Maximum Reserve Valuation and Maximum Life Policy Nonforfeiture Interest Rates under Sections 4217, 4218, 4221(k) of The New York Insurance Law, as amended in 1982, 1983,1985, 1986, 1987, 1988 and 1990.

August 11, 1992 SUBJECT: INSURANCE Circular Letter No. 12 (1992) WITHDRAWN TO: ALL AUTHORIZED LIFE INSURANCE COMPANIES, ACCREDITED LIFE REINSURERS, FRATERNAL BENEFIT SOCIETIES AND CHARITABLE ANNUITY SOCIETIES ATTN: CHIEF ACTUARY OR CONSULTING ACTUARY, OR CHIEF FINANCIAL OFFICER SUBJECT: MAXIMUM RESERVE VALUATION AND MAXIMUM LIFE POLICY NONFORFEITURE INTEREST RATES UNDER SECTIONS 4217, 4218 AND 4221(k) OF THE NEW YORK INSURANCE LAWS, AS AMENDED IN 1982, 1983, 1985, 1986, 1987, 1988, AND 1990 Attached hereto is an outline, providing maximum reserve valuation and maximum life policy nonforfeiture interest rates for new issues, new purchases or changes in fund (as defined) for years 1982 through 1992 (and other years where shown), under Sections 4217, 4218 and 4221(k) of the New York Insurance Laws, as amended in 1982, 1983, 1985, 1986, 1987, 1988, and 1990. This Circular Letter is for informational purposes, as an aid in complying with the law. Should any person have any question or comment, in regard to this matter, please contact Mr. Robert Priest (518-474-4244) or Mr. William Carmel l: (518-486-1804) of the Actuarial Valuation Bureau. This letter is being sent to the Chief Actuary, or absent such, to the Chief Financial Officer. Very truly yours, [SIGNATURE] Salvatore R. Curiale Superintendent of Insurance MAXIMUM VALUATION AND NONFORFEITURE INTEREST RATES UNDER SECTIONS 4217. 4218 and 4221(k) OF THE NEW YORK INSURANCE LAWS The maximum valuation and nonforfeiture interest rates, prescribed by Sections 4217 and 4221(k) of the New York Insurance Laws for future years, will vary from year to year depending on Moody's corporate bond yield averages. The maximum valuation interest rates for issues, purchases and changes-in-fund of years 1982 through 1992 (and other years where shown) are outlined below. The maximum valuation and nonforfeiture interest rates for Ordinary Life Insurance are shown in A on page 2, except for Single Premium Life Insurance (of the kind referred to in Section 4217(c)(4)(B)(vi) as amended by Chapter 302 of the laws of 1987) the maximum valuation interest rates for which are shown in B on page 3. This Circular Letter is for informational purposes, as an aid in complying with the law. A. ORDINARY LIFE INSURANCE (Except as covered in B on page 3) ***Maximum Maximum *Issue Reserve Valuation Nonforfeiture Year **Guarantee Duration Interest Rate Interest Rate #1980 1958 CSO CSO 1979-1990 See Prior Circular Letter No. 8 (1990) 1991 10 Years or less 6.00% 7.50% ### More than 10 years, up to 20 6.00 7.50 ### More than 20 years 5.50 7.00 ### 1992. 10 Years or less 6.00% 7.50% # More than 10 years, up to 20 6.00 7.50 # More than 20 years 5.50 7.00 # 1993 10 Years or less 6.00% 7.50% # More than 10 years, up to 20 6.00 7.50 # More than 20 years 5.00 ## 6.25 # * See the paragraph at the top of page 11. ** The guarantee duration is the maximum number of years the life insurance can remain in force on a basis guaranteed in the policy. *** The maximum reserve valuation interest rate will be the lesser of the rate as determined from the above table and the rate actually used in determining cash values. This appears to basic reserves under Section 4217, not to the minimum reserve test under Sect. 4218 # Applicable on or after the operative date elected under Section 4221 (k)(12). (See the top paragraph on page 10). These rates do not apply to policies issued pursuant to Section 4221(n-1). ## In accordance with Section 4221(k)(9)(B)(i) of the New York Insurance Laws, the nonforfeiture interest rate used for a particular issue year may not exceed the higher of the applicable maximum nonforfeiture interest rate for such particular issue year and that for the immediately preceding issue year (e.g. 1987 issues may use the rate for 1986, 1988 issues may use the rate for 1987). ### See the paragraph at the top of page 11. As of January 1, 1989, the 1980 CSO rate must be used for all new business. B. Single Premium Life Insurance of the kind referred to in Section 4217(c)(4)(B)(vi) of the New York Insurance Laws (as amended by Chapter 302 of the laws of 1987).