2014 -- H 7715 SUBSTITUTE A | |
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LC004513/SUB A | |
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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 | |
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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 that cause, on a basis guaranteed in the policy, |
8 | unscheduled changes in benefits or premiums, or which that provide an option for changes in |
9 | benefits or premiums, other than a change to a new policy, the adjusted premiums and present |
10 | values shall initially be calculated on the assumption that future benefits and premiums do |
11 | not change from those stipulated at the date of issue of the policy. At the time of any change in |
12 | the benefits or premiums, the future-adjusted premiums, nonforfeiture net-level premiums, and |
13 | present values shall be recalculated on the assumption that future benefits and premiums do not |
14 | change from those stipulated by the policy immediately after the change. |
15 | (d) Except as otherwise provided in subsection (g), the recalculated future-adjusted |
16 | premiums for any policy shall be a uniform percentage of the future premiums specified in the |
17 | policy for each policy year, excluding amounts payable as extra premiums to cover impairments |
18 | and special hazards, and also excluding any uniform annual contract charge or policy fee |
19 | specified in the policy in a statement of the method to be used in calculating the cash surrender |
20 | values and paid up nonforfeiture benefits, so that the present value, at the time of change to the |
21 | newly defined benefits or premiums, of all future-adjusted premiums shall be equal to the excess |
22 | of: (1) the sum of: (i) the then-present value of the then-future-guaranteed benefits provided for |
23 | by the policy and (ii) the additional expense allowance, if any, over (2) the then-cash-surrender |
24 | value, if any, or 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 that provides reduced graded amounts of insurance so |
11 | that, in each policy year, the policy has the same tabular mortality cost as a similar policy issued |
12 | on the standard basis which that provides for a higher uniform amount of insurance, adjusted |
13 | premiums and present values for the substandard policy may be calculated as if it were issued to |
14 | provide higher 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 cCommissioners 1980 sStandard |
17 | oOrdinary mMortality tTable or, at the election of the company for any one or more |
18 | specified plans of life insurance, the cCommissioners 1980 sStandard oOrdinary mMortality |
19 | tTable with ten-(10) year (10) select mortality factors; adjusted premiums and present values shall |
20 | for all policies of industrial insurance be calculated on the basis of the cCommissioners 1961 |
21 | sStandard iIndustrial mMortality tTable; for all policies issued in a particular calendar year be |
22 | calculated on the basis of a rate of interest not exceeding the nonforfeiture interest rate as defined |
23 | in this section, for policies 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 cCommissioners 1980 eExtended tTerm iInsurance tTable for |
5 | policies of ordinary insurance and not more than the cCommissioners 1961 iIndustrial eExtended |
6 | tTerm iInsurance tTable 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 oOrdinary mMortality tTables, adopted after |
12 | 1980 by 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 cCommissioners 1980 sStandard oOrdinary mMortality |
15 | tTable with or without ten-(10) year (10) select mortality factors or for the cCommissioners 1980 |
16 | eExtended tTerm iInsurance tTable. |
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 mMortality tTable for |
19 | use in determining the minimum nonforfeiture standard that may be substituted for the |
20 | cCommissioners 1980 Standard Ordinary Mortality Table with or without ten-(10) year (10) |
21 | Select Mortality Factors or for the Commissioners 1980 Extended-Term Insurance Table. If the |
22 | commissioner approves by regulation any commissioners' standard Commissioners Standard |
23 | oOrdinary mMortality tTable adopted by the NAIC for use in determining the minimum |
24 | nonforfeiture standard for policies issued on or after the operative date of the valuation manual |
25 | then that minimum nonforfeiture standard supersedes the minimum nonforfeiture standard |
26 | provided by the valuation manual. |
27 | (7)(i) For policies issued prior to the operative date of the valuation manual, any |
28 | commissioners' standard Commissioners Standard iIndustrial mMortality tTables, adopted after |
