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Proposed Committee Substitute — Senate Bill 299, NCDOI NAIC Accreditation (S299-CSBH-12 v.5)

Summary

Proposed committee substitute S299-CSBH-12 [v.5] for Senate Bill 299 of the General Assembly of North Carolina, an act to maintain NAIC accreditation of the Department of Insurance by making revisions to the laws governing credit for reinsurance and reserve financing. Part I, NAIC Accreditation Changes: Credit for Reinsurance, rewrites provisions on certified reinsurers and on credit for reinsurance in a reciprocal jurisdiction. Credit shall be allowed when the assuming insurer is licensed to transact reinsurance in a reciprocal jurisdiction and maintains minimum capital and surplus of no less than two hundred fifty million dollars ($250,000,000). Section 3 states the act becomes effective September 1, 2021, and applies to all covered policies entered into, amended, or renewed on or after that date.

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“Proposed Committee Substitute — Senate Bill 299, NCDOI NAIC Accreditation (S299-CSBH-12 v.5).” Archived at Pandemic Darlings, https://pandemicdarlings.com/source-documents/2021-05-06-s299-csbh-12-v5-096161bf80/, SHA-256 ca52763fe4fc05019c89c731cadf1cd218229ae96331dfbd22262c567ab6cf87.

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                          GENERAL ASSEMBLY OF NORTH CAROLINA
                                      SESSION 2021
     S                                                                                                  D
                                  SENATE BILL 299
                    PROPOSED COMMITTEE SUBSTITUTE S299-CSBH-12 [v.5]
                                            05/03/2021 05:52:47 PM
     Short Title:   NCDOI NAIC Accreditation.-AB                                                  (Public)
     Sponsors:
     Referred to:
                                               March 16, 2021

 1                                  A BILL TO BE ENTITLED
 2   AN ACT TO MAINTAIN NAIC ACCREDITATION OF THE DEPARTMENT OF
 3      INSURANCE BY MAKING REVISIONS TO THE LAWS GOVERNING CREDIT FOR
 4      REINSURANCE AND RESERVE FINANCING.
 5   The General Assembly of North Carolina enacts:
 6
 7   PART I. NAIC ACCREDITATION CHANGES: CREDIT FOR REINSURANCE
 8               SECTION 1. G.S. 58-7-21(b) reads as rewritten:
 9       "(b) Credit for reinsurance shall be allowed a domestic ceding insurer as either an asset or
10   a reduction from liability on account of reinsurance ceded only when the reinsurer meets the
11   requirements of subdivisions (1), (2), (3), (4), 4(a), [(4a),] (4a), (4b), or (5) of this subsection.
12   Credit shall be allowed under subdivision (1), (2), or (3) of this subsection only with regard to
13   cessions of those kinds or classes of business in which the assuming insurer is licensed or
14   otherwise permitted to write or assume in its state of domicile or, in the case of a United States
15   branch of an alien assuming insurer, in the state through which it is entered and licensed to
16   transact insurance or reinsurance. Credit shall be allowed under subdivision (3) or (4) of this
17   subsection only if the applicable requirements of subdivision (6) of this subsection have been
18   satisfied. The following applies:
19               …
20               (4a) Credit for reinsurance – Certified reinsurers. – Credit shall be allowed when
21                       the reinsurance is ceded to an assuming insurer that has been certified by the
22                       Commissioner as a reinsurer in this State and secures its obligations in
23                       accordance with the requirements of this subdivision:
24                       a.      In order to be eligible for certification, the assuming insurer shall meet
25                               the following requirements:
26                               …
27                               5.      The certified reinsurer must agree to meet applicable
28                                       information filing requirements, as determined by the
29                                       Commissioner, both with respect to an initial application for
30                                       certification and on an ongoing basis. All information
31                                       submitted by certified reinsurers which is not otherwise public
32                                       information subject to disclosure shall be exempted from
33                                       disclosure under the North Carolina Public Records Act,
34                                       Chapter 132 of the General Statutes, and shall be withheld from
35                                       public disclosure. The applicable information filing
36                                       requirements are as follows:



                                       *S299-CSBH-12*
     General Assembly Of North Carolina                                                 Session 2021
 1                                  …
 2                                  IV.     Annually, the most recent audited United States
 3                                          generally accepted accounting principles basis
 4                                          financial statements, regulatory filings, and actuarial
 5                                          opinion opinion, as filed with the certified reinsurer's
 6                                          supervisor. Audited International Financial Reporting
 7                                          Standards basis statements are allowed but must
 8                                          include an audited footnote reconciling equity and net
 9                                          income to United States generally accepted accounting
10                                          principles basis, or, with the permission of the
11                                          Commissioner, audited International Financial
12                                          Reporting Standards statements with reconciliation to
13                                          United States generally accepted accounting principles
14                                          certified by an officer of the company. supervisor, with
15                                          a translation into English. Upon the initial certification,
16                                          audited financial statements for the last three two years
17                                          filed with the certified reinsurer's supervisor;
18                                  …
19                          6.      Any other requirements for certification deemed relevant by
20                                  the Commissioner.
21                   …
22                   d.      Certified reinsurer rating. – The Commissioner shall assign a rating to
23                           each certified reinsurer on a legal entity basis, with due consideration
24                           being given to the group rating where appropriate, except that an
25                           association, including incorporated and individual unincorporated
26                           underwriters, that has been approved to do business as a single
27                           certified reinsurer may be evaluated on the basis of its group rating.
28                           The Commissioner shall publish a list of all certified reinsurers and
29                           their ratings. Factors that may be considered as part of the evaluation
30                           process include the following:
31                           …
32                           8.      For certified reinsurers not domiciled in the United States,
33                                   audited United States generally accepted accounting principles
34                                   basis financial statements, regulatory filings, and actuarial
35                                   opinion as filed with the non-United States jurisdiction
36                                   supervisor. Audited International Financial Reporting
37                                   Standards basis statements are allowed but must include an
38                                   audited footnote reconciling equity and net income to United
39                                   States generally accepted accounting principles basis, or, with
40                                   the permission of the Commissioner, audited International
41                                   Financial Reporting Standards statements with reconciliation
42                                   to United States generally accepted accounting principles
43                                   certified by an officer of the company. supervisor, with a
44                                   translation into English. Upon the initial application for
45                                   certification, the Commissioner will consider audited financial
46                                   statements for the last three two years filed with its non-United
47                                   States jurisdiction supervisor;
48                           …
49            (4b)   Credit for reinsurance – Reciprocal jurisdiction.
50                   a.      The following definitions apply in this subdivision:


     Page 2                                 Senate Bill 299                     S299-CSBH-12 [v.5]
     General Assembly Of North Carolina                                            Session 2021
 1                         1.    Covered agreement. – An agreement entered into pursuant to
 2                               Dodd-Frank Wall Street Reform and Consumer Protection Act,
 3                               31 U.S.C. §§ 313 and 314, that is currently in effect or in a
 4                               period of provisional application and addresses the
 5                               elimination, under specified conditions, of collateral
 6                               requirements as a condition for entering into any reinsurance
 7                               agreement with a ceding insurer domiciled in this State or for
 8                               allowing the ceding insurer to recognize credit for reinsurance.
 9                         2.    Reciprocal jurisdiction. – A jurisdiction as designated by the
10                               Commissioner pursuant to sub-subdivision c. of this
11                               subdivision that meets one of the following:
12                               I.     A non-United States jurisdiction that is subject to an
13                                      in-force covered agreement with the United States,
14                                      each within its legal authority, or, in the case of a
15                                      covered agreement between the United States and the
16                                      European Union, is a member state of the European
17                                      Union;
18                               II.    A United States jurisdiction that meets the
19                                      requirements for accreditation under the NAIC
20                                      financial standards and accreditation program; or
21                               III.   A qualified jurisdiction, as determined by the
22                                      Commissioner pursuant to sub-subdivision f. of
23                                      subdivision (4a) of this subsection, which is not
24                                      otherwise described in sub-sub-sub-subdivisions I. or
25                                      II. of sub-sub-subdivision 2. of sub-subdivision a. of
26                                      this subdivision and which the Commissioner
27                                      determines meets all of the following additional
28                                      requirements, consistent with the terms and conditions
29                                      of in-force covered agreements:
30                                      A.      Provides that an insurer which has its head
31                                              office or is domiciled in such qualified
32                                              jurisdiction shall receive credit for reinsurance
33                                              ceded to a United States domiciled assuming
34                                              insurer in the same manner as credit for
35                                              reinsurance is received for reinsurance assumed
36                                              by insurers domiciled in such qualified
37                                              jurisdiction;
38                                      B.      Does not require a United States domiciled
39                                              assuming insurer to establish or maintain a local
40                                              presence as a condition for entering into a
41                                              reinsurance agreement with any ceding insurer
42                                              subject to regulation by the non-United States
43                                              jurisdiction or as a condition to allow the ceding
44                                              insurer to recognize credit for such reinsurance;
45                                      C.      Recognizes the United States, state regulatory
46                                              approach to group supervision and group
47                                              capital, by providing written confirmation by a
48                                              competent regulatory authority, in such
49                                              qualified jurisdiction, that insurers and
50                                              insurance groups that are domiciled or maintain
51                                              their headquarters in this State or another