# ##Maximum *Year **Guarantee Duration Reserve Valuation Interest Rate Issue Year Change-In-Fund Basis Basis Without With Without With AO&M AO&M AO&M AO&M *** **** *** **** 1982 - 1990 See Prior Circular Letter No.8 (1990) 1991 10 years or less 6.50% 6.75% 6.75% 7.00% More than 10 yrs, 6.25 6.25 6.50 6.75 up to 20. More than 20 years 5.50 5.50 5.75 6.00 1992 10 years or less 6.25% 6.25% 6.50% 6.50% More than 10 yrs, 6.00 6.00 6.25 6.25 up to 20 More than 20. years 5.25 5.25 5.75 5.75 * See the paragraph at the top of page 11. ** The guarantee duration is the number of years for which interest rates provided in, or declared pursuant to, a single premium life insurance policy of the kind referred to in Section 4217(c)(4)(B)(vi) are guaranteed to exceed the greater of (1) 6% and (2) the calendar year statutory valuation interest rate for life insurance policies (other than such single premium. policy) with guarantee durations in excess of 20 years. *** Without an, acceptable actuarial opinion and memorandum (using life insurance formula). Additional restrictions may apply by Regulation. **** May be used only with an acceptable actuarial opinion and memorandum (using annuity formula). # Said Chapter 302 amendment became effective, on a mandatory basis, on January 1, 1989. Any company could have filed a written notice of prior election. ## See paragraph on reserves for these special single premium life insurance policies on page 11. Also see paragraph at bottom of page 4. C. Single Premium Immediate Annuities and annuity benefits arising from life insurance policies and annuity and guaranteed interest contracts with cash settlement options. Maximum Reserve Valuation Interest Rate Issues of or Without Acceptable With Acceptable Purchases Actuarial Opinion Actuarial Opinion During and Memorandum# and Memorandum# (Using Life Insurance Formula) (Using Annuity Formula) 1982 10.50% 13.25% 1983. 9.50 11.25 1984 9.50 11.25 1985 9.50 11.00 1986 8.50 9.25 1987 8.00 8.00 1988 8.25 8.75 1989 8.25 8.75 1990 8.00 8.25 1991 8.00 8.25 1992 7.75 7.75 # The actuarial opinion and memorandum, referred to in C, D, E, F, G and H herein, are as required by Section 4217(c)(4)(B)(vi) of the New York Insurance Laws. The above valuation interest rates, under the heading "With Acceptable Actuarial Opinion and Memorandum", may be used only with an acceptable actuarial opinion and memorandum. Additional restrictions apply, under Regulation 126, where an acceptable actuarial opinion and memorandum have not been filed. Section 95.8(e) of Regulation 126 requires, for 1989 and later year-ends, that an actuarial opinion and memorandum be filed, with respect to all issues of annuities, annuity benefits and guaranteed interest contracts, and with respect to all issues of single premium life insurance of the kind referred to in Section 4217(c)(4)(B)(vi). Regulation 126 specifies the minimum reserves to be held where an acceptable actuarial opinion and memorandum have not been filed for such business. D. Other Annuities and Guaranteed Interest Contracts, with cash settlement options and with interest rate guarantees on future considerations, valued on the "Issue Year" basis. Maximum Reserve Valuation Interest Rate Without Acceptable