29 | 1980 by the National Association of Insurance Commissioners, that are approved by regulation |
30 | promulgated by the commissioner of insurance for use in determining the minimum nonforfeiture |
31 | standard, may be substituted for the cCommissioners 1961 sStandard iIndustrial mMortality |
32 | tTable or the cCommissioners 1961 iIndustrial eExtended tTerm iInsurance tTable. |
33 | (ii) For policies issued on or after the operative date of the valuation manual the valuation |
34 | manual shall provide the commissioners' standard Commissioners Standard mMortality tTable for |
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1 | use in determining the minimum nonforfeiture standard that may be substituted for the |
2 | Commissioners 1961 Standard Industrial Mortality Table or the Commissioners 1961 Industrial |
3 | Extended-Term Insurance Table. If the commissioner approves by regulation any commissioners' |
4 | standard Commissioners Standard iIndustrial mMortality tTable adopted by the NAIC for use in |
5 | determining the minimum nonforfeiture standard for policies issued on or after the operative |
6 | date of the valuation manual than then that minimum nonforfeiture standard supersedes the |
7 | minimum nonforfeiture standard provided by the valuation manual. |
8 | (i) The nonforfeiture interest rate is defined below: |
9 | (A) For policies issued prior to the operative date of the valuation manual, the |
10 | nonforfeiture interest rate per annum for any policy issued in a particular calendar year shall be |
11 | equal to one hundred and twenty-five percent (125%) of the calendar year statutory valuation |
12 | interest rate for the policy as defined in chapter 4.5 of this title, rounded to the nearer one-quarter |
13 | of one percent (.25%); provided, however, that the nonforfeiture interest rate shall not be less than |
14 | four percent (4.0%). |
15 | (B) For policies issued on and after the operative date of the valuation manual the |
16 | nonforfeiture interest rate per annum for any policy issued in a particular calendar year shall be |
17 | provided by the valuation manual. |
18 | (j) Notwithstanding any other provision in this title to the contrary, any re-filing of |
19 | nonforfeiture values or their methods of computation for any previously approved policy form |
20 | which that involves only a change in the interest rate or mortality table used to compute |
21 | nonforfeiture values shall not require re-filing of any other provisions of that policy form. |
22 | SECTION 2. Sections 27-4.5-1, 27-4.5-13 and 27-4.5-16 of the General Laws in Chapter |
23 | 27-4.3 entitled “The Standard Valuation Law” is hereby amended to read as follows: |
24 | 27-4.5-1. Short title and Ddefinitions. -- (a) This chapter shall be known as the |
25 | "Standard Valuation Law." |
26 | (b) For the purpose of this chapter, the following definitions shall apply on or after the |
27 | operative date of the valuation manual: |
28 | (1) "Accident and health insurance" means contracts that incorporate morbidity risk and |
29 | provide protection against economic loss resulting from accident, sickness, or medical conditions |
30 | and as may be specified in the valuation manual. |
31 | (2) "Appointed actuary" means a qualified actuary who is appointed in accordance with |
32 | the valuation manual to prepare the actuarial opinion required in § 27-4.5-3(a)(b). |
33 | (3) "Commissioner of insurance" means the director of the department of business |
34 | regulation, or his or her designee. |
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1 | (4) "Company" means an entity, which that: (i) Has written, issued, or reinsured life |
2 | insurance contracts, accident and health insurance contracts, or deposit-type contracts in this state |
3 | and has at least one such policy in force or one claim; or (ii) Has written, issued, or reinsured 1 |
4 | life insurance contracts, accident and health insurance contracts, or deposit-type contracts in any |
5 | state and is required to hold a certificate of authority to write life insurance, accident and health |
6 | insurance, or deposit-type contracts in this state. |
7 | (5) "Deposit-type contract" means contracts that do not incorporate mortality or |
8 | morbidity risks and as may be specified in the valuation manual. |
9 | (6) "Life insurance" means contracts that incorporate mortality risk, including annuity |
10 | and pure endowment contracts, and as may be specified in the valuation manual. |
11 | (7) "NAIC" means the National Association of Insurance Commissioners. |
12 | (8) "Policyholder behavior" means any action a policyholder, contract holder, or any |
