South Carolina General Assembly
104th Session, 1981-1982

Bill 832


                    Current Status

Bill Number:               832
Ratification Number:       459
Act Number                 373
Introducing Body:          Senate
Subject:                   Relating to minimum reserves for life
                           insurance policies
View additional legislative information at the LPITS web site.


(Text matches printed bills. Document has been reformatted to meet World Wide Web specifications.)

(A373, R459, S832)

AN ACT TO AMEND SECTION 38-5-770, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO MINIMUM RESERVES FOR LIFE INSURANCE POLICIES, SO AS TO INCREASE THE INTEREST RATE FOR CALCULATING SUCH RESERVES, TO PROVIDE FOR AN UPDATED MORTALITY TABLE FOR CALCULATING SUCH RESERVES, TO ALLOW FOR AUTOMATIC UPDATING OF MORTALITY AND INTEREST ASSUMPTIONS, AND TO PROVIDE FLEXIBILITY FOR CALCULATING RESERVES ON RECENT PRODUCTS.

Be it enacted by the General Assembly of the State of South Carolina:

Chief Insurance Commissioner to value reserves

Section 1. Subsection (4) of Section 38-5-770 of the 1976 Code, as last amended by Act 601 of 1978, is further amended to read:

"(4) This subsection shall be known as the Standard Valuation Law.

(a) The Chief Insurance Commissioner shall annually value, or cause to be valued, the reserve liabilities, hereinafter in this subsection called reserves, for all outstanding life insurance policies and annuity and pure endowment contracts of every life insurance company doing business in this State, except that in the case of an alien company such valuation shall be limited to the United States business, and may certify the amount of any such reserves, specifying the mortality table or tables, rate or rates of interest and methods, net level premium method or other, used in the calculation of such reserves. In calculating such reserves, he may use group methods and approximate averages for fractions of a year or otherwise. In lieu of the valuation of the reserves required in this subsection of any foreign or alien company, he may accept any valuation made, or caused to be made, by the insurance supervisory official of any state or other jurisdiction when such valuation complies with the minimum standard provided in this subsection and if the official of any such state or jurisdiction accepts as sufficient and valid for all legal purposes the certificate of valuation of the Chief Insurance Commissioner when such certificate states the valuation to have been made in a specified manner according to which the aggregate reserves would be at least as large as if they had been computed in the manner prescribed by the law of that state or jurisdiction.

(b) (A) Except as otherwise provided in subparagraph (C) of this item and item (b-1), the minimum standard for the valuation of all such policies and contracts issued prior to March 24, 1960, shall be that provided by the laws in effect immediately prior to such date except that the minimum standards for the valuation of annuities and pure endowments purchased under group annuity and pure endowment contracts issued prior to such effective date shall be that provided for by the laws in effect immediately prior to such date but replacing the interest rates as specified in such laws by an interest rate of five percent per annum.

(B) Except as otherwise provided in subparagraph (C) of this item and item (b-1), the minimum standard for the valuation of all such policies and contracts issued on or after March 24, 1960, shall be the Commissioners' reserve valuation methods defined in items (c), (c-1), and (f) of this subsection, five percent interest for group annuity and pure endowment contracts and three and one-half percent interest for all other such policies and contracts, or in the case of policies and contracts, other than annuity and pure endowment contracts, issued on or after May 26, 1975, four percent interest for such policies issued prior to January 1, 1979, five and one-half percent interest for single premium life insurance policies, and four and one-half percent interest for all other such policies issued on or after January 1, 1979, and the following tables:

