§ 27-4.5-4.1. 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 calendar year statutory valuation interest rates as defined in
this section: (1) Life insurance policies issued in a particular calendar year on
or after January 1, 1994; (2) Individual annuity and pure endowment contracts issued
in a particular calendar year on or after January 1, 1994; (3) Annuities and pure
endowments purchased in a particular calendar year on or after January 1, 1994, under
group annuity and pure endowment contracts; and (4) The net increase, if any, in a
particular calendar year after January 1, 1994, in amounts held under guaranteed interest
contracts.
(b) Calendar year statutory valuation interest rates.(1) 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 (¼ of 1%):
(i) For life insurance: I=.03+W(R1-.03)+W/2(R2-.09);
(ii) 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,
W is the weighting factor defined in this section;
(iii) 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 subsection
(b)(1)(ii) above, the formula for life insurance stated in subsection (b)(1)(i) above
shall apply to annuities and guaranteed interest contracts with guarantee durations
in excess of ten (10) years and the formula for single premium immediate annuities
stated in subsection (b)(1)(ii) above shall apply to annuities and guaranteed interest
contracts with guarantee duration of ten (10) years or less;
(iv) 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 subsection (b)(1)(ii) above shall apply; and
(v) 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 subsection (b)(1)(ii) above shall apply; and
(2) However 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 (½ of 1%), the calendar
year statutory valuation interest rate for the 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 in 1979) and shall
be determined for each subsequent calendar year regardless of when §â€‚27-4.3-5 becomes operative.
(c) Weighting factors.(1) The weighting factors referred to in the formulas stated above are given in the following
tables:
(i) WEIGHTING FACTORS FOR LIFE INSURANCE:
| Guarantee Duration (Years) |
|
Weighting 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 which are guaranteed in the original policy;
(ii) Weighting factor 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 is .80;
(iii) Weighting factors for other annuities and for guaranteed interest contracts, except
as stated in subsection (c)(1)(ii) above, shall be as specified in subsections (c)(1)(iii)(A),
(B), and (C) below, according to the rules and definitions in subsections (c)(1)(iii)(D),
(E), and (F) below:
(A) For annuities and guaranteed interest contracts valued on an issue year basis:
| Guarantee Duration (Years) |
|
Weighting Factor
for Plan Type
|
| |
|
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 subsection (c)(1)(iii)(A) above 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 considerations received more than twelve (12) months beyond the valuation
date, the factors shown in subsection (c)(1)(iii)(A) or derived in subsection (c)(1)(iii)(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 durations in excess of twenty
(20) years. For other annuities with no cash settlement options and for guaranteed
interest contracts with no cash settlement options, the guaranteed 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) Plan Type as used in the tables in this subsection is defined as follows:
(I) Plan Type A: At any time the policyholder may withdraw funds only (1) with an adjustment
to reflect changes in interest rates or asset values since receipt of the funds by
the insurance company, or (2) without an adjustment but installments over five (5)
years or more, or (3) as an immediate life annuity, or (4) no withdrawal permitted;
(II) Plan Type B: Before expiration of the interest rate guarantee, the policyholder may
withdraw funds only (1) with an adjustment to reflect changes in interest rates or
asset values since receipt of the funds by the insurance company, or (2) without an
adjustment but in installments over five (5) years or more, or (3) no withdrawal permitted.
At the end of the interest rate guarantee, funds may be withdrawn without an adjustment
in a single sum or installments over less than five (5) years;
(III) Plan Type C: Policyholder may withdraw funds before the expiration of interest rate
guarantee in a single sum or installments over less than five (5) years either (1)
without adjustment to reflect changes in interest rates or asset values since receipt
of the funds by the insurance company, or (2) subject only to a fixed surrender charge
stipulated in the contract as a percentage of the fund; and
(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, "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 "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) Reference interest rate. Reference interest rate referred to in subsection (b) is defined as follows:
(1) For life insurance, the lesser of the average over a period of thirty-six (36) months
and the average over a period of twelve (12) months, ending on June 30 of the calendar
year 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 twelve (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
subsection (d)(2) above, with guarantee duration in excess of ten (10) years, the
lesser of the average over a period of thirty-six (36) months and the average over
a period of twelve (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.;
(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
subsection (d)(2) above, with guarantee duration of ten (10) years or less, the average
over a period of twelve (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.;
(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 twelve (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.; and
(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
subsection (d)(2), the average over a period of twelve (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.
(e) 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 National Association of Insurance Commissioners 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,
which is adopted by the National Association of Insurance Commissioners and approved
by regulation promulgated by the commissioner of insurance, may be substituted.