20 CSR 200-1.116
Actuarial Opinion and Memorandum Regulation
PURPOSE: This rule prescribes: a) requirements for statements of actuarial opinion
which are to be submitted in accordance with
sections 376.370 and 376.380, RSMo, and 20
CSR 200-1.115 and for memoranda in support thereof; b) guidance as to the meaning of
“adequacy of reserves”; and c) rules applicable to the appointment of an appointed actuary.
(1) Scope. This rule shall apply to all life
insurance companies and fraternal benefit
societies doing business in this state and to all
life insurance companies and fraternal benefit societies which are authorized to reinsure
life insurance, annuities, or accident and
health insurance business in this state. This
regulation shall be applied in a manner that
allows the appointed actuary to utilize his or
her professional judgment in performing the
asset analysis and developing the actuarial
opinion and supporting memoranda, consistent with relevant actuarial standards of practice. However, the director shall have the
authority to specify methods of actuarial
analysis and actuarial assumptions when, in
the director’s judgment, these specifications
are necessary for an acceptable opinion to be
rendered relative to the adequacy of reserves
and related items. This rule shall be applicable to all annual statements filed with the
director after the effective date of this rule. A
statement of opinion on the adequacy of the
reserves and related actuarial items based on
an asset adequacy analysis in accordance with
section (4) of this rule, and a memorandum in
support thereof in accordance with section
(5) of this rule, shall be required each year.
(2) Definitions.
(A) “Actuarial opinion” means the opinion
of an appointed actuary regarding the adequacy of the reserves and related actuarial
items based on an asset adequacy analysis in
accordance with section (4) of this rule and
with applicable Actuarial Standards of
Practice.
(B) “Actuarial Standards Board” means the
board established by the American Academy
of Actuaries to develop and promulgate standards of actuarial practice.
(C) “Annual statement” means that statement required by sections 375.041 and
376.350, RSMo, to be filed by the company
with the director annually.
(D) “Appointed actuary” means an individual who is appointed or retained in accordance with the requirements set forth in subsection (3)(C) of this rule to provide the actuarial opinion and supporting memorandum as
required by 20 CSR 200-1.115 and section
376.380, RSMo.
(E) “Asset adequacy analysis” means an
analysis that meets the standards and other
requirements referred to in subsection (3)(D)
of this rule.
(F) “Company” means a life insurance
company, fraternal benefit society, or reinsurer subject to the provisions of this rule.
(G) “Director” means the director of the
Missouri Department of Commerce and
Insurance.
(H) “Qualified actuary” means an individual who meets the requirements set forth in
subsection (3)(B) of this rule.
(3) General Requirements.
(A) Submission of Statement of Actuarial
Opinion.
1. There is to be included on or attached
to page 1 of the annual statement for each
year beginning with the year in which this
rule becomes effective the statement of an
appointed actuary, entitled “Statement of
Actuarial Opinion,” setting forth an opinion
relating to reserves and related actuarial
items held in support of policies and contracts, in accordance with section (4) of this
rule.
2. Upon written request by the company,
the director may grant an extension of the
date for submission of the statement of actuarial opinion.
(B) Qualified actuary. A “qualified actuary” is an individual who—
1. Is a member of the American
Academy of Actuaries;
2. Is qualified to sign statements of actuarial opinion for life and health insurance
company annual statements in accordance
with the American Academy of Actuaries
qualification standards for actuaries signing
those statements;
3. Is familiar with the valuation requirements applicable to life and health insurance
companies;
4. Has not been found by the director
(or, if so found, has subsequently been reinstated as a qualified actuary), following
appropriate notice and hearing to have:
A. Violated any provision of, or any
obligation imposed by, the insurance law or
other law in the course of his/her dealings as
a qualified actuary;
B. Been found guilty of fraudulent or
dishonest practices;
C. Demonstrated his/her incompetency, lack of cooperation, or untrustworthiness
to act as a qualified actuary;
D. Submitted to the director during
the past five (5) years, pursuant to this rule,
an actuarial opinion or memorandum that the
director rejected because it did not meet the
provisions of this rule including standards set
by the Actuarial Standards Board; or
E. Resigned or been removed as an
actuary within the past five (5) years as a
result of acts or omissions indicated in any
adverse report on examination or as a result
of failure to adhere to generally acceptable
actuarial standards; and
5. Has not failed to notify the director of
any action taken by any director of any other
state similar to that under paragraph (3)(B)4.
