2014 -- S 2784 SUBSTITUTE A AS AMENDED | |
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LC004223/SUB A | |
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STATE OF RHODE ISLAND | |
IN GENERAL ASSEMBLY | |
JANUARY SESSION, A.D. 2014 | |
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A N A C T | |
RELATING TO INSURANCE -- THE STANDARD NON-FORFEITURE LAW FOR LIFE | |
INSURANCE | |
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Introduced By: Senator Roger Picard | |
Date Introduced: March 25, 2014 | |
Referred To: Senate Commerce | |
(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 as |
5 | 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 be |
18 | 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 not |
11 | change from those stipulated at the date of issue of the policy. At the time of any change in the |
12 | 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 specified |
18 | plans of life insurance, the cCommissioners 1980 sStandard oOrdinary mMortality tTable with |
19 | ten-(10) year (10) select mortality factors; adjusted premiums and present values shall for all |
20 | policies of industrial insurance be calculated on the basis of the cCommissioners 1961 sStandard |
21 | iIndustrial mMortality tTable; for all policies issued in a particular calendar year be calculated on |
22 | the basis of a rate of interest not exceeding the nonforfeiture interest rate as defined in this |
23 | section, for policies issued in that calendar year. Provided, however that: |
24 | (1) At the option of the insurance company, calculations for all policies issued in a |
25 | particular calendar year may be made on the basis of a rate of interest not exceeding the |
26 | nonforfeiture interest rate, as defined in this section, for policies issued in the immediately |
27 | preceding calendar year; |
28 | (2) Under any paid-up nonforfeiture benefit, including any paid-up dividend additions, |
29 | any cash surrender value available, whether or not required by section §27-4.3-2, shall be |
30 | calculated on the basis of the mortality table and rate of interest used in determining the amount |
31 | of any paid-up nonforfeiture benefit and paid-up dividend additions, if any; |
32 | (3) An insurance company may calculate the amount of any guaranteed paid-up |
33 | nonforfeiture benefit including any paid-up additions under the policy on the basis of an interest |
34 | rate no lower than that specified in the policy for calculating cash surrender values; |
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1 | (4) In calculating the present value of any paid-up term insurance with accompanying |
2 | pure endowment, if any, offered as a nonforfeiture benefit, the rates of mortality assumed may be |
3 | not more than those shown in the cCommissioners 1980 eExtended tTerm iInsurance tTable for |
4 | policies of ordinary insurance and not more than the cCommissioners 1961 iIndustrial eExtended |
5 | tTerm iInsurance tTable for policies of industrial insurance; |
6 | (5) For insurance issued on a substandard basis, the calculation of any adjusted |
7 | premiums and present values may be based on appropriate modifications of the tables mentioned |
8 | in this subsection; |
9 | (6) (i) For policies issued prior to the operative date of the valuation manual, any |
10 | commissioners' standard Commissioners Standard oOrdinary mMortality tTables, adopted after |
11 | 1980 by the National Association of Insurance Commissioners, that are approved by regulation |
12 | promulgated by the commissioner of insurance for use in determining the minimum nonforfeiture |
13 | standard, may be substituted for the cCommissioners 1980 sStandard oOrdinary mMortality |
14 | tTable with or without ten-(10) year (10) select mortality factors or for the cCommissioners 1980 |
15 | eExtended tTerm iInsurance tTable. |
16 | (ii) For policies issued on or after the operative date of the valuation manual the |
17 | valuation manual shall provide the commissioners' standard Commissioners Standard mMortality |
18 | tTable for use in determining the minimum nonforfeiture standard that may be substituted for the |
19 | cCommissioners 1980 Standard Ordinary Mortality Table with or without ten-(10) year (10) |
20 | Select Mortality Factors or for the Commissioners 1980 Extended-Term Insurance Table. If the |
21 | commissioner approves by regulation any commissioners' standard Commissioners Standard |
22 | oOrdinary mMortality tTable adopted by the NAIC for use in determining the minimum |
23 | nonforfeiture standard for policies issued on or after the operative date of the valuation manual, |
