§ 3791f. Computation of minimum standard by calendar year of issue
(a) The interest rates used in determining the minimum standard for the valuation of the
following shall be the calendar year statutory valuation interest rates as defined
in this section:
(1) life insurance policies issued in a particular calendar year, on or after the operative
date of section 3768 of this chapter;
(2) individual annuity and pure endowment contracts issued in a particular calendar year
on or after January 1, 1984;
(3) annuities and pure endowments purchased in a particular calendar year on or after
January 1, 1984 under group annuity and pure endowment contracts; and
(4) the net increase, if any, in a particular calendar year after January 1, 1984 in amounts
held under guaranteed interest contracts.
(b) The calendar year statutory valuation interest rates, I, shall be determined as follows
and the results rounded to the nearer one-quarter of one percent:
(1) For life insurance:
| |
I = .03 + W(R1 - .03) + W/2(R2 - .09). |
(2) For single premium immediate annuities and for annuity benefits involving life contingencies
arising from other annuities with cash settlement options and from guaranteed interest
contracts with cash settlement options:
| |
I = .03 + W(R - .03) |
| where |
R1 is the lesser of R and .09; |
| |
R2 is the greater of R and .09; |
| |
R is the reference interest rate defined in this section; and |
| |
W is the weighting factor defined in this section. |
(3) For other annuities with cash settlement options and guaranteed interest contracts
with cash settlement options, valued on an issue year basis, except as stated in subdivision
(2) of this subsection, the formula for life insurance stated in subdivision (1) of
this subsection shall apply to annuities and guaranteed interest contracts with guarantee
durations in excess of 10 years and the formula for single premium immediate annuities
stated in subdivision (2) of this subsection shall apply to annuities and guaranteed
interest contracts with guarantee duration of 10 years or less.
(4) For other annuities with no cash settlement options and for guaranteed interest contracts
with no cash settlement options, the formula for single premium immediate annuities
stated in subdivision (2) of this subsection shall apply.
(5) For other annuities with cash settlement options and guaranteed interest contracts
with cash settlement options, valued on a change in fund basis, the formula for single
premium immediate annuities stated in this section shall apply.
(6) Notwithstanding any provisions to the contrary in this subsection (b), if the calendar
year statutory valuation interest rate for any life insurance policies issued in any
calendar year determined without reference to this sentence differs from the corresponding
actual rate for similar policies issued in the immediately preceding calendar year
by less than one-half of one percent, the calendar year statutory valuation interest
rate for such life insurance policies shall be equal to the corresponding actual rate
for the immediately preceding calendar year. For purposes of applying the immediately
preceding sentence, the calendar year statutory valuation interest rate for life insurance
policies issued in a calendar year shall be determined for 1980 (using the reference
interest rate defined for 1979) and shall be determined for each subsequent calendar
year regardless of when section 3768 of this chapter becomes operative.
(c) The weighting factors referred to in the formulas stated above are given in the following
tables:
(1) Weighting Factors for Life Insurance:
| |
Guarantee Duration |
Weighting |
| |
(Years) |
Factors |
| |
10 or less |
.50 |
| |
More than 10, but not more than 20 |
.45 |
| |
More than 20 |
.35 |
For life insurance, the guarantee duration is the maximum number of years the life
insurance can remain in force on a basis guaranteed in the policy or under options
to convert to plans of life insurance with premium rates or nonforfeiture values,
or both, that are guaranteed in the original policy.
(2) Weighting factors for single premium immediate annuities and for annuity benefits
involving life contingencies arising from other annuities with cash settlement options
and guaranteed interest contracts with cash settlement options.
(3) Weighting factors for other annuities and for guaranteed interest contracts, except
as stated in subdivision (2) of this subsection, shall be as specified in tables (A),
(B), and (C) of this section, according to the rules and definitions in (D), (E),
and (F) of this section.
(A) For annuities and guaranteed interest contracts valued on an issue year basis:
| |
Guarantee Duration |
Weighting Factor for Plan Type |
| |
(Years) |
A |
B |
C |
| |
|
|
|
|
| |
5 or less: |
.80 |
.60 |
.50 |
| |
More than 5, but not more |
|
|
|
| |
than 10: |
.75 |
.60 |
.50 |
| |
More than 10, but not more |
|
|
|
| |
than 20: |
.65 |
.50 |
.45 |
| |
More than 20: |
.45 |
.35 |
.35 |
(B) For annuities and guaranteed interest contracts valued on a change in fund basis,
the factors shown in subdivision (A) increased by:
| Plan Type |
| A |
B |
C |
| .15 |
.25 |
.05 |
(C) For annuities and guaranteed interest contracts valued on an issue year basis (other
than those with no cash settlement options) that do not guarantee interest on considerations
received more than one year after issue or purchase and for annuities and guaranteed
interest contracts valued on a change in fund basis that do not guarantee interest
rates on consideration received more than 12 months beyond the valuation date, the
factors shown in subdivision (A) or derived in subdivision (B) increased by:
| Plan Type |
| A |
B |
C |
| .05 |
.05 |
.05 |
(D) For other annuities with cash settlement options and guaranteed interest contracts
with cash settlement options, the guarantee duration is the number of years for which
the contract guarantees interest rates in excess of the calendar year statutory valuation
interest rate for life insurance policies with guarantee duration in excess of 20
years. For other annuities with no cash settlement options and for guaranteed interest
contracts with no cash settlement options, the guarantee duration is the number of
years from the date of issue or date of purchase to the date annuity benefits are
scheduled to commence.
