1. 1. Life insurance policies with guaranteed nonlevel gross premiums or guaranteed nonlevel benefits, except for flexible premium universal life insurance policies; or

2. 2. Flexible premium universal life insurance policies with provisions resulting in the ability of a policyholder to keep a policy in force over a secondary guarantee period.

   "Grandfathered policies" means policies of the types described in the "covered policy" definition that were:

3. 1. Issued prior to January 1, 2015; and

4. 2. Ceded, as of December 31, 2014, as part of a reinsurance treaty that would not have met one of the exemptions set forth in 14VAC5-318-40 had that section then been in effect.

   "NAIC" means the National Association of Insurance Commissioners.

   "Noncovered policy" means any policy that does not meet the definition of covered policy, including grandfathered policies.

   "Required level of primary security" means the dollar amount determined by applying the actuarial method to the risks ceded with respect to covered policies, but not more than the total reserve ceded.

   "Primary security" means the following forms of security:

5. 1. Cash meeting the requirements of subdivision 2 a of § 38.2-1316.4 of the Code of Virginia;
6. 2. Securities listed by the Securities Valuation Office meeting the requirements of subdivision 2 b of § 38.2-1316.4 of the Code of Virginia, but excluding any synthetic letter of credit, contingent note, credit-linked note, or other similar security that operates in a manner similar to a letter of credit, and excluding any securities issued by the ceding insurer or any of its affiliates; and

7. 3. For security held in connection with funds-withheld and modified coinsurance reinsurance treaties:

   1. a. Commercial loans in good standing of CM3 quality and higher as calculated for the life risk-based capital report;
   2. b. Policy loans; and

   3. c. Derivatives acquired in the normal course and used to support and hedge liabilities pertaining to the actual risks in the policies ceded pursuant to the reinsurance treaty.

      "Other security" means any security acceptable to the commission other than security meeting the definition of primary security.

      "Valuation manual" means the valuation manual adopted by the NAIC as described in subdivision B 1 of § 38.2-1379 of the Code of Virginia, with all amendments adopted by the NAIC that are effective for the financial statement date on which credit for reinsurance is claimed.

      "VM-20" means "requirements for principle-based reserves for life products," including all relevant definitions, from the valuation manual.

The following words and terms when used in this chapter shall have the following meanings, unless the context clearly indicates otherwise:

"Actuarial method" means the methodology used to determine the required level of primary security, as described in 14VAC5-318-50.

"Commission" means the State Corporation Commission when acting pursuant to or in accordance with Title 38.2 of the Code of Virginia.

"Covered policy" means, subject to the exemptions described in 14VAC5-318-40, those policies, other than grandfathered policies, of the following policy types:

Statutory Authority

§§ 12.1-13, 38.2-223, and 38.2-1316.7 of the Code of Virginia.

Historical Notes

Derived from Virginia Register Volume 34, Issue 9, eff. January 1, 2018.