24 | then that minimum nonforfeiture standard supersedes the minimum nonforfeiture standard |
25 | 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 iIndustrial mMortality tTables, adopted after |
28 | 1980 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 cCommissioners 1961 sStandard iIndustrial mMortality |
31 | tTables or the cCommissioners 1961 iIndustrial eExtended tTerm iInsurance tTable. |
32 | (ii) For policies issued on or after the operative date of the valuation manual the |
33 | valuation manual shall provide the commissioners' standard Commissioners Standard mMortality |
34 | tTable for use 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 iIndustrial mMortality tTable adopted by the NAIC for use in |
4 | determining the minimum nonforfeiture standard for policies issued on or after the operative date |
5 | of the valuation manual then that minimum nonforfeiture standard supersedes the minimum |
6 | 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%); provided, however, that the nonforfeiture interest rate shall not be less than |
13 | four percent (4%) . |
14 | (B) For policies issued on and after the operative date of the valuation manual, the |
15 | nonforfeiture interest rate per annum for any policy issued in a particular calendar year shall be |
16 | provided by the valuation manual. |
17 | (j) Notwithstanding any other provision in this title to the contrary, any re-filing of |
18 | nonforfeiture values or their methods of computation for any previously approved policy form |
19 | which that involves only a change in the interest rate or mortality table used to compute |
20 | nonforfeiture values shall not require re-filing of any other provisions of that policy form. |
21 | SECTION 2. Sections 27-4.5-1, 27-4.5-13 and 27-4.5-16 of the General Laws in Chapter |
22 | 27-4.5 entitled "The Standard Valuation Law" are hereby amended to read as follows: |
23 | 27-4.5-1. Short title and definitions. -- (a) This chapter shall be known as the "Standard |
24 | Valuation Law." |
25 | (b) For the purpose of this chapter, the following definitions shall apply on or after the |
26 | operative date of the valuation manual: |
27 | (1) "Accident and health insurance" means contracts that incorporate morbidity risk and |
28 | provide protection against economic loss resulting from accident, sickness, or medical conditions |
29 | and as may be specified in the valuation manual. |
30 | (2) "Appointed actuary" means a qualified actuary who is appointed in accordance with |
31 | the valuation manual to prepare the actuarial opinion required in subsection §27-4.5-3(a)(b). |
32 | (3) "Commissioner of insurance" means the director of the department of business |
33 | regulation, or his or her designee. |
34 | (4) "Company" means an entity, which that: (i) Has written, issued, or reinsured life |
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1 | insurance contracts, accident and health insurance contracts, or deposit-type contracts in this state |
2 | and has at least one such policy in force or one claim; or (ii) Has written, issued, or reinsured life |
3 | insurance contracts, accident and health insurance contracts, or deposit-type contracts in any state |
4 | and is required to hold a certificate of authority to write life insurance, accident and health |
5 | insurance, or deposit-type contracts in this state. |
6 | (5) "Deposit-type contract" means contracts that do not incorporate mortality or |
7 | morbidity risks and as may be specified in the valuation manual. |
8 | (6) "Life insurance" means contracts that incorporate mortality risk, including annuity |
9 | and pure endowment contracts, and as may be specified in the valuation manual. |
10 | (7) "NAIC" means the National Association of Insurance Commissioners. |
11 | (8) "Policyholder behavior" means any action a policyholder, contract holder, or any |
12 | other person with the right to elect options, such as a certificate holder, may take under a policy |
13 | or contract subject to this chapter including, but not limited to, lapse, withdrawal, transfer, |
14 | deposit, premium payment, loan, annuitization, or benefit elections prescribed by the policy or |
15 | contract, but excluding events of mortality or morbidity that result in benefits prescribed in their |
16 | essential aspects by the terms of the policy or contract. |
17 | (9) "Principle-based valuation" means a reserve valuation that uses one or more methods |
18 | or one or more assumptions determined by the insurer and is required to comply with section §27- |