     S299-CSBH-12 [v.5]                   Senate Bill 299                                 Page 3
     General Assembly Of North Carolina                                               Session 2021
 1                                                 jurisdiction accredited by the NAIC shall be
 2                                                 subject only to worldwide prudential insurance
 3                                                 group supervision including worldwide group
 4                                                 governance, solvency and capital, and
 5                                                 reporting, as applicable, by the Commissioner
 6                                                 or the commissioner of the domiciliary state
 7                                                 and will not be subject to group supervision at
 8                                                 the level of the worldwide parent undertaking
 9                                                 of the insurance or reinsurance group by the
10                                                 qualified jurisdiction; and
11                                          D.     Provides written confirmation by a competent
12                                                 regulatory authority in such qualified
13                                                 jurisdiction that information regarding insurers
14                                                 and their parent, subsidiary, or affiliated
15                                                 entities, if applicable, shall be provided to the
16                                                 Commissioner in accordance with a
17                                                 memorandum of understanding or similar
18                                                 document between the Commissioner and such
19                                                 qualified jurisdiction, including, but not limited
20                                                 to, the International Association of Insurance
21                                                 Supervisors Multilateral Memorandum of
22                                                 Understanding or other multilateral memoranda
23                                                 of understanding coordinated by the NAIC.
24                         3.      Solvent scheme of arrangement. – A foreign or alien statutory
25                                 or regulatory compromise procedure subject to requisite
26                                 majority creditor approval and judicial sanction in the
27                                 assuming insurer's home jurisdiction either to finally commute
28                                 liabilities of duly noticed classed members or creditors of a
29                                 solvent debtor, or to reorganize or restructure the debts and
30                                 obligations of a solvent debtor on a final basis, and which may
31                                 be subject to judicial recognition and enforcement of the
32                                 arrangement by a governing authority outside the ceding
33                                 insurer's home jurisdiction.
34                  b.     Credit shall be allowed when the reinsurance is ceded from an insurer
35                         domiciled in this State to an assuming insurer meeting each of the
36                         following conditions:
37                         1.      The assuming insurer must be licensed to transact reinsurance
38                                 by, and have its head office or be domiciled in, a reciprocal
39                                 jurisdiction.
40                         2.      The assuming insurer must have and maintain, on an ongoing
41                                 basis, minimum capital and surplus, or its equivalent,
42                                 calculated on at least an annual basis as of the preceding
43                                 December 31 or at the annual date otherwise statutorily
44                                 reported to the reciprocal jurisdiction, and confirmed as set
45                                 forth in sub-sub-subdivision 7. of this sub-subdivision,
46                                 according to the methodology of its domiciliary jurisdiction, in
47                                 the following amounts:
48                                 I.       No less than two hundred fifty million dollars
49                                          ($250,000,000); or



