MDL-820

NAIC Model Laws, Regulations, Guidelines and Other Resources—July 2010

STANDARD VALUATION LAW

Table of Contents

Section 1. Title and Definitions

Section 2. Reserve Valuation

Section 3. Actuarial Opinion of Reserves

Section 4. Computation of Minimum Standard

Section 4a. Computation of Minimum Standard for Annuities

Section 4b. Computation of Minimum Standard by Calendar Year of Issue

Section 5. Reserve Valuation Method—Life Insurance and Endowment Benefits

Section 5a. Reserve Valuation Method—Annuity and Pure Endowment Benefits

Section 6. Minimum Reserves

Section 7. Optional Reserve Calculation

Section 8. Reserve Calculation—Valuation Net Premium Exceeding the Gross Premium Charged

Section 9. Reserve Calculation—Indeterminate Premium Plans

Section 10. Minimum Standard for Accident and Health Insurance Contracts

Section 11. Valuation Manual for Policies Issued On or After the Operative Date of the Valuation Manual

Section 12. Requirements of a Principle-Based Valuation

Section 13. Experience Reporting for Policies In Force On or After the Operative Date of the Valuation Manual

Section 14. Confidentiality

[Section 15. Single State Exemption (optional)]

Section 15

or 16. Effective Date

Section 1. Title and Definitions

A. This Act shall be known as the Standard Valuation Law.

B. For the purposes of this Act the following definitions shall apply on or after the operative date of the

valuation manual:

(1) The term “accident and health insurance” means contracts that incorporate morbidity risk and

provide protection against economic loss resulting from accident, sickness, or medical conditions

and as may be specified in the valuation manual.

(2) The term “appointed actuary” means a qualified actuary who is appointed in accordance with the

valuation manual to prepare the actuarial opinion required in Section 3B of this Act.

(3) The term “company” means an entity, which (a) has written, issued, or reinsured life insurance

contracts, accident and health insurance contracts, or deposit-type contracts in this State and has at

least one such policy in force or on claim or (b) has written, issued, or reinsured life insurance

contracts, accident and health insurance contracts, or deposit-type contracts in any state and is

required to hold a certificate of authority to write life insurance, accident and health insurance, or

deposit-type contracts in this State.

(4) The term “deposit-type contract” means contracts that do not incorporate mortality or morbidity

risks and as may be specified in the valuation manual.

(5) The term “life insurance” means contracts that incorporate mortality risk, including annuity and

pure endowment contracts, and as may be specified in the valuation manual.

(6) The term “NAIC” means the National Association of Insurance Commissioners.

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(7) The term “policyholder behavior” means any action a policyholder, contract holder or any other

person with the right to elect options, such as a certificate holder, may take under a policy or

contract subject to this Act including, but not limited to, lapse, withdrawal, transfer, deposit,

premium payment, loan, annuitization, or benefit elections prescribed by the policy or contract but

excluding events of mortality or morbidity that result in benefits prescribed in their essential

aspects by the terms of the policy or contract.

(8) The term “principle-based valuation” means a reserve valuation that uses one or more methods or

one or more assumptions determined by the insurer and are required to comply with Section 12 of

this Act as specified in the valuation manual.

(9) The term “qualified actuary” means an individual who is qualified to sign the applicable statement

of actuarial opinion in accordance with the American Academy of Actuaries qualification

standards for actuaries signing such statements and who meets the requirements specified in the

valuation manual.

(10) The term “tail risk” means a risk that occurs either where the frequency of low probability events

is higher than expected under a normal probability distribution or where there are observed events

of very significant size or magnitude.

(11) The term “valuation manual” means the manual of valuation instructions adopted by the NAIC as

specified in this Act or as subsequently amended.

Drafting Note: The term commissioner means the insurance supervisory official of a State or jurisdiction of the United States and therefore, the term

commissioner should be replaced with the appropriate title in the adopting State or jurisdiction. In addition, the term State should be replaced with the

appropriate term for the adopting jurisdiction.

Drafting Note: It is critical that each state retain the terms “accident and health”, “deposit-type contract”, and “life insurance” in this section because the

terms are specifically defined for purposes of the standard valuation law and applicability of the valuation manual standards for such contracts issued on or

after the operative date of the valuation manual.

Section 2. Reserve Valuation

A. Policies and Contracts Issued Prior to the Operative Date of the Valuation Manual

(1) The commissioner shall annually value, or cause to be valued, the reserve liabilities (hereinafter

called reserves) for all outstanding life insurance policies and annuity and pure endowment

contracts of every life insurance company doing business in this State issued on or after [insert the

original effective date of the Standard Valuation Law in this State] and prior to the operative date

of the valuation manual. In calculating reserves, the commissioner may use group methods and

approximate averages for fractions of a year or otherwise. In lieu of the valuation of the reserves

required of a foreign or alien company, the commissioner may accept a valuation made, or caused

to be made, by the insurance supervisory official of any State or other jurisdiction when the

valuation complies with the minimum standard provided in this Act.

(2) The provisions set forth in Sections 4, 4a, 4b, 5, 5a, 6, 7, 8, 9, and 10 of this Act shall apply to all

policies and contracts, as appropriate, subject to this Act issued on or after [insert the original

effective date of the Standard Valuation Law in this State] and prior to the operative date of the

valuation manual and the provisions set forth in Sections 11 and 12 of this Act shall not apply to

any such policies and contracts.

(3) The minimum standard for the valuation of policies and contracts issued prior to [insert the

original effective date of the Standard Valuation Law in this State] shall be that provided by the

laws in effect immediately prior to that date.

Drafting Note: The Standard Valuation Law prior to the operative date of the valuation manual applies to deposit-type contracts. There is no intent to

change the valuation standards for deposit-type contracts.

Drafting Note: The dates inserted should remain unchanged from those appearing in the State’s existing Standard Valuation Law.

NAIC Model Laws, Regulations, Guidelines and Other Resources—July 2010

B. Policies and Contracts Issued On or After the Operative Date of the Valuation Manual

(1) The commissioner shall annually value, or cause to be valued, the reserve liabilities (hereinafter

called reserves) for all outstanding life insurance contracts, annuity and pure endowment

contracts, accident and health contracts, and deposit-type contracts of every company issued on or

after the operative date of the valuation manual. In lieu of the valuation of the reserves required of

a foreign or alien company, the commissioner may accept a valuation made, or caused to be made,

by the insurance supervisory official of any State or other jurisdiction when the valuation

complies with the minimum standard provided in this Act.

(2) The provisions set forth in Sections 11 and 12 of this Act shall apply to all policies and contracts

issued on or after the operative date of the valuation manual.

Section 3. Actuarial Opinion of Reserves

A. Actuarial Opinion Prior to the Operative Date of the Valuation Manual

(1) General

Every life insurance company doing business in this state shall annually submit the opinion of a

qualified actuary as to whether the reserves and related actuarial items held in support of the

policies and contracts specified by the commissioner by regulation are computed appropriately,

are based on assumptions that satisfy contractual provisions, are consistent with prior reported

amounts and comply with applicable laws of this state. The commissioner shall define by

regulation the specifics of this opinion and add any other items deemed to be necessary to its

scope.

(2) Actuarial Analysis of Reserves and Assets Supporting Reserves

(a) Every life insurance company , except as exempted by regulation , shall also annually

include in the opinion required by Subsection (1) of this section, an opinion of the same

qualified actuary as to whether the reserves and related actuarial items held in support of

the policies and contracts specified by the commissioner by regulation, when considered

in light of the assets held by the company with respect to the reserves and related

actuarial items, including but not limited to the investment earnings on the assets and the

considerations anticipated to be received and retained under the policies and contracts,

make adequate provision for the company’s obligations under the policies and contracts,

including but not limited to the benefits under and expenses associated with the policies

and contracts.

(b) The commissioner may provide by regulation for a transition period for establishing any

higher reserves that the qualified actuary may deem necessary in order to render the

opinion required by this section.

(3) Requirement for Opinion Under Section 3A(2)

Each opinion required by Subsection (2) shall be governed by the following provisions:

(a) A memorandum, in form and substance acceptable to the commissioner as specified by

regulation, shall be prepared to support each actuarial opinion.

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(b) If the insurance company fails to provide a supporting memorandum at the request of the

commissioner within a period specified by regulation or the commissioner determines

that the supporting memorandum provided by the insurance company fails to meet the

standards prescribed by the regulations or is otherwise unacceptable to the commissioner,

the commissioner may engage a qualified actuary at the expense of the company to

review the opinion and the basis for the opinion and prepare the supporting memorandum

required by the commissioner.

(4) Requirement for All Opinions Subject to Section 3A

Every opinion required by Section 3A shall be governed by the following provisions:

(a) The opinion shall be submitted with the annual statement reflecting the valuation of

such reserve liabilities for each year ending on or after December 31, [ ].

Drafting Note: The date inserted should remain unchanged from the one appearing in the State’s existing Standard Valuation Law.

(b) The opinion shall apply to all business in force including individual and group health

insurance plans, in form and substance acceptable to the commissioner as specified by

regulation.

Standards Board and on such additional standards as the commissioner may by regulation

prescribe.

(d) In the case of an opinion required to be submitted by a foreign or alien company, the

commissioner may accept the opinion filed by that company with the insurance

supervisory official of another state if the commissioner determines that the opinion

reasonably meets the requirements applicable to a company domiciled in this state.

