W. Va. Code R. § 114-69A-3
At the election of the company, for each calendar year of issue, for any one or more specified plans of insurance and subject to satisfying the conditions stated in this rule, the 2001 CSO Preferred Class Structure Mortality Table may be substituted in place of the 2001 CSO Smoker or Nonsmoker Mortality Table as the minimum valuation standard for policies issued on or after January 1, 2007. For policies issued on or after January 1, 2005 and prior to January 1, 2007, these tables may be substituted with the consent of the Commissioner and subject to the conditions of section 4 of this rule. In determining such consent, the Commissioner may rely on the consent of the commissioner of the company's state of domicile. No election may be made until the company demonstrates at least 20% of the business to be valued on this table is in one or more of the preferred classes. A table from the 2001 CSO Preferred Class Structure Mortality Table used in place of a 2001 CSO Mortality Table, pursuant to the requirements of this rule, will be treated as part of the 2001 CSO Mortality Table only for purposes of reserve valuation pursuant to the requirements of 114 CSR 69.
W. Va. Code R. § 114-69A-3