(C) Appointed actuary. An appointed actuary is a qualified actuary who is appointed or
retained to prepare the Statement of Actuarial
Opinion required by this rule; either directly
or by the authority of the board of directors
through an executive officer of the company.
The company shall give the director timely
written notice of the name, title (and in the
case of a consulting actuary, the name of the
firm) and manner of appointment or retention
of each person appointed or retained by the
company as an appointed actuary and shall
state in that notice that the person meets the
requirements set forth in subsection (3)(B).
Once notice is furnished, no further notice is
required with respect to this person, provided
that the company shall give the director timely written notice in the event the actuary
ceases to be appointed or retained as an
appointed actuary or to meet the requirements set forth in subsection (3)(B). If any
person appointed or retained as an appointed
actuary replaces a previously appointed actuary, the notice shall so state and give the reasons for replacement.
(D) Standards for Asset Adequacy
Analysis. The asset adequacy analysis
required by this rule:
1. Shall conform to the Standards of
Practice as promulgated from time-to-time by
the Actuarial Standards Board and on any
additional standards under this rule, which
standards are to form the basis of the statement of actuarial opinion in accordance with
this rule; and
2. Shall be based on methods of analysis
as are deemed appropriate for such purposes
by the Actuarial Standards Board.
(E) Liabilities to Be Covered.
1. Under authority of 20 CSR 200-1.115
and sections 376.370 and 376.380, RSMo,
the statement of actuarial opinion shall apply
to all in force business on the statement date,
whether directly issued or assumed, regardless of when or where issued, for example,
reserves of Exhibits 8, 9, and 10, and claim
liabilities in Exhibit 11, Part 1 and equivalent
items in the separate account statement(s).
2. If the appointed actuary determines as
the result of asset adequacy analysis that a
reserve should be held in addition to the
aggregate reserve held by the company and
calculated in accordance with methods set
forth in sections 376.370 and 376.380,
RSMo, the company shall establish the additional reserve.
3. Additional reserves established under
paragraph (3)(E)2. and deemed not necessary
in subsequent years may be released. Any
amounts released must be disclosed in the
actuarial opinion for the applicable year. The
release of these reserves would not be
deemed an adoption of a lower standard of
valuation.
(4) Statement of Actuarial Opinion Based On
an Asset Adequacy Analysis.
(A) General Description. The statement of
actuarial opinion submitted in accordance
with this section shall consist of:
1. A paragraph identifying the appointed actuary and his/her qualifications (see
paragraph (4)(B)1.);
2. A scope paragraph identifying the
subjects on which an opinion is to be
expressed and describing the scope of the
appointed actuary’s work, including a tabulation delineating the reserves and related actuarial items which have been analyzed for
asset adequacy and the method of analysis,
(see paragraph (4)(B)2.) and identifying the
reserves and related actuarial items covered
by the opinion which have not been so analyzed;
3. A reliance paragraph describing those
areas, if any, where the appointed actuary has
deferred to other experts in developing data,
procedures, or assumptions (for example,
anticipated cash flows from currently owned
assets, including variation in cash flows
according to economic scenarios (see paragraph (4)(B)3.) supported by a statement of
each expert in the form prescribed by subsection (4)(E);
4. An opinion paragraph expressing the
appointed actuary’s opinion with respect to
the adequacy of the supporting assets to
mature
the
liabilities
(see
paragraph
(4)(B)6.); and
5. One (1) or more additional paragraphs will be needed in individual company
cases as follows:
A. If the appointed actuary considers
it necessary to state a qualification of his/her
opinion;
B. If the appointed actuary must disclose an inconsistency in the method of
analysis or basis of asset allocation used at
the prior opinion date with that used for this
opinion;
C. If the appointed actuary must disclose whether additional reserves of the prior
opinion date are released as of this opinion
date and the extent of the release; and
D. If the appointed actuary chooses to
add a paragraph briefly describing the
assumptions which form the basis for the
actuarial opinion.
