18 Del. Admin. Code § 1004-4.0

Current through Register Vol. 28, No. 5, November 1, 2024

Section 1004-4.0 - Exemptions from this regulation

4.1 This regulation does not apply to any of the following situations for Reinsurance of:

4.1.1 Policies that satisfy the criteria for exemption set forth in 18 DE Admin. Code 1212, subsection 6.6 or 18 DE Admin. Code 1212, subsection 6.7 and which are issued before the effective date of this regulation;

4.1.2 Portions of policies that satisfy the criteria for exemption set forth in 18 DE Admin. Code 1212, subsection 6.5 and which are issued before the effective date of this regulation;

4.1.3 Any universal life policy that meets all of the following requirements:

4.1.3.1 Secondary guarantee period, if any, is 5 years or less;

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

4.1.3.3 The initial surrender charge is not less than 100% of the first year annualized specified premium for the secondary guarantee period;

4.1.4 Credit life insurance;

4.1.5 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

4.1.6 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 1 year.

4.2 Reinsurance ceded to an assuming insurer that meets the applicable requirements of 18 Del.C. § 911(4);

4.3 Reinsurance ceded to an assuming insurer that meets the applicable requirements of 18 Del.C. §§ 911(1), 911(2) or 911(3), and that, in addition:

4.3.1 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

4.3.2 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 18 Del.C. Ch. 58 when its risk-based capital (RBC) is calculated in accordance with the life RBC report including overview and instructions for companies, as the same may be amended by the NAIC from time to time, without deviation;

4.4 Reinsurance ceded to an assuming insurer that meets the applicable requirements of 18 Del.C. §§ 911(1), 911(2), or 911(3), and that, in addition:

4.4.1 Is not an affiliate, as that term is defined in 18 Del.C. § 5001(1) of:

4.4.1.1 The insurer ceding the business to the assuming insurer; or

4.4.1.2 Any insurer that directly or indirectly ceded the business to that ceding insurer;

4.4.2 Prepares statutory financial statements in compliance with the NAIC Accounting Practices and Procedures Manual;

4.4.3 Is both:

4.4.3.1 Licensed or accredited in at least 10 states including its state of domicile; and

4.4.3.2 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

4.4.4 Is not, or would not be, below 500% of the Authorized Control Level RBC as that term is defined in 18 Del.C. Ch. 58 when its RBC is calculated in accordance with the life RBC 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;

4.5 Reinsurance ceded to an assuming insurer that:

4.5.1 Meets the conditions set forth in 18 Del.C. § 911(6); or

4.5.2 Is certified in this state as set forth in 18 Del.C. § 911(5); or

4.5.3 Maintains at least $250 million in capital and surplus when determined in accordance with NAIC Accounting Practices and Procedures Manual, including all amendments thereto adopted by the NAIC, excluding the impact of any permitted or prescribed practices; and is

4.5.3.1 Licensed in at least 26 states; or

4.5.3.2 Licensed in at least 10 states, and licensed or accredited in a total of at least 35 states.

4.6 Reinsurance not otherwise exempt under subsections 4.1 through 4.5 of this regulation 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:

4.6.1 The risks are clearly outside of the intent and purpose of this regulation as described in Section 1.0 of this regulation;

4.6.2 The risks are included within the scope of this regulation only as a technicality; and

4.6.3 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 this subsection 4.6 to exempt a reinsurance treaty from this regulation, as well as the general basis for the decision including a summary description of the treaty.

18 Del. Admin. Code § 1004-4.0

27 DE Reg. 682 (3/1/2024) (Final)