BILL ANALYSIS Ó SENATE COMMITTEE ON INSURANCE Senator Richard Roth, Chair 2015 - 2016 Regular Bill No: SB 696 Hearing Date: April 22, 2015 ----------------------------------------------------------------- |Author: |Roth | |-----------+-----------------------------------------------------| |Version: |April 14, 2015 | ----------------------------------------------------------------- ----------------------------------------------------------------- |Urgency: |No |Fiscal: |Yes | ----------------------------------------------------------------- ----------------------------------------------------------------- |Consultant:|Hugh Slayden | | | | ----------------------------------------------------------------- Subject: Insurance: principle-based valuation SUMMARY Replaces the current method of calculating contract reserves for life insurance products with a new method, Principle-Based Reserving (PBR), for some types of life insurance policies issued on or after the effective date, as specified. DIGEST Existing law 1. Sets minimum benefit values when policies are surrendered or lapsed (referred to as "nonforfeiture benefits"). 2. Requires every life insurer doing business in California to annually submit to the Insurance Commissioner (IC) the opinion of a qualified actuary as to whether the "reserves" (assets set aside to pay future claims) are calculated appropriately, based on assumptions that satisfy contractual provisions, consistent with prior reported amounts, and in compliance with applicable state law. 3. Requires insurers to calculate reserves according to a statutory method, known as the "Net Premium Reserve Method," using a formula, specified mortality tables approved by the IC, SB 696 (Roth) Page 2 of ? and method for calculating the applicable interest rates, for the purpose of determining reserves required by law for various types of life insurance contracts. This bill 1. Requires the IC and life insurers to incorporate a new methodology known as Principle-Based Reserving that employs a specified manual of valuation instructions, known as the Valuation Manual (VM), adopted by the National Association of Insurance Commissioners (NAIC) in making determinations relating to reserve requirements and the minimum standard of valuation for policies and contracts, as specified. 2. Requires insurers to calculate reserves using PBR for policies issued after the effective date of the VM. 3. Requires an insurer to annually submit to the IC the opinion of a qualified actuary as to whether the reserves are calculated appropriately and that the opinion be governed by the VM and other applicable standards. 4. Requires a company to establish reserves subject to PBR that meet specified conditions in the VM, including quantifying the benefits, guarantees, and funding associated with the contracts, and requires the company to develop and file with the IC upon request, a principle-based valuation report. 5. Requires an insurer to submit mortality, morbidity, policyholder behavior, or expense experience, and other data as prescribed in the VM. 6. Grants the IC the authority to adopt tables of select mortality factors and rules for use by issuing a bulletin or through the adoption of regulations, and declares the Legislature's intent that those rules be consistent with the SB 696 (Roth) Page 3 of ? NAIC's Valuation of Life Insurance Model Regulation 830. 7. Provides that the VM goes into effect January 1 the year after it has been adopted by the NAIC by an affirmative vote of at least 42 members, or three-fourths of the members voting, whichever is greater, so long as it was adopted by July 1 of the preceding year. 8. Provides that the PBR goes into effect when enacted by states representing greater than 75 percent of the direct premiums written and at least 42 of the 55 jurisdictions (including U.S. states and some territories). 9. Establishes a process for amending the VM. 10. Requires that the VM include minimum valuation standards; establishes criteria for which method applies to particular policies or contracts and specifically which ones are subject to PBR; establishes rules on how to treat assumptions of risk for which the company has little to no control; imposes procedures for corporate governance and oversight of the actuarial functions; and sets standards for products not subject to PBR. 11. Requires reserves subject to PBR to incorporate: a. A level of conservatism that reflects conditions that include unfavorable events that have a reasonable probability of occurring; assumptions, risk analysis methods, and financial models and management techniques consistent with those utilized within the company's overall risk assessment process. b. Assumptions prescribed in the VM, and if not prescribed, assumptions established utilizing the insurers' available experience, to the extent it is relevant and statistically credible, or data established SB 696 (Roth) Page 4 of ? utilizing other relevant, statistically credible experience that provide margins for uncertainty including adverse deviation and estimation error. 12. Requires insurers to establish procedures for corporate governance and oversight of the actuarial valuation function consistent with those described in the VM. 13. Requires the insurer to develop, and file with the IC upon request, a PBR report that complies with standards prescribed in the valuation manual. 14. Authorizes the IC to engage a qualified actuary, at the expense of the insurer, to perform an actuarial examination of the insurer and provide an opinion on the appropriateness of any reserve assumption or method used, or to review and provide an insurer's opinion on compliance with reserving requirements. 