(e) For the purposes of this section, “qualified actuary” means a member in good standing of

the American Academy of Actuaries who meets the requirements set forth in the

regulation.

(f) Except in cases of fraud or willful misconduct, the qualified actuary shall not be liable

for damages to any person (other than the insurance company and the commissioner) for

any act, error, omission, decision or conduct with respect to the actuary’s opinion.

(g) Disciplinary action by the commissioner against the company or the qualified actuary

shall be defined in regulations by the commissioner.

(h) Except as provided in Paragraphs (l), (m) and (n), documents, materials or other

information in the possession or control of the Department of Insurance that are a

memorandum in support of the opinion, and any other material provided by the company

to the commissioner in connection with the memorandum, shall be confidential by law

and privileged, shall not be subject to [insert open records, freedom of information,

sunshine or other appropriate phrase], shall not be subject to subpoena, and shall not be

subject to discovery or admissible in evidence in any private civil action. However, the

commissioner is authorized to use the documents, materials or other information in the

furtherance of any regulatory or legal action brought as a part of the commissioner’s

official duties.

(i) Neither the commissioner nor any person who received documents, materials or other

information while acting under the authority of the commissioner shall be permitted or

required to testify in any private civil action concerning any confidential documents,

materials or information subject to Paragraph (h).

NAIC Model Laws, Regulations, Guidelines and Other Resources—July 2010

(j) In order to assist in the performance of the commissioner’s duties, the commissioner:

(i) May share documents, materials or other information, including the confidential

and privileged documents, materials or information subject to Paragraph (h)

with other state, federal and international regulatory agencies, with the National

Association of Insurance Commissioners and its affiliates and subsidiaries, and

with state, federal and international law enforcement authorities, provided that

the recipient agrees to maintain the confidentiality and privileged status of the

document, material or other information;

(ii) May receive documents, materials or information, including otherwise

confidential and privileged documents, materials or information, from the

National Association of Insurance Commissioners and its affiliates and

subsidiaries, and from regulatory and law enforcement officials of other foreign

or domestic jurisdictions, and shall maintain as confidential or privileged any

document, material or information received with notice or the understanding

that it is confidential or privileged under the laws of the jurisdiction that is the

source of the document, material or information; and

(iii) [Optional provision] May enter into agreements governing sharing and use of

information consistent with Paragraphs (h) to (j).

Drafting Note: The language in paragraph (j)(i) assumes the recipient has the authority to protect the applicable confidentiality or privilege, but does not

address the verification of that authority, which would presumably occur in the context of a broader information sharing agreement.

(k) No waiver of any applicable privilege or claim of confidentiality in the documents,

materials or information shall occur as a result of disclosure to the comissioner under this

section or as a result of sharing as authorized in Paragraph (j).

(l) A memorandum in support of the opinion, and any other material provided by the

company to the commissioner in connection with the memorandum, may be subject to

subpoena for the purpose of defending an action seeking damages from the actuary

submitting the memorandum by reason of an action required by this section or by

regulations promulgated hereunder.

(m) The memorandum or other material may otherwise be released by the commissioner with

the written consent of the company or to the American Academy of Actuaries upon

request stating that the memorandum or other material is required for the purpose of

professional disciplinary proceedings and setting forth procedures satisfactory to the

commissioner for preserving the confidentiality of the memorandum or other material.

(n) Once any portion of the confidential memorandum is cited by the company in its

marketing or is cited before a governmental agency other than a state insurance

department or is released by the company to the news media, all portions of the

confidential memorandum shall be no longer confidential.

B. Actuarial Opinion of Reserves after the Operative Date of the Valuation Manual

(1) General

Every company with outstanding life insurance contracts, accident and health insurance contracts

or deposit-type contracts in this State and subject to regulation by the commissioner shall annually

submit the opinion of the appointed actuary as to whether the reserves and related actuarial items

held in support of the policies and contracts are computed appropriately, are based on assumptions

that satisfy contractual provisions, are consistent with prior reported amounts and comply with

applicable laws of this State. The valuation manual will prescribe the specifics of this opinion

including any items deemed to be necessary to its scope.

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820-6

(2) Actuarial Analysis of Reserves and Assets Supporting Reserves

Every company with outstanding life insurance contracts, accident and health insurance contracts

or deposit-type contracts in this state and subject to regulation by the commissioner, except as

exempted in the valuation manual, shall also annually include in the opinion required by

Subsection (1) of this section, an opinion of the same appointed actuary as to whether the reserves

and related actuarial items held in support of the policies and contracts specified in the valuation

manual, when considered in light of the assets held by the company with respect to the reserves

and related actuarial items, including but not limited to the investment earnings on the assets and

the considerations anticipated to be received and retained under the policies and contracts, make

adequate provision for the company’s obligations under the policies and contracts, including but

not limited to the benefits under and expenses associated with the policies and contracts.

(3) Requirements for Opinions Subject to Section 3B(2)

Each opinion required by Subsection 3B shall be governed by the following provisions:

(a) A memorandum, in form and substance as specified in the valuation manual, and

acceptable to the commissioner, shall be prepared to support each actuarial opinion.

(b) If the insurance company fails to provide a supporting memorandum at the request of

the commissioner within a period specified in the valuation manual or the commissioner

determines that the supporting memorandum provided by the insurance company fails to

meet the standards prescribed by the valuation manual or is otherwise unacceptable to the

commissioner, the commissioner may engage a qualified actuary at the expense of the

company to review the opinion and the basis for the opinion and prepare the supporting

memorandum required by the commissioner.

(4) Requirement for All Opinions Subject to Section 3B

Every opinion shall be governed by the following provisions:

(a) The opinion shall be in form and substance as specified in the valuation manual and

acceptable to the commissioner.

(b) The opinion shall be submitted with the annual statement reflecting the valuation of

such reserve liabilities for each year ending on or after the operative date of the valuation

manual.

actuarial liabilities as may be specified in the valuation manual.

(d) The opinion shall be based on standards adopted from time to time by the Actuarial

Standards Board or its successor, and on such additional standards as may be prescribed

in the valuation manual.

(e) In the case of an opinion required to be submitted by a foreign or alien company, the

commissioner may accept the opinion filed by that company with the insurance

supervisory official of another State if the commissioner determines that the opinion

reasonably meets the requirements applicable to a company domiciled in this State.

(f) Except in cases of fraud or willful misconduct, the appointed actuary shall not be liable

for damages to any person (other than the insurance company and the commissioner) for

any act, error, omission, decision or conduct with respect to the appointed actuary’s

opinion.

NAIC Model Laws, Regulations, Guidelines and Other Resources—July 2010

(g) Disciplinary action by the commissioner against the company or the appointed actuary

shall be defined in regulations by the commissioner.

Drafting Note: States may need to adopt regulations to address disciplinary action.

Section 4. Computation of Minimum Standard

Except as provided in Sections 4a, 4b and 10, the minimum standard for the valuation of policies and contracts issued prior

to the effective date of this Act shall be that provided by the laws in effect immediately prior to that date. Except as otherwise

provided in Sections 4a, 4b and 10, the minimum standard for the valuation of all policies and contracts issued on or after

[insert original effective date of the Standard Valuation Law in this State] shall be the commissioners reserve valuation

methods defined in Sections 5, 5a, 8 and 10, three and one-half percent (3 1/2%) interest, or in the case of life insurance

policies and contracts, other than annuity and pure endowment contracts, issued on or after [insert effective date of 1972

NAIC amendments to the Standard Valuation Law], four percent (4%) interest for policies issued prior to [insert effective

date of 1976

NAIC amendments to the Standard Valuation Law], five and one-half percent (5 1/2%) interest for single premium life

insurance policies and four and one-half percent (4 1/2%) interest for all other policies issued on and after [insert effective

date of 1976 NAIC amendments to the Standard Valuation Law], and the following tables:

A. For ordinary policies of life insurance issued on the standard basis, excluding any disability and accidental

death benefits in the policies: the Commissioners 1941 Standard Ordinary Mortality Table for policies

issued prior to the operative date of Section 5a of the Standard Nonforfeiture Law for Life Insurance as

amended, the Commissioners 1958 Standard Ordinary Mortality Table for policies issued on or after the

operative date of Section 5a of the Standard Nonforfeiture Law for Life Insurance as amended and prior to

the operative date of Section 5c of the Standard Nonforfeiture Law for Life Insurance as amended,

provided that for any category of policies issued on female risks, all modified net premiums and present

values referred to in this Act may be calculated according to an age not more than six (6) years younger

than the actual age of the insured; and for policies issued on or after the operative date of Section 5c of the

Standard Nonforfeiture Law for Life Insurance as amended:

(1) The Commissioners 1980 Standard Ordinary Mortality Table;

(2) 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;

(3) Any ordinary mortality table, adopted after 1980 by the NAIC, which is approved by regulation

promulgated by the commissioner for use in determining the minimum standard of valuation for

such policies;

B. For industrial life insurance policies issued on the standard basis, excluding any disability and accidental

death benefits in the policies: the 1941 Standard Industrial Mortality Table for policies issued prior to the

operative date of Section 5b of the Standard Nonforfeiture Law for Life Insurance as amended, and for

policies issued on or after the operative date of Section 5b, the Commissioners 1961 Standard Industrial

Mortality Table or any industrial mortality table adopted after 1980 by the NAIC that is approved by

regulation promulgated by the commissioner for use in determining the minimum standard of valuation for

the policies;

C. For individual annuity and pure endowment contracts, excluding any disability and accidental death

benefits in the 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

commissioner;

D. For group annuity and pure endowment contracts, excluding any disability and accidental death benefits in

the policies: the Group Annuity Mortality Table for 1951, a mod

ification of the table approved by the

commissioner, or at the option of the company, any of the tables or modifications of tables specified for

individual annuity and pure endowment contracts;

Standard Valuation Law

820-8

E. 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

NAIC, that are approved by regulation promulgated by the commissioner for use in determining the

minimum standard of valuation for those policies; for policies or contracts issued on or after January 1,

1961 and prior to January 1, 1966, either those 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). Any such table shall, for active lives, be combined with a mortality table permitted for calculating

the reserves for life insurance policies;

F. For accidental death benefits in or supplementary to 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 NAIC

that is approved by regulation promulgated by the commissioner for use in determining the minimum

standard of valuation for those policies, for policies issued on or after January 1, 1961 and prior to January

1, 1966, either that 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. Either table shall be combined with a mortality table for calculating the reserves for life insurance

policies; and

G. For group life insurance, life insurance issued on the substandard basis and other special benefits: tables

approved by the commissioner.