13 | other person with the right to elect options, such as a certificate holder, may take under a policy |
14 | or contract subject to this chapter including, but not limited to, lapse, withdrawal, transfer, |
15 | deposit, premium payment, loan, annuitization , or benefit elections prescribed by the policy or |
16 | contract, but excluding events of mortality or morbidity that result in benefits prescribed in their |
17 | essential aspects by the terms of the policy or contract. |
18 | (9) "Principle-based valuation" means a reserve valuation that uses one or more methods |
19 | or one or more assumptions determined by the insurer and is required to comply with § 27-4.5-14 |
20 | as specified in the valuation manual. |
21 | (10) "Qualified actuary" means an individual who is qualified to sign the applicable |
22 | statement of actuarial opinion in accordance with the American Academy of Actuaries |
23 | qualification standards for actuaries signing such statements and who meets the requirements |
24 | specified in the valuation manual. |
25 | (11) "Tail risk" means a risk that occurs either where the frequency of low probability |
26 | events is higher than expected under a normal probability distribution or where there are observed |
27 | events of very significant size or magnitude. |
28 | (12) "Valuation manual" means the manual of valuation instructions adopted by the |
29 | NAIC as specified in this chapter or as subsequently amended. |
30 | 27-4.5-13. Valuation manual for policies issued on or after the operative date of the |
31 | valuation manual. -- (a) For policies issued on or after the operative date of the |
32 | valuation manual, the standard prescribed in the valuation manual is the minimum standard of |
33 | valuation required under § 27-4.5-2(b), except as provided under subsections (e) or (g) of this |
34 | section. |
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1 | (b) The operative date of the valuation manual is January 1 of the first calendar year |
2 | following the first July 1 as of which all of the following have occurred: |
3 | (1) The valuation manual has been adopted by the NAIC by an affirmative vote of at least |
4 | forty-two (42) members, or three-fourths (3/4) of the members voting, whichever is greater. |
5 | (2) The Standard Valuation Law, as amended by the NAIC in 2009, or legislation |
6 | including substantially similar terms and provisions, has been enacted by states representing |
7 | greater than seventy-five percent (75%) of the direct premiums written as reported in the |
8 | following annual statements submitted for 2008: life, accident and health annual statements; |
9 | health annual statements; or fraternal annual statements. |
10 | (3) The Standard Valuation Law, as amended by the NAIC in 2009, or legislation |
11 | including substantially similar terms and provisions, has been enacted by at least forty-two (42) |
12 | of the following fifty-five (55) jurisdictions: The fifty (50) States of the United States, American |
13 | Samoa, the American Virgin Islands, the District of Columbia, Guam, and Puerto Rico. |
14 | (c) Unless a change in the valuation manual specifies a later effective date, changes to the |
15 | valuation manual shall be effective on January 1 following the date when all of the following |
16 | have occurred: |
17 | (1) The change to the valuation manual has been adopted by the NAIC by an affirmative |
18 | vote representing: |
19 | (i) At least three-fourths (3/4) of the members of the NAIC voting, but not less than a |
20 | majority of the total membership, and |
21 | (ii) Members of the NAIC representing jurisdictions totaling greater than seventy-five |
22 | percent (75%) of the direct premiums written as reported in the following annual statements most |
23 | recently available prior to the vote in subsection (c)(1)(i): life, accident and health annual |
24 | statements,; health annual statements,; or fraternal annual statements. |
25 | (2) The valuation manual becomes effective pursuant to a regulation adopted by the |
26 | commissioner. |
27 | (d) The valuation manual must specify all of the following: |
28 | (1) Minimum-valuation standards for and definitions of the policies or contracts subject |
29 | to subsection §27-4.5-2(b). Such minimum-valuation standards shall be: |
30 | (i) The commissioner's Commissioners reserve valuation method for life insurance |
31 | contracts, other than annuity contracts, subject to § 27-4.5-2(b); |
32 | (ii) The commissioner's Commissioners annuity reserve valuation method for annuity |
33 | contracts subject to § 27-4.5- 2(b); and |
34 | (iii) Minimum reserves for all other policies or contracts subject to § 27-4.5- 2(b). |
