La. Admin. Code tit. 37 § XIII-18307

Current through Register Vol. 50, No. 9, September 20, 2024

Section XIII-18307 - Exemptions

A. This regulation does not apply to the situations described in Paragraphs 1-7.

1. Reinsurance of:

a. policies that satisfy the criteria for exemption set forth in §10911.F and §10911.G of Regulation 85 and that are issued before the later of:

i. September 1, 2022; and

ii. the date on which the ceding insurer begins to apply the provisions of VM-20 to establish the ceded policies' statutory reserves, but in no event later than January 1, 2020;

b. portions of policies that satisfy the criteria for exemption set forth in §10911.E of Regulation 85 and that are issued before the later of:

i. September 1, 2022; and

ii. the date on which the ceding insurer begins to apply the provisions of VM-20 to establish the ceded policies' statutory reserves, but in no event later than January 1, 2020;

c. any universal life policy that meets all of the following requirements:

i. secondary guarantee period, if any, is five years or less;

ii. specified premium for the secondary guarantee period is not less than the net level reserve premium for the secondary guarantee period based on the Commissioners Standard Ordinary (CSO) valuation tables and valuation interest rate applicable to the issue year of the policy; and

iii. the initial surrender charge is not less than 100 percent of the first year annualized specified premium for the secondary guarantee period;

d. credit life insurance;

e. 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; or

f. any group life insurance certificate unless the certificate provides 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.

2. Reinsurance ceded to an assuming insurer that meets the applicable requirements of R.S.22:651(D); or

3. Reinsurance ceded to an assuming insurer that meets the applicable requirements of R.S.22:651(B) or (C), and that, in addition:

a. prepares statutory financial statements in compliance with the NAIC Accounting Practices and Procedures Manual, without any departures from NAIC statutory accounting practices and procedures pertaining to the admissibility or valuation of assets or liabilities that increase the assuming insurer's reported surplus and are material enough that they need to be disclosed in the financial statement of the assuming insurer pursuant to Statement of Statutory Accounting Principles No. 1 (SSAP 1); and

b. is not in a company action level event, regulatory action level event, authorized control level event, or mandatory control level event as those terms are defined in R.S. 22:613 through 22:616 when its risk-based capital (RBC) is calculated in accordance with the life risk-based capital report including overview and instructions for companies, as the same may be amended by the NAIC from time to time, without deviation; or

4. reinsurance ceded to an assuming insurer that meets the applicable requirements of R.S.22:651(B) or (C), and that, in addition:

a. is not an affiliate, as that term is defined in R.S. 22:691.2(1), of:

i. the insurer ceding the business to the assuming insurer; or

ii. any insurer that directly or indirectly ceded the business to that ceding insurer;

b. prepares statutory financial statements in compliance with the NAIC Accounting Practices and Procedures Manual;

c. is both:

i. licensed or accredited in at least 10 states (including its state of domicile), and

ii. not licensed in any state as a captive, special purpose vehicle, special purpose financial captive, special purpose life reinsurance company, limited purpose subsidiary, or any other similar licensing regime; and

d. is not, or would not be, below 500 percent of the authorized control level RBC as that term is defined in R.S. 22:611(8)(a) when its RBC is calculated in accordance with the life risk-based capital report including overview and instructions for companies, as the same may be amended by the NAIC from time to time, without deviation, and without recognition of any departures from NAIC statutory accounting practices and procedures pertaining to the admission or valuation of assets or liabilities that increase the assuming insurer's reported surplus; or

5. reinsurance ceded to an assuming insurer that meets the requirements of R.S. 22:661(B)(4); or

6. reinsurance not otherwise exempt under Subsections A through E if the commissioner, after consulting with the NAIC Financial Analysis Working Group (FAWG) or other group of regulators designated by the NAIC, as applicable, determines under all the facts and circumstances that all of the following apply:

a. the risks are clearly outside of the intent and purpose of this regulation, as described in §18301 above;

b. the risks are included within the scope of this regulation only as a technicality; and

c. the application of this regulation to those risks is not necessary to provide appropriate protection to policyholders. The commissioner shall publicly disclose any decision made pursuant to §18307.F to exempt a reinsurance treaty from this regulation, as well as the general basis therefor (including a summary description of the treaty); or

7. meets the conditions set forth in R.S. 22:651(F) in this state.

La. Admin. Code tit. 37, § XIII-18307

Promulgated by the Department of Insurance, Office of the Commissioner, LR 481584 (6/1/2022).

AUTHORITY NOTE: Promulgated in accordance with R.S. 22:11, 22:651, 22:652, 22:661, 22:753, and the Administrative Procedure Act, R.S. 49:950 et seq.