(B) Recommended Language. The following paragraphs are to be included in the statement of actuarial opinion in accordance with
this section. Language is that which in typical circumstances should be included in a
statement of actuarial opinion. The language
may be modified as needed to meet the circumstances of a particular case, but the
appointed actuary should use language which
clearly expresses his/her professional judgment. However, in any event the opinion shall
retain all pertinent aspects of the language
provided in this section.
1. The opening paragraph should generally indicate the appointed actuary’s relationship to the company and his/her qualifications to sign the opinion. For a company
actuary, the opening paragraph of the actuarial opinion should include a statement such
as: “I, (name), am (title) of (insurance company name) and a member of the American
Academy of Actuaries. I was appointed by, or
by the authority of, the board of directors of
said insurer to render this opinion as stated in
the letter to the director dated (insert date). I
meet the Academy qualification standards for
rendering the opinion and am familiar with
the valuation requirements applicable to life
and health insurance companies.” For a consulting actuary, the opening paragraph should
contain a statement such as: “I, (name), a
member of the American Academy of
Actuaries, am associated with the firm of
(name of consulting firm). I have been
appointed by, or by the authority of, the board
of directors of (name of company) to render
this opinion as stated in the letter to the director dated (insert date). I meet the Academy
qualification standards for rendering this
opinion and am familiar with the valuation
requirements, relating to life and health companies.”
2. The scope paragraph should include a
statement such as: “I have examined the actuarial assumptions and actuarial methods used
in determining reserves and related actuarial
items listed below, as shown in the annual
statement of the company, as prepared for filing with state regulatory officials, as of
December 31, 20(__). Tabulated as follows
are those reserves and related actuarial items
which have been subjected to asset adequacy
analysis.”
3. If the appointed actuary has relied on
other experts to develop certain portions of
the analysis, the reliance paragraph should
include a statement such as:
“I have relied on (name), (title) for
(for example, anticipated cash flows from
currently owned assets, including variations
in cash flows according to economic scenarios) and, as certified in the attached statement
I have reviewed the information relied upon
for reasonableness.”
A statement of reliance on other
experts should be accompanied by a statement by each of these experts in the form prescribed by subsection (4)(E).
4. If the appointed actuary has examined
the underlying asset and liability records, the
reliance paragraph should include a statement
such as: “My examination included a review
of the actuarial assumptions and actuarial
methods and of the underlying basic asset and
liability records and tests of the actuarial calculations as I considered necessary. I also
reconciled the underlying basic asset and liability records to (exhibits and schedules listed as applicable) of the company’s current
annual statement.”
5. If the appointed actuary has not
examined the underlying records, but has
relied upon data (e.g., listings and summaries
of policies in force or asset records), prepared by the company, the reliance paragraph
should include a sentence such as: “In forming my opinion on (specify types of reserves),
I relied upon data prepared by (name and title
of company officer certifying in-force records
or other data) as certified in the attached
statements. I also reconciled that data to
(exhibits and schedules to be listed as applicable) of the company’s current annual statement. In other respects, my examination
included review of the actuarial assumptions
and actuarial methods and tests of the calculations I considered necessary.” This section
shall be accompanied by a statement by each
person relied upon in the form prescribed by
subsection (4)(E).
6. The opinion paragraph should include
a statement such as: “In my opinion the
reserves and related actuarial values concerning the statement items identified above:
A. “Are computed in accordance with
presently accepted actuarial standards consistently applied and are fairly stated, in accordance with sound actuarial principles;
B. “Are based on actuarial assumptions which produce reserves at least as great
as those called for in any contract provision
as to reserve basis and method, and are in
accordance with all other contract provisions;
C. “Meet the requirements of the
insurance law and regulation of the state of
(state of domicile) and are at least as great as
the minimum aggregate amounts required by
the state in which this statement is filed;
D. “Are computed on the basis of
assumptions consistent with those used in
computing the corresponding items in the
annual statement of the preceding year-end
(with any exceptions noted here);
E. “Include provision for all actuarial
reserves and related statement items which
ought to be established.
