2014 -- H 7715 | |
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LC004513 | |
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STATE OF RHODE ISLAND | |
IN GENERAL ASSEMBLY | |
JANUARY SESSION, A.D. 2014 | |
____________ | |
A N A C T | |
RELATING TO INSURANCE - THE STANDARD NONFORFEITURE LAW FOR LIFE | |
INSURANCE | |
| |
Introduced By: Representatives Marshall, O'Brien, and Almeida | |
Date Introduced: February 27, 2014 | |
Referred To: House Corporations | |
(Business Regulation) | |
It is enacted by the General Assembly as follows: | |
1 | SECTION 1. Section 27-4.3-5 of the General Laws in Chapter 27-4.3 entitled “The |
2 | Standard Nonforfeiture Law for Life Insurance” is hereby amended to read as follows: |
3 | 27-4.3-5. Calculations of adjusted premiums by the nonforfeiture net level premium |
4 | method. -- (a) This section shall apply to all policies issued on or after January 1, 1994. Except |
5 | as provided in subsection (g) of this section, the adjusted premiums for any policy shall be |
6 | calculated on an annual basis and shall be such a uniform percentage of the respective premiums |
7 | specified in the policy for each policy year, excluding amounts payable as extra premiums to |
8 | cover impairments or special hazards, and also excluding any uniform annual contract charge or |
9 | policy fee specified in the policy in a statement of the method to be used in calculating the cash |
10 | surrender values and paid up nonforfeiture benefits, that the present value, at the date of issue of |
11 | the policy, of all adjusted premiums shall be equal to the sum of: (1) the then present value of the |
12 | future guaranteed benefits provided for by the policy; (2) one percent (1%) of either the amount |
13 | of insurance, if the insurance be uniform in amount, or the average amount of insurance at the |
14 | beginning of each of the first ten (10) policy years; and (3) one hundred twenty-five percent |
15 | (125%) of the nonforfeiture net level premium as defined in subsection (b); provided, however, |
16 | that in applying the percentage specified in subdivision (a)(3), no nonforfeiture net level premium |
17 | shall be deemed to exceed four percent (4%) of either the amount of insurance, if the insurance |
18 | be uniform in amount, or the average amount of insurance at the beginning of each of the first ten |
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1 | (10) policy years. The date of issue of a policy for the purpose of this section shall be the date as |
2 | of which the rated age of the insured is determined. |
3 | (b) The nonforfeiture net level premium shall be equal to the present value, at the date of |
4 | issue of the policy, of the guaranteed benefits provided for by the policy divided by the present |
5 | value, at the date of issue of the policy of an annuity of one per annum payable on the date of |
6 | issue of the policy and on each anniversary of the policy on which a premium falls due. |
7 | (c) In the case of policies which cause, on a basis guaranteed in the policy, unscheduled |
8 | changes in benefits or premiums, or which provide an option for changes in benefits or premiums, |
9 | other than a change to a new policy, the adjusted premiums and present values shall initially be |
10 | calculated on the assumption that future benefits and premiums do not change from those |
11 | stipulated at the date of issue of the policy. At the time of any change in the benefits or premiums, |
12 | the future adjusted premiums, nonforfeiture net level premiums, and present values shall be |
13 | recalculated on the assumption that future benefits and premiums do not change from those |
14 | stipulated by the policy immediately after the change. |
15 | (d) Except as provided in subsection (g), the recalculated future adjusted premiums for |
16 | any policy shall be a uniform percentage of the future premiums specified in the policy for each |
17 | policy year, excluding amounts payable as extra premiums to cover impairments and special |
18 | hazards, and also excluding any uniform annual contract charge or policy fee specified in the |
19 | policy in a statement of the method to be used in calculating the cash surrender values and paid |
20 | up nonforfeiture benefits, so that the present value, at the time of change to the newly defined |
21 | benefits or premiums, of all future adjusted premiums shall be equal to the excess of: (1) the sum |
22 | of: (i) the then present value of the then future guaranteed benefits provided for by the policy and |
23 | (ii) the additional expense allowance, if any, over (2) the then cash surrender value, if any, or |
24 | present value of any paid up nonforfeiture benefit under this policy. |
25 | (e) The additional expense allowance, at the time of the change to the newly defined |
26 | benefits or premiums, shall be the sum of: (1) one percent (1%) of the excess, if positive, of the |
