D.C. Mun. Regs. tit. 26, r. 26-A2855

Current through Register Vol. 71, No. 49, December 6, 2024

Rule 26-A2855 - EXEMPTIONS

2855.1

The provisions of §§2850 - 2854 shall not apply to reinsurance of:

(a) Policies that satisfy the criteria for exemption set forth in §§3002.11 or 3002.12 of Title 26-A; and which are issued before the effective date of these regulations;

(b) Portions of policies that satisfy the criteria for exemption set forth in §3002.10 of Title 26-A and which are issued before the effective date of these regulations;

(c) Any universal life policy that meets the following requirements:

(1) Secondary guarantee period, if any, is five (5) years or less;

(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 Commissioners Standard Ordinary (CSO) valuation tables and valuation interest rate applicable to the issue year of the policy; and

(3) The initial surrender charge is not less than one hundred percent (100%) of the first year annualized specified premium for the secondary guarantee period;

(d) Credit life insurance;

(e) 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

(f) 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 one year.

2855.2

The provisions of §§2850-2854 shall not apply to reinsurance ceded to an assuming insurer that meets the applicable requirements of §2(e) of the Law on Credit for Reinsurance Act of 1993 (D.C. Official Code § 31-501(e).

2855.3

The provisions of §§2850-2854 shall not apply to Reinsurance ceded to an assuming insurer that meets the applicable requirements of §2(b), (c), or (d) of the Law on Credit for Reinsurance Act of 1993 (D.C. Official Code § 31-501(b), (c), or (d)), and that, in addition:

(a) 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

(b) 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 the Risk-Based Capital Act of 1996, effective April 9, 1997 (D.C. Law 11-233; D.C. Official Code § 31-2001et seq.), when its RBC is calculated in accordance with the life risk-based capital report including overview and instructions for companies, as the same may be amended by the NAIC from time to time, without deviation.

2855.4

The provisions of this Chapter shall not apply to reinsurance ceded to an assuming insurer that meets the applicable requirements of §2(b), (c), and (d) of the Law on Credit for Reinsurance Act of 1993 (D.C. Official Code § 31-501(b), (c), and (d)), and that, in addition:

(a) Is not an affiliate, as that term is defined in §2(1) of the Holding Company System Act of 1993, effective Oct. 21, 1993 (D.C. Law 10-44; D.C. Official Code § 31-701(1)), of:

(1) The insurer ceding the business to the assuming insurer; or

(2) Any insurer that directly or indirectly ceded the business to that ceding insurer;

(b) Prepares statutory financial statements in compliance with the NAIC Accounting Practices and Procedures Manual;

(c) Is both:

(1) Licensed or accredited in at least 10 states (including its state of domicile), and

(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

(d) Is not, or would not be, below 500% of the Authorized Control Level RBC as that term is defined in §2(13)(C) of the Risk-Based Capital Act of 1996, effective April 9, 1997 (D.C. Law 11-233; D.C. Official Code § 31-2001(13)(C)), when its Risk-Based Capital (RBC) is calculated in accordance with the life risk-based capital 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.

2855.5

The provisions of this Chapter shall not apply to reinsurance ceded to an assuming insurer that meets the requirements of §5(b)(4) of the Law on Credit for Reinsurance Act of 1993 (D.C. Official Code § 31-504(b)(4)).

2855.6

The provisions of this Chapter shall not apply to reinsurance not otherwise exempt under this section 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 the following apply:

(a) The risks are clearly outside of the intent and purpose of this regulation (as described in §2850);

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

(c) 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 to exempt a reinsurance treaty from this regulation, as well as the general basis therefore (including a summary description of the treaty).

D.C. Mun. Regs. tit. 26, r. 26-A2855

Final Rulemaking published at 69 DCR 15557 (12/30/2022)