“The reserves and related items, when considered in light of the assets held by the company with respect to such 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, according to
presently accepted actuarial standards of
practice, for the anticipated cash flows
required by the contractual obligations and
related expenses of the company. (At the discretion of the director, this language may be
omitted for an opinion filed on behalf of a
company doing business only in this state and
in no other state.)
“The actuarial methods, considerations, and
analyses used in forming my opinion conform
to the appropriate Standards of Practice as
promulgated by the Actuarial Standards
Board, which standards form the basis of this
statement of opinion.
“This opinion is updated annually as required
by statute. To the best of my knowledge, there
have been no material changes from the
applicable date of the annual statement to the
date of the rendering of this opinion which
should be considered in reviewing this opinion”; or
“The following material change(s) which
occurred between the date of the statement
for which this opinion is applicable and the
date of this opinion should be considered in
reviewing this opinion: (Describe the
change(s).)” (Note: Choose one of the preceding two (2) paragraphs, whichever is
applicable.)
“The impact of unanticipated events subsequent to the date of this opinion is beyond the
scope of this opinion. The analysis of asset
adequacy portion of this opinion should be
viewed recognizing that the company’s future
experience may not follow all the assumptions used in the analysis.
____________________________________
(Signature of Appointed Actuary)
____________________________________
(Address of Appointed Actuary)
Reserves And Liabilities
Asset Adequacy Tested Amounts
Additional
Total
Formula
Actuarial
Analysis
Other
Amount
Reserves
Reserves (a)
Method (b)
Amount (1)+(2)+(3)
Statement Item (c)
(1)
(2)
(3)
(4)
TOTAL RESERVES
___________
_____________
______________
____________
IMR (Page _____ Line _____)
___________
AVR (Page _____ Line _____)
___________ (d)
(a) The additional actuarial reserves are the reserves established under paragraph (3)(E)2.
(b) The appointed actuary should indicate the method of analysis, determined in accordance with the standards for asset adequacy
analysis referred to in subsection (3)(D) of this regulation, by means of symbols which should be defined in footnotes to the table.
(c) Statement Items should describe lines of business subjected to asset adequacy analysis and contain appropriate references to the exhibits,
pages, and lines of the insurer’s annual statement filed with the director to which the amounts listed reconcile.
(d) Allocated amount of Asset Valuation Reserve (AVR).
____________________________________
(Telephone Number of Appointed Actuary)
____________________________________
(Date)”
(C) Assumptions for New Issues. The
adoption for new issues or new claims or
other new liabilities of an actuarial assumption which differs from a corresponding
assumption used for prior new issues or new
claims or other new liabilities is not a change
in actuarial assumptions within the meaning
of this section.
(D) Adverse Opinions. If the appointed
actuary is unable to form an opinion, then
s/he shall refuse to issue a statement of actuarial opinion. If the appointed actuary’s opinion is adverse or qualified, then s/he shall
issue an adverse or qualified actuarial opinion explicitly stating the reason(s) for that
opinion. This statement should follow the
scope paragraph and precede the opinion
paragraph.
(E) Reliance on Information Furnished by
Other Persons. If the appointed actuary relies
on the certification of others on matters concerning the accuracy or completeness of any
data underlying the actuarial opinion, or the
appropriateness of any other information
used by the appointed actuary in forming the
actuarial opinion, the actuarial opinion
should so indicate the persons the actuary is
relying upon and a precise identification of
the items subject to reliance. In addition, the
persons on whom the appointed actuary relies
shall provide a certification that precisely
identifies the items on which the person is
providing information and a statement as to
the accuracy, completeness, or reasonableness, as applicable, of the items. This certification shall include the signature, title, company, address, and telephone number of the
person rendering the certification, as well as
the date on which it is signed.