27 | average amount of insurance at the beginning of each of the first ten (10) policy years subsequent |
28 | to the change over the average amount of insurance prior to the change at the beginning of each |
29 | of the first ten (10) policy years subsequent to the time of the most recent previous change, or, if |
30 | there has been no previous change, the date of issue of the policy; and (2) one hundred twenty- |
31 | five percent (125%) of the increase, if positive, in the nonforfeiture net level premium. |
32 | (f) The recalculated nonforfeiture net level premium shall be equal to the result obtained |
33 | by dividing subdivision (f)(1) by subdivision (f)(2) where: |
34 | (1) Equals the sum of: |
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1 | (i) The nonforfeiture net level premium applicable prior to the change multiplied by the |
2 | present value of an annuity of one per annum payable on each anniversary of the policy on or |
3 | subsequent to the date of the change on which a premium would have fallen due had the change |
4 | not occurred, and |
5 | (ii) The present value of the increase in future guaranteed benefits provided for by the |
6 | policy; and |
7 | (2) Equals the present value of an annuity of one per annum payable on each anniversary |
8 | of the policy on or subsequent to the date of change on which a premium falls due. |
9 | (g) Notwithstanding any other provisions of this section to the contrary, in the case of a |
10 | policy issued on a substandard basis which provides reduced graded amounts of insurance so that, |
11 | in each policy year, the policy has the same tabular mortality cost as a similar policy issued on the |
12 | standard basis which provides for a higher uniform amount of insurance, adjusted premiums and |
13 | present values for the substandard policy may be calculated as if it were issued to provide higher |
14 | uniform amounts of insurance on the standard basis. |
15 | (h) All adjusted premiums and present values referred to in this chapter shall for all |
16 | policies of ordinary insurance be calculated on the basis of the commissioners 1980 standard |
17 | ordinary mortality table or, at the election of the company for any one or more specified |
18 | plans of life insurance, the commissioners 1980 standard ordinary mortality table with ten (10) |
19 | year select mortality factors; adjusted premiums and present values shall for all policies of |
20 | industrial insurance be calculated on the basis of the commissioners 1961 standard industrial |
21 | mortality table; for all policies issued in a particular calendar year be calculated on the basis of a |
22 | rate of interest not exceeding the nonforfeiture interest rate as defined in this section, for policies |
23 | issued in that calendar year; . |
24 | Provided, however that: |
25 | (1) At the option of the insurance company, calculations for all policies issued in a |
26 | particular calendar year may be made on the basis of a rate of interest not exceeding the |
27 | nonforfeiture interest rate, as defined in this section, for policies issued in the immediately |
28 | preceding calendar year; |
29 | (2) Under any paid-up nonforfeiture benefit, including any paid-up dividend additions, |
30 | any cash surrender value available, whether or not required by § 27-4.3-2, shall be calculated on |
31 | the basis of the mortality table and rate of interest used in determining the amount of any paid-up |
32 | nonforfeiture benefit and paid-up dividend additions, if any; |
33 | (3) An insurance company may calculate the amount of any guaranteed paid-up |
34 | nonforfeiture benefit including any paid-up additions under the policy on the basis of an interest |
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1 | rate no lower than that specified in the policy for calculating cash surrender values; |
2 | (4) In calculating the present value of any paid-up term insurance with accompanying |
3 | pure endowment, if any, offered as a nonforfeiture benefit, the rates of mortality assumed may be |
4 | not more than those shown in the commissioners 1980 extended term insurance table for policies |
5 | of ordinary insurance and not more than the commissioners 1961 industrial extended term |
6 | insurance table for policies of industrial insurance; |
7 | (5) For insurance issued on a substandard basis, the calculation of any adjusted |
8 | premiums and present values may be based on appropriate modifications of the tables mentioned |
9 | in this subsection; |
10 | (6)(i) For policies issued prior to the operative date of the valuation manual, any |
11 | commissioners' standard commissioners standard ordinary mortality tables, adopted after 1980 by |
12 | the National Association of Insurance Commissioners, that are approved by regulation |
13 | promulgated by the commissioner of insurance for use in determining the minimum nonforfeiture |
14 | standard, may be substituted for the commissioners 1980 standard ordinary mortality table with or |