Actuarial Opinion and Memorandum# (Using Life Insurance Formula) Issue Year Guarantee Duration## A B C 1982 - 1990 See Prior Circular Letter No. 8 (1990) 1991 5 years or less 8.00% 6.75% 6.25% More than 5 yrs, up to 10 7.75 6.75 6.25 More than 10 yrs, up to. 20 7.00 6.25 5.75 More than 20 years 5.75 5.25 5.25 1992 5 years or less 7.75% 6.50% 6.00% More than 5 yrs, up to, 10 7.50 6.50 6.00 More than 10 yrs, up to 20 6.75 6.00 5.75 More than 20 years 5.75 5.00 5.00 # See requirements for actuarial opinion, and memorandum in footnote on page 4. Additional restrictions apply, under Regulation 126, where an acceptable actuarial opinion and memorandum have not been filed. ## See definition of guarantee duration for Categories D, E, G and H on page 10. * See descriptions of plan types on page 10. Maximum Reserve Valuation Interest Rate * Plan Type With Acceptable Actuarial Opinion and Memorandum# (Using Annuity Formula) * Plan Type Issue Year A B C 1982 - 1990 See Prior Circular Letter No. 8 (1990) 1991 8.25% 7.00% 6.25% 8.00 7.00 6.25 7.00 6.25 5.75 5.75 5.25 5.25 1992 7.75% 6.50% 6.00% 7.50 " 6.50 6.00 6.75 6.00 5.75 5.75 5.00 5.00 E. Other Annuities and Guaranteed Interest Contracts, with cash settlement options but without interest rate guarantees on future considerations, valued on the "Issue Year" basis. Maximum Reserve Valuation Interest Rate Without Acceptable Actuarial Opinion and Memorandum# (Using Life Insurance Formula) * Plan Type Issue Year Guarantee Duration## A B C 1982 - 1990 See Prior Circular Letter No. 8 (1990) 1991 5 years or less 8.25 7.00% 6.50% More than 5 yrs, up to 10 8.00 7.00 6.50 More than 10 yrs, up to 20 7.50 6.50 6.25 More than 20 years 6.25 5.50 5.50 1992 5 years or less 8.00 6.75% 6.251% More than 5 yrs, up to 10 7.75 6.75 6.25 More than 10 yrs, up to 20 7.00 6.25 6.00 More than 20 years 6.00 5.25 5.25 # See requirements for actuarial opinion and memorandum in footnote on page 4. Additional restrictions apply, under Regulation 126, where an acceptable actuarial opinion and memorandum have not been filed. ## See definition of guarantee duration for Categories D, E, G and H on page 10. * See descriptions of plan types on page 10. Maximum Reserve Valuation Interest Rate With Acceptable Actuarial Opinion and Memorandum# (Using Annuity Formula) * Plan Type Issue Year A B C 1982 - 1990 See Prior Circular Letter No. 8 (1990) 1991 8.75% 7.25% 6.751. 8.25 7.25 6.75 7.50 6.50 6.25 6.25 5.50 5.50 1992 8.00% 6.75% 6.25% 7.75 6.75 6.25 7.00 6.25 6.00 6.00 5.25 5.25 F. Other Annuities and Guaranteed Interest Contracts, without cash settlement options, valued on the "Issue Year" basis. Maximum Reserve Valuation Interest Rate $ Without Acceptable With Acceptable $ Actuarial Opinion Actuarial Opinion $ and Memorandum# and Memorandum# $ (Using Life (Using Annuity $ Insurance Formula) Formula) $ *Plan Type *Plan Type Issue Year Guarantee Duration** A A 1982 - 1990 See Prior Circular Letter No. 8 (1990) 1991 5 years or less 8.0076 8.25% More than 5 yrs, up to 10 7.75 8.00 More than 10 yrs, up to 20 7.00 7.25 More than 20 years 5.75 6.00 1992 5 years or less 7.75% 7.75% More than 5 yrs, up to,10 7.50 7.50 More than 10 yrs, up to.20 6.75 6.75 More than 20 years 5.75 5.75 # See requirements for actuarial opinion and memorandum in footnote on page 4. Additional restrictions apply, under Regulation 126, where an acceptable actuarial opinion and memorandum have not been filed. * See descriptions of plan types on page 10. ** The guarantee duration, for other annuities and guaranteed interest contracts without cash settlement options, is the number of years from the date of issue or date of purchase to the date annuity benefits are scheduled to commence. G. Other Annuities and Guaranteed Interest Contracts, with cash