Drafting Note: The dates inserted should remain unchanged from those appearing in the State’s existing Standard Valuation Law.

Section 4a. Computation of Minimum Standard for Annuities

A. Except as provided in Section 4b, the minimum standard of valuation for individual annuity and pure

endowment contracts issued on or after the operative date of this Section 4a and for annuities and pure

endowments purchased on or after the operative date under group annuity and pure endowment contracts,

shall be the commissioners reserve valuation methods defined in Sections 5 and 5a and the following tables

and interest rates:

(1) For individual annuity and pure endowment contracts issued prior to [insert effective date of 1976

NAIC amendments to the Standard Valuation Law], excluding any disability and accidental death

benefits in those contracts: the 1971 Individual Annuity Mortality Table, or any modification of

this table approved by the commissioner, and six percent (6%) interest for single premium

immediate annuity contracts and four percent (4%) interest for all other individual annuity and

pure endowment contracts;

(2) For individual single premium immediate annuity contracts issued on or after [insert effective

date of 1976 NAIC amendments to the Standard Valuation Law], excluding any disability and

accidental death benefits in those contracts: the 1971 Individual Annuity Mortality Table or any

individual annuity mortality table adopted after 1980 by the NAIC that is approved by regulation

promulgated by the commissioner for use in determining the minimum standard of valuation for

these contracts, or any modification of these tables approved by the commissioner, and seven

and one-half percent (7 1/2%) interest;

(3) For individual annuity and pure endowment contracts issued on or after [insert effective date of

1976 NAIC amendments to the Standard Valuation Law], other than single premium immediate

annuity contracts, excluding any disability and accidental death benefits in those contracts: the

1971 Individual Annuity Mortality Table or any individual annuity mortality table adopted after

1980 by the NAIC, that is approved by regulation promulgated by the commissioner for use in

determining the minimum standard of valuation for those contracts, or any modification of these

tables approved by the commissioner, and five and one-half percent (5 1/2%) interest for single

premium deferred annuity and pure endowment contracts and four and one-half percent (4 1/2%)

interest for all other individual annuity and pure endowment contracts;

NAIC Model Laws, Regulations, Guidelines and Other Resources—July 2010

(4) For annuities and pure endowments purchased prior to [insert effective date of 1976 NAIC

amendments to the Standard Valuation Law] under group annuity and pure endowment contracts,

excluding any disability and accidental death benefits purchased under those contracts: the 1971

Group Annuity Mortality Table or any modification of this table approved by the commissioner,

and six percent (6%) interest; and

(5) For annuities and pure endowments purchased on or after [insert effective date of 1976 NAIC

amendments to the Standard Valuation Law] under group annuity and pure endowment contracts,

excluding any disability and accidental death benefits purchased under those contracts: the 1971

Group Annuity Mortality Table, or any group annuity mortality table adopted after 1980 by the

NAIC that is approved by regulation promulgated by the commissioner for use in determining the

minimum standard of valuation for annuities and pure endowments, or any modification of these

tables approved by the commissioner, and seven and one-half percent (7 1/2%) interest;

B. After [insert effective date of 1972 NAIC amendments to the Standard Valuation Law], any company may

file with the commissioner a written notice of its election to comply with the provisions of this section after

a specified date before January 1, 1979, which shall be the operative date of this section for that company.

If a company makes no election, the operative date of this section for that company shall be January 1,

1979.

Drafting Note: The dates inserted should remain unchanged from those appearing in the State’s existing Standard Valuation Law.

Section 4b. Computation of Minimum Standard by Calendar Year of Issue

A. The interest rates used in determining the minimum standard for the valuation of the following shall be the

calendar year statutory valuation interest rates as defined in this section:

(1) Life insurance policies issued in a particular calendar year, on or after the operative date of

Section 5c of the Standard Nonforfeiture Law for Life Insurance as amended;

(2) Individual annuity and pure endowment contracts issued in a particular calendar year on or after

January 1, 19[ ] [insert the calendar year next following the effective date of the 1980 NAIC

amendments to the Standard Valuation Law];

(3) Annuities and pure endowments purchased in a particular calendar year on or after January 1, 19[

] [insert the calendar year next following the effective date of the 1980 NAIC amendments to the

Standard Valuation Law] under group annuity and pure endowment contracts; and

(4) The net increase, if any, in a particular calendar year after January 1, 19[ ] [insert the calendar

year next following the effective date of the 1980 NAIC amendments to the Standard Valuation

Law], in amounts held under guaranteed interest contracts.

Drafting Note: The dates inserted should remain unchanged from those appearing in the State’s existing Standard Valuation Law.

B. Calendar Year Statutory Valuation Interest Rates

(1) 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 (1/4 of 1%):

(a) For life insurance:

)09.(

)03.(03.

 R

RWI

(b) 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:

Standard Valuation Law

820-10

)03.(03.  RWI

Where

is the lesser of

and .09,

is the greater of

and .09,

is the reference interest rate defined in this section,

is the weighting factor defined in this section;

cash settlement options, valued on an issue year basis, except as stated in Subparagraph

(b) above, the formula for life insurance stated in Subparagraph (a) above shall apply to

annuities and guaranteed interest contracts with guarantee durations in excess of ten (10)

years and the formula for single premium immediate annuities stated in Subparagraph (b)

above shall apply to annuities and guaranteed interest contracts with guarantee duration

of ten (10) years or less;

(d) 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 Subparagraph (b) above shall apply.

(e) 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 Subparagraph (b) above shall apply.

(2) However, if the calendar year statutory valuation interest rate for a life insurance policy 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 (1/2 of 1%), the calendar year statutory valuation interest rate for the 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 in 1979) and shall be determined for

each subsequent calendar year regardless of when Section 5c of the Standard Nonforfeiture Law

for Life Insurance as amended becomes operative.

C. Weighting Factors

(1) The weighting factors referred to in the formulas stated above are given in the following tables:

(a) 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;

NAIC Model Laws, Regulations, Guidelines and Other Resources—July 2010

(b) 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

stated in Subparagraph (b) above, shall be as specified in items (i), (ii) and (iii) below,

according to the rules and definitions in items (iv), (v) and (vi) below:

(i) For annuities and guaranteed interest contracts valued on an issue year basis:

Guarantee

Duration

Weighting Factor

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

(ii) For annuities and guaranteed interest

contracts valued on a change in fund

basis, the factors shown in item (i)

above increased by:

.15

.25

.05

Plan Type

(iii) For annuities and guaranteed interest

contracts valued on an issue year

basis (other than those with no cash

settlement options) that 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 that

do not guarantee interest rates on

considerations received more than

twelve (12) months beyond the

valuation date, the factors shown in

item (i) or derived in item (ii)

increased by:

.05

Standard Valuation Law

820-12

(iv) 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 (20) years. For other annuities with no cash settlement options and for

guaranteed interest contracts with no cash settlement options, the guaranteed

duration is the number of years from the date of issue or date of purchase to the

date annuity benefits are scheduled to commence.

(v) Plan type as used in the above tables is defined as follows:

Plan Type A: At any time policyholder may withdraw funds only (l) with an

adjustment to reflect changes in interest rates or asset values

since receipt of the funds by the insurance company, or (2)

without an adjustment but 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 an 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 an 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.

(vi) 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 section, 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. Reference Interest Rate

(1) The reference interest rate referred to in subsection B of this section shall be defined as follows:

(a) For life insurance, the lesser of the average over a period of thirty-six (36) months and

the average over a period of twelve (12) months, ending on June 30 of the calendar year

preceding the year of issue, of the monthly average of the composite yield on seasoned

corporate bonds, as published by Moody’s Investors Service, Inc.

NAIC Model Laws, Regulations, Guidelines and Other Resources—July 2010

(b) 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 (12)

months, ending on June 30 of the calendar year of issue or year of purchase, of the

monthly average of the composite yield on seasoned corporate bonds, as published by

Moody’s Investors Service, Inc.

cash settlement options, valued on a year of issue basis, except as stated in

Subparagraph (b) above, with guarantee duration in excess of ten (10) years, the lesser of

the average over a period of thirty-six (36) months and the average over a period of

twelve (12) months, ending on June 30 of the calendar year of issue or purchase, of the

monthly average of the composite yield on seasoned corporate bonds, as published by

Moody’s Investors Service, Inc.