(F) Alternate Option.
1. Section 376.380.4(4)(d), RSMo
2000, gives the director broad authority to
accept the valuation of a foreign insurer when
that valuation meets the requirements applicable to a company domiciled in this state in
the aggregate. As an alternative to the
requirements of subparagraph (4)(B)6.C., the
director may make one (1) or more of the following additional approaches available to the
opining actuary:
A. A statement that the reserves
“meet the requirements of the insurance laws
and regulations of the state of (state of domicile) and the formal written standards and
conditions of this state for filing an opinion
based on the law of the state of domicile.” If
the director chooses to allow this alternative,
a formal written list of standards and conditions shall be made available. If a company
chooses to use this alternative, the standards
and conditions in effect on July 1 of a calendar year shall apply to statements for that calendar year, and they shall remain in effect
until they are revised or revoked. If no list is
available, this alternative is not available;
B. A statement that the reserves
“meet the requirements of the insurance laws
and regulations of the state of (state of domicile) and I have verified that the company’s
request to file an opinion based on the law of
the state of domicile has been approved and
that any conditions required by the director
for approval of that request have been met.”
If the director chooses to allow this alternative, a formal written statement of such
allowance shall be issued no later than March
31 of the year it is first effective. It shall
remain valid until rescinded or modified by
the director. The rescission or modifications
shall be issued no later than March 31 of the
year they are first effective. Subsequent to
that statement being issued, if a company
chooses to use this alternative, the company
shall file a request to do so, along with justification for its use, no later than April 30 of
the year of the opinion to be filed. The
request shall be deemed approved on October
1 of that year if the director has not denied
the request by that date; and/or
C. A statement that the reserves
“meet the requirements of the insurance laws
and regulations of the state of (state of domicile) and I have submitted the required comparison as specified by this state.”
(I) If the director chooses to allow
this alternative, a formal written list of products (to be added to the table in Part (II)
below) for which the required comparison
shall be provided will be published. If a company chooses to use this alternative, the list in
effect on July 1 of a calendar year shall apply
to statements for that calendar year, and it
shall remain in effect until it is revised or
revoked. If no list is available, this alternative
is not available.
(II) If a company desires to use this
alternative, the appointed actuary shall provide a comparison of the gross nationwide
reserves held to the gross nationwide reserves
that
would
be
held
under
National
Association of Insurance Commissioners
(NAIC) codification standards. Gross nationwide reserves are the total reserves calculated for the total company in force business
directly sold and assumed, indifferent to the
state in which the risk resides, without reduction for reinsurance ceded. The information
provided shall be at least:
(III) The information listed shall
include all products identified by either the
state of filing or any other states subscribing
to this alternative.
(IV) If there is no codification standard for the type of product or risk in force
or if the codification standard does not directly address the type of product or risk in force,
the appointed actuary shall provide detailed
disclosure of the specific method and
assumptions used in determining the reserves
held.
(V) The comparison provided by
the company is to be kept confidential to the
same extent and under the same conditions as
the actuarial memorandum.
2. Notwithstanding the above, the director may reject an opinion based on the laws
and regulations of the state of domicile and
require an opinion based on the laws of this
state. If a company is unable to provide the
opinion within sixty (60) days of the request
or such other period of time determined by
the director after consultation with the company, the director may contract with an independent actuary at the company’s expense to
prepare and file the opinion.
(5) Description of Actuarial Memorandum
Including an Asset Adequacy Analysis and
Regulator Asset Adequacy Issues Summary.
(A) General.
1. In accordance with 20 CSR 2001.115 and sections 376.370 and 376.380,
RSMo, the appointed actuary shall prepare a
memorandum to the company describing the
analysis done in support of his/her opinion
regarding the reserves. The memorandum
shall be made available for examination by
the director upon his/her request but shall be
returned to the company after such examination and shall not be considered a record of
the insurance department or subject to automatic filing with the director.