settlement options and with interest rate guarantees on future considerations, valued on the "Change in Fund" basis. Maximum Reserve Valuation Interest Rate Without Acceptable With Acceptable Actuarial Opinion Actuarial Opinion end Memorandum # and Memorandum # (Using Life (Using Annuity Insurance Formula) Formula) Change in Fund * Plan Type * Plan Type During Year Guarantee Duration## A B C A B C 1982 - 1990 See Prior Circular Letter No. 8 (1990) 1991 5 years or less 9.00% 8.25% 6.50% 9.25% 8.75% 6.75% More than 5 yrs, up to 10 8.75 8.25 6.50 9.00 8.75 6.75 More than 10 yrs, up to 20 8.00 7.75 6.25 8.25 8.00 6.25 More than 20 years 6.75 6.75 5.50 7.00 7.00 5.75 1992 5 years or less 8.50% 8.00% 6.25% 8.50% 8.00% 6.25% More than 5 yrs, up to 10 8.25 8.00 6.25 8.25 8.00 6.25 More than 10 yrs, up to 20 7.75 7.50 6.00 7.75 7.50 6.00 More than 20 years 6.50 6.50 5.25 6.50 6.50 5.25 #See requirements for actuarial opinion and memorandum in footnote on page 4. Additional restrictions apply, under Regulation 126, where an acceptable actuarial opinion and memorandum have not been filed. ##See definition of guarantee duration for Categories D,, G and H on page 10. *See descriptions of plan types on page 10. H. Other Annuities and guaranteed interest contracts, with cash settlement options but without interest rate guarantees on future considerations, valued on the "Change in fund" basis. Maximum Reserve Valuation Interest Rate Without With Acceptable Acceptable Actuarial Actuarial Opinion Opinion and and Memorandum # and Memorandum # (Using Life (Using Annuity Insurance Formula) Formula) Change in Fund * Plan Type J*3** Plan Type During Year Guarantee Duration## A B 1982 - 1990 See Prior Circular Letter. No. 8 (1990) 1991 5 years or less 9.25% 8.75% 6.75% 9.75% 9.00% 7.00% More than 5 yrs, up to 10 9.00 8.75 6.75 9.25 9.00 7.00 More than 10 yrs, up to 20 8.25 8.00 6.50 8.75 8.25 6.75 More than 20 years 7.00 7.00 5.75 7.25 7.25 6.00 1992 5 years or less. 9.00% 8.25% 6.50% 9.00% 8.25% 6.50% More than 5 yrs, up to 10 8.50 8.25 6.50 8.50 8.25 6.50 More than 10,yrs, up to 20 8.00 7.75 6.25 8.00 7.75 6.25 More than 20 years 6.75 6.75, 5.75 6.75 6.75 5.75 #See requirements for actuarial opinion and memorandum in footnote on page 4. Additional restrictions apply, under Regulation 126, where an acceptable actuarial opinion and memorandum have not been filed. ##See definition of guarantee duration for Categories D, E, G and H on page 10. *See descriptions of plan types on page, 10. Said Section 4221(k)(12) was amended by Chapter 81 of the Laws of 1983 to permit a company to elect to comply with the new provisions of Section 4221 on a plan-by-plan basis, with the proviso that the entire portfolio must be converted to the new provisions on or before January 1 of the third calendar, year following the calendar year of compliance for the first plan so converted, but not, in any event, later than January 1, 1989. Plan types, as used in the above tables, are defined as follows: Plan Type A: The policyholder may withdraw funds only (1) with an adjustment to reflect changes in interest rates or asset values since receipt of the funds by the insurance company, or (2) without such adjustment but in installments over five years or more, or (3) as an immediate life annuity. Plan Type B: The policyholder may not withdraw funds before the expiration of the interest rate guarantee or, if withdrawals are permitted before the expiration of such guarantee, may withdraw funds only (1) with an adjustment to reflect changes in interest rates or asset values since receipt of the funds by the insurance company, or (2) without such adjustment but in installments over five years or more. At the end of the interest rate guarantee, funds may be withdrawn without such