(i) For all ordinary policies of life insurance issued on the standard basis, excluding any disability and accidental death benefits in such policies, the Commissioners' 1941 Standard Ordinary Mortality Table for such policies issued prior to the operative date stated in Section 38-7-120, the Commissioners' 1958 Standard Ordinary Mortality Table for such policies issued on or after the operative date of Section 38-7-90 of the Standard Nonforfeiture Law for Life Insurance and prior to the operative date of Section 38-7-91 of the Standard Nonforfeiture Law for Life Insurance, provided that for any category of such policies issued on female risks, all modified net premiums and present values referred to in this subsection may be calculated according to an age not more than three years younger than the actual age of the insured; for policies issued prior to January 1, 1979, and not more than six years younger than the actual age of the insured for policies issued on or after January 1, 1979, and prior to the operative date of Section 38-7-91; and for such policies issued on or after the operative date of Section 38-7-91 of the Standard Nonforfeiture Law for Life Insurance (i) the Commissioners' 1980 Standard Ordinary Mortality Table or (ii) at the election of the company for any one or more specified plans of life insurance, the Commissioners' 1980 Standard Ordinary Mortality Table with Ten-Year Select Mortality Factors or (iii) any ordinary mortality table, adopted after 1980 by the National Association of Insurance Commissioners, that is approved ,by regulation promulgated by the Chief Insurance Commissioner for use in determining the minimum standard of valuation for such policies.

(ii) For all industrial life insurance policies issued on the standard basis, excluding any disability and accidental death benefits in such policies, the 1941 Standard Industrial Mortality Table for such policies issued prior to the operative date stated in Section 38-7-120; for all policies issued on or after such operative date, either the 1941 Standard Industrial Mortality Table or the Commissioners' 1961 Standard Industrial Mortality Table or any industrial mortality table, adopted after 1980 by the National Association of Insurance Commissioners, that is approved by regulation promulgated by the Chief Insurance Commissioner for use in determining the minimum standard of valuation for such policies, according to which of these tables is used to calculate adjusted premiums and present values as specified in Section 38-7-80.

(iii) For individual annuity and pure endowment contracts, excluding any disability and accidental death benefits in such policies, the 1937 Standard Annuity Mortality Table or, at the option of the company, the Annuity Mortality Table for 1949, Ultimate, or any modification of either of these tables approved by the Chief Insurance Commissioner.

(iv) For group annuity and pure endowment contracts, excluding any disability and accidental death benefits in such policies, the Group Annuity Mortality Table for 1951, any modification of such table approved by the Chief Insurance Commissioner or, at the option of the company, any of the tables or modifications of tables specified for individual annuity and pure endowment contracts.

(v) For total and permanent disability benefits in or supplementary to ordinary policies or contracts, for policies or contracts issued on or after January 1, 1966, the tables of Period 2 disablement rates and the 1930 to 1950 termination rates of the 1952 Disability Study of the Society of Actuaries, with due regard to the type of benefit or any tables of disablement rates and termination rates, adopted after 1980 by the National Association of Insurance Commissioners, that are approved by regulation promulgated by the Chief Insurance Commissioner for use in determining the minimum standard of valuation for such policies; for policies or contracts issued on or after January 1, 1961, and prior to January 1, 1966, either such tables or, at the option of the company, the Class (3) Disability Table (1926) and for policies issued prior to January 1, 1961, the Class (3) Disability Table (1926) or such other table as may be approved by the Chief Insurance Commissioner. Any such table shall, for active lives, be combined with a mortality table permitted for calculating the reserves for life insurance policies.

(vi) For accidental death benefits in or supplementary to policies, for policies issued on or after January 1, 1966, the 1959 Accidental Death Benefits Table, or any accidental death benefits table, adopted after 1980 by the National Association of Insurance Commissioners, that is approved by regulation promulgated by the Chief Insurance Commissioner for use in determining the minimum standard of valuation for such policies; for policies issued on or after January 1, 1961, and prior to January 1, 1966, either such table or, at the option of the company, the Inter-Company Double Indemnity Mortality Table; and for policies issued prior to January 1, 1961, the Inter-Company Double Indemnity Mortality Table, or such other table as may be approved by the Chief Insurance Commissioner. Any such table shall be combined with a mortality table permitted for calculating the reserves for life insurance policies.