     Page 4                               Senate Bill 299                     S299-CSBH-12 [v.5]
     General Assembly Of North Carolina                                             Session 2021
 1                               II.     If the assuming insurer is an association, including
 2                                       incorporated       and      individual    unincorporated
 3                                       underwriters:
 4                                       A.      Minimum capital and surplus equivalents, net
 5                                               of liabilities, or own funds of the equivalent of
 6                                               at least two hundred fifty million dollars
 7                                               ($250,000,000); and
 8                                       B.      A central fund containing a balance of the
 9                                               equivalent of at least two hundred fifty million
10                                               dollars ($250,000,000).
11                         3.    The assuming insurer must have and maintain, on an ongoing
12                               basis, a minimum solvency or capital ratio, as applicable, as
13                               follows:
14                               I.      If the assuming insurer has its head office or is
15                                       domiciled in a reciprocal jurisdiction as defined in
16                                       sub-sub-sub-subdivision I. of sub-sub-subdivision 2. of
17                                       sub-subdivision a. of this subdivision, the ratio
18                                       specified in the applicable covered agreement;
19                               II.     If the assuming insurer is domiciled in a reciprocal
20                                       jurisdiction as defined in sub-sub-sub-subdivision II. of
21                                       sub-sub-subdivision 2. of sub-subdivision a. of this
22                                       subdivision, a risk-based capital ratio of three hundred
23                                       percent (300%) of the authorized control level,
24                                       calculated in accordance with the formula developed
25                                       by the NAIC;
26                               III.    If the assuming insurer is domiciled in a reciprocal
27                                       jurisdiction as defined in sub-sub-sub-subdivision III.
28                                       of sub-sub-subdivision 2. of sub-subdivision a. of this
29                                       subdivision, after consultation with the reciprocal
30                                       jurisdiction and considering any recommendations
31                                       published through the NAIC committee process, such
32                                       solvency or capital ratio as the Commissioner
33                                       determines to be an effective measure of solvency; or
34                               IV.     If the assuming insurer is an association, including
35                                       incorporated       and      individual    unincorporated
36                                       underwriters, a minimum solvency or capital ratio in
37                                       the reciprocal jurisdiction where the assuming insurer
38                                       has its head office or is domiciled, as applicable, and is
39                                       also licensed.
40                         4.    The assuming insurer must agree to and provide adequate
41                               assurance to the Commissioner, in the form of a properly
42                               executed NAIC Form RJ-1, of its agreement to the following:
43                               I.      The assuming insurer must provide prompt written
44                                       notice and explanation to the Commissioner if it falls
45                                       below the minimum requirements set forth in
46                                       sub-sub-subdivisions 2. or 3. of sub-subdivision b. of
47                                       this subdivision, or if any regulatory action is taken
48                                       against it for serious noncompliance with applicable
49                                       law;
50                               II.     The assuming insurer must consent in writing to the
51                                       jurisdiction of the courts of this State and to the

     S299-CSBH-12 [v.5]                   Senate Bill 299                                  Page 5
     General Assembly Of North Carolina                                            Session 2021
 1                                      appointment of the Commissioner as agent for service
 2                                      of process. The Commissioner may require that consent
 3                                      for service of process be provided to the Commissioner
 4                                      and included in each reinsurance agreement under the
 5                                      Commissioner's jurisdiction. Nothing in this provision
 6                                      shall limit, or in any way alter, the capacity of parties
 7                                      to a reinsurance agreement to agree to alternative
 8                                      dispute resolution mechanisms, except to the extent
 9                                      such agreements are unenforceable under applicable
10                                      insolvency or delinquency laws;
11                               III.   The assuming insurer must consent in writing to pay all
12                                      final judgments, wherever enforcement is sought,
13                                      obtained by a ceding insurer or its legal successor, that
14                                      have been declared enforceable in the jurisdiction
15                                      where the judgment was obtained;
16                               IV.    Each reinsurance agreement must include a provision
17                                      requiring the assuming insurer to provide security in an
18                                      amount equal to one hundred percent (100%) of the
19                                      assuming insurer's liabilities attributable to reinsurance
20                                      ceded pursuant to that agreement if the assuming
21                                      insurer resists enforcement of a final judgment that is
22                                      enforceable under the law of the jurisdiction in which
23                                      it was obtained or a properly enforceable arbitration
24                                      award, whether obtained by the ceding insurer or by its
25                                      legal successor on behalf of its resolution estate, if
26                                      applicable;
27                               V.     The assuming insurer must confirm that it is not
28                                      presently participating in any solvent scheme of
29                                      arrangement, which involves this State's ceding
30                                      insurers, and agree to notify the ceding insurer and the
31                                      Commissioner and to provide one hundred percent
32                                      (100%) security to the ceding insurer consistent with
33                                      the terms of the scheme, should the assuming insurer
34                                      enter into such a solvent scheme of arrangement. Such
35                                      security shall be in a form consistent with the
36                                      provisions of subdivision (4a) of subsection (b) of this
37                                      section, G.S. 58-7-26(a), and as specified by the
38                                      Commissioner in regulation; and
39                               VI.    The assuming insurer must agree in writing to meet the
40                                      applicable information filing requirements as set forth
41                                      in sub-sub-subdivision 5. of sub-subdivision b. of this
42                                      subdivision.
43                         5.    The assuming insurer or its legal successor must provide, if
44                               requested by the Commissioner, on behalf of itself and any
45                               legal predecessors, the following documentation to the
46                               Commissioner:
47                               I.     For the two years preceding entry into the reinsurance
48                                      agreement and on an annual basis thereafter, the
49                                      assuming insurer's annual audited financial statements,
50                                      in accordance with the applicable law of the
51                                      jurisdiction of its head office or domiciliary