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1 | (2) Which policies or contracts or types of policies or contracts that are subject to the |
2 | requirements of a principle-based valuation in § 27-4.5-14(a) and the minimum-valuation |
3 | standards consistent with those requirements; |
4 | (3) For policies and contracts subject to a principle-based valuation under § 27-4.5- 14: |
5 | (i) Requirements for the format of reports to the commissioner under subdivision §27- |
6 | 4.5- 14(b)(2)(3) and which shall include information necessary to determine if the valuation is |
7 | appropriate and in compliance with this chapter; |
8 | (ii) Assumptions shall be prescribed for risks over which the company does not have |
9 | significant control or influence. |
10 | (iii) Procedures for corporate governance and oversight of the actuarial function, and a |
11 | process for appropriate waiver or modification of such procedures. |
12 | (4) For policies not subject to a principle-based valuation under § 27-4.5-14, the |
13 | minimum valuation standard shall either: |
14 | (i) Be consistent with the minimum standard of valuation prior to the operative date of |
15 | the valuation manual; or |
16 | (ii) Develop reserves that quantify the benefits and guarantees, and the funding, |
17 | associated with the contracts and their risks at a level of conservatism that reflects conditions that |
18 | include unfavorable events that have a reasonable probability of occurring. |
19 | (5) Other requirements, including, but not limited to, those relating to reserve methods, |
20 | models for measuring risk, generation of economic scenarios, assumptions, margins, use of |
21 | company experience, risk measurement, disclosure, certifications, reports, actuarial opinions and |
22 | memorandums, transition rules and internal controls; and |
23 | (6) The data and form of the data required under § 27-4.5-15, with whom which the data |
24 | must be submitted, and may specify other requirements including data analyses and reporting of |
25 | analyses. |
26 | (e) In the absence of a specific-valuation requirement or if a specific-valuation |
27 | requirement in the valuation manual is not, in the opinion of the commissioner, in compliance |
28 | with this chapter, then the company shall, with respect to such requirements, comply with |
29 | minimum-valuation standards prescribed by the commissioner by regulation. |
30 | (f) The commissioner may engage a qualified actuary, at the expense of the company, to |
31 | perform an actuarial examination of the company and opine on the appropriateness of any reserve |
32 | assumption or method used by the company, or to review and opine on a company's compliance |
33 | with any requirement set forth in this chapter. The commissioner may rely upon the opinion, |
34 | regarding provisions contained within this chapter, of a qualified actuary engaged by the |
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1 | commissioner of another state, district or territory of the United States. As used in this subsection, |
2 | term "engage" includes employment and contracting. |
3 | (g) The commissioner may require a company to change any assumption or method that, |
4 | in the opinion of the commissioner, is necessary in order to comply with the requirements of the |
5 | valuation manual or this chapter; and the company shall adjust the reserves as required by the |
6 | commissioner. The commissioner may take other disciplinary action as permitted pursuant to § |
7 | 42-14-16. |
8 | 27-4.5-16. Confidentiality. -- (a) For purposes of this section, "confidential |
9 | information" shall mean: |
10 | (1) A memorandum in support of an opinion submitted under § 27-4-3 and any other |
11 | documents, materials, and other information, including, but not limited to, all working |
12 | papers, and copies thereof, created, produced, or obtained by, or disclosed to, the |
13 | commissioner or any other person in connection with such memorandum; |
14 | (2) All documents, materials, and other information, including, but not limited to, all |
15 | working papers, and copies thereof, created, produced, or obtained by, or disclosed to, the |
16 | commissioner or any other person in the course of an examination made under § 27-4.5- |
17 | 13(f); provided, however, that if an examination report or other material prepared in |
18 | connection with an examination made under chapter 27-13.1 of title 27 is not held as private |
19 | and confidential information under chapter 27-13.1 of title 27, an examination report or other |
20 | material prepared in connection with an examination made under § 27-4.5-13(f) of this |
21 | chapter shall not be "confidential information" to the same extent as if such examination |