19 | 4.5-14 as specified in the valuation manual. |
20 | (10) "Qualified actuary" means an individual who is qualified to sign the applicable |
21 | statement of actuarial opinion in accordance with the American Academy of Actuaries |
22 | qualification standards for actuaries signing such statements and who meets the requirements |
23 | specified in the valuation manual. |
24 | (11) "Tail risk" means a risk that occurs either where the frequency of low probability |
25 | events is higher than expected under a normal probability distribution or where there are observed |
26 | events of very significant size or magnitude. |
27 | (12) "Valuation manual" means the manual of valuation instructions adopted by the |
28 | NAIC as specified in this chapter or as subsequently amended. |
29 | 27-4.5-13. Valuation manual for policies issued on or after the operative date of the |
30 | valuation manual. -- (a) For policies issued on or after the operative date of the valuation |
31 | manual, the standard prescribed in the valuation manual is the minimum standard of valuation |
32 | required under subsection §27-4.5-2(b), except as provided under subsections (e) or (g) of this |
33 | section. |
34 | (b) The operative date of the valuation manual is January 1 of the first calendar year |
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1 | following the first July 1 as of which all of the following have occurred: |
2 | (1) The valuation manual has been adopted by the NAIC by an affirmative vote of at |
3 | least forty-two (42) members, or three-fourths (3/4) of the members voting, whichever is greater. |
4 | (2) The Standard Valuation Law, as amended by the NAIC in 2009, or legislation |
5 | including substantially similar terms and provisions, has been enacted by states representing |
6 | greater than seventy-five percent (75%) of the direct premiums written as reported in the |
7 | following annual statements submitted for 2008: life, accident and health annual statements; |
8 | health annual statements; or fraternal annual statements. |
9 | (3) The Standard Valuation Law, as amended by the NAIC in 2009, or legislation |
10 | including substantially similar terms and provisions, has been enacted by at least forty-two (42) |
11 | of the following fifty-five (55) jurisdictions: The fifty (50) States of the United States, American |
12 | Samoa, the American Virgin Islands, the District of Columbia, Guam, and Puerto Rico. |
13 | (c) Unless a change in the valuation manual specifies a later effective date, changes to |
14 | the valuation manual shall be effective on January 1 following the date when all of the following |
15 | have occurred: |
16 | (1) The change to the valuation manual has been adopted by the NAIC by an affirmative |
17 | vote representing: |
18 | (i) At least three-fourths (3/4) of the members of the NAIC voting, but not less than a |
19 | majority of the total membership, and |
20 | (ii) Members of the NAIC representing jurisdictions totaling greater than seventy-five |
21 | percent (75%) of the direct premiums written as reported in the following annual statements most |
22 | recently available prior to the vote in subsection (c)(1)(i): life, accident and health annual |
23 | statements,; health annual statements,; or fraternal annual statements. |
24 | (2) The valuation manual becomes effective pursuant to a regulation adopted by the |
25 | commissioner. |
26 | (d) The valuation manual must specify all of the following: |
27 | (1) Minimum-valuation standards for and definitions of the policies or contracts subject |
28 | to subsection §27-4.5-2(b). Such minimum-valuation standards shall be: |
29 | (i) The commissioner's Commissioners reserve valuation method for life insurance |
30 | contracts, other than annuity contracts, subject to subsection §27-4.5-2(b); |
31 | (ii) The commissioner's Commissioners annuity reserve valuation method for annuity |
32 | contracts subject to subsection §27-4.5-2(b); and |
33 | (iii) Minimum reserves for all other policies or contracts subject to subsection §27-4.5- |
34 | 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 subsection §27-4.5-14(a) and the minimum- |
3 | valuation standards consistent with those requirements; |
4 | (3) For policies and contracts subject to a principle-based valuation under section §27- |
5 | 4.5-14: |
6 | (i) Requirements for the format of reports to the commissioner under subdivision 27-4.5- |
7 | 14(b)(2) §27-4.5-14(b)(3) and which shall include information necessary to determine if the |
8 | valuation is appropriate and in compliance with this chapter; |