15 | without ten (10) year select mortality factors or for the commissioners 1980 extended term |
16 | insurance table |
17 | (ii) For policies issued on or after the operative date of the valuation manual the valuation |
18 | manual shall provide the commissioners' standard commissioners standard mortality table for use |
19 | in determining the minimum nonforfeiture standard that may be substituted for the commissioners |
20 | 1980 Standard Ordinary Mortality Table with or without ten (10) year Select Mortality Factors or |
21 | for the Commissioners 1980 Extended Term Insurance Table. If the commissioner approves by |
22 | regulation any commissioners' standard commissioners standard ordinary mortality table adopted |
23 | by the NAIC for use in determining the minimum nonforfeiture standard for policies issued on or |
24 | after the operative date of the valuation manual then that minimum nonforfeiture standard |
25 | supersedes the minimum nonforfeiture standard provided by the valuation manual. |
26 | (7)(i) For policies issued prior to the operative date of the valuation manual, any |
27 | commissioners' standard commissioners standard industrial mortality tables, adopted after 1980 |
28 | by the National Association of Insurance Commissioners, that are approved by regulation |
29 | promulgated by the commissioner of insurance for use in determining the minimum nonforfeiture |
30 | standard, may be substituted for the commissioners 1961 standard industrial mortality table or the |
31 | commissioners 1961 industrial extended term insurance table. |
32 | (ii) For policies issued on or after the operative date of the valuation manual the valuation |
33 | manual shall provide the commissioners' standard commissioners standard mortality table for use |
34 | in determining the minimum nonforfeiture standard that may be substituted for the |
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1 | Commissioners 1961 Standard Industrial Mortality Table or the Commissioners 1961 Industrial |
2 | Extended Term Insurance Table. If the commissioner approves by regulation any commissioners' |
3 | standard commissioners standard industrial mortality table adopted by the NAIC for use in |
4 | determining the minimum nonforfeiture standard for policies issued on or after the operative |
5 | date of the valuation manual than that minimum nonforfeiture standard supersedes the |
6 | minimum nonforfeiture standard provided by the valuation manual. |
7 | (i) The nonforfeiture interest rate is defined below: |
8 | (A) For policies issued prior to the operative date of the valuation manual, the |
9 | nonforfeiture interest rate per annum for any policy issued in a particular calendar year shall be |
10 | equal to one hundred and twenty-five percent (125%) of the calendar year statutory valuation |
11 | interest rate for the policy as defined in chapter 4.5 of this title, rounded to the nearer one-quarter |
12 | of one percent (.25%). |
13 | (B) For policies issued on and after the operative date of the valuation manual the |
14 | nonforfeiture interest rate per annum for any policy issued in a particular calendar year shall be |
15 | provided by the valuation manual. |
16 | (j) Notwithstanding any other provision in this title to the contrary, any re-filing of |
17 | nonforfeiture values or their methods of computation for any previously approved policy form |
18 | which involves only a change in the interest rate or mortality table used to compute nonforfeiture |
19 | values shall not require re-filing of any other provisions of that policy form. |
20 | SECTION 2. Sections 27-4.5-1, 27-4.5-13 and 27-4.5-16 of the General Laws in Chapter |
21 | 27-4.3 entitled “The Standard Valuation Law” is hereby amended to read as follows: |
22 | 27-4.5-1. Short title and Definitions. -- (a) This chapter shall be known as the "Standard |
23 | Valuation Law." |
24 | (b) For the purpose of this chapter, the following definitions shall apply on or after the |
25 | operative date of the valuation manual: |
26 | (1) "Accident and health insurance" means contracts that incorporate morbidity risk and |
27 | provide protection against economic loss resulting from accident, sickness, or medical conditions |
28 | and as may be specified in the valuation manual. |
29 | (2) "Appointed actuary" means a qualified actuary who is appointed in accordance with |
30 | the valuation manual to prepare the actuarial opinion required in § 27-4.5-3(a)(b). |
31 | (3) "Commissioner of insurance" means the director of the department of business |
32 | regulation or his or her designee. |
33 | (4) "Company" means an entity, which: (i) Has written, issued, or reinsured life insurance |
34 | contracts, accident and health insurance contracts, or deposit-type contracts in this state and has at |
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1 | least one such policy in force or one claim; or (ii) Has written, issued, or reinsured 1 life |
