-1 = valuation mortality rate for deficiency reserves in policy year k+t but using the mortality of sub. (4) (b) 2. if sub. (4) (b) 3. is elected for deficiency reserves.
Ins 2.80 NoteNote: The purpose of the one percent tolerance in the R factor is to prevent irrational segment lengths due to such things as premium rounding. For example, consider a plan in which gross premiums are designed at some point to be a ratio times the underlying ultimate mortality rates, where the ratio varies by issue age. The resulting segments may be greater than one year, because the gross premiums are not expressed in fractional cents. The tolerance factor allows the creation of one-year segments for a plan in which premiums parallel the underlying valuation mortality table.
Ins 2.80(3)(c)(c) “Deficiency reserves” means the excess, if greater than zero, of minimum reserves calculated in accordance with the principles of s. 623.06 (7), Stats., over basic reserves. Ins 2.80(3)(d)(d) “Guaranteed gross premiums” means the premiums under a policy of life insurance that are guaranteed and determined at issue. Ins 2.80(3)(e)(e) “Maximum valuation interest rates” means the interest rates defined in s. 623.06 (2m), Stats., that are to be used in determining the minimum standard for the valuation of life insurance policies. Ins 2.80(3)(f)(f) “1980 CSO valuation table” means the commissioner’s’ 1980 standard ordinary mortality table without 10-year select mortality factors, incorporated into the 1980 amendments to the national association of insurance commissioner’s standard valuation law, as provided in s. 623.06 (2) (am), Stats., and variations of the 1980 CSO valuation table approved by the national association of insurance commissioners, such as the unisex and smoker and non-smoker versions approved in December 1983 and adopted by ss. Ins 2.20 and 2.35. Ins 2.80 NoteNote: This paragraph defines the 1980 CSO valuation table without the existing 10 year select mortality factors to assure that, if select mortality factors are elected, only one set of factors may be applied to the base valuation mortality table.
Ins 2.80(3)(g)(g) “Scheduled gross premium” means the smallest illustrated gross premium at issue for other than universal life insurance policies. For universal life insurance policies, “scheduled gross premium” means the smallest specified premium described in sub. (6) (c), if any, or else the minimum prescribed in sub. (6) (d). Ins 2.80(3)(h)(h) “Segmented reserves” means reserves, calculated using segments produced by the contract segmentation method, equal to the present value of all future guaranteed benefits less the present value of all future net premiums to the mandatory expiration of a policy, where the net premiums within each segment are a uniform percentage of the respective guaranteed gross premiums within the segment. The uniform percentage for each segment is such that, at the beginning of the segment, the present value of the net premiums within the segment is calculated in the following manner: Ins 2.80(3)(h)1.1. The present value of the death benefits within the segment, plus Ins 2.80(3)(h)2.2. The present value of any unusual guaranteed cash value, as provided in sub. (5) (g), occurring at the end of the segment, less Ins 2.80(3)(h)3.3. Any usual guaranteed cash value occurring at the start of the segment, plus Ins 2.80(3)(h)4.a.a. A net level annual premium equal to the present value, at the date of issue, of the benefits provided for in the first segment after the first policy year, divided by the present value, at the date of issue, of an annuity of one per year payable on the first and each subsequent anniversary within the first segment on which a premium falls due. However, the net level annual premium may not exceed the net level annual premium on the 19-year premium whole life plan of insurance of the same renewal year equivalent level amount at an age one year higher than the age at issue of the policy. Ins 2.80(3)(h)4.b.b. A net one-year term premium for the benefits provided for in the first policy year. Ins 2.80(3)(h)5.5. The length of each segment is determined by the contract segmentation method. Ins 2.80(3)(h)6.6. The interest rates used in the present value calculations for any policy may not exceed the maximum valuation interest rate, determined with a guarantee duration equal to the sum of the length of all segments of the policy. Ins 2.80(3)(h)7.7. For both basic reserves and deficiency reserves computed by the contract segmentation method, present values shall include future benefits and net premiums in the current segment and in all subsequent segments. Ins 2.80 NoteNote: The segmentation requirement should not be limited to plans with no cash surrender values; otherwise companies could avoid segmentation entirely by designing policies with minimal (positive) cash values. Segmentation for plans with cash surrender values should be based solely upon gross premium levels. Basing segmentation upon the level of cash surrender values introduces complications because of the interrelationship between minimum cash surrender values and gross premium patterns. The requirements of this section relating to reserves or plans with unusual cash values and to reserves if cash values exceed calculated reserves serve to link required reserves and cash surrender values. The calculation of segmented reserves shall not be linked to the occurrence of a positive unitary terminal reserve at the end of a segment. The requirement of this section to hold the greater of the segmented reserve or the unitary reserve eliminates the need for any linkage.