22 | report or other material had been prepared in accordance with chapter 27-13.1 of title 27; |
23 | (3) Any reports, documents, materials and other information developed by a company |
24 | in support of, or in connection with, an annual certification by the company under |
25 | subdivision §27- 4.5- 14(b)(1)(2) of this chapter evaluating the effectiveness of the |
26 | company's internal controls with respect to a principle-based valuation and any other |
27 | documents, materials and other information, including, but not limited to, all working papers, |
28 | and copies thereof, created, produced, or obtained by, or disclosed to, the commissioner or |
29 | any other person in connection with such reports, documents, materials and other |
30 | information; |
31 | (4) Any principle-based valuation report developed under subdivision §27-4.5- |
32 | 14(b)(2) (3) and any other documents, materials, and other information, including, but not |
33 | limited to, all working papers, and copies thereof, created, produced, or obtained by, or |
| LC004513/SUB A - Page 9 of 13 |
1 | disclosed to, the commissioner or any other person in connection with such report; and |
2 | (5) Any documents, materials, data, and other information submitted by a company |
3 | under § 27-4.5- 15 (collectively, "experience data") and any other documents, materials, data, |
4 | and other information, including, but not limited to, all working papers, and copies thereof, |
5 | created or produced in connection with such experience data, in each case that include any |
6 | potentially company-identifying or personally identifiable information, that is provided to, or |
7 | obtained by, the commissioner (together with any "experience data", the "experience |
8 | materials") and any other documents, materials, data, and other information, including, but |
9 | not limited to, all working papers, and copies thereof, created, produced, or obtained by, or |
10 | disclosed to, the commissioner or any other person in connection with such experience |
11 | materials. |
12 | (b) Privilege for, and confidentiality of, confidential information. |
13 | (1) Except as provided in this § 27-4.5-16, a company's confidential information is |
14 | confidential by law and privileged, and shall not be subject to chapter 38-2 of title 38, shall |
15 | not be subject to subpoena and shall not be subject to discovery or admissible in evidence in |
16 | any private civil action; provided, however, that the commissioner is authorized to use the |
17 | confidential information in the furtherance of any regulatory or legal action brought against |
18 | the company as a part of the commissioner's official duties. |
19 | (2) Neither the commissioner, nor any person who received confidential information |
20 | while acting under the authority of the commissioner, shall be permitted or required to testify |
21 | in any private civil action concerning any confidential information. |
22 | (3) In order to assist in the performance of the commissioner's duties, the |
23 | commissioner may share confidential information: |
24 | (i) With other state, federal, and international regulatory agencies and with the NAIC |
25 | and its affiliates and subsidiaries; and (ii) In the case of confidential information specified in |
26 | subdivisions §§27-4.5-16(a)(1) and 27-4.5-16(a)(4) only, with the actuarial board for |
27 | counseling and discipline or its successor upon request stating that the confidential |
28 | information is required for the purpose of professional disciplinary proceedings and with |
29 | state, federal, and international law enforcement officials; in the case of subsections (a) and |
30 | (b), provided, that, such recipient agrees, and has the legal authority to agree, to maintain the |
31 | confidentiality and privileged status of such documents, materials, data, and other |
32 | information in the same manner, and to the same extent, as required for the commissioner. |
33 | (4) The commissioner may receive documents, materials, data, and other information, |
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1 | including otherwise confidential and privileged documents, materials, data, or information, |
2 | from the NAIC and its affiliates and subsidiaries, from regulatory or law enforcement |
3 | officials of other foreign or domestic jurisdictions and from the actuarial board for counseling |
4 | and discipline or its successor and shall maintain as confidential or privileged any document, |
5 | material, data, or other information received with notice or the understanding that it is |
6 | confidential or privileged under the laws of the jurisdiction that is the source of the |