2 | insurance contracts, accident and health insurance contracts, or deposit-type contracts in any state |
3 | and is required to hold a certificate of authority to write life insurance, accident and health |
4 | insurance, or deposit-type contracts in this state. |
5 | (5) "Deposit-type contract" means contracts that do not incorporate mortality or |
6 | morbidity risks and as may be specified in the valuation manual. |
7 | (6) "Life insurance" means contracts that incorporate mortality risk, including annuity |
8 | and pure endowment contracts, and as may be specified in the valuation manual. |
9 | (7) "NAIC" means the National Association of Insurance Commissioners. |
10 | (8) "Policyholder behavior" means any action a policyholder, contract holder or any other |
11 | person with the right to elect options, such as a certificate holder, may take under a policy or |
12 | contract subject to this chapter including, but not limited to, lapse, withdrawal, transfer, deposit, |
13 | premium payment, loan, annuitization , or benefit elections prescribed by the policy or contract, |
14 | but excluding events of mortality or morbidity that result in benefits prescribed in their essential |
15 | aspects by the terms of the policy or contract. |
16 | (9) "Principle-based valuation" means a reserve valuation that uses one or more methods |
17 | or one or more assumptions determined by the insurer and is required to comply with § 27-4.5-14 |
18 | as specified in the valuation manual. |
19 | (10) "Qualified actuary" means an individual who is qualified to sign the applicable |
20 | statement of actuarial opinion in accordance with the American Academy of Actuaries |
21 | qualification standards for actuaries signing such statements and who meets the requirements |
22 | specified in the valuation manual. |
23 | (11) "Tail risk" means a risk that occurs either where the frequency of low probability |
24 | events is higher than expected under a normal probability distribution or where there are observed |
25 | events of very significant size or magnitude. |
26 | (12) "Valuation manual" means the manual of valuation instructions adopted by the |
27 | NAIC as specified in this chapter or as subsequently amended. |
28 | 27-4.5-13. Valuation manual for policies issued on or after the operative date of the |
29 | valuation manual. -- (a) For policies issued on or after the operative date of the |
30 | valuation manual, the standard prescribed in the valuation manual is the minimum standard of |
31 | valuation required under § 27-4.5-2(b), except as provided under subsections (e) or (g) of this |
32 | section. |
33 | (b) The operative date of the valuation manual is January 1 of the first calendar year |
34 | following the first July 1 as of which all of the following have occurred: |
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1 | (1) The valuation manual has been adopted by the NAIC by an affirmative vote of at least |
2 | forty-two (42) members, or three-fourths (3/4) of the members voting, whichever is greater. |
3 | (2) The Standard Valuation Law, as amended by the NAIC in 2009, or legislation |
4 | including substantially similar terms and provisions, has been enacted by states representing |
5 | greater than seventy-five percent (75%) of the direct premiums written as reported in the |
6 | following annual statements submitted for 2008: life, accident and health annual statements; |
7 | health annual statements; or fraternal annual statements. |
8 | (3) The Standard Valuation Law, as amended by the NAIC in 2009, or legislation |
9 | including substantially similar terms and provisions, has been enacted by at least forty-two (42) |
10 | of the following fifty-five (55) jurisdictions: The fifty (50) States of the United States, American |
11 | Samoa, the American Virgin Islands, the District of Columbia, Guam, and Puerto Rico. |
12 | (c) Unless a change in the valuation manual specifies a later effective date, changes to the |
13 | valuation manual shall be effective on January 1 following the date when all of the following |
14 | have occurred: |
15 | (1) The change to the valuation manual has been adopted by the NAIC by an affirmative |
16 | vote representing: |
17 | (i) At least three-fourths (3/4) of the members of the NAIC voting, but not less than a |
18 | majority of the total membership, and |
19 | (ii) Members of the NAIC representing jurisdictions totaling greater than seventy-five |
20 | percent (75%) of the direct premiums written as reported in the following annual statements most |
21 | recently available prior to the vote in subsection (c)(1)(i): life, accident and health annual |
22 | statements, health annual statements, or fraternal annual statements. |
23 | (2) The valuation manual becomes effective pursuant to a regulation adopted by the |
24 | commissioner. |
25 | (d) The valuation manual must specify all of the following: |
26 | (1) Minimum valuation standards for and definitions of the policies or contracts subject |