15. Authorizes the IC to require an insurer to change any assumption or method necessary to comply with the VM or applicable law, and adjust the reserves as required. Also authorizes the IC to take other disciplinary action as permitted by all other applicable laws. 16. Exempts specified documents and information, with some exceptions, that are submitted under the PBR process from subpoena, disclosure under the Public Records Act, civil discovery as applied to the IC, and prohibits documents and information from being admitted into evidence in a civil proceeding. 17. Authorizes the IC to hire and assign department staff, including one exempt position, and retain nondepartmental actuaries and other consultants, to assist in the implementation of PBR. SB 696 (Roth) Page 5 of ? 18. Establishes an annual assessment on each participating insurer, effective when the bill (not PBR) goes into effect, that is capped according to the insurer's volume of business, to pay for additional staffing and resources to implement PBR. 19. Coordinates the assumptions used to determine nonforfeiture benefits with those used to determine reserves under PBR when applicable. 20. Makes numerous, clarifying, technical, and stylistic changes. 21. Makes legislative findings regarding the need to protect an insurer's proprietary information and keep information received by IC confidential. COMMENTS 1. Purpose of the bill SB 696 would allow life insurers to utilize Principle-Based Reserving to calculate the funds set aside to pay future claims. Stakeholders agree that the current method does not provide reserves that meet the risks for some types of life insurance products. PBR is intended to "right-size" reserves for those products. 2. Background In order to make sure that life insurers have sufficient funds to pay future claims, they are required by law to set aside sufficient assets, "reserves," to pay anticipated liabilities. Since only a portion of outstanding policies will pay benefits, it is not necessary to set aside funds to pay the entire benefit, but enough to ensure payment of future claims given the probabilities related to claims, probable investment income on the assets, future premium to be received, reinsurance agreements (where one insurer assumes risks from another insurer) and other factors. The Standard Valuation Law (SVL) establishes methods required by law to calculate reserves. Currently, most life insurance products are subject to the method within the SVL known as the Net Premium Reserve Method SB 696 (Roth) Page 6 of ? (NPRM). The NPRM applies in a similar manner to all insurers and most products. SB 696 would add a new method to the Standard Valuation Law, known as Principle-Based Reserving (PBR), that would consider the actual experience of the insurer and incorporates many factors not considered by NPRM. Net Premium Reserve Method (NPRM). The current formula reflects an almost 150-year-old method originally designed for whole life insurance policies. Whole life policies have no termination date and are intended to remain in effect until the death of the insured and payment of the death benefit. The Net Premium Reserve Method (NPRM) is prescribed by law utilizing an inflexible formula and operates on standardized assumptions, such as life expectancies established by mortality tables and anticipated investment income determined by interest rates established in statute. Any factual input is based on data collected across the life insurance industry and may not reflect the actual experience of the insurer. The NPRM does not account for random fluctuations. NPRM has worked well for traditional life products intended to be held for the insured's entire life and have relatively simple terms. However, life insurers offer a variety of life insurance products that involve a variety of complexity and different risks. For example, term life insurance policies expire after a specified period and appeal to consumers who are more likely to give up the policy as they get older; they also cost less for the same death benefit because they pose less risk of loss to the insurer. Insurers argue that the NPRM does not adequately account for specific liabilities of different products resulting in excessive reserving for some and under-reserving for others. NPRM may limit insurer's options for designing more complex products. Additionally, the potential for over-reserving caused by the NPRM encourages some insurers to engage in creative accounting practices that take advantage of weaknesses in the interstate insurance regulatory system. The NAIC white paper, titled Captives and Special Purpose Vehicles, describes how some life insurers use captive SB 696 (Roth) Page 7 of ? reinsurers domiciled in other states or countries to avoid "perceived reserving redundancies." This technique is a form of creative accounting permitting an insurer to set aside fewer reserves by shifting some risk to a wholly-owned subsidiary subject to weaker regulatory standards. The white paper suggests that PBR will make the use of a captive, which is an additional operating expenses, less attractive for policies issued once PBR is implemented. Principle-Based Reserving. Under PBR, the insurer proposes a valuation method based on its experience with that product and other factors specific to the product and insurer. PBR requires insurers to submit to regulators detailed modelling and analysis specific to that product; the insurer proposes its own reserve requirements for evaluation by the regulator. Unlike the current NPRM, PBR incorporates "stochastic" modeling for many types of policies that incorporates random variations observed in historical data. To develop this model, insurers must run a large number of simulations (in contrast to NPRM that involves plugging in standard assumptions into a formula). PBR allows the insurer to use its own data on mortality and policyholder behavior if it can prove that the data is