7 | document, material or other information. |
8 | (5) The commissioner may enter into agreements governing sharing and use of |
9 | information consistent with § 27-4.5-16(b). |
10 | (6) No waiver of any applicable privilege or claim of confidentiality in the |
11 | confidential information shall occur as a result of disclosure to the commissioner under this |
12 | section or as a result of sharing as authorized in subdivision §27-4.5-16(b)(3). |
13 | (7) A privilege established under the law of any state or jurisdiction that is |
14 | substantially similar to the privilege established under § 27-4.5-16(b) shall be available and |
15 | enforced in any proceeding in, and in any court of, this state. |
16 | (8) In § 27-4.5-16 "regulatory agency," "law enforcement agency" and the "NAIC" |
17 | include, but are not limited to, their employees, agents, consultants, and contractors. |
18 | (c) Notwithstanding § 27-4.5-16(b), any confidential information specified in |
19 | subdivisions §§27-4.5-16(a)(1) and 27-4.5-14(a)(4): |
20 | (1) May be subject to subpoena for the purpose of defending an action seeking |
21 | damages from the appointed actuary submitting the related memorandum in support of an |
22 | opinion submitted under § 27-4.5-3 or principle-based valuation report developed under |
23 | subdivision §27-4.5-14(b)(3) by reason of an action required by this chapter or by regulations |
24 | promulgated hereunder; |
25 | (2) May otherwise be released by the commissioner with the written consent of the |
26 | company; and |
27 | (3) Once any portion of a memorandum in support of an opinion submitted under § |
28 | 27-4.5-3 or a principle-based valuation report developed under subdivision §27-4.5-14(b)(3) |
29 | is cited by the company in its marketing, or is publicly volunteered to or before a |
30 | governmental agency other than a state insurance department, or is released by the company |
31 | to the news media, all portions of such memorandum or report shall no longer be |
32 | confidential. |
33 | SECTION 3. Section 42-14-18 of the General Laws in Chapter 42-14 entitled |
| LC004513/SUB A - Page 11 of 13 |
1 | “Department of Business Regulation” is hereby amended to read as follows: |
2 | 42-14-18. Form and rate filing fees. – The following fees shall be charged for the |
3 | services of the division of insurance in reviewing policy or certificate forms, as those terms |
4 | are defined in § 27-29-2(f)(7), and related forms and rates that are required by law to be |
5 | submitted by insurers, as that term is defined in § 27-29-2(e)(4), for review and approval by |
6 | the director prior to use: |
7 | (1) For each policy or certificate form included in a single package, including any |
8 | related forms, rates, and other documents submitted in the same package – forty dollars |
9 | ($40.00); and |
10 | (2) For related forms or revised rates in connection with a policy that has been |
11 | previously approved, submitted in a single package, charged based upon the number of |
12 | policies involved – twenty-five dollars ($25.00). |
13 | (3) Fees shall be submitted with each filing and shall be deposited as general revenue. |
14 | These fees shall be in addition to any taxes and fees otherwise payable to the state. |
15 | (4) Before any form approved pursuant to chapter 27-2.5 of title 27 may be used in |
16 | the state of Rhode Island, the fees specified in this section must be paid. |
17 | SECTION 4. Section 27-20.7-14 of the General Laws in Chapter 27-20.7 entitled "Third |
18 | Party Health Insurance Administrators" is hereby amended to read as follows: |
19 | 27-20.7-14. Annual report and filing fee. -- (a) Each administrator shall file an annual |
20 | report for the preceding calendar year with the commissioner on or before March 1 of each year, |
21 | or within any extension of time for filing as the commissioner for good cause may grant. The |
22 | report shall be in the form and contain any matters that the commissioner prescribes and shall be |
23 | verified by at least two (2) officers of the administrator. |
24 | (b) The annual report shall include the complete names and addresses of all insurers with |
25 | which the administrator had an agreement during the preceding fiscal year. |
26 | (c) At the time of filing its annual report, the administrator shall pay a filing fee as |
27 | required by the commissioner. |
28 | SECTION 5. This act shall take effect upon passage. |
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| LC004513/SUB A - Page 12 of 13 |
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. |
4 | This act would take effect upon passage. |
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| LC004513/SUB A - Page 13 of 13 |