(d) 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

Subparagraph (b) above, with guarantee duration of ten (10) years or less, the average

over a period of twelve (12) months, ending on June 30 of the calendar year of issue or

purchase, of the monthly average of the composite yield on seasoned corporate bonds, as

published by Moody’s Investors Service, Inc.

(e) 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 (12) months, ending

on June 30 of the calendar year of issue or purchase, of the monthly average of the

composite yield on seasoned corporate bonds, as published by Moody’s Investors

Service, Inc.

(f) 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

Subparagraph (b) above, the average over a period of twelve (12) months, ending on

June 30 of the calendar year of the change in the fund, of the monthly average of the

composite yield on seasoned corporate bonds, as published by Moody’s Investors

Service, Inc.

E. Alternative Method for Determining Reference Interest Rates. In the event that the monthly average of the

composite yield on seasoned corporate bonds is no longer published by Moody’s Investors Service, Inc. or

in the event that the NAIC determines that the monthly average of the composite yield on seasoned

corporate bonds 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 adopted by the NAIC and approved by regulation promulgated by the commissioner may be

substituted.

Section 5. Reserve Valuation Method—Life Insurance and Endowment Benefits

A. Except as otherwise provided in Sections 5a, 8 and 10, 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 the future guaranteed benefits provided for by those policies, over

the then present value of any future modified net premiums therefor. The modified net premiums for a

policy shall be the uniform percentage of the respective contract premiums for the benefits such that the

present value, at the date of issue of the policy, of all modified net premiums shall be equal to the sum of

the then present value of the benefits provided for by the policy and the excess of (1) over (2), as follows:

Standard Valuation Law

820-14

(1) A net level annual premium equal to the present value, at the date of issue, of the 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 the policy on

which a premium falls due. However, the net level annual premium shall not exceed the net level

annual premium on the nineteen-year premium whole life plan for insurance of the same amount

at an age one year higher than the age at issue of the policy.

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

B. For a life insurance policy issued on or after January 1, 19[ ] [insert the fourth calendar year commencing

after the effective date of the 1980 NAIC amendments to the Standard Valuation Law] 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 the excess and which provides an endowment benefit or a

cash surrender value or a combination in an amount greater than the 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 the excess premium shall, except as

otherwise provided in Section 8, be the greater of the reserve as of the policy anniversary calculated as

described in the preceding paragraph and the reserve as of the policy anniversary calculated as described in

that paragraph, but with (i) the value defined in subsection A of that paragraph being reduced by fifteen

percent (15%) of the amount of such excess first year premium, (ii) 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, (iii) the policy being assumed to mature on that date as an endowment, and (iv) the

cash surrender value provided on that date being considered as an endowment benefit. In making the above

comparison the mortality and interest bases stated in Sections 4 and 4b shall be used.

Drafting Note: The date inserted should remain unchanged from the one appearing in the State’s existing Standard Valuation Law.

C. Reserves according to the commissioners reserve valuation method shall be calculated by a method

consistent with the principles of the preceding paragraphs of this section for:

(1) Life insurance policies providing for a varying amount of insurance or requiring the payment of

varying premiums;

(2) 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 now or hereafter amended;

(3) Disability and accidental death benefits in all policies and contracts; and

(4) All other benefits, except life insurance and endowment benefits in life insurance policies and

benefits provided by all other annuity and pure endowment contracts.

Section 5a. Reserve Valuation Method—Annuity and Pure Endowment Benefits

A. 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 now or hereafter amended.

NAIC Model Laws, Regulations, Guidelines and Other Resources—July 2010

B. Reserves according to the commissioners annuity reserve method for benefits under annuity or pure

endowment contracts, excluding any disability and accidental death benefits in the 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 the 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 the contract, that become

payable prior to the end of the 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 the contracts for determining

guaranteed benefits. The valuation considerations are the portions of the respective gross considerations

applied under the terms of the contracts to determine nonforfeiture values.

Section 6. Minimum Reserves

A. In no event shall a company’s aggregate reserves for all life insurance policies, excluding disability and

accidental death benefits, issued on or after [insert original effective date of the Standard Valuation Law

in this State], be less than the aggregate reserves calculated in accordance with the methods set forth in

Sections 5, 5a, 8 and 9 and the mortality table or tables and rate or rates of interest used in calculating

nonforfeiture benefits for the policies.

B. In no event shall the aggregate reserves for all policies, contracts and benefits be less than the aggregate

reserves determined by the appointed actuary to be necessary to render the opinion required by Section 3.

Drafting Note: The date inserted should remain unchanged from the one appearing in the State’s existing Standard Valuation Law.

Section 7. Optional Reserve Calculation

A. Reserves for policies and contracts issued prior to [insert original effective date of the Standard Valuation

Law in this State] may be calculated, at the option of the company, according to any standards that produce

greater aggregate reserves for all such policies and contracts than the minimum reserves required by the

laws in effect immediately prior to that date.

B. Reserves for any category of policies, contracts or benefits established by the commissioner, issued on or

after [insert original effective date of the Standard Valuation Law in this State], may be calculated, at the

option of the company, according to any standards that produce greater aggregate reserves for the category

than those calculated according to the minimum standard provided herein, but the rate or rates of interest

used for policies and contracts, other than annuity and pure endowment contracts, shall not be greater than

the corresponding rate or rates of interest used in calculating any nonforfeiture benefits provided in the

policies or contracts.

C. A company, which adopts at any time a standard of valuation producing greater aggregate reserves than

those calculated according to the minimum standard provided under this Act, may adopt a lower standard

of valuation with the approval of the commissioner, but not lower than the minimum provided herein;

provided that, for the purposes of this section, the holding of additional reserves previously determined by

the appointed actuary to be necessary to render the opinion required by Section 3 shall not be deemed to be

the adoption of a higher standard of valuation.

Drafting Note: The dates inserted should remain unchanged from those appearing in the State’s existing Standard Valuation Law.

Section 8. Reserve Calculation—Valuation Net Premium Exceeding the Gross Premium Charged

If in any contract year the gross premium charged by a company on a policy or contract is less than the valuation net

premium for the policy or contract calculated by the method used in calculating the reserve but using the minimum valuation

standards of mortality and rate of interest, the minimum reserve required for the 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 the policy or

contract, or the reserve calculated by the method actually used for the 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 section are those standards stated in Sections 4 and 4b.

Standard Valuation Law

820-16

For a life insurance policy issued on or after January 1, 19[ ] [insert the fourth calendar year commencing after the effective

date of the 1980 NAIC amendments to the Standard Valuation Law] 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 the excess and

which provides an endowment benefit or a cash surrender value or a combination in an amount greater than the excess

premium, the provisions of this section shall be applied as if the method actually used in calculating the reserve for the policy

were the method described in Section 5, ignoring the second paragraph of Section 5. The minimum reserve at each policy

anniversary of such a policy shall be the greater of the minimum reserve calculated in accordance with Section 5, including

the second paragraph of that section, and the minimum reserve calculated in accordance with this section.

Drafting Note: The date inserted should remain unchanged from the one appearing in the State’s existing Standard Valuation Law.

Section 9. Reserve Calculation—Indeterminate Premium Plans

In the case of a plan of life insurance that 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 a plan of life insurance

or annuity that is of such a nature that the minimum reserves cannot be determined by the methods described in Sections 5,

5a and 8, the reserves that are held under the plan shall:

A. Be appropriate in relation to the benefits and the pattern of premiums for that plan; and

B. Be computed by a method that is consistent with the principles of this Standard Valuation Law, as determined

by regulations promulgated by the commissioner.

Drafting Note: If desired the following paragraph may be added.

“Notwithstanding any other provision in the laws of this State, a policy, contract or certificate providing life insurance under such a plan shall be

affirmatively approved by the commissioner before it can be marketed, issued, delivered or used in this State.”

If the previous paragraph is enacted in a State where prior filing and approval of life insurance policy forms has not been

previously required by statute, this paragraph would mandate such action for plans requiring approval under Section 9. If the

previous paragraph is enacted in a State where approval is deemed under certain circumstances, the deemed provision would

be overridden by the terms of this section. In some States specific reference must be made to any statutory provision that is

overridden.

Section 10. Minimum Standard for Accident and Health Insurance Contracts

For accident and health insurance contracts issued on or after the operative date of the valuation manual, the standard

prescribed in the valuation manual is the minimum standard of valuation required under Section 2B. For [disability, accident

and sickness, accident and health] insurance contracts issued on or after [insert the original effective date of the Standard

Valuation Law in the State] and prior to the operative date of the valuation manual the minimum standard of valuation is the

standard adopted by the commissioner by regulation.

Drafting Note: States should substitute their state specific terminology for accident and health contracts in place of the bracketed terms. However, it is

critical that each state retain the terms “accident and health” in the title and first sentence of this section because the term is specifically defined for purposes

of the standard valuation law and applicability of the valuation manual standards for such contracts issued on or after the operative date of the valuation

manual.

Section 11. Valuation Manual for Policies Issued On or After the Operative Date of the Valuation Manual

A. For policies issued on or after the operative date of the valuation manual, the standard prescribed in the

valuation manual is the minimum standard of valuation required under Section 2B, except as provided

under Paragraphs E or G of this section.

B. The operative date of the valuation manual is January 1 of the first calendar year following the first July 1

as of which all of the following have occurred:

(1) The valuation manual has been adopted by the NAIC by an affirmative vote of at least forty-two

(42) members, or three-fourths of the members voting, whichever is greater.