2. In preparing the memorandum, the
appointed actuary may rely on, and include
as a part of his/her own memorandum, memoranda prepared and signed by other actuaries who are qualified within the meaning of
subsection (3)(B) of this rule, with respect to
the areas covered in such memoranda, and so
state in their memoranda.
3. If the director requests a memorandum and no memorandum exists or if the
director finds that the analysis described in
the memorandum fails to meet the standards
of the Actuarial Standards Board or the standards and requirements of this rule, the director may designate a qualified actuary to
review the opinion and prepare the supporting memorandum as is required for review.
The reasonable and necessary expense of the
independent review shall be paid by the company but shall be directed and controlled by
the director.
4. The reviewing actuary shall have the
same status as an examiner for purposes of
obtaining data from the company and the
work papers and documentation of the
reviewing actuary shall be retained by the
director; provided, however, that any information provided by the company to the
reviewing actuary and included in the work
papers shall be considered as material provided by the company to the director and
shall be kept confidential to the same extent
as is prescribed by law with respect to other
material provided by the company to the
director pursuant to the statute governing this
rule. The reviewing actuary shall not be an
employee of a consulting firm involved with
the preparation of any prior memorandum or
opinion for the insurer pursuant to this rule
for any one (1) of the current year or the preceding three (3) years.
5. In accordance with 20 CSR 2001.115 and section 376.380, RSMo, the
appointed actuary shall prepare a regulatory
asset adequacy issues summary, the contents
of which are specified in subsection (5)(C).
The regulatory asset adequacy issues summary will be submitted no later than March 15
of the year following the year for which a
statement of actuarial opinion based on asset
adequacy is required. The regulatory asset
adequacy issues summary is to be kept confidential to the same extent and under the same
conditions as the actuarial memorandum.
(B) Details of the Memorandum Section
Documenting Asset Adequacy Analysis.
When an actuarial opinion is provided, the
memorandum shall demonstrate that the
analysis has been done in accordance with the
standards for asset adequacy referred to in
subsection (3)(D) of this rule and any additional standards under this rule. It shall specify—
1. For reserves—
A. Product descriptions including
market description, underwriting, and other
aspects of a risk profile and the specific risks
the appointed actuary deems significant;
B. Source of liability in force;
C. Reserve method and basis;
D. Investment reserves;
E. Reinsurance arrangements;
F. Identification of any explicit or
implied guarantees made by the general
account in support of benefits provided
through a separate account or under a separate account policy or contract and the methods used by the appointed actuary to provide
for the guarantees in the asset adequacy
analysis; and
G. Documentation of assumptions to
test reserves for the following:
(I) Lapse rates (both base and
excess);
(II) Interest crediting rate strategy;
(III) Mortality;
(IV) Policyholder dividend strategy;
(V) Competitor or market interest
rate;
(VI) Annuitization rates;
(VII) Commissions and expenses;
and
(VIII) Morbidity;
2. For assets—
A. Portfolio descriptions, including a
risk profile disclosing the quality, distribution, and types of assets;
B. Investment and disinvestment
assumptions;
C. Source of asset data;
D. Asset valuation bases; and
E. Documentation of assumptions
made for:
(I) Default costs;
(II) Bond call function;
(1)
Product Type
(2)
Death
Benefit
or
Account
Value
(3)
Reserves Held
(4)
Codification
Reserves
(5)
Codification
Standard
(III) Mortgage prepayment function;
(IV) Determining market value for
assets sold due to disinvestment strategy; and
(V) Determining yield on assets
acquired through the investment strategy. The
documentation of the assumptions shall be
such that an actuary reviewing the actuarial
memorandum could form a conclusion as to
the reasonableness of the assumptions;
3. For the analysis basis—
A. Methodology;
B. Rationale for inclusion/exclusion
of different blocks of business and how pertinent risks were analyzed;
C. Rationale for degree of rigor in
analyzing different blocks of business
(include in the rationale the level of materiality that was used in determining how rigorously to analyze different blocks of business);
D. Criteria for determining asset adequacy (include in the criteria the precise basis
for determining if assets are adequate to
cover reserves under moderately adverse conditions or other conditions as specified in relevant actuarial standards of practice); and
E. Whether the impact of federal
income taxes was considered, and the method
of treating reinsurance in the asset adequacy
analysis;
4. Summary of material changes in
methods, procedures, or assumptions from
prior year’s asset adequacy analysis;
5. Summary of results; and
6. Conclusion(s).
(C) Details of the Regulatory Asset
Adequacy Issues Summary.