Ins 2.80(3)(i)(i) “Tabular cost of insurance” means the net single premium at the beginning of a policy year for one-year term insurance in the amount of the guaranteed death benefit in that policy year. Ins 2.80(3)(j)(j) “Ten-year select factors” means the select factors adopted with the 1980 amendments to the national association of insurance commissioner’s standard valuation law as provided in s. 623.06 (2) (am), Stats. Ins 2.80(3)(k)(k) “Unitary reserves” means the present value of all future guaranteed benefits less the present value of all future modified net premiums, where all of the following occur: Ins 2.80(3)(k)1.1. Guaranteed benefits and modified net premiums are considered to the mandatory expiration of the policy. Ins 2.80(3)(k)2.2. Modified net premiums are a uniform percentage of the respective guaranteed gross premiums, where the uniform percentage is such that, at issue, the present value of the net premiums equals the present value of all death benefits and pure endowments, plus the excess of: Ins 2.80(3)(k)2.a.a. A net level annual premium equal to the present value, at the date of issue, of the benefits provided for after the first policy year, divided by the present value, at the date of issue, of an annuity of one year payable on the first and each subsequent anniversary of the policy on which a premium falls due. However, the net level annual premium may not exceed the net level annual premium on the 19-year premium whole life plan of insurance of the same renewal year equivalent level amount at an age one year higher than the age at issue of the policy, over Ins 2.80(3)(k)2.b.b. A net one-year term premium for the benefits provided for the first policy year. Ins 2.80(3)(k)3.3. The interest rates used in the present value calculations for any policy may not exceed the maximum valuation interest rate, determined with a guarantee duration equal to the length from issue to the mandatory expiration of the policy. Ins 2.80 NoteNote: The purpose of this paragraph is to define as specifically as possible what has become commonly called the unitary method. The national association of insurance commissioners standard valuation law does not define the term “unitary” for policies with nonlevel premiums or benefits; its requirements for reserves “computed by a method that is consistent with the principles of the national association of insurance commissioners standard valuation law” has not been uniformly interpreted.
Ins 2.80(3)(L)(L) “Universal life insurance policy” means any individual life insurance policy under the provisions of which separately identified interest credits, other than in connection with dividend accumulations, premium deposit funds, or other supplementary accounts, and mortality or expense charges are made to the policy. Ins 2.80(4)(4) General calculation requirements for basic reserves and premium deficiency reserves. Ins 2.80(4)(a)(a) At the election of the insurer for any one or more specified plans of life insurance, the minimum mortality standard for basic reserves may be calculated using the 1980 CSO valuation table with select mortality factors. If select mortality factors are elected, they may be any of the following: Ins 2.80(4)(a)1.1. The 10-year select mortality factors incorporated into the 1980 amendments to the national association of insurance commissioners standard valuation law, as provided in s. 623.06 (2) (am), Stats. Ins 2.80(4)(a)2.2. The select mortality factors 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 NoteNote: The select mortality factors for durations 1 through 15 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 reflect the society of actuaries’ data for the years 1983 through 1986 (designated as “83-86 SOA inter-company experience” in the tables), split by sex and smoking status, with fifteen years of select mortality improvement, based on the society of actuaries’ projection scale A applied. A 50% margin was added. The factors were then graded to the 1980 CSO valuation table over the next five durations. A 50% margin was deemed appropriate to provide a reasonable margin, with little likelihood that actual experience for significant blocks of business would exceed it.
Ins 2.80(4)(b)(b) Deficiency reserves, if any, are calculated for each policy as the excess, if greater than zero, of the quantity A over the basic reserve. The quantity A is obtained by recalculating the basic reserve for the policy using guaranteed gross premiums instead of net premiums when the guaranteed gross premiums are less than the corresponding net premiums. At the election of the insurer for any one or more specified plans of insurance, the quantity A and the corresponding net premiums used in the determination of quantity A may be based upon the 1980 CSO valuation table with select mortality factors. If select mortality factors are elected, they may be any of the following: Ins 2.80(4)(b)1.1. The 10-year select mortality factors incorporated into 1980 amendments to the national association of insurance commissioners standard valuation law. Ins 2.80(4)(b)2.2. The select mortality factors 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 NoteNote: The select mortality factors 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 do not reflect the underwriting risk classes that have evolved since the period of the underlying experience. In light of this consideration, and the recent recognition of the regulatory value of actuarial opinions, this section allows actuarial judgement to be used for deficiency reserves.
Ins 2.80(4)(b)3.3. For durations in the first segment, X % of the select mortality factors 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, subject to all of the following: Ins 2.80(4)(b)3.a.a. X may vary by policy year, policy form, underwriting classification, issue age, or any other policy factor expected to affect mortality experience. Ins 2.80(4)(b)3.d.d. X is such that, when using the valuation interest rate used for basic reserves, the actuarial present value of future death benefits calculated using the mortality rates resulting from the application of X is greater than or equal to the actuarial present value of future death benefits calculated using anticipated mortality experience without recognition of mortality improvement beyond the valuation date. Ins 2.80(4)(b)3.e.e. X is such that the mortality rates resulting from the application of X are at least as great as the anticipated mortality experience, without recognition of mortality improvement beyond the valuation date, in each of the first 5 years after the valuation date. Ins 2.80(4)(b)3.f.f. The appointed actuary shall increase X at any valuation date where it is necessary to continue to meet all the requirements of this subdivision. Ins 2.80(4)(b)3.g.g. The appointed actuary may decrease X at any valuation date as long as X continues to meet all the requirements of this subdivision. Ins 2.80(4)(b)3.h.h. The appointed actuary shall specifically take into account the adverse effect on expected mortality and lapsation of any anticipated or actual increase in gross premiums. Ins 2.80(4)(b)3.i.i. If X is less than 100% at any duration for any policy, the appointed actuary shall annually prepare an actuarial opinion and memorandum for the company in conformance with the requirements of s. Ins 50.78; the appointed actuary shall disclose in the regulatory asset adequacy issues summary the impact of any insufficiency of assets to support the payment of benefits and expenses and the establishment of statutory reserves during one or more interim periods; and the appointed actuary shall annually offer an opinion for all policies subject to this section as to whether the mortality rates resulting from the application of X meet the requirements of this subdivision. This opinion shall be supported by an actuarial report, subject to appropriate actuarial standards of practice promulgated by the actuarial standards board of the American academy of actuaries. It shall reflect anticipated future mortality, without recognition of mortality improvement beyond the valuation date, taking into account relevant emerging experience.