NAIC Model Laws, Regulations, Guidelines and Other Resources—July 2010

(2) The Standard Valuation Law, as amended by the NAIC in 2009, or legislation including

substantially similar terms and provisions, has been enacted by States representing greater than

75% of the direct premiums written as reported in the following annual statements submitted for

2008: life, accident and health annual statements; health annual statements; or fraternal annual

statements.

(3) The Standard Valuation Law, as amended by the NAIC in 2009, or legislation including

substantially similar terms and provisions, has been enacted by at least forty-two (42) of the

following fifty-five (55) jurisdictions: The fifty States of the United States, American Samoa, the

American Virgin Islands, the District of Columbia, Guam, and Puerto Rico.

C. Unless a change in the valuation manual specifies a later effective date, changes to the valuation manual

shall be effective on January 1 following the date when [all of the following have occurred]:

(1) The change to the valuation manual has been adopted by the NAIC by an affirmative vote

representing:

(a) At least three-fourths (3/4) of the members of the NAIC voting, but not less than a

majority of the total membership, and

(b) Members of the NAIC representing jurisdictions totaling greater than 75% of the direct

premiums written as reported in the following annual statements most recently available

prior to the vote in Subsection C(1)(a): life, accident and health annual statements, health

annual statements, or fraternal annual statements.

Drafting Note: The following section is optional:

[(2) The valuation manual becomes effective pursuant to [an order of] [regulation adopted by] the

commissioner.]

D. The valuation manual must specify all of the following:

(1) Minimum valuation standards for and definitions of the policies or contracts subject to Section

2B. Such minimum valuation standards shall be:

(a) The commissioners reserve valuation method for life insurance contracts, other than

annuity contracts, subject to Section 2B;

(b) The commissioners annuity reserve valuation method for annuity contracts subject to

Section 2B; and

(2) Which policies or contracts or types of policies or contracts that are subject to the requirements of

a principle-based valuation in Section 12A and the minimum valuation standards consistent with

those requirements;

(3) For policies and contracts subject to a principle-based valuation under Section 12:

(a) Requirements for the format of reports to the commissioner under Section 12B(3) and

which shall include information necessary to determine if the valuation is appropriate and

in compliance with this Act;

(b) Assumptions shall be prescribed for risks over which the company does not have

significant control or influence.

process for appropriate waiver or modification of such procedures.

Standard Valuation Law

820-18

(4) For policies not subject to a principle-based valuation under Section 12 the minimum valuation

standard shall either

(a) Be consistent with the minimum standard of valuation prior to the operative date of the

valuation manual; or

(b) Develop reserves that quantify the benefits and guarantees, and the funding, associated

with the contracts and their risks at a level of conservatism that reflects conditions that

include unfavorable events that have a reasonable probability of occurring.

Drafting Note: The wording of 11D(4)(b) does not preclude, for policies with significant tail risk, reflecting in the reserve conditions appropriately adverse

to quantify the tail risk.

(5) Other requirements, including, but not limited to, those relating to reserve methods, models for

measuring risk, generation of economic scenarios, assumptions, margins, use of company

experience, risk measurement, disclosure, certifications, reports, actuarial opinions and

memorandums, transition rules and internal controls; and

(6) The data and form of the data required under Section 13, with whom the data must be submitted,

and may specify other requirements including data analyses and reporting of analyses.

E. In the absence of a specific valuation requirement or if a specific valuation requirement in the valuation

manual is not, in the opinion of the commissioner, in compliance with this Act, then the company shall,

with respect to such requirements, comply with minimum valuation standards prescribed by the

commissioner by regulation.

F. The commissioner may engage a qualified actuary, at the expense of the company, to perform an actuarial

examination of the company and opine on the appropriateness of any reserve assumption or method used

by the company, or to review and opine on a company’s compliance with any requirement set forth in this

Act. The commissioner may rely upon the opinion, regarding provisions contained within this Act, of a

qualified actuary engaged by the commissioner of another State, district or territory of the United States.

As used in this paragraph, term “engage” includes employment and contracting.

G. The commissioner may require a company to change any assumption or method that in the opinion of the

commissioner is necessary in order to comply with the requirements of the valuation manual or this Act;

and the company shall adjust the reserves as required by the commissioner. The commissioner may take

other disciplinary action as permitted pursuant to [insert applicable law].

Drafting Note: This section is intended to conform to the State’s administrative procedures, including notice and due process.

Drafting Note: Section 11 presumes that each State is permitted under their State laws to “adopt” the valuation manual in a manner similar to how the

Accounting Practices and Procedures Manual becomes effective in many States, without a separate regulatory process such as adoption by regulation. It is

desirable that all States adopt the valuation manual requirements and that such adoption be achieved without a separate State regulatory process in order to

achieve uniformity of reserve standards in all States. However, to the extent that a State may need to adopt the valuation manual through a formal State

regulatory process, Sections 11B and/or 11C may be amended to reflect any State’s need to adopt the valuation manual through regulation.

Section 12. Requirements of a Principle-Based Valuation

A. A company must establish reserves using a principle-based valuation that meets the following

conditions for policies or contracts as specified in the valuation manual:

(1) Quantify the benefits and guarantees, and the funding, associated with the contracts and their risks

at a level of conservatism that reflects conditions that include unfavorable events that have a

reasonable probability of occurring during the lifetime of the contracts. For polices or contracts

with significant tail risk, reflects conditions appropriately adverse to quantify the tail risk.

NAIC Model Laws, Regulations, Guidelines and Other Resources—July 2010

(2) Incorporate assumptions, risk analysis methods and financial models and management techniques

that are consistent with, but not necessarily identical to, those utilized within the company’s

overall risk assessment process, while recognizing potential differences in financial reporting

structures and any prescribed assumptions or methods.

(3) Incorporate assumptions that are derived in one of the following manners:

(a) The assumption is prescribed in the valuation manual.

(b) For assumptions that are not prescribed, the assumptions shall:

(i) Be established utilizing the company’s available experience, to the extent it is

relevant and statistically credible; or

(ii) To the extent that company data is not available, relevant, or statistically

credible, be established utilizing other relevant, statistically credible experience.

(4) Provide margins for uncertainty including adverse deviation and estimation error, such that the

greater the uncertainty the larger the margin and resulting reserve.

B. A company using a principle-based valuation for one or more policies or contracts subject to this section

as specified in the valuation manual shall:

(1) Establish procedures for corporate governance and oversight of the actuarial valuation function

consistent with those described in the valuation manual.

(2) Provide to the commissioner and the board of directors an annual certification of the effectiveness

of the internal controls with respect to the principle-based valuation. Such controls shall be

designed to assure that all material risks inherent in the liabilities and associated assets subject to

such valuation are included in the valuation, and that valuations are made in accordance with the

valuation manual. The certification shall be based on the controls in place as of the end of the

preceding calendar year.

(3) Develop, and file with the commissioner upon request, a principle-based valuation report that

complies with standards prescribed in the valuation manual.

C. A principle-based valuation may include a prescribed formulaic reserve component.

Section 13. Experience Reporting for Policies In Force On or After the Operative Date of the Valuation Manual

A company shall submit mortality, morbidity, policyholder behavior, or expense experience and other

data as prescribed in the valuation manual.

Section 14. Confidentiality

A. For purposes of this Section 14, “Confidential Information” shall mean:

(1) A memorandum in support of an opinion submitted under Section 3 of this Act and any other

documents, materials and other information, including, but not limited to, all working papers, and

copies thereof, created, produced or obtained by or disclosed to the commissioner or any other

person in connection with such memorandum;

Standard Valuation Law

820-20

(2) All documents, materials and other information, including, but not limited to, all working papers,

and copies thereof, created, produced or obtained by or disclosed to the commissioner or any

other person in the course of an examination made under Section 11F of this Act; provided,

however, that if an examination report or other material prepared in connection with an

examination made under the [insert reference to examination law] is not held as private and

confidential information under the [insert reference to examination law], an examination report or

other material prepared in connection with an examination made under Section 11F of this Act

shall not be “Confidential Information” to the same extent as if such examination report or other

material had been prepared under the [insert reference to examination law];

(3) Any reports, documents, materials and other information developed by a company in support of,

or in connection with, an annual certification by the company under Section 12B(2) of this Act

evaluating the effectiveness of the company’s internal controls with respect to a principle-based

valuation and any other documents, materials and other information, including, but not limited to,

all working papers, and copies thereof, created, produced or obtained by or disclosed to the

commissioner or any other person in connection with such reports, documents, materials and other

information;

(4) Any principle-based valuation report developed under Section 12B(3) of this Act and any other

documents, materials and other information, including, but not limited to, all working papers, and

copies thereof, created, produced or obtained by or disclosed to the commissioner or any other

person in connection with such report; and

(5) Any documents, materials, data and other information submitted by a company under Section 13

of this Act (collectively, “experience data”) and any other documents, materials, data and other

information, including, but not limited to, all working papers, and copies thereof, created or

produced in connection with such experience data, in each case that include any potentially

company-identifying or personally identifiable information, that is provided to or obtained by the

commissioner (together with any “experience data”, the “experience materials”) and any other

documents, materials, data and other information, including, but not limited to, all working

papers, and copies thereof, created, produced or obtained by or disclosed to the commissioner or

any other person in connection with such experience materials.