(vii) For any extra benefits provided in life or endowment contracts or policies under which there is payable a series of coupons or guaranteed dividends or a series of constant or variable pure endowments maturing either during the term of the contract and the continuation of the life of the insured or maturing as a series after the death of the insured, such table or basis of reserves as may be approved by the Chief Insurance Commissioner.

(viii) For group life insurance, life insurance issued on the substandard basis and other special benefits, such tables as may be approved by the Chief Insurance Commissioner.

(C) Except as provided in item (b-1), the minimum standard for the valuation of all individual annuity and pure endowment contracts issued on or after the operative date of this subparagraph (C), as defined herein, and for all annuities and pure endowments purchased on or after such operative date under group annuity and pure endowment contracts, shall be the Commissioners' reserve valuation methods defined in items (c) and (c-1) of this subsection and the following tables and interest rates:

(i) For individual annuity and pure endowment contracts issued prior to January 1, 1979, excluding any disability and accidental death benefits in such contracts, the 1971 Individual Annuity Mortality Table, or any modification of this table approved by the Chief Insurance Commissioner, and six percent interest for single premium immediate annuity contracts, and four percent interest for all other individual annuity and pure endowment contracts.

(ii) For individual single premium immediate annuity contracts issued on or after January 1, 1979, excluding any disability and accidental death benefits in such contracts, the 1971 Individual Annuity, Mortality Table or any individual annuity mortality table, adopted after 1980 by the National Association of Insurance Commissioners, that is approved by regulation promulgated by the Chief Insurance Commissioner for use in determining the minimum standard of valuation for such contracts, or any modification of these tables approved by the Chief Insurance Commissioner, and seven and one-half percent interest.

(iii) For individual annuity and pure endowment contracts issued on or after January 1, 1979, other than single premium immediate annuity contracts, excluding any disability and accidental death benefits in such contracts, the 1971 Individual Annuity Mortality Table or any individual annuity mortality table, adopted after 1980 by the National Association of Insurance Commissioners, that is approved by regulation promulgated by the Chief Insurance Commissioner for use in determining the minimum standard of valuation for such contracts, or any modification of these tables approved by the Chief Insurance Commissioner, and five and one-half percent interest for single premium deferred annuity and pure endowment contracts and four and one-half percent interest for all other such individual annuity and pure endowment contracts.

(iv) For all annuities and pure endowments purchased prior to January 1, 1979, under group annuity and pure endowment contracts, excluding any disability and accidental death benefits purchased under such contracts, the 1971 Group Annuity Mortality Table, or any modification of this table approved by the Chief Insurance Commissioner, and six percent interest.

(v) For all annuities and pure endowments purchased on or after January 1, 1979, under group annuity and pure endowment contracts, excluding any disability and accidental death benefits purchased under such contracts, the 1971 Group Annuity Mortality Table or any group annuity mortality table, adopted after 1980 by the National Association of Insurance Commissioners, that is approved by regulation promulgated by the Chief Insurance Commissioner for use in determining the minimum standard of valuation for such annuities and pure endowments, or any modification of these tables approved by the Chief Insurance Commissioner, and seven and one-half percent interest.

After May 26, 1975, any company may file with the Chief Insurance Commissioner a written notice of its election to comply with the provisions of this subparagraph (C) after a specified date before January 1, 1979, which shall be the operative date of this subparagraph (C) for such company, provided that a company may elect a different effective date for individual annuity and pure endowment contracts from that elected for group annuity and pure endowment contracts. If a company makes no such election, the effective date of this subparagraph (C) for such company shall be January 1, 1979.

(b-1) (A) The interest rates used in determining the minimum standard for the valuation of:

(i) All life insurance policies issued in a particular calendar year, on or after the operative date of Section 38-7-91 of the Standard Nonforfeiture Law for Life Insurance,

(ii) All individual annuity and pure endowment contracts issued in a particular calendar year on or after January 1, 1983,

(iii) All annuities and pure endowments purchased in a particular calendar year on or after January 1, 1983, under group annuity and pure endowment contracts,

(iv) The net increase, if any, in a particular calendar year after January 1, 1983, in amounts held under guaranteed interest contracts shall be the calendar year statutory valuation interest rates as defined in this item (b-1).

