§ 38a-88 — Regulations.

(a) The commissioner shall adopt regulations in accordance with the provisions of chapter 54 to implement the provisions of sections 38a-85 to 38a-89, inclusive. (b) (1) The commissioner may adopt regulations in accordance with the provisions of chapter 54 to establish, in addition to the requirements of sections 38a-85 and 38a-86 , requirements relating to or setting forth (A) the valuation of assets or reserve credits, (B) the circumstances under which credit will be reduced or eliminated, and (C) the amounts and forms of security supporting reinsurance agreements relating to (i) life insurance policies with guaranteed nonlevel gross premiums or guaranteed nonlevel benefits, (ii) universal life insurance policies with provisions that permit a policyholder to keep such policy in force over a secondary guarantee period, (iii) variable annuities with guaranteed death or living benefits, (iv) long-term care insurance policies, or (v) any other life insurance, health insurance or annuity products for which the National Association of Insurance Commissioners adopts model regulatory credit for reinsurance requirements. (2) Any regulation adopted pursuant to subdivision (1) of this subsection that relates to policies described in subparagraph (C)(i) or (C)(ii) of subdivision (1) of this subsection may apply to reinsurance agreements that include such policies issued on or after January 1, 2015, and such policies issued prior to January 1, 2015, if risk pertaining to such policies is ceded, in whole or in part, in connection with such agreement on or after January 1, 2015. (3) Any regulations adopted pursuant to subdivision (1) of this subsection may require the ceding insurer, in calculating the amounts or forms of security supporting reinsurance agreements, to use the Valuation Manual, as defined in section 38a-78 , in effect on the date such calculation is made, to the extent applicable. (4) Any regulation adopted pursuant to this subsection shall not apply to cessions to an assuming insurer that (A) meets the conditions set forth in subsection (g) of section 38a-85 , (B) is certified as a reinsurer in accordance with the provisions of section 38a-85a , or (C) maintains at least two hundred fifty million dollars in capital and surplus, determined in accordance with the National Association of Insurance Commissioners Accounting Practices and Procedures Manual, including all amendments adopted by the National Association of Insurance Commissioners and excluding the impact of any permitted or prescribed practices, and (i) is licensed in at least twenty-six states, or (ii) is licensed in at least ten states and licensed or accredited in a total of at least thirty-five states. (5) The authority to adopt regulations pursuant to this subsection does not limit the commissioner's general authority to adopt regulations pursuant to subsection (a) of this section.

Legislative History

(P.A. 90-41, S. 4, 6; P.A. 17-59, S. 3; P.A. 21-157, S. 9.) History: P.A. 17-59 designated existing provisions re commissioner to adopt regulations as Subsec. (a) and added Subsec. (b) re commissioner may adopt regulations re credits for reinsurance; P.A. 21-157 amended Subsec. (b) by redesignating existing Subdiv. (3)(A) as Subdiv. (3), redesignating existing Subdiv. (3)(B) as Subdiv. (4), adding “any regulation adopted pursuant to this subsection shall” therein, adding Subdiv. (4)(A) re conditions set forth in Sec. 38a-85(g), redesignating existing Subdiv. (3)(B)(i) as Subdiv. (4)(B), existing Subdiv. (3)(B)(ii)(I) as Subdiv. (4)(C) and existing Subdiv. (3)(B)(ii)(II) as Subdiv. (4)(C)(i), designating provision re assuming insurers licensed in at least 10 states and licensed or accredited in a total of at least 35 states as Subdiv. (4)(C)(ii), adding Subdiv. (5) re commissioner's authority to adopt regulations and making conforming and technical changes.