B. Privilege for, and Confidentiality of, Confidential Information

(1) Except as provided in this Section 14, a company’s Confidential Information is confidential by

law and privileged, and shall not be subject to [insert open records, freedom of information,

sunshine or other appropriate phrase], shall not be subject to subpoena and shall not be subject to

discovery or admissible in evidence in any private civil action; provided, however, that the

commissioner is authorized to use the Confidential Information in the furtherance of any

regulatory or legal action brought against the company as a part of the commissioner’s official

duties.

(2) Neither the commissioner nor any person who received Confidential Information while acting

under the authority of the commissioner shall be permitted or required to testify in any private

civil action concerning any Confidential Information.

(3) In order to assist in the performance of the commissioner’s duties, the commissioner may share

Confidential Information (a) with other state, federal and international regulatory agencies and

with the NAIC and its affiliates and subsidiaries and (b) in the case of Confidential Information

specified in Sections 14A(1) and 14A(4) only, with the Actuarial Board for Counseling and

Discipline or its successor upon request stating that the Confi

dential Information is required for

the purpose of professional disciplinary proceedings and with state, federal and international law

enforcement officials; in the case of (a) and (b), provided that such recipient agrees, and has the

legal authority to agree, to maintain the confidentiality and privileged status of such documents,

materials, data and other information in the same manner and to the same extent as required for

the commissioner.

NAIC Model Laws, Regulations, Guidelines and Other Resources—July 2010

Drafting Note: Subsection B(3) assumes the recipient has the authority to protect the applicable confidentiality or privilege, but does not address the

verification of that authority, which would presumably occur in the context of a broader information sharing agreement.

(4) The commissioner may receive documents, materials, data and other information, including

otherwise confidential and privileged documents, materials, data or information, from the NAIC

and its affiliates and subsidiaries, from regulatory or law enforcement officials of other foreign or

domestic jurisdictions and from the Actuarial Board for Counseling and Discipline or its successor

and shall maintain as confidential or privileged any document, material, data or other information

received with notice or the understanding that it is confidential or privileged under the laws of the

jurisdiction that is the source of the document, material or other information.

(5) The commissioner may enter into agreements governing sharing and use of information consistent

with this Section 14B.

(6) No waiver of any applicable privilege or claim of confidentiality in the Confidential Information

shall occur as a result of disclosure to the commissioner under this section or as a result of sharing

as authorized in Section 14B(3).

(7) A privilege established under the law of any state or jurisdiction that is substantially similar to the

privilege established under this Section 14B shall be available and enforced in any proceeding in,

and in any court of, this State.

(8) In this Section 14 “regulatory agency,” “law enforcement agency” and the “NAIC” include, but

are not limited to, their employees, agents, consultants and contractors.

C. Notwithstanding Section 14B, any Confidential Information specified in Sections 14A(1) and 14A(4):

(1) May be subject to subpoena for the purpose of defending an action seeking damages from the

appointed actuary submitting the related memorandum in support of an opinion submitted under

Section 3 of this Act or principle-based valuation report developed under Section 12B(3) of this

Act by reason of an action required by this Act or by regulations promulgated hereunder;

(2) May otherwise be released by the commissioner with the written consent of the company; and

(3) Once any portion of a memorandum in support of an opinion submitted under Section 3 of this

Act or a principle-based valuation report developed under Section 12B(3) of this Act is cited by

the company in its marketing or is publicly volunteered to or before a governmental agency other

than a state insurance department or is released by the company to the news media, all portions of

such memorandum or report shall no longer be confidential.

Drafting Note: The following section is optional:

Section 15. Single State Exemption

A. The commissioner may exempt specific product forms or product lines of a domestic company that is

licensed and doing business only in [Name of State] from the requirements of Section 11 provided:

(1) The commissioner has issued an exemption in writing to the company and has not subsequently

revoked the exemption in writing; and

(2) The company computes reserves using assumptions and methods used prior to the operative date

of the valuation manual in addition to any requirements established by the commissioner and

promulgated by regulation.

B. For any company granted an exemption under this section, Sections 3, 4, 4a, 4b, 5, 5a, 6, 7, 8, 9 and 10

shall be applicable. With respect to any company applying this exemption, any reference to Section 11

found in Sections 3, 4, 4a, 4b, 5, 5a, 6, 7, 8, 9 and 10 shall not be applicable.]

Standard Valuation Law

820-22

Section [15 or16]. Effective Date

All acts and parts of acts inconsistent with the provision of this Act are hereby repealed as of [insert original effective date of

the Standard Valuation Law in this State]. This Act shall take effect [insert original effective date of the Standard Valuation

Law in this State].

Drafting Note: A state that has adopted specific valuation standards, other than the SVL, will need to review those standards and make changes if needed in

order for the valuation manual standards to apply (such as sunsetting the specific State standard on the operative date of the valuation manual or subsequent

changes to the valuation manual).

____________________________

Chronological Summary of Action (all references are to the Proceedings of the NAIC).

1942 Proc. Supp. 271-274 (printed).

1943 Proc. 13 (adopted).

1959 Proc. I 183, 193, 203-206, 294 (amended).

1960 Proc. II 518, 536, 537-538 (amended).

1962 Proc. I 140, 144, 146, 166 (amended).

1973 Proc. I 9, 11, 251, 277, 283 (amended).

1973 Proc. II 533, 543-546 (reprinted).

1974 Proc. II 464-466 (reprinted).

1977 Proc. I 20, 22, 23, 26, 28, 317, 478-479, 481-483, 487-491 (amended).

1977 Proc. II 19, 21, 432, 494, 557-559 (corrected).

1981 Proc. I 47, 51, 421, 517, 761, 765-773 (amended and reprinted).

1981 Proc. II 27, 35, 559, 793, 802-811 (amended and reprinted).

1991 Proc. I 9, 17, 539, 1029-1045 (amended and reprinted).

1992 Proc. I 86, 94, 97, 861, 1389-1391 (amended).

1999 Proc. 4

Quarter 15, 843, 845-847 (amended).

2009 Proc. 3

Quarter, Vol. I, 95-96, 114-117, 151-194 (amended).

NAIC Model Laws, Regulations, Guidelines and Other Resources—Fall 2019

STANDARD VALUATION LAW

This chart is intended to provide readers with additional information to more easily access state statutes, regulations,

bulletins or administrative rulings related to the NAIC model. Such guidance provides readers with a starting point

from which they may review how each state has addressed the model and the topic being covered. The NAIC Legal

Division has reviewed each state’s activity in this area and has determined whether the citation most appropriately

fits in the Model Adoption column or Related State Activity column based on the definitions listed below. The NAIC’s

interpretation may or may not be shared by the individual states or by interested readers.

This chart does not constitute a formal legal opinion by the NAIC staff on the provisions of state law and should not

be relied upon as such. Nor does this state page reflect a determination as to whether a state meets any applicable

accreditation standards. Every effort has been made to provide correct and accurate summaries to assist readers in

locating useful information. Readers should consult state law for further details and for the most current information.

NAIC Model Laws, Regulations, Guidelines and Other Resources—Fall 2019

STANDARD VALUATION LAW

ST-820-2

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NAIC Model Laws, Regulations, Guidelines and Other Resources—Fall 2019

STANDARD VALUATION LAW

KEY:

MODEL ADOPTION: States that have citations identified in this column adopted the most recent version of the NAIC

model in a substantially similar manner. This requires states to adopt the model in its entirety but does allow for variations

in style and format. States that have adopted portions of the current NAIC model will be included in this column with an

explanatory note.

RELATED STATE ACTIVITY: Examples of Related State Activity include but are not limited to: older versions of the

NAIC model, statutes or regulations addressing the same subject matter, or other administrative guidance such as bulletins

and notices. States that have citations identified in this column only (and nothing listed in the Model Adoption column) have

not adopted the most recent version of the NAIC model in a substantially similar manner.

NO CURRENT ACTIVITY: No state activity on the topic as of the date of the most recent update. This includes states that

have repealed legislation as well as states that have never adopted legislation.

NAIC MEMBER

MODEL ADOPTION RELATED STATE ACTIVITY

Alabama

CODE

§§ 27-36A-1 to 27-36A-20

(1971/2016).

Alaska

LASKA

TAT

. §§ 21.18.110; 21.18.112

(1966/2018).

American Samoa

NO CURRENT ACTIVITY

Arizona

RIZ

TAT

§ 20-510 (1982/2014).

Arkansas

ODE

. §§ 23-84-101 to 23-84-119

(1959/2019).

ULLETIN

8-2016 (2016).

California

ODE

§§ 10489.1 to 10489.992

(1981/2016).

Colorado

OLO

TAT

. § 10-7-101; §§ 10-7-309 to

10-7-316 (1961/2015); § 10-7-114

(1992/2015).

Connecticut

ONN

TAT

. §§ 38a-77; 38a-78;

38a-78a; 38a-79a (1978/2018).

ULLETIN

FS-32-2017

(2017);

BULLETIN FS-31-2016 (2016).

Delaware

ODE

. tit. 18, §§ 1111 to 1126

(1983/2015).

District of Columbia

D.C. C

ODE

§ 31-4701 (1978/1996); § 31-4901

(1993/2019).

Florida

TAT

. § 625.121 (1959/2014);

FLA. STAT. § 625.1212 (2014).

Georgia

ODE

. § 33-10-13 (1960/2019).