credible. The PBR method is structured according to a detailed manual, called the Valuation Manual (VM). The VM contains the details, rules and standards that the insurer must follow. The VM incorporates a review and updating process to ensure ongoing evaluation of the effectiveness of the PBR methodology. Once the modeling is complete, insurers would be required to hold the higher of (1) a baseline reserve similar to the current NPRM that applies to a product or type of product prescribed by the VM or (2) the reserve calculated according to insurer's model. By incorporating variables that NPRM misses, PBR is supposed to provide greater flexibility to design less conventional products. According to the NAIC, PBR is a critical element SB 696 (Roth) Page 8 of ? to paving the way for new multi-benefit products that can be more flexible and valuable to consumers, including life insurance policies that can convert to annuities upon retirement, products that could cover an entire family for life insurance, or that could provide life insurance protection for one person while simultaneously providing retirement income to a parent or to pay for home or nursing home care. The IC must review these figures, models, data, and assumptions for approval. The individualistic PBR approach is much more labor intensive for the regulator. This bill provides for an assessment (capped according to the insurer's volume of business) on each participating insurer to offset CDI's costs related to the workload resulting from the transition to PBR. The assessment begins immediately, even though full implementation of PBR will not occur for several years, in order to give CDI the resources to build the staff and infrastructure needed to conduct thorough examinations. SB 696 also empowers the IC to hire independent actuaries for additional analysis (at the insurer's expense), requires insurers to change assumptions or methods not consistent with the VM or the Standard Valuation Law, and establishes specific valuation requirements when needed. Two studies examined the potential impacts of PBR on variety of products and both suggest similar results. Both studies are based on a prior version of the VM; according to the Association of California Life and Health Insurance Companies, while some additional edits have been made to refine and clarify the requirements, it is doubtful those changes had a material impact on the testing conclusions. The studies, Presentation and Analysis of Results of VM - 20 Impact Study on Principle - Based Reserves for Life Insurance Products (March 15, 2012) sponsored by the NAIC and VM-20 Impact Study Compendium (February 2012) sponsored by the American Council of Life Insurers, generally indicate that PBR would lower reserves for term life insurance, have mixed results for universal life insurance with secondary guarantees (ULSG), and would not affect many other types of products. (ULSG are sophisticated policies that provide the SB 696 (Roth) Page 9 of ? policyholder flexibility to adjust premium amount and frequency, as well as the death benefit, but also contain a lapse protection feature.) According to the NAIC's Impact Study, PBR would result in an initial decrease of total life insurance reserves of less than 5% because it would only apply to new business, but that reduction would grow as more policies become subject to the new reserving method. States would not implement PBR until at least 42 of the 55 jurisdictions of the U.S. (including Guam, U.S. Virgin Islands, etc.) representing 75% of total U.S. premium adopt the NAIC model. According to Pacific Life Insurance Company, 25 states have already adopted the model act. Once PBR reaches the threshold, the changes will be implemented over approximately three years and only for new business. New York will not implement PBR, but it has significantly lowered reserve requirements on some policies. Because of its market share, California's participation is essential for implementation of PBR nationally. PBR would require insurers to provide the IC with very sensitive and confidential information not required under the NPRM. With some exceptions, documents and information submitted under the PBR process would not be subject to subpoena, disclosure under the Public Records Act, the civil discovery process, and could not be admitted into evidence in a civil proceeding. However, these protections only apply to materials obtained by the IC and would not affect the ability of a litigant to obtain information or documents through other means. The bill has been double-referred to the Committee on Judiciary that will further consider these provisions. PBR significantly increases the expense to calculate reserves for insurers and CDI. Smaller insurers might not have the up-front resources to implement PBR as effectively as larger insurer potentially providing larger insurers a market advantage. The NAIC is currently considering exemptions for smaller companies to be incorporated into the VM, but recommends against incorporating exemptions into statute. SB 696 (Roth) Page 10 of ? 3. Support The Association of California Life and Health Insurance Companies and the American Council of Life Insurers state that PBR would provide a uniform approach to reserve calculations that more realistically reflects the risks, variables, and changes in consumer behavior that affect the value of cash reserve calculations. This in turn leads to more flexible product designs, greater consumer choice, and could improve pricing. 4. Opposition None received. POSITIONS Support Association of California Life & Health Insurance Companies (co-sponsor) California Department of Insurance (co-sponsor) American Council of Life Insurers Pacific Life Insurance Company United Services Automobile Association (USAA) Oppose None received. -- END --