R590. Insurance, Administration.R590-241. Preferred Mortality Tables to Determine Minimum Reserve Liabilities.
R590-241-1. Authority.
This rule is promulgated by the commissioner pursuant to Sections 31A-2-201 and 31A-17-402.
R590-241-2. Purpose and Scope.
(1) The purpose of this rule is to recognize, permit, and prescribe the use of mortality tables that reflect differences in mortality between preferred and standard lives to determine minimum reserve liabilities under Sections 31A-17-504 and R590-198-5.
(2) This rule applies to a life insurance company or a fraternal benefit society:
(a) doing business in this state or;
(b) authorized to reinsure life insurance business in this state.
R590-241-3. Definitions.
Terms used in this rule are defined in Section 31A-1-301. Additional terms are defined as follows:
(1) "2001 CSO Mortality Table" means the mortality table, consisting of separate rates of mortality for male and female lives, developed by the American Academy of Actuaries CSO Task Force from the Valuation Basic Mortality Table developed by the Society of Actuaries Individual Life Insurance Valuation Mortality Task Force, and adopted by the NAIC in December 2002. The 2001 CSO Mortality Table is included in the Proceedings of the NAIC, 2nd Quarter 2002 and is supplemented by the 2001 CSO Preferred Class Structure Mortality Table. Unless the context indicates otherwise, the "2001 CSO Mortality Table" includes both the ultimate form of that table and the select and ultimate form of that table and includes both the smoker and nonsmoker mortality tables and the composite mortality tables. It also includes both the age-nearest-birthday and age-last-birthday bases of the mortality tables. Mortality tables in the 2001 CSO Mortality Table include the following:
(a) "2001 CSO Mortality Table (F)" means the mortality table consisting of the rates of mortality for female lives from the 2001 CSO Mortality Table.
(b) "2001 CSO Mortality Table (M)" means the mortality table consisting of the rates of mortality for male lives from the 2001 CSO Mortality Table.
(c) "Composite mortality table" means the mortality table with rates of mortality that do not distinguish between smokers and nonsmokers.
(d) "Smoker and nonsmoker mortality table" means the mortality table with separate rates of mortality for smokers and nonsmokers.
(2) "2001 CSO Preferred Class Structure Mortality Table" means mortality tables with separate rates of mortality for Super Preferred Nonsmokers, Preferred Nonsmokers, Residual Standard Nonsmokers, Preferred Smokers, and Residual Standard Smoker splits of the 2001 CSO Nonsmoker and Smoker tables as adopted by the NAIC at the September 2006 national meeting and published in the Proceedings of the NAIC, 3rd Quarter 2006. Unless the context indicates otherwise, the "2001 CSO Preferred Class Structure Mortality Table" includes both the ultimate form of that table and the select and ultimate form of that table. It includes both the smoker and nonsmoker mortality tables. It includes both the male and female mortality tables and the gender composite mortality tables. It also includes both the age-nearest-birthday and age-last-birthday bases of the mortality table.
(3) "Statistical agent" means an entity with a proven system that:
(a) protects confidential information of:
(i) an insured; and
(ii) an insurer;
(b) demonstrates a history of ongoing electronic communications and data transfer integrity with insurers; and
(c) demonstrates a history of aggregation of data and accurate promulgation of experience modifications in a timely manner.
R590-241-4. 2001 CSO Preferred Class Structure Table.
(1) An insurer, for each calendar year of issue and for a specified plan of insurance, may substitute the 2001 CSO Preferred Class Structure Mortality Table for the 2001 CSO Smoker or Nonsmoker Mortality Table as the minimum valuation standard for a policy issued on or after January 1, 2007.
(2) An insurer may not make the substitution in Subsection (1) unless the insurer demonstrates that at least 20% of the business to be valued on this table is in one or more preferred classes.
(3) A table from the 2001 CSO Preferred Class Structure Mortality Table used in place of a 2001 CSO Mortality Table, shall be treated as part of the 2001 CSO Mortality Table only for purposes of reserve valuation.
R590-241-5. Conditions.
(1)(a) An insurer offering an insurance plan with separate rates for preferred and standard nonsmoker lives may substitute Super Preferred Nonsmoker, Preferred Nonsmoker, and Residual Standard Nonsmoker tables for the Nonsmoker mortality table found in the 2001 CSO Mortality Table to determine minimum reserves.
(b) At the time of substitution and annually thereafter, except for business valued under the Residual Standard Nonsmoker Table, an appointed actuary shall certify that: