§ 26.1-35-08 — Optional reserve calculation

1. Reserves for all policies and contracts issued prior to July 1, 1977, may be calculated,
at the option of the insurer, according to any standards which produce greater
aggregate reserves for the policies and contracts than the minimum reserves required
by the laws in effect on June 30, 1977.
2. Reserves for any category of policies, contracts, or benefits, as established by the
commissioner, issued on or after July 1, 1977, may be calculated, at the option of the
insurer, according to any standards which produce greater aggregate reserves for the
category than those calculated according to the minimum standard provided in this
chapter, but the rate or rates of interest used for policies and contracts, other than
annuity and pure endowment contracts, may not be greater than the corresponding
rate or rates of interest used in calculating any nonforfeiture benefits provided in the
policies and contracts.
3. An insurer that has adopted any standard of valuation producing greater aggregate
reserves than those calculated according to the minimum standard provided in this
chapter may, with the approval of the commissioner, adopt any lower standard of

valuation, but not lower than the minimum provided in this chapter; provided, however,
that for the purposes of this section, the holding of additional reserves previously
determined by the appointed actuary to be necessary to render the opinion required by
section 26.1-35-01.1 may not be deemed to be the adoption of a higher standard of
valuation.