9 | (ii) Assumptions shall be prescribed for risks over which the company does not have |
10 | significant control or influence. |
11 | (iii) Procedures for corporate governance and oversight of the actuarial function, and a |
12 | process for appropriate waiver or modification of such procedures. |
13 | (4) For policies not subject to a principle-based valuation under section §27-4.5-14, the |
14 | minimum valuation standard shall either: |
15 | (i) Be consistent with the minimum standard of valuation prior to the operative date of |
16 | the valuation manual; or |
17 | (ii) Develop reserves that quantify the benefits and guarantees, and the funding, |
18 | associated with the contracts and their risks at a level of conservatism that reflects conditions that |
19 | include unfavorable events that have a reasonable probability of occurring. |
20 | (5) Other requirements, including, but not limited to, those relating to reserve methods, |
21 | models for measuring risk, generation of economic scenarios, assumptions, margins, use of |
22 | company experience, risk measurement, disclosure, certifications, reports, actuarial opinions and |
23 | memorandums, transition rules and internal controls; and |
24 | (6) The data and form of the data required under section §27-4.5-15, with whom which |
25 | the data must be submitted, and may specify other requirements including data analyses and |
26 | reporting of analyses. |
27 | (e) In the absence of a specific-valuation requirement or if a specific-valuation |
28 | requirement in the valuation manual is not, in the opinion of the commissioner, in compliance |
29 | with this chapter, then the company shall, with respect to such requirements, comply with |
30 | minimum-valuation standards prescribed by the commissioner by regulation. |
31 | (f) The commissioner may engage a qualified actuary, at the expense of the company, to |
32 | perform an actuarial examination of the company and opine on the appropriateness of any reserve |
33 | assumption or method used by the company, or to review and opine on a company's compliance |
34 | with any requirement set forth in this chapter. The commissioner may rely upon the opinion, |
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1 | regarding provisions contained within this chapter, of a qualified actuary engaged by the |
2 | commissioner of another state, district or territory of the United States. As used in this subsection, |
3 | term "engage" includes employment and contracting. |
4 | (g) The commissioner may require a company to change any assumption or method that, |
5 | in the opinion of the commissioner, is necessary in order to comply with the requirements of the |
6 | valuation manual or this chapter; and the company shall adjust the reserves as required by the |
7 | commissioner. The commissioner may take other disciplinary action as permitted pursuant to |
8 | section §42-14-16. |
9 | 27-4.5-16. Confidentiality. -- (a) For purposes of this section, "confidential information" |
10 | shall mean: |
11 | (1) A memorandum in support of an opinion submitted under section §27-4-3 and any |
12 | other documents, materials, and other information, including, but not limited to, all working |
13 | papers, and copies thereof, created, produced, or obtained by, or disclosed to, the commissioner |
14 | or any other person in connection with such memorandum; |
15 | (2) All documents, materials, and other information, including, but not limited to, all |
16 | working papers, and copies thereof, created, produced, or obtained by, or disclosed to, the |
17 | commissioner or any other person in the course of an examination made under subsection §27- |
18 | 4.5-13(f); provided, however, that if an examination report or other material prepared in |
19 | connection with an examination made under chapter 27-13.1 of title 27 is not held as private and |
20 | confidential information under chapter 27-13.1 of title 27, an examination report or other material |
21 | prepared in connection with an examination made under subsection §27-4.5-13(f) of this chapter |
22 | shall not be "confidential information" to the same extent as if such examination report or other |
23 | material had been prepared in accordance with chapter 27-13.1 of title 27; |
24 | (3) Any reports, documents, materials, and other information developed by a company in |
25 | support of, or in connection with, an annual certification by the company under subdivision §27- |
26 | 4.5-14(b)(1)(2) of this chapter evaluating the effectiveness of the company's internal controls with |