(B) 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:

(i) For life insurance,

W

I = .03 + W(R1 - .03) + - (R2 - .09).

2

(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 item (b-1), and W is the weighting factor defined in this item (b-1)

(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 (ii) above, the formula for life insurance stated in (i) above shall apply to annuities and guaranteed interest contracts with guarantee durations in excess of ten years and the formula for single premium immediate annuities stated in (ii) above shall apply to annuities and guaranteed interest contracts with guarantee duration of ten 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 (ii) above shall apply,

(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 (ii) above shall apply.

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, the calendar year statutory valuation interest rate for such 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 for 1979) and shall be determined for each subsequent calendar year regardless of when Section 38-7-91 of the Standard Nonforfeiture Law for Life Insurance becomes operative.

(C) The weighting factors referred to in the formulas state~l above are given in the following tables:

(i) Weighting Factors for Life Insurance:

Guarantee

Duration Weighting

(Years) 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:

.80

(iii) Weighting factors for other annuities and for guaranteed interest contracts, except as stated in (ii) above, shall be as specified in tables a, b, and c below, according to the rules and definitions in d, e, and f below:

a. For annuities and guaranteed interest contracts valued on an issue year basis:

Guarantee Weighting Factor

Duration for Plan Type

(Years) 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

Plan Type

A B C

b. For annuities and guaranteed interest

contracts valued on a change in fund basis,

the factors shown in a above increased by: .15 .25 .05

Plan Type

A B C

c. For annuities and guaranteed interest

est contracts valued on an issue year basis (other

than those with no cash settlement options)

which 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

which do not guarantee interest rates on

considerations received more than twelve months

beyond the valuation date, the factors shown in

a or derived in b increased by: .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 duration in excess of twenty

years. For other annuities with no cash settlement

options and for guaranteed interest contracts with

no cash settlement options, the guarantee 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 above tables is defined as:

Plan Type A: At any time 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 such adjustment but in installments over five years or more, or (3) as an immediate life annuity, or (4) no withdrawal permitted.

Plan Type B: Before expiration of the interest rate guarantee, 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 such adjustment but in installments over five years or more, or (3) no withdrawal permitted. At the end of interest rate guarantee, funds may be withdrawn without such adjustment in a single sum or installments over less than five years.

Plan Type C: Policyholder may withdraw funds before expiration of interest rate guarantee in a single sum or installments over less than five 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.

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 item (b-1), an 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 the 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) The Reference Interest Rate referred to in subparagraph (B) of this item (b-1) shall be defined as:

(i) For all life insurance, the lesser of the average over a period of thirty-six months and the average over a period of twelve months, ending on June thirtieth of the calendar year next preceding the year of issue, of Moody's Corporate Bond Yield Average--Monthly Average Corporate, as published by Moody's Investors Service, Inc.

(ii) 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 months, ending on June thirtieth of the calendar year of issue or year of purchase, of Moody's Corporate Bond Yield Average--Monthly Average Corporate, as published by Moody's Investors Service, Inc.

(iii) 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 (ii) above, with guarantee duration in excess of ten years, the lesser of the average over a period of thirty-six months and the average over a period of twelve months, ending on June thirtieth of the calendar year of issue or purchase, of Moody's Corporate Bond Yield Average--Monthly Average Corporate, as published by Moody's Investors Service, Inc.

(iv) 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 (ii) above, with guarantee duration of ten years or less, the average over a period of twelve months, ending on June thirtieth of the calendar year of issue or purchase, of Moody's Corporate Bond Yield Average--Monthly Average Corporate, as published by Moody's Investors Service, Inc.

(v) 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 months, ending on June thirtieth of the calendar year of issue or purchase, of Moody's Corporate Bond Yield Average--Monthly Average Corporate, as published by Moody's Investors Service, Inc.