1. The regulatory asset adequacy issues
summary shall include:
A. Descriptions of the scenarios tested (including whether those scenarios are stochastic or deterministic) and the sensitivity
testing done relative to those scenarios. If
negative ending surplus results under certain
tests in the aggregate, the actuary should
describe those tests and the amount of additional reserve as of the valuation date which,
if held, would eliminate the negative aggregate surplus values. Ending surplus values
shall be determined by either extending the
projection period until the in force and associated assets and liabilities at the end of the
projection period are immaterial or by adjusting the surplus amount at the end of the projection period by an amount that appropriately estimates the value that can reasonably be
expected to arise from the assets and liabilities remaining in force;
B. The extent to which the appointed
actuary uses assumptions in the asset adequacy analysis that are materially different than
the assumptions used in the previous asset
adequacy analysis;
C. The amount of reserves and the
identity of the product lines that had been
subjected to asset adequacy analysis in the
prior opinion but were not subject to analysis
for the current opinion;
D. Comments on any interim results
that may be of significant concern to the
appointed actuary;
E. The methods used by the actuary
to recognize the impact of reinsurance on the
company’s cash flows, including both assets
and liabilities, under each of the scenarios
tested; and
F. Whether the actuary has been satisfied that all options whether explicit or
embedded, in any asset or liability (including, but not limited to, those affecting cash
flows embedded in fixed income securities)
and equity-like features in any investments
have been appropriately considered in the
asset adequacy analysis.
2. The regulatory asset adequacy issues
summary shall contain the name of the company for which the regulatory asset adequacy
issues summary is being supplied and shall be
signed and dated by the appointed actuary
rendering the actuarial opinion.
(D) Conformity to Standards of Practice.
The memorandum shall include a statement:
“Actuarial methods, considerations and
analyses used in the preparation of this memorandum conform to the appropriate
Standards of Practice as promulgated by the
Actuarial Standards Board, which standards
form the basis for this memorandum.”
(E) Use of Assets Supporting the Interest
Maintenance Reserve and the Asset Valuation
Reserve. An appropriate allocation of assets
in the amount of the interest maintenance
reserve (IMR), whether positive or negative,
shall be used in any asset adequacy analysis.
Analysis of risks regarding asset default may
include an appropriate allocation of assets
supporting the asset valuation reserve (AVR);
these AVR assets may not be applied for any
other risks with respect to reserve adequacy.
Analysis of these and other risks may include
assets supporting other mandatory or voluntary reserves available to the extent not used
for risk analysis and reserve support. The
amount of the assets used for the AVR must
be disclosed in the Table of Reserves and
Liabilities of the opinion and in the memorandum. The method used for selecting particular assets or allocated portions of assets
must be disclosed in the memorandum.
(F) Documentation. The appointed actuary
shall retain on file, for at least seven (7)
years, sufficient documentation so that it will
be possible to determine the procedures followed, the analyses performed, the bases for
assumptions and the results obtained.
AUTHORITY: sections 376.370 and 376.380,
RSMo 2000 and section 374.045, RSMo
Supp. 2008.* Original rule filed Dec. 28,
1992, effective Sept. 9, 1993. Amended:
Filed Oct. 30, 2008, effective May 30, 2009.
Non-substantive change filed Sept. 11, 2019,
published Oct. 31, 2019.
*Original authority: 374.045 RSMo 1967, amended 1993,
1995, 2008; 376.370, RSMo 1939, amended 1943, 1947,
1961, 1993; and 376.380, RSMo 1939, amended 1943,
1947, 1959, 1961, 1965, 1971, 1975, 1979, 1982, 1993.