27 | respect to a principle-based valuation and any other documents, materials and other information, |
28 | including, but not limited to, all working papers, and copies thereof, created, produced, or |
29 | obtained by, or disclosed to, the commissioner or any other person in connection with such |
30 | reports, documents, materials and other 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 limited |
33 | to, all working papers, and copies thereof, created, produced, or obtained by, or disclosed to, the |
34 | commissioner or any other person in connection with such report; and |
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1 | (5) Any documents, materials, data, and other information submitted by a company |
2 | under section §27-4.5-15 (collectively, "experience data") and any other documents, materials, |
3 | data, and other information, including, but not limited to, all working papers, and copies thereof, |
4 | created or produced in connection with such experience data, in each case that include any |
5 | potentially company-identifying or personally identifiable information, that is provided to, or |
6 | obtained by, the commissioner (together with any "experience data", the "experience materials") |
7 | and any other documents, materials, data, and other information, including, but not limited to, all |
8 | working papers, and copies thereof, created, produced, or obtained by, or disclosed to, the |
9 | commissioner or any other person in connection with such experience materials. |
10 | (b) Privilege for, and confidentiality of, confidential information. |
11 | (1) Except as provided in this section §27-4.5-16, a company's confidential information |
12 | is confidential by law and privileged, and shall not be subject to chapter 38-2 of title 38, shall not |
13 | be subject to subpoena and shall not be subject to discovery or admissible in evidence in any |
14 | private civil action; provided, however, that the commissioner is authorized to use the |
15 | confidential information in the furtherance of any regulatory or legal action brought against the |
16 | company as a part of the commissioner's official duties. |
17 | (2) Neither the commissioner, nor any person who received confidential information |
18 | while acting under the authority of the commissioner, shall be permitted or required to testify in |
19 | any private civil action concerning any confidential information. |
20 | (3) In order to assist in the performance of the commissioner's duties, the commissioner |
21 | may share confidential information: |
22 | (i) With other state, federal, and international regulatory agencies and with the NAIC and |
23 | its affiliates and subsidiaries; and (ii) In the case of confidential information specified in |
24 | subdivisions §§27-4.5-16(a)(1) and 27-4.5-16(a)(4) only, with the actuarial board for counseling |
25 | and discipline or its successor upon request stating that the confidential information is required |
26 | for the purpose of professional disciplinary proceedings, and with state, federal, and international |
27 | law enforcement officials; in the case of subsections (a) and (b), provided, that, such recipient |
28 | agrees, and has the legal authority to agree, to maintain the confidentiality and privileged status of |
29 | such documents, materials, data, and other information in the same manner, and to the same |
30 | extent, as required for the commissioner. |
31 | (4) The commissioner may receive documents, materials, data, and other information, |
32 | including otherwise confidential and privileged documents, materials, data, or information, from |
33 | the NAIC and its affiliates and subsidiaries, from regulatory or law enforcement officials of other |
34 | foreign or domestic jurisdictions and from the actuarial board for counseling and discipline or its |
| LC004223/SUB A - Page 10 of 13 |
1 | successor and shall maintain as confidential or privileged any document, material, data, or other |
2 | information received with notice or the understanding that it is confidential or privileged under |
3 | the laws of the jurisdiction that is the source of the document, material or other information. |
4 | (5) The commissioner may enter into agreements governing sharing and use of |
5 | information consistent with subsection §27-4.5-16(b). |
6 | (6) No waiver of any applicable privilege or claim of confidentiality in the confidential |
7 | information shall occur as a result of disclosure to the commissioner under this section or as a |
8 | result of sharing as authorized in subdivision §27-4.5-16(b)(3). |