(vi) 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 (ii) above, the average over a period of twelve months, ending on June thirtieth of the calendar year of the change in the fund, of Moody's Corporate Bond Yield Average--Monthly Average Corporate, as published by Moody's Investors Service, Inc.

(E) In the event that Moody's Corporate Bond Yield Average--Monthly Average Corporate is no longer published by Moody's Investors Service, Inc., or in the event that the National Association of Insurance Commissioners determines that Moody's Corporate Bond Yield Average--Monthly Average Corporate 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 Chief Insurance Commissioner, may be substituted.

(c) Except as otherwise provided in items (c-1) and (f), reserves according to the Commissioners' reserve valuation method, for the life insurance and endowment benefits of policies providing for a uniform amount of insurance and requiring the payment of uniform premiums, shall be the excess, if any, of the present value, at the date of valuation, of such future guaranteed benefits provided for by such policies, over the then present value of any future modified net premiums therefor. The modified net premiums for any such policy shall be such uniform percentage of the respective contract premiums for such benefits that the present value, at the date of issue of the policy, of all such modified net premiums shall be equal to the sum of the then present value of such benefits provided for by the policy and the excess of subitem (i) over subitem (ii), as follows:

(i) A net level annual premium equal to the present value, at the date of issue, of such benefits provided for after the first policy year, divided by the present value, at the date of issue, of an annuity of one per annum payable on the first and each subsequent anniversary of such policy on which a premium falls due; provided, however, that such net level annual premium shall not exceed the net level annual premium on the ninteen year premium whole life plan for insurance of the same amount at an age one year higher than the age of issue of such policy.

(ii) A net one year term premium for such benefits provided for in the first policy year.

For any life insurance policy issued on or after January 1, 1986, for which the contract premium in the first policy year exceeds that of the second year and for which no comparable additional benefit is provided in the first year for such excess and which provides an endowment benefit or a cash surrender value or a combination thereof in an amount greater than such excess premium, the reserve according to the Commissioners' reserve valuation method as of any policy anniversary occurring on or before the assumed ending date defined herein as the first policy anniversary on which the sum of any endowment benefit and any cash surrender value then available is greater than such excess premium shall, except as otherwise provided in item (f), be the greater of the reserve as of such policy anniversary calculated as described in the preceding paragraph and the reserve as of such policy anniversary calculated as described in that paragraph, but with (a) the value defined in subitem (i) of that paragraph being reduced by fifteen percent of the amount of such excess first year premium, (b) all present values of benefits and premiums being determined without reference to premiums or benefits provided for by the policy after the assumed ending date, (c) the policy being assumed to mature on such date as an endowment, and (d) the cash surrender value provided on such date being considered as an endowment benefit. In making the above comparison the mortality and interest bases stated in items (b)(A) and (b-1) shall be used.

Reserves according to the Commissioners' reserve valuation method for: (a) life insurance policies providing for a varying amount of insurance or requiring the payment of varying premiums, (b) group annuity and pure endowment contracts purchased under a retirement plan or plan of deferred compensation, established or maintained by an employer (including a partnership or sole proprietorship) or by an employee organization, or by both, other than a plan providing individual retirement accounts or individual retirement annuities under Section 408 of the Internal Revenue Code, as amended, (c) disability and accidental death benefits in all policies and contracts, and (d) all other benefits, except life insurance and endowment benefits in life insurance policies and benefits provided by all other annuity and pure endowment contracts, shall be calculated by a method consistent with the principles of item (c) of this subsection, except that any extra premiums charged because of impairments or special hazards shall be disregarded in the determination of modified net premiums.