(E) As used in the above tables:
(i) Plan Type A means that at any time the policyholder may withdraw funds only:
(I) with an adjustment to reflect changes in interest rates or asset values since receipt
of the funds by the insurance company;
(II) without such adjustment but in installments over five years or more;
(III) as an immediate life annuity; or
(IV) no withdrawal permitted.
(ii) Plan Type B means that, before expiration of the interest rate guarantee, the policyholder
may withdraw funds only:
(I) with an adjustment to reflect changes in interest rates or asset values since receipt
of the funds by the insurance company;
(II) without such adjustment but in installments over five years or more;
(III) no withdrawal permitted; or
(IV) at the end of interest rate guarantee, funds may be withdrawn without such adjustment
in a single sum or installments over less than five years.
(iii) Plan Type C means a policyholder may withdraw funds before expiration of interest
rate guarantee in a single sum or installments over less than five years either:
(I) without adjustment to reflect changes in interest rates or asset values since receipt
of the funds by the insurance company; or
(II) subject only to a fixed surrender charge stipulated in the contract as a percentage
of the fund.
(F) A company may elect to value guaranteed interest contracts with cash settlement options
and annuities with cash settlement options on either an issue year basis or on a change
in fund basis. Guaranteed interest contracts with no cash settlement options and other
annuities with no cash settlement options must be valued on an issue year basis. As
used in this section, an issue year basis of valuation refers to a valuation basis
under which the interest rate used to determine the minimum valuation standard for
the entire duration of the annuity or guaranteed interest contract is the calendar
year valuation interest rate for the year of issue or year of purchase of the annuity
or guaranteed interest contract, and the change in fund basis of valuation refers
to a valuation basis under which the interest rate used to determine the minimum valuation
standard applicable to each change in the fund held under the annuity or guaranteed
interest contract is the calendar year valuation interest rate for the year of the
change in the fund.
(d) The Reference Interest Rate referred to in subsection (b) of this section shall be
defined as follows:
(1) For life insurance, the lesser of the average over a period of 36 months and the average
over a period of 12 months, ending on June 30 of the calendar year next preceding
the year of issue, of the monthly average of the composite yield on seasoned corporate
bonds, as published by Moody’s Investors Service, Inc.
(2) For single premium immediate annuities and for annuity benefits involving life contingencies
arising from other annuities with cash settlement options and guaranteed interest
contracts with cash settlement options, the average over a period of 12 months, ending
on June 30 of the calendar year of issue or year of purchase, of the monthly average
of the composite yield on seasoned corporate bonds, as published by Moody’s Investors
Service, Inc.
(3) For other annuities with cash settlement options and guaranteed interest contracts
with cash settlement options, valued on a year of issue basis, except as stated in
subdivision (2) of this subsection, with guarantee duration in excess of 10 years,
the lesser of the average over a period of 36 months and the average over a period
of 12 months, ending on June 30 of the calendar year of issue or purchase, of the
monthly average of the composite yield on seasoned corporate bonds, as published by
Moody’s Investors Services, Inc.
(4) For other annuities with cash settlement options and guaranteed interest contracts
with cash settlement options, valued on a year of issue basis, except as stated in
subdivision (2) of this subsection, with guaranteed duration of 10 years or less,
the average over a period of 12 months, ending on June 30 of the calendar year of
issue or purchase, of the monthly average of the composite yield on seasoned corporate
bonds, as published by Moody’s Investors Services, Inc.
(5) For other annuities with no cash settlement options and for guaranteed interest contracts
with no cash settlement options, the average over a period of 12 months, ending on
June 30 of the calendar year of issue or purchase, of the monthly average of the composite
yield on seasoned corporate bonds, as published by Moody’s Investors Service, Inc.
(6) For other annuities with cash settlement options and guaranteed interest contracts
with cash settlement options, valued on a change in fund basis, except as stated in
subdivision (2) of this subsection, the average over a period of 12 months, ending
on June 30 of the calendar year of the change in the fund, of the monthly average
of the composite yield on seasoned corporate bonds, as published by Moody’s Investors
Service, Inc.
(7) Alternative method for determining reference interest rates. In the event that the monthly average of the composite yield on seasoned corporate
bonds is no longer published by Moody’s Investors Service, Inc., or in the event that
the NAIC determines that the monthly average of the composite yield on seasoned corporate
bonds as published by Moody’s Investors Service, Inc. is no longer appropriate for
the determination of the reference interest rate, then an alternative method for determination
of the reference interest rate adopted by the NAIC and approved by rule adopted by
the Commissioner may be substituted. (Added 2015, No. 63, § 1, eff. June 17, 2015.)