Guam

NO CURRENT ACTIVITY

NAIC Model Laws, Regulations, Guidelines and Other Resources—Fall 2019

STANDARD VALUATION LAW

ST-820-4

NAIC MEMBER

MODEL ADOPTION RELATED STATE ACTIVITY

Hawaii

TAT

. § 431:5-307 (1988/2019).

EMORANDUM

2009-2 (A) (2009).

Idaho

IDAHO CODE ANN. § 41-612 (1961/2016).

Illinois

215 I

OMP

TAT

. 5/223 (1983/2016).

Indiana

IND. CODE §§ 27-1-12.8-1 to 27-1-12.8-40

(2013/2018).

BULLETIN 230 (2016).

Iowa

OWA

ODE

§ 508.36 (1963/2014).

Kansas

TAT

. § 40-409 (1927/2015).

Kentucky

TAT

. §§ 304.6-120 to

304.6-180 (1970/2015).

ULLETIN

2016-3 (2016).

Louisiana

TAT

. §§ 22:751 to 22:755

(2008/2016).

ULLETIN

7-5-2016 (2016).

Maine

TAT

. tit. 24-A, §§ 951 to 962

(1969/2013).

Maryland

ODE

. § 5-201; § 5-201.1;

§§ 5-301 to 5-317 (1939/2018).

Massachusetts

ASS

AWS

ch. 175, § 9 (1982/2011);

§ 9 ½ (2018); § 9B (1993); § 9B ½ (2018).

Michigan

ICH

OMP

AWS

§§ 500.834 to 500.836

(1974/2016).

ULLETIN

2016-17-I

(2016).

Minnesota

INN

TAT

. § 61A.25 (1967/2016).

Mississippi

ISS

ODE

. § 83-7-23 (1975/2014).

Missouri

TAT

. § 376.380 (1959/2015).

Montana

MONT. CODE ANN. §§ 33-2-401 to

33-2-418 (1959/2015).

Nebraska

TAT

. § 44-8901 to 44-8912

(2014); §§ 44-420 to 44-427 (1994).

ULLETIN

CB-136 (2016).

Nevada

TAT

. §§ 681B.110 to 681B.150

(1971/2015); § 681B.220 (1995/2015);

681b.350 to 681b.380 (2015).

ULLETIN

2016-008

(2016).

New Hampshire

N.H. R

TAT

. §§ 410:1 to 410:18

(1943/2014).

NAIC Model Laws, Regulations, Guidelines and Other Resources—Fall 2019

STANDARD VALUATION LAW

NAIC MEMBER

MODEL ADOPTION RELATED STATE ACTIVITY

New Jersey

N.J. S

TAT

. § 17B:19-1.1; § 17B:19-2.1;

§§ 17B:19-8 to 17B:19-14 (1971/2014).

ULLETIN

2018-15 (2018).

New Mexico

N.M. S

TAT

. §§ 59A-8A-1 to 59A-8A-12

(2014).

New York

N.Y. I

§ 4217 (1984/2018).

North Carolina

N.C. G

TAT

. § 58-58-50 (1945/2019).

North Dakota

N.D. C

ENT

ODE

§§ 26.1-35-01 to

26.1-35-14 (1985/2015).

Northern Marianas

NO CURRENT ACTIVITY

Ohio

HIO

ODE

§§ 3903.72 to

3903.7211 (1983/2014).

ULLETIN

2016-3 (2016).

Oklahoma

KLA

TAT

. tit. 36, § 1510 (1957/2014);

§ 4061 (1997/2014).

ULLETIN

FIN

2016-01

(2016).

Oregon

TAT

. §§ 733.300 to 733.340

(1991/2015).

DMIN

R. 836-031-0605 (2017).

Pennsylvania

40 P

ONS

TAT

. § 7-101 to 7142

(2016/2018).

Puerto Rico

P.R. L

AWS

. tit. 26, §§ 523 to 524

(2003/2008); P.R RULE XLVIII Part A (1984)

(previous version of model).

Rhode Island

R.I. G

AWS

§§ 27-4.5-1 to 27-4.5-17

(1994/2014).

South Carolina

S.C. C

ODE

. § 38-9-180 (1988/2016).

South Dakota

S.D. C

ODIFIED

AWS

§§ 58-26-45 to

58-26-105 (1995/2015).

S.D. C

ODIFIED

AWS

§ 58-26-13.1

(1992/1997) (actuarial opinion).

Tennessee

ENN

ODE

. §§ 56-1-901 to 56-1-919

(2013/2016).

Texas

ODE

. §§ 425.051 to 425.077

(2005/2015); 28 Tex. Admin. Code §§ 3.9901;

3.9902 (2017).

Utah

TAH

ODE

§§ 31A-17-501 to

31A-17-519 (1993/2019).

NAIC Model Laws, Regulations, Guidelines and Other Resources—Fall 2019

STANDARD VALUATION LAW

ST-820-6

NAIC MEMBER

MODEL ADOPTION RELATED STATE ACTIVITY

Vermont

TAT

. tit. 8, §§ 3791 to 3791r

(2015).

Virgin Islands

V.I.

ODE

tit. 22, §§ 531 to 549 (2018).

Virginia

ODE

. §§ 38.2-1365 to 38.2-1385

(2014).

DMINISTRATIVE

ETTER

2016-7 (2016).

Washington

ASH

ODE

§§ 48.74.010 to

48.74.130 (1982/2016).

West Virginia

ODE

§ 33-7-9 (1957/2019).

Wisconsin

TAT

. § 623.06 (1943/2017).

Wyoming

TAT

. §§ 26-6-201 to

26-6-213 (1967/2017).

NAIC Model Laws, Regulations, Guidelines and Other Resources–October 2010

STANDARD VALUATION LAW

Proceeding Citations

Cited to the Proceedings of the NAIC

The Executive Committee adopted a resolution that approved of the principles embodied in the proposed model legislation.

1943. Proc. 13.

The Plenary adopted amendments to this model. 1959 Proc. I 183-193.

The Plenary adopted amendments to this model. 1960 Proc. II 518.

The Life and Health Actuarial Task Force adopted revisions to this model pursuant to a regulatory confidentiality initiative.

1999 Proc. 3

Quarter Vol. II 1205.

The Executive Committee adopted amendments to this model. 1999 Proc. 4

Quarter Vol. I 15.

The SVL-II Subgroup discussed a working draft of the SVL II. 2006 Proc. 3

Quarter Vol. III 1711.

The SVL-II Subgroup discussed several revisions to the existing Standard Valuation Law. 2006 Proc. 4

Quarter Vol. II

2368.

The Task Force discussed several changes that would need to be made to the Standard Valuation Law to move to a Principles

Based Reserve (PBR) system. 2007 Proc. 3

Quarter Vol. III 1439.

The American Academy of Actuaries (AAA) presented a report on the Valuation Law. 2007 Proc. 3

Quarter Vol. III 2069

to 2070.

The Legal Division explained its role in the development of model laws. 2007 Proc. 4

Quarter Vol. II 14-72.

The joint Executive Committee/Plenary adopted the revisions to this model during the 2009 Fall National Meeting. 2009

Proc. 3

Quarter.

Section 1. Title and Definitions

The Task Force discussed the scope of business to be covered by the SVL. 2007 Proc. 4

Quarter Vol. II 14-2 to 14-3.

The Task Force discussed several definitions. 2008 Proc. 1

Quarter Vol. II 14-4.

The Task Force added several definitions. 2008 Proc. 1

Quarter Vol. II 14-424 to 14-426.

The Task Force tabled an amendment adding a definition of “tail risk” until the principles and minimum reserve standard

were completed. 2008 Proc. 2

Quarter Vol. II 14-4.

The Task Force revised the definition of “company” and removed the definition of “transaction business.” 2008 Proc. 2

Quarter Vol. II 14-294.

The Task Force amended the definition of “moderately adverse.” 2008 Proc. 3

Quarter Vol. II 14-8.

The Task Force added definitions for accident and health insurance, life insurance and deposit-type contracts. 2008 Proc. 3

Quarter Vol. II 14-411.

The Task Force amended language in this Section. 2008 Proc. 3

Quarter Vol. II 14-535.

The Task Force deleted the definition of “cash flows” and modified the definition of “tail risk.” 2008 Proc. 4

Quarter 14-

409.

NAIC Model Laws, Regulations, Guidelines and Other Resources—October 2010

STANDARD VALUATION LAW

Proceeding Citations

Cited to the Proceedings of the NAIC

Section 1 (cont.)

A regulator was concerned about the definitions of life insurance contracts, accident and health contracts and deposit-type

contracts. The Standard Valuation Law Definitions Subgroup recommended removing the definitions of the types of

business. 2009 Proc. 1

Quarter Vol. II 13-5.

The Subgroup discussed whether to expand the scope of the SVL. 2009 Proc. 1

Quarter Vol. II 13-5.

A regulator said that the emphasis should be to minimize changes to the current sections of the SVL. The goal is to draft new

sections to authorize the valuation manual and implement principle-based reserves. The Task Force discussed several new

definitions. 2009 Proc. 1

Quarter Vol. II 13-332 to 13-333.

Section 2. Reserve Valuation

The Task Force discussed the language of this Section. 2007 Proc. 4

Quarter Vol. II 14-36.

The Task Force removed the reference to valuation certificates and made additional revisions. 2008 Proc. 2

Quarter Vol.

II 14-294 to 14-295.

The Task Force moved the drafting note from the end of Section 2 to Section 1. 2008 Proc. 3

Quarter Vol. II 14-411.