adjustment in a single sum or in installments over less than five years. Plan Type C: The policyholder may withdraw funds before the expiration of the 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. (The most popular plan type, in the group annuity area, for current issues, is plan type B; while, the most popular plan type, in the individual annuity area, for current issues, is plan type C.) The guarantee duration, for other annuities and guaranteed interest contracts with cash settlement options, generally 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 (covered in A on page 2) with guarantee durations of more than twenty years (See D, E, G and H herein). The Guarantee duration, for other annuities and guaranteed interest contracts without cash settlement options, is the number of years from the date of issue or date of purchase to the date annuity benefits are scheduled to commence. Other annuities and guaranteed interest contracts, without cash settlement options, may be valued only on an "Issue Year" basis. For structured settlement annuities with lump-sum payments, see Section 95.12 of Regulation 126. The maximum reserve valuation interest rates, for annuities and guaranteed interest contracts and for single premium life insurance policies of the kind referred to in Section 4217(c)(4)(B)(vi), are based on Moody's Corporate Bond Yield Averages for a one or three year period ending in June of the year of issue, purchase or change in fund. Consequently, we are not able to compute rates applicable to 1993 at this time. The attached Appendix describes the method of calculating the maximum reserve valuation interest rates, in accordance with the specifications of Section 4217 of the New York Insurance Laws, as amended. Section 4217, as amended by Chapter 749 of the Laws of 1983, permits the dynamic interest rates (under the 1982 amendments) to be used for issues of January 1, 1982 and irrespective of a company's election or non-election under Section 4221 (k)(12). Thus, the new dynamic interest rates may be used either with 1958 CSO issues of January 1, 1982 through December 31, 1988 or with 1980 CSO issues of January 1, 1982 and later, for valuation purposes. The reserve for a Single Premium Life Insurance policy, of the kind referred to in Section 4217(c)(4)(B)(vi), of the New York Insurance Laws (as amended by Chapter 302 of the laws of 1987), must not be less than its cash value. Section 95.14 of Regulation 126 limits the applicable duration of maximum reserve valuation interest rates specified in B on page 3. APPENDIX To Circular Letter Number 12 (1992) The maximum reserve valuation interest rates are based on reference interest rates, with averages of corporate bond earnings published by Moody's Investors Service, Inc., and weighting factors prescribed by Section 4217. The weighting factors do not vary from year to year. None of the weighting factors given in Table 1 below will change unless Section 4217 is revised by new legislation. The following formulas are used to compute the maximum reserve valuation interest rates: I = 3.00% + W(R1-3.00)% + W/2(R2-9.00)%, (Formula 1, called "Life Insurance Formula") or I = 3.00% + W(R-3.00)%, (Formula 2, called "Annuity Formula") Where: I = Maximum calendar year statutory valuation interest rate, rounded to the nearer 1/4%. R = Reference interest rate, derived from Moody's corporate bond monthly yield averages, rounded to the nearer basis point (.01 of 1%). R[1]= Lesser of R and 9.00%. R[2]= Greater of R and 9.00%. W = Weighting factor. The third term of Formula 1 is dropped whenever the reference interest rate falls below 9.00%. The weighting factors vary by type of benefit, guarantee duration, and valuation basis (i.e. "issue year" basis or "change-in-fund" basis). An