(c-1) This section shall apply to all annuity and pure endowment contracts other than group annuity and pure endowment contracts purchased under a retirement plan or plan of deferred compensation, established or maintained by an employer (including a partnership or sole proprietorship) or by an employee organization, or by both, other than a plan providing individual retirement accounts or individual retirement annuities under Section 408 of the Internal Revenue Code, as amended. Reserves according to the Commissioners' annuity reserve method for benefits under annuity or pure endowment contracts, excluding any disability and accidental death benefits in such contracts, shall be the greatest of the respective excesses of the present values, at the date of valuation, of the future guaranteed benefits, including guaranteed nonforfeiture benefits, provided for by such contracts at the end of each respective contract year, over the present value, at the date of valuation, of any future valuation considerations derived from future gross considerations, required by the terms of such contract, that become payable prior to the end of such respective contract year. The future guaranteed benefits shall be determined by using the mortality table, if any, and the interest rate, or rates, specified in such contracts for determining guaranteed benefits. The valuation considerations are the portions of the respective gross considerations applied under the terms of such contracts to determine nonforfeiture values.

(d) In no event shall a company's aggregate reserves for all life insurance policies, excluding disability and accidental death benefits, issued on or after March 24, 1960, be less than the aggregate reserves calculated in accordance with the methods set forth in items (c), (c-1), (f), and (g) of this subsection and the mortality table or tables and rate or rates of interest used in calculating nonforfeiture benefits for such policies.

(e) Reserves for all policies and contracts issued prior to March 24, 1960, may be calculated, at the option of the company, according to any standards which produce greater aggregate reserves for all such policies and contracts than the minimum reserves required by the laws in effect immediately prior to such date. Reserves for any category of policies, contracts, or benefits as established by the Chief Insurance Commissioner, issued on or after March 24, 1960, may be calculated, at the option of the company, according to any standards which produce greater aggregate reserves for such category than those calculated according to the minimum standard provided in this subsection, but the rate or rates of interest used for policies and contracts, other than annuity and pure endowment contracts, shall not be higher than the corresponding rate or rates of interest used in calculating any nonforfeiture benefits provided therein.

Any such company which at any time shall have adopted any standard of valuation producing greater aggregate reserves than those calculated according to the minimum standard provided in this subsection may, with the approval of the Chief Insurance Commissioner, adopt any lower standard of valuation, but not lower than the minimum provided in this subsection.

(f) If in any contract year the gross premium charged by any life insurance company on any policy or contract is less than the valuation net premium for the policy or contract calculated by the method used in calculating the reserve thereon but using the minimum valuation standards of mortality and rate of interest, the minimum reserve required for such policy or contract shall be the greater of either the reserve calculated according to the mortality table, rate of interest, and method actually used for such policy or contract, or the reserve calculated by the method actually used for such policy or contract but using the minimum valuation standards of mortality and rate of interest and replacing the valuation net premium by the actual gross premium in each contract year for which the valuation net premium exceeds the actual gross premium. The minimum valuation standards of mortality and rate of interest referred to in this item are those standards stated in items (b)(A) and (b-1).

For any life insurance policy issued on or after January 1, 1986, for which the gross premium in the first policy year exceeds that of the second year and for which no comparable additional benefit is provided in the first year for such excess and which provides an endowment benefit or a cash surrender value or a combination thereof in an amount greater than such excess premium, the foregoing provisions of this item (f) shall be applied as if the method actually used in calculating the reserve for such policy were the method described in item (c), ignoring the second paragraph of item (c). The minimum reserve at each policy anniversary of such a policy shall be the greater of the minimum reserve calculated in accordance with item (c), including the second paragraph of that item, and the minimum reserve calculated in accordance with this item (f).

(g) In the case of any plan of life insurance which provides for future premium determination, the amounts of which are to be determined by the insurance company based on then estimates of future experience, or in the case of any plan of life insurance or annuity which is of such a nature that the minimum reserves cannot be determined by the methods described in items (c), (c-1), and (f), the reserves which are held under any such plan must:

(a) Be appropriate in relation to the benefits and the pattern of premiums for that plan, and

(b) Be computed by a method which is consistent with the principles of this Standard Valuation Law, as determined by regulations promulgated by the Chief Insurance Commissioner."

Time effective

Section 2. This act shall take effect upon the approval by the Governor.