PURPOSE: The purpose of this rule is to recognize, permit, and prescribe the use of mortality tables that reflect differences in mortality between preferred and standard lives in determining minimum reserve liabilities in accordance with the 2001 Commissioners’ Standard Ordinary (CSO) Mortality Table in accordance with sections 376.380.1 and 376.670.9, RSMo, and 20 CSR 200- 1.160(5)(A) and (B). (1) Definitions.

1. (A) “2001 CSO Mortality Table” means that mortality table, consisting of separate rates of mortality for male and female lives, developed by the American Academy of Actuaries Commissioners’ Standard Ordinary

2. (CSO) Task Force from the Valuation Basic Mortality Table developed by the Society of Actuaries Individual Life Insurance Valuation Mortality Task Force, and adopted by the National Association of Insurance Commissioners (NAIC) in December 2002. The 2001 CSO Mortality Table is included in the Proceedings of the NAIC (2nd Quarter 2002) and supplemented by the 2001 CSO Preferred Class Structure Mortality Table defined below in subsection (1)(B). Unless the context indicates otherwise, the 2001 CSO Mortality Table includes both the ultimate form of that table and the select and ultimate form of that table and includes both the smoker and nonsmoker mortality tables and the composite mortality tables. It also includes both the age-nearest-birthday and age-last-birthday bases of the mortality tables. Mortality tables in the 2001 CSO Mortality Table include the following:

   1. 1. “2001 CSO Mortality Table (F)”

means that mortality table consisting of the rates of mortality for female lives from the 2001 CSO Mortality Table;

1. 2. “2001 CSO Mortality Table (M)”

means that mortality table consisting of the rates of mortality for male lives from the 2001 CSO Mortality Table;

1. 3. “Composite mortality tables” means

mortality tables with rates of mortality that do not distinguish between smokers and nonsmokers; and

1. 4. “Smoker and nonsmoker mortality

tables” means mortality tables with separate rates of mortality for smokers and nonsmokers. (B)“2001 CSO Preferred Class Structure Mortality Table” means mortality tables with separate rates of mortality for super-preferred nonsmokers, preferred nonsmokers, residual standard nonsmokers, preferred smokers, and residual standard smoker splits of the 2001 CSO Nonsmoker and Smoker Tables, as adopted by the NAIC at the September 2006 national meeting and published in the NAIC Proceedings (3rd Quarter 2006). Unless the context indicates otherwise, the 2001 CSO Preferred Class Structure Mortality Table includes both the ultimate form of that table and the select and ultimate form of that table. It includes both the smoker and nonsmoker mortality tables. It includes both the male and female mortality tables and the gender composite mortality tables. It also includes both the age-nearest-birthday and age-last-birthday bases of the mortality table.

1. (C) “Statistical agent” means an entity with proven systems for protecting the confidentiality of individual insured and insurer information; demonstrated resources for and history of ongoing electronic communications and data transfer ensuring data integrity with insurers, which are its members or subscribers; and a history of and means for aggregation of data and accurate promulgation of the experience modifications in a timely manner.

1. (2) 2001 CSO Preferred Class Structure Mortality Table.

   1. (A) At the election of the insurer, for each calendar year of issue, for any one (1) or more specified plans of insurance, and subject to satisfying the conditions stated in this regulation, the 2001 CSO Preferred Class Structure Mortality Table may be substituted in place of the 2001 CSO Smoker or Nonsmoker Mortality Table as the minimum valuation standard for policies issued on or after January 1, 2004. No such election shall be made until the insurer or company demonstrates at least twenty percent (20%) of the business to be valued on this table is in one

2. (1) or more of the preferred classes.

   1. (B) A table from the 2001 CSO Preferred Class Structure Mortality Table used in place of a 2001 CSO Mortality Table, pursuant to the requirements of this rule, will be treated as part of the 2001 CSO Mortality Table only for purposes of reserve valuation pursuant to the requirements of the NAIC model regulation, “Recognition of the 2001 CSO Mortality Table For Use In Determining Minimum Reserve Liabilities And Nonforfeiture Benefits Model Regulation.”

3. (3) Conditions.

   1. (A) For each plan of insurance with separate rates for preferred and standard nonsmoker lives, an insurer or company may use the super-preferred nonsmoker, preferred nonsmoker, and residual standard nonsmoker tables to substitute for the nonsmoker mortality table found in the 2001 CSO Mortality Table to determine minimum reserves. At the time of election and annually thereafter, except for business valued under the residual standard nonsmoker table, the appointed actuary shall certify that:

      1. 1. The present value of death benefits

over the next ten (10) years after the valuation date, using the anticipated mortality experience without recognition of mortality improvement beyond the valuation date for each class, is less than the present value of death benefits using the valuation basic table corresponding to the valuation table being used for that class; and

1. 2. The present value of death benefits

over the future life of the contracts, using anticipated mortality experience without recognition of mortality improvement beyond the valuation date for each class, is less than the present value of death benefits using the valuation basic table corresponding to the valuation table being used for that class.

1. (B) For each plan of insurance with separate rates for preferred and standard smoker lives, an insurer may use the preferred smoker and residual standard smoker tables to substitute for the smoker mortality table found in the 2001 CSO Mortality Table to determine minimum reserves. At the time of election and annually thereafter, for business valued under the preferred smoker table, the appointed actuary shall certify that:

   1. 1. The present value of death benefits

over the next ten (10) years after the valuation date, using the anticipated mortality experience without recognition of mortality improvement beyond the valuation date for each class, is less than the present value of death benefits using the preferred smoker valuation basic table corresponding to the valuation table being used for that class; and

1. 2. The present value of death benefits

over the future life of the contracts, using anticipated mortality experience without recognition of mortality improvement beyond the valuation date for each class, is less than the present value of death benefits using the preferred smoker valuation basic table.

1. (C) Unless exempted by the director, every authorized insurer or company using the 2001 CSO Preferred Class Structure Mortality Table shall annually file with the director, with the NAIC, or with a statistical agent designated by the NAIC and acceptable to the director, statistical reports showing mortality and such other information as the director may deem necessary or expedient for the administration of the provisions of this regulation. The form of the reports shall be established by the director or the director may require the use of a form established by the NAIC or by a statistical agent designated by the NAIC and acceptable to the director.

AUTHORITY: section 374.045, RSMo Supp. 2010 and sections 376.380, 376.670, and 376.676, RSMo 2000.* Original rule filed May 28, 2008, effective Nov. 30, 2008. Emergency amendment filed Dec. 17, 2008, effective Dec. 31, 2008, expired June 29, 2009. Amended: Filed Dec. 17, 2008, effective July 30, 2009. Amended: Filed Feb. 14, 2011, effective Aug. 30, 2011.

*Original authority: 374.045, RSMo 1967, amended 1993, 1995, 2008; 376.380, RSMo 1939, amended 1943, 1947, 1959, 1961, 1965, 1971, 1975, 1979, 1982, 1993; 376.670, RSMo 1943, amended 1959, 1961, 1965, 1975, 1979, 1982; and 376.676, RSMo 2000.