The Task Force deleted Section 13 from Section 2B(2) so that experience reporting and confidentiality apply to all policies.

2008 Proc. 3

Quarter Vol. II 14-411.

The Task Force considered several amendments to this Section but either rejected or deferred each proposed amendment.

2008 Proc. 3

Quarter Vol. II 14-535 to 14-536.

The Task Force added the sentence “[i]n calculating reserves, the commissioner may use group methods and approximate

averages for fractions of a year or otherwise.” 2008 Proc. 4

Quarter Vol. II 14-409.

The Task Force deleted the words “unless specifically provided otherwise in the valuation manual” and moved the wording

in Subsection 12A to 12B. 2008 Proc. 4

Quarter 14-409.

The Task force discussed wording in Subsection 2A. 2008 Proc. 3

Quarter Vol. II 14-522.

Section 3. Actuarial Opinion of Reserves

The Subcommittee substituted language for paragraphs (c), (d) and (e) relating to individual annuity and pure endowment

contracts, total and permanent disability benefits and accidental benefits. 1960 Proc. II 536-537.

A regulator stated that he opposed including references to Actuarial Standards of Practice (ASOP) in the SLV. The Task

Force discussed whether to add a drafting note. 2007 Proc. 4

Quarter Vol. II 14-36.

The Task Force discussed several amendments to this Section. 2008 Proc. 2

Quarter Vol. II 14-4.

The Task Force deleted the confidentiality paragraphs. 2008 Proc. 3

Quarter Vol. II 14-6.

The Task Force deleted the first sentence in this Section. 2008 Proc. 3

Quarter Vol. II 14-522.

The Task Force added the phrase “or its successor” to the reference to the Actuarial Standards Board. 2008 Proc. 4

Quarter

Vol. II 14-409.

The Task Force added a drafting note to give guidance to any state that adopts the SVL prior to the valuation manual

becoming effective. 2008 Proc. 4

Quarter Vol. II 14-409.

NAIC Model Laws, Regulations, Guidelines and Other Resources–October 2010

STANDARD VALUATION LAW

Proceeding Citations

Cited to the Proceedings of the NAIC

Section 4. Computation of Minimum Standard

The SVL-II Subgroup discussed whether to incorporate in the law a minimum reserve standard, such as a deterministic floor

or cash surrender value floor, or if such reserve standards should be in the valuation manual. 2007 Proc. 1

Quarter Vol. II

1387 to 1388.

The Task Force amended language related to “the effective date of this Act.” 2008 Proc. 3

Quarter Vol. II 14-522.

The Task Force replaced the phrase “year of passage of the amendatory Act” with “date of the 1980 NAIC amendments to

the Standard ValuationLaw.” 2008 Proc. 3

Quarter Vol. II 14-523.

Section 4a. Computation of Minimum Standard for Annuities

Section 4b. Computation of Minimum Standard by Calendar Year of Issue

Section 5. Reserve Valuation Method—Life Insurance and Endowment Benefits

Section 5a. Reserve Valuation Method—Annuity and Pure Endowment Benefits

Section 6. Minimum Reserves

Section 7. Optional Reserve Calculation

Section 8. Reserve Calculation—Valuation Net Premium Exceeding the Gross Premium Charged

Section 9. Reserve Calculation—Indeterminate Premium Plans

Section 10. Minimum Standard for Accident and Health Insurance Contracts

The Task Force modified the wording to be consistent with the definition of accident and health insurance contracts. 2008

Proc. 3

Quarter Vol. II 14-5.

Section 11. Valuation Manual for Policies Issued On or After the Operative Date of the Valuation Manual

The SVL-II Subgroup discussed whether there were health insurance products that had tail risk and needed to be tested

stochastically. 2006 Proc. 4

Quarter Vol. II 2058.

The SVL-II Subgroup discussed several issues concerning the new draft of SVL-II. 2007 Proc. 2

Quarter Vol. II 1227.

The Task Force clarified that the valuation manual would apply to prospective business only. 2008 Proc. 1

Quarter Vol. II

14-4.

The Task Force discussed an amendment to split this Section into three parts. 2008 Proc. 1

Quarter Vol. II 14-5 to 14-7.

The Task Force discussed several amendments to this Section. 2008 Proc. 2

Quarter Vol. II 14-4 to 14-5, 14-296.

The Task Force amended language in this Section. 2008 Proc. 3

Quarter Vol. II 14-6.

The Task Force cleaned up language regarding the operative date of the valuation manual. 2008 Proc. 3

Quarter Vol. II

14-6.

The Task Force adopted several amendments to this Section. 2008 Proc. 3

Quarter Vol. II 14-8.

The Task Force substituted language in Subsections 11B and 11C. 2008 Proc. 3

Quarter Vol. II 14-412.

NAIC Model Laws, Regulations, Guidelines and Other Resources—October 2010

STANDARD VALUATION LAW

Proceeding Citations

Cited to the Proceedings of the NAIC

Section 11 (cont.)

The Task Force tabled an amendment until the amendment proposal on the premium test in Subsection 11B was submitted.

2008 Proc. 3

Quarter Vol. II 14-512.

The Task Force discussed several amendments concerning Section 11. 2008 Proc. 3

Quarter Vol. II 14-512 to 14-513.

A regulator said that the purpose of Subsection 11E was to allow the commissioner to prescribe a valuation requirement if the

requirement is missing in the valuation manual or if a requirement is not in compliance with the Standard Valuation Law.

2008 Proc. 4

Quarter Vol. II 14-8.

A regulator said that the intention was to have the current standards carry over to the valuation manual. The Task Force

discussed the meaning behind the language in Subsection 11D. 2008 Proc. 4

Quarter Vol. II 14-8.

The Task Force discussed an amendment that would require that the initial version of the valuation manual be adopted by the

state legislatures in addition to the SVL. 2008 Proc. 4

Quarter Vol. II 14-402.

The Task Force discussed the authority of the commissioner to prescribe valuation standards. 2008 Proc. 4

Quarter Vol. II

14-403.

The Task Force deleted the requirement that a principle-based valuation include “a floor value for the minimum reserve that

is appropriate for the product being valued, as defined in the valuation manual.” 2008 Proc. 4

Quarter Vol. II 14-410.

The Task Force deleted a reference to “objectives of statutory reporting.” 2008 Proc. 4

Quarter Vol. II 4-410.

The Task Force increased the percentage of direct written premium needed to make the valuation manual operational or to

make changes to the valuation manual. 2008 Proc. 4

Quarter 14-410.

Section 12. Requirements of a Principle-Based Valuation

The Task Force discussed several amendments to this Section. 2008 Proc. 2

Quarter Vol. II 14-5.

The Task Force deleted the confidentiality paragraph. 2008 Proc. 3

Quarter Vol. II 14-6.

The Task Force amended Subsection 12A(3). 2008 Proc. 3

Quarter Vol. II 14-7.

The Task Force retitled this Section. 2008 Proc. 3

Quarter Vol. II 14-7.

The Task Force discussed a letter regarding the separate annual certification in Subsection 12B. 2008 Proc. 4

Quarter Vol.

II 14-9.

The Task Force adopted an amendment to delete a duplicate sentence in Subsection 12B(1). 2008 Proc. 4

Quarter Vol. II

14-402.

The Task Force amended Subsection A(3). 2008 Proc. 4

Quarter Vol. II 14-410.

The Subgroup discussed a letter from the Corporate Governance (Ex) Subgroup that recommended a change to this section.

This change was intended to require a company to establish procedures for corporate governance and oversignt consistent

with requirements in the valuation manual. 2009 Proc. 1

Quarter Vol. II 13-6.

Section 13. Experience Reporting for Policies In Force On or After the Operative Date of the Valuation Manual

The Task Force removed language where the commissioner would give information to the AAA. 2007 Proc. 3

Quarter

Vol. III 1440.

NAIC Model Laws, Regulations, Guidelines and Other Resources–October 2010

STANDARD VALUATION LAW

Proceeding Citations

Cited to the Proceedings of the NAIC

Section 13 (cont.)

The Task Force adopted two amendments to this Section. 2008 Proc. 2

Quarter Vol. II 14-5.

The Task Force considered an amendment that stated that the primary purpose of the experience reporting is to provide data

for the assumptions used in the principle-based reserve calculations. 2008 Proc. 3

Quarter Vol. II 14-6.

The Task Force changed language in this Section to be consistant with Section 11. 2008 Proc. 4

Quarter Vol. II 14-402.

Section 14. Confidentiality

The Task Force adopted two amendments to this Section. 2008 Proc. 2

Quarter Vol. II 14-5.

The Task Force amended several provisions in Section 14. 2008 Proc. 4

Quarter Vol. II 14-9.

The Task Force discussed several amendments to this Section. 2008 Proc. 4

Quarter Vol. II 14-402.

[Section 15. Single State Exemption (optional)]

The Task Force amended this Section. 2008 Proc. 2

Quarter Vol. II 14-5.

Section 15 or 16. Effective Date

________________________________

Chronological Summary of Action

1943: Model adopted.

1959: Model amended.

1960: Model amended.

1962: Model amended.

1973: Model amended.

1977: Model amended.

1981: Model amended.

1991: Model amended.

1992: Model amended.

1999: Model amended.

September 2009: Model amended.

NAIC Model Laws, Regulations, Guidelines and Other Resources—October 2010

STANDARD VALUATION LAW

Proceeding Citations

Cited to the Proceedings of the NAIC

This page is intentionally left blank