asterisk (*), where shown with the weighting factor in Table 1, indicates that Formula 2 may optionally be used with a given factor if an acceptable actuarial opinion and memorandum are provided, as required by se 4217(c)(4)(B)(vi). TABLE 1 Valuation Reference Weighting Benefit Guarantee Basis Interest Rate Factor (Category in Duration (Column from Circular Letter) (Where Table 2) duration t, in year, is) A = or < 10 Issue (3) .50 > 10, = or < 20 Year .45 > 20 .35 B = or < 10 Issue Year (1) .55* > 10, = or < 20 Issue Year (3) .50 > 20 Issue Year (3) .40 B = or < 10 Change-in-Fund (1) .60* > 10, = or < 20 Change-in-Fund (1) .55* > 20 Change-in-Fund (1) .45* C Not applicable Issue or Purchase Year (1) .80* Appendix (Continued) To Circular Letter Number 12 (1992) TABLE 1 (continued) Benefit Guarantee valuation Reference (Category in Duration Basis Interest Rate Circular Letter (Where (Column from duration t, Table 2) in years, is) D = or < 5 Issue (1) > 5, = or < 10 Year (1) > 10, = or < 20 (3) > 20 (3) Issue E = or < 5 Year (1) > 5, = or < 10 (1) > 10, = or < 20 (3) > 20 (3) F = or < 5 Issue (1) > 5, = < 10 Year (1) > 10, = or < 20 (1) > 20 (1) G = or < 5 Change (1) > 5, = or < 10 in (1) > 10, = or < 20 Fund (1) > 20 (1) H = or < 5 Change (1) > 5, = or < 10 in (1) > 10, = or < 20 Fund (1) > 20 (1) Benefit Guarantee (Category in Duration Circular Letter (Where duration t, in years, is) Varies By Plan Type A B C D = or < 5 .80 .60* .so* > 5, = or < 10 .75 .60* .50* > 10, = or < 20 .65 .50 .45 > 20 .45 .35 .35 A B C E = or < 5 .85* .65* .55* > 5, = or < 10 .80* .65* .55* > 10, = or < 20 .70 .55 .50 > 20 .50 .40 .40 A F = or < 5 .80* > 5, = < 10 .75* > 10, = or < 20 .65* > 20 .45* A B C G = or < 5 .95* .85* .55* > 5, = or < 10 .90* .85* .55* > 10, = or < 20 .80* .75* .50* > 20 .60* .60* .40* A B C H = or < 5 1.00* .90* .60* > 5, = or < 10 .95* .90* .60* > 10, = or < 20 .85* .80* .55* > 20 .65* .65* .45* The reference interest rates are based on the average corporate bond earnings published by Moody's Investors Service, Inc. Section 4217 defines running averages of the published monthly. yield rates for 12-month and 36-month periods. The year of issue, of purchase or of change-in-fund, applicable to the running yield average ending in the current year, is the next following year for Life Insurance other than single. premium life insurance of the kind referred to in Section 4217(c)(4)(B)(vi) i.e. Category A in the Circular Letter) and the current year for all other business (i.e. Categories B through H in the Circular Letter). Appendix (Continued) To Circular Letter Number 12 (1992) The following table shows Moody's yield averages for recent years: TABLE 2 For Period Ending 12-Month 36-Month June 30 Running Running Lesser of of Year Average Average Two Averages (1) (2) (3) 1981 13.71% 11.57% 11.57% 1982 15.70 13.64 13.64 1983 13.39% 14.26% 13.39% 1984 13.22 14.10 13.22 1985 13.01% 13.21% 13.01% 1986 10.75 12.33 10.75 1987 9.40% 11.05% 9.40 1988 10.32 10.15 10.15 1989 10.09% 9.93% 9.93% 1990 9.52 9.97 9.52 1991 9.63% 9.74% 9.63% 1992 8.88 9.34 8.88 The maximum nonforfeiture interest rate for Life Insurance, under Section 4221(k), for a particular issue year, is equal to 125% of the maximum reserve valuation interest rate for the same issue year, rounded to the nearer 1/4%. Should the computed maximum reserve valuation interest rate for Life Insurance (other than Single Premium Life Insurance covered in Category B on page 3 of the Circular Letter) for a particular issue year be different from the actual maximum reserve valuation interest rate for the next previous issue year by less than 1/2%, then the maximum reserve valuation interest rate for such particular issue year will be the same as that for such next previous issue year.