1. (1) The commissioner may adopt rules applicable to reinsurance agreements as provided in this section.

2. (2) A rule adopted under this section may only apply to reinsurance relating to:

   1. (a) Life insurance policies with guaranteed nonlevel gross premiums or guaranteed nonlevel benefits;
   2. (b) Universal life insurance policies with provisions resulting in the ability of a policyholder to keep a policy in force over a secondary guarantee period;
   3. (c) Variable annuities with guaranteed death or living benefits;
   4. (d) Long-term care insurance policies; or
   5. (e) Such other life and health insurance and annuity products as to which the national association of insurance commissioners adopts model regulatory requirements with respect to credit for reinsurance.

3. (3) A rule adopted under subsection (2)(a) or (b) of this section may apply to any treaty containing:

   1. (a) Policies issued on or after January 1, 2015; and
   2. (b) Policies issued before January 1, 2015, if risk pertaining to these policies is ceded in connection with the treaty, in whole or in part, on or after January 1, 2015.
4. (4) A rule adopted under this section may require the ceding insurer, in calculating the amounts or forms of security required to be held under rule, to use the valuation manual adopted by the national association of insurance commissioners under RCW 48.74.100(2)(a), including all amendments adopted by the national association of insurance commissioners and in effect on the date as of which the calculation is made, to the extent applicable.

5. (5) A rule adopted under this section shall not apply to cessions to an assuming insurer that:

   1. (a) Meets the conditions set forth in RCW 48.12.462;
   2. (b) Is certified under RCW 48.12.430 in this state; or

   3. (c) Maintains at least two hundred fifty million dollars in capital and surplus when determined in accordance with the national association of insurance commissioners' accounting practices and procedures manual, including all amendments adopted by the national association of insurance commissioners as of July 25, 2021, excluding the impact of any permitted or prescribed practices, and:

      1. (i) Is licensed in at least twenty-six states; or
      2. (ii) Is either licensed or accredited in a total of at least thirty-five states and maintains licensure in at least ten states under this subsection (5)(c)(ii).
6. (6) The authority to adopt rules under this section does not limit the commissioner's general authority to adopt rules under RCW 48.12.480.

[ 2021 c 138 s 5.]