9 | (7) A privilege established under the law of any state or jurisdiction that is substantially |
10 | similar to the privilege established under subsection §27-4.5-16(b) shall be available and enforced |
11 | in any proceeding in, and in any court of, this state. |
12 | (8) In section §27-4.5-16 "regulatory agency," "law enforcement agency" and the |
13 | "NAIC" include, but are not limited to, their employees, agents, consultants, and contractors. |
14 | (c) Notwithstanding subsection §27-4.5-16(b), any confidential information specified in |
15 | subdivisions §27-4.5-16(a)(1) and 27-4.5-14(a)(4): |
16 | (1) May be subject to subpoena for the purpose of defending an action seeking damages |
17 | from the appointed actuary submitting the related memorandum in support of an opinion |
18 | submitted under section §27-4.5-3 or principle-based valuation report developed under |
19 | subdivision §27-4.5-14(b)(3) by reason of an action required by this chapter or by regulations |
20 | promulgated hereunder; |
21 | (2) May otherwise be released by the commissioner with the written consent of the |
22 | company; and |
23 | (3) Once any portion of a memorandum in support of an opinion submitted under section |
24 | §27-4.5-3 or a principle-based valuation report developed under subdivision §27-4.5-14(b)(3) is |
25 | cited by the company in its marketing, or is publicly volunteered to or before a governmental |
26 | agency other than a state insurance department, or is released by the company to the news media, |
27 | all portions of such memorandum or report shall no longer be confidential. |
28 | SECTION 3. Section 42-14-18 of the General Laws in Chapter 42-14 entitled |
29 | "Department of Business Regulation" is hereby amended to read as follows: |
30 | 42-14-18. Form and rate filing fees. -- The following fees shall be charged for the |
31 | services of the division of insurance in reviewing policy or certificate forms, as those terms are |
32 | defined in section §27-29-2(f)(7), and related forms and rates that are required by law to be |
33 | submitted by insurers, as that term is defined in section §27-29-2(e)(4), for review and approval |
34 | by the director prior to use: |
| LC004223/SUB A - Page 11 of 13 |
1 | (1) For each policy or certificate form included in a single package, including any related |
2 | forms, rates, and other documents submitted in the same package -- forty dollars ($40.00); and |
3 | (2) For related forms or revised rates in connection with a policy that has been |
4 | previously approved, submitted in a single package, charged based upon the number of policies |
5 | involved -- twenty-five dollars ($25.00). |
6 | (3) Fees shall be submitted with each filing and shall be deposited as general revenue. |
7 | These fees shall be in addition to any taxes and fees otherwise payable to the state. |
8 | (4) Before any form approved pursuant to chapter 27-2.5 of title 27 may be used in the |
9 | state of Rhode Island, the fees specified in this section must be paid. |
10 | SECTION 4. Section 27-20.7-14 of the General Laws in Chapter 27-20.7 of title 27 |
11 | entitled "Third Party Health Insurance Administrators" is hereby amended to read as follows: |
12 | 27-20.7-14. Annual report and filing fee. -- (a) Each administrator shall file an annual |
13 | report for the preceding calendar year with the commissioner on or before March 1 of each year, |
14 | or within any extension of time for filing as the commissioner for good cause may grant. The |
15 | report shall be in the form and contain any matters that the commissioner prescribes and shall be |
16 | verified by at least two (2) officers of the administrator. |
17 | (b) The annual report shall include the complete names and addresses of all insurers with |
18 | which the administrator had an agreement during the preceding fiscal year. |
19 | (c) At the time of filing its annual report, the administrator shall pay a filing fee as |
20 | required by the commissioner. |
21 | SECTION 5. This act shall take effect upon passage. |
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LC004223/SUB A | |
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| LC004223/SUB A - Page 12 of 13 |
EXPLANATION | |
BY THE LEGISLATIVE COUNCIL | |
OF | |
A N A C T | |
RELATING TO INSURANCE -- THE STANDARD NON-FORFEITURE 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. |
3 | This act would take effect upon passage. |
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LC004223/SUB A | |
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| LC004223/SUB A - Page 13 of 13 |