27 | to subsection 27-4.5-2(b). Such minimum valuation standards shall be: |
28 | (i) The commissioner's commissioners reserve valuation method for life insurance |
29 | contracts, other than annuity contracts, subject to § 27-4.5-2(b); |
30 | (ii) The commissioner's commissioners annuity reserve valuation method for annuity |
31 | contracts subject to § 27-4.5- 2(b); and |
32 | (iii) Minimum reserves for all other policies or contracts subject to § 27-4.5- 2(b). |
33 | (2) Which policies or contracts or types of policies or contracts that are subject to the |
34 | requirements of a principle-based valuation in § 27-4.5-14(a) and the minimum valuation |
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1 | standards consistent with those requirements; |
2 | (3) For policies and contracts subject to a principle-based valuation under § 27-4.5- 14: |
3 | (i) Requirements for the format of reports to the commissioner under subdivision 27-4.5- |
4 | 14(b)(2)(3) and which shall include information necessary to determine if the valuation is |
5 | appropriate and in compliance with this chapter; |
6 | (ii) Assumptions shall be prescribed for risks over which the company does not have |
7 | significant control or influence. |
8 | (iii) Procedures for corporate governance and oversight of the actuarial function, and a |
9 | process for appropriate waiver or modification of such procedures. |
10 | (4) For policies not subject to a principle-based valuation under § 27-4.5-14 the minimum |
11 | valuation standard shall either: |
12 | (i) Be consistent with the minimum standard of valuation prior to the operative date of |
13 | the valuation manual; or |
14 | (ii) Develop reserves that quantify the benefits and guarantees, and the funding, |
15 | associated with the contracts and their risks at a level of conservatism that reflects conditions that |
16 | include unfavorable events that have a reasonable probability of occurring. |
17 | (5) Other requirements, including, but not limited to, those relating to reserve methods, |
18 | models for measuring risk, generation of economic scenarios, assumptions, margins, use of |
19 | company experience, risk measurement, disclosure, certifications, reports, actuarial opinions and |
20 | memorandums, transition rules and internal controls; and |
21 | (6) The data and form of the data required under § 27-4.5-15, with whom the data must |
22 | be submitted, and may specify other requirements including data analyses and reporting of |
23 | analyses. |
24 | (e) In the absence of a specific valuation requirement or if a specific valuation |
25 | requirement in the valuation manual is not, in the opinion of the commissioner, in compliance |
26 | with this chapter, then the company shall, with respect to such requirements, comply with |
27 | minimum valuation standards prescribed by the commissioner by regulation. |
28 | (f) The commissioner may engage a qualified actuary, at the expense of the company, to |
29 | perform an actuarial examination of the company and opine on the appropriateness of any reserve |
30 | assumption or method used by the company, or to review and opine on a company's compliance |
31 | with any requirement set forth in this chapter. The commissioner may rely upon the opinion, |
32 | regarding provisions contained within this chapter, of a qualified actuary engaged by the |
33 | commissioner of another state, district or territory of the United States. As used in this subsection, |
34 | term "engage" includes employment and contracting. |
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1 | (g) The commissioner may require a company to change any assumption or method that |
2 | in the opinion of the commissioner is necessary in order to comply with the requirements of the |
3 | valuation manual or this chapter; and the company shall adjust the reserves as required by the |
4 | commissioner. The commissioner may take other disciplinary action as permitted pursuant to § |
5 | 42-14-16. |
6 | 27-4.5-16. Confidentiality. -- (a) For purposes of this section, "confidential |
7 | information" shall mean: |
8 | (1) A memorandum in support of an opinion submitted under § 27-4-3 and any other |
9 | documents, materials and other information, including, but not limited to, all working papers, |
10 | and copies thereof, created, produced or obtained by or disclosed to the commissioner or any |
11 | other person in connection with such memorandum; |
12 | (2) All documents, materials and other information, including, but not limited to, all |
13 | working papers, and copies thereof, created, produced or obtained by or disclosed to the |
14 | commissioner or any other person in the course of an examination made under § 27-4.5- |
15 | 13(f); provided, however, that if an examination report or other material prepared in |
16 | connection with an examination made under chapter 27-13.1 is not held as private and |
17 | confidential information under chapter 27-13.1, an examination report or other material |
