Section 760 IAC 1-62-9 - Annual certificationsAuthority: IC 27-1-3-7
Affected: IC 27-1-12-25; IC 27-4-1-4
Sec. 9.
(a) The board of directors of each insurer shall appoint one (1) or more illustration actuaries.(b) The illustration actuary shall certify that:(1) the disciplined current scale used in illustrations is in conformity with the Actuarial Standard of Practice for Compliance with the National Association of Insurance Commissioners Model Regulation on Life Insurance Illustrations promulgated by the Actuarial Standards Board; and(2) the illustrated scales used in insurer-authorized illustrations meet the requirements of this rule.(c) Requirements for an illustration actuary shall be as follows:(1) Be a member in good standing of the American Academy of Actuaries.(2) Be familiar with the standard of practice regarding life insurance policy illustrations.(3) Not have been found by the commissioner, following appropriate notice and hearing, to have: (A) violated any provision of, or any obligation imposed by, the insurance law or other law in the course of his or her dealings as an illustration actuary;(B) been found guilty of fraudulent or dishonest practices;(C) demonstrated his or her incompetence, lack of cooperation, or untrustworthiness to act as an illustration actuary; or(D) resigned or been removed as an illustration actuary within the past five (5) years as a result of acts or omissions indicated in any adverse report on examination or as a result of a failure to adhere to generally acceptable actuarial standards.(4) Not fail to notify the commissioner of any action taken by a commissioner of another state similar to that under subdivision (3).(5) Disclose in the annual certification whether, since the last certification, a currently payable scale applicable for business issued within the previous five (5) years and within the scope of the certification has been reduced for reasons other than changes in the experience factors underlying the disciplined current scale. If nonguaranteed elements illustrated for new policies are not consistent with those illustrated for similar in force policies, disclosure shall be made in the annual certification. If nonguaranteed elements illustrated for both new and in force policies are not consistent with the nonguaranteed elements actually being paid, charged, or credited to the same or similar forms, disclosure shall be made in the annual certification.(6) Disclose in the annual certification the method used to allocate overhead expenses for all illustrations, including: (A) fully allocated expenses;(B) marginal expenses; or(C) a generally recognized expense table based on fully allocated expenses representing a significant portion of insurance companies and approved by the commissioner.(d) The illustration actuary shall file a certification with the board of directors of the insurer and with the commissioner:(1) annually for all policy forms for which illustrations are used; and(2) before a new policy form is illustrated. If an error in a previous certification is discovered, the illustration actuary shall notify the board of directors of the insurer and the commissioner promptly.
(e) If an illustration actuary is unable to certify the scale for any policy form illustration the insurer intends to use, the actuary shall notify the board of directors of the insurer and the commissioner promptly of his or her inability to certify.(f) A responsible officer of the insurer, other than the illustration actuary, shall certify annually that the: (1) illustration formats meet the requirements of this rule, and the scales used in insurer-authorized illustrations are those scales certified by the illustration actuary; and(2) company has provided its agents with information about the expense allocation method used by the company in its illustrations and made disclosures as required in subsection (c)(6).(g) The annual certifications shall be provided to the commissioner each year by a date determined by the insurer.(h) If an insurer changes the illustration actuary responsible for all or a portion of the company's policy forms, the insurer shall notify the commissioner of that fact promptly and disclose the reason for the change.Department of Insurance; 760 IAC 1-62-9; filed Sep 27, 1999, 9:00 a.m.: 23 IR 341, eff Jan 1, 2000; readopted filed Sep 25, 2006, 3:23 p.m.: 20061004-IR-760060200RFA; readopted filed Nov 21, 2012, 4:15 p.m.: 20121219-IR-760120454RFAReadopted filed Nov 13, 2018, 10:02 a.m.: 20181212-IR-760180372RFA