18 | prepared in connection with an examination made under § 27-4.5-13(f) of this chapter shall |
19 | not be "confidential information" to the same extent as if such examination report or other |
20 | material had been prepared in accordance with chapter 27-13.1; |
21 | (3) Any reports, documents, materials and other information developed by a company |
22 | in support of, or in connection with, an annual certification by the company under |
23 | subdivision 27- 4.5- 14(b)(1)(2) of this chapter evaluating the effectiveness of the company's |
24 | internal controls with respect to a principle-based valuation and any other documents, |
25 | materials and other information, including, but not limited to, all working papers, and copies |
26 | thereof, created, produced or obtained by or disclosed to the commissioner or any other |
27 | person in connection with such reports, documents, materials and other information; |
28 | (4) Any principle-based valuation report developed under subdivision 27-4.5-14(b)(2) |
29 | (3) and any other documents, materials and other information, including, but not limited to, |
30 | all working papers, and copies thereof, created, produced or obtained by or disclosed to the |
31 | commissioner or any other person in connection with such report; and |
32 | (5) Any documents, materials, data and other information submitted by a company |
33 | under § 27-4.5- 15 (collectively, "experience data") and any other documents, materials, data |
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1 | and other information, including, but not limited to, all working papers, and copies thereof, |
2 | created or produced in connection with such experience data, in each case that include any |
3 | potentially company-identifying or personally identifiable information, that is provided to or |
4 | obtained by the commissioner (together with any "experience data", the "experience |
5 | materials") and any other documents, materials, data and other information, including, but not |
6 | limited to, all working papers, and copies thereof, created, produced or obtained by or |
7 | disclosed to the commissioner or any other person in connection with such experience |
8 | materials. |
9 | (b) Privilege for, and confidentiality of, confidential information. |
10 | (1) Except as provided in this § 27-4.5-16, a company's confidential information is |
11 | confidential by law and privileged, and shall not be subject to chapter 38-2, shall not be |
12 | subject to subpoena and shall not be subject to discovery or admissible in evidence in any |
13 | private civil action; provided, however, that the commissioner is authorized to use the |
14 | confidential information in the furtherance of any regulatory or legal action brought against |
15 | the company as a part of the commissioner's official duties. |
16 | (2) Neither the commissioner nor any person who received confidential information |
17 | while acting under the authority of the commissioner shall be permitted or required to testify |
18 | in any private civil action concerning any confidential information. |
19 | (3) In order to assist in the performance of the commissioner's duties, the |
20 | commissioner may share confidential information: |
21 | (i) With other state, federal and international regulatory agencies and with the NAIC |
22 | and its affiliates and subsidiaries; and (ii) In the case of confidential information specified in |
23 | subdivisions 27-4.5-16(a)(1) and 27-4.5-16(a)(4) only, with the actuarial board for |
24 | counseling and discipline or its successor upon request stating that the confidential |
25 | information is required for the purpose of professional disciplinary proceedings and with |
26 | state, federal and international law enforcement officials; in the case of subsections (a) and |
27 | (b), provided, that, such recipient agrees, and has the legal authority to agree, to maintain the |
28 | confidentiality and privileged status of such documents, materials, data and other information |
29 | in the same manner and to the same extent as required for the commissioner. |
30 | (4) The commissioner may receive documents, materials, data and other information, |
31 | including otherwise confidential and privileged documents, materials, data or information, |
32 | from the NAIC and its affiliates and subsidiaries, from regulatory or law enforcement |
33 | officials of other foreign or domestic jurisdictions and from the actuarial board for counseling |
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1 | and discipline or its successor and shall maintain as confidential or privileged any document, |
2 | material, data or other information received with notice or the understanding that it is |
3 | confidential or privileged under the laws of the jurisdiction that is the source of the |
4 | document, material or other information. |
5 | (5) The commissioner may enter into agreements governing sharing and use of |
6 | information consistent with § 27-4.5-16(b). |
7 | (6) No waiver of any applicable privilege or claim of confidentiality in the |
8 | confidential information shall occur as a result of disclosure to the commissioner under this |
9 | section or as a result of sharing as authorized in subdivision 27-4.5-16(b)(3). |
10 | (7) A privilege established under the law of any state or jurisdiction that is |
11 | substantially similar to the privilege established under § 27-4.5-16(b) shall be available and |
12 | enforced in any proceeding in, and in any court of, this state. |
13 | (8) In § 27-4.5-16 "regulatory agency," "law enforcement agency" and the "NAIC" |
14 | include, but are not limited to, their employees, agents, consultants and contractors. |
15 | (c) Notwithstanding § 27-4.5-16(b), any confidential information specified in |
16 | subdivisions 27-4.5-16(a)(1) and 27-4.5-14(a)(4): |
17 | (1) May be subject to subpoena for the purpose of defending an action seeking |
18 | damages from the appointed actuary submitting the related memorandum in support of an |
19 | opinion submitted under § 27-4.5-3 or principle-based valuation report developed under |
20 | subdivision 27-4.5-14(b)(3) by reason of an action required by this chapter or by regulations |
21 | promulgated hereunder; |
22 | (2) May otherwise be released by the commissioner with the written consent of the |
23 | company; and |
24 | (3) Once any portion of a memorandum in support of an opinion submitted under § |
25 | 27-4.5-3 or a principle-based valuation report developed under subdivision 27-4.5-14(b)(3) is |
26 | cited by the company in its marketing or is publicly volunteered to or before a governmental |
27 | agency other than a state insurance department or is released by the company to the news |
28 | media, all portions of such memorandum or report shall no longer be confidential. |
29 | SECTION 3. Section 42-14-18 of the General Laws in Chapter 42-14 entitled |
30 | “Department of Business Regulation” is hereby amended to read as follows: |
31 | 42-14-18. Form and rate filing fees. – The following fees shall be charged for the |
32 | services of the division of insurance in reviewing policy or certificate forms, as those terms |
33 | are defined in § 27-29-2(f)(7), and related forms and rates that are required by law to be |
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1 | submitted by insurers, as that term is defined in § 27-29-2(e)(4), for review and approval by |
2 | the director prior to use: |
3 | (1) For each policy or certificate form included in a single package, including any |
4 | related forms, rates, and other documents submitted in the same package – forty dollars |
5 | ($40.00); and |
6 | (2) For related forms or revised rates in connection with a policy that has been |
7 | previously approved, submitted in a single package, charged based upon the number of |
8 | policies involved – twenty-five dollars ($25.00). |
9 | (3) Fees shall be submitted with each filing and shall be deposited as general revenue. |
10 | These fees shall be in addition to any taxes and fees otherwise payable to the state. |
11 | (4) Before any form approved pursuant to chapter 27-2.5 may be used in the state of |
12 | Rhode Island, the fees specified in this section must be paid. |
13 | SECTION 4. Section 27-20.7-14 of the General Laws in Chapter 27-20.7 entitled "Third |
14 | Party Health Insurance Administrators" is hereby amended to read as follows: |
15 | 27-20.7-14. Annual report and filing fee. -- (a) Each administrator shall file an annual |
16 | report for the preceding calendar year with the commissioner on or before March 1 of each year, |
17 | or within any extension of time for filing as the commissioner for good cause may grant. The |
18 | report shall be in the form and contain any matters that the commissioner prescribes and shall be |
19 | verified by at least two (2) officers of the administrator. |
20 | (b) The annual report shall include the complete names and addresses of all insurers with |
21 | which the administrator had an agreement during the preceding fiscal year. |
22 | (c) At the time of filing its annual report, the administrator shall pay a filing fee as |
23 | required by the commissioner. |
24 | SECTION 5. This act shall take effect upon passage. |
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EXPLANATION | |
BY THE LEGISLATIVE COUNCIL | |
OF | |
A N A C T | |
RELATING TO INSURANCE - THE STANDARD NONFORFEITURE LAW FOR LIFE | |
INSURANCE | |
*** | |
1 | This act would make technical changes to the standard valuation and standard |
2 | nonforfeiture provisions of the general laws relating to insurance. This act would also eliminate |
3 | the need for verification of an annual report of a third-party administrator by two (2) officers and |
4 | would thereby permit electronic filing of the report. |
5 | This act would take effect upon passage. |
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