     Page 6                               Senate Bill 299                  S299-CSBH-12 [v.5]
     General Assembly Of North Carolina                                               Session 2021
 1                                         jurisdiction, as applicable, including the external audit
 2                                         report;
 3                                II.      For the two years preceding entry into the reinsurance
 4                                         agreement, the solvency and financial condition report
 5                                         or actuarial opinion, if filed with the assuming insurer's
 6                                         supervisor;
 7                                III.     Prior to entry into the reinsurance agreement and not
 8                                         more than semiannually thereafter, an updated list of all
 9                                         disputed and overdue reinsurance claims outstanding
10                                         for 90 days or more, regarding reinsurance assumed
11                                         from ceding insurers domiciled in the United States;
12                                         and
13                                IV.      Prior to entry into the reinsurance agreement and not
14                                         more than semiannually thereafter, information
15                                         regarding the assuming insurer's assumed reinsurance
16                                         by ceding insurer, ceded reinsurance by the assuming
17                                         insurer, and reinsurance recoverable on paid and
18                                         unpaid losses by the assuming insurer to allow for the
19                                         evaluation     of the         criteria   set   forth   in
20                                         sub-sub-subdivision 6. of sub-subdivision b. of this
21                                         subdivision.
22                         6.     The assuming insurer must maintain a practice of prompt
23                                payment of claims under reinsurance agreements. The lack of
24                                prompt payment will be evidenced if any of the following
25                                criteria is met:
26                                I.       More than fifteen percent (15%) of the reinsurance
27                                         recoverables from the assuming insurer are overdue
28                                         and in dispute as reported to the Commissioner;
29                                II.      More than fifteen percent (15%) of the assuming
30                                         insurer's ceding insurers or reinsurers have overdue
31                                         reinsurance recoverable on paid losses of 90 days or
32                                         more which are not in dispute and which exceed for
33                                         each ceding insurer one hundred thousand dollars
34                                         ($100,000), or as otherwise specified in a covered
35                                         agreement; or
36                                III.     The aggregate amount of reinsurance recoverable on
37                                         paid losses which are not in dispute, but are overdue by
38                                         90 days or more, exceeds fifty million dollars
39                                         ($50,000,000), or as otherwise specified in a covered
40                                         agreement.
41                         7.     The assuming insurer's supervisory authority must confirm to
42                                the Commissioner on an annual basis, as of the preceding
43                                December 31 or at the annual date otherwise statutorily
44                                reported to the reciprocal jurisdiction, that the assuming
45                                insurer complies with the requirements set forth in
46                                sub-sub-subdivisions 2. and 3. of sub-subdivision b. of this
47                                subdivision.
48                         Nothing in this sub-subdivision shall preclude an assuming insurer
49                         from providing the Commissioner with information on a voluntary
50                         basis.


     S299-CSBH-12 [v.5]                   Senate Bill 299                                    Page 7
     General Assembly Of North Carolina                                                 Session 2021
 1                  c.     The Commissioner shall timely create and publish a list of reciprocal
 2                         jurisdictions.
 3                         1.        A list of reciprocal jurisdictions is published through the NAIC
 4                                   committee process. The Commissioner's list shall include any
 5                                   reciprocal        jurisdiction,       as      defined       under,
 6                                   sub-sub-sub-subdivisions I. and II. of sub-sub-subdivision 2.
 7                                   of sub-subdivision a. of this subdivision, and shall consider any
 8                                   other reciprocal jurisdiction included on the NAIC list. The
 9                                   Commissioner may approve a jurisdiction that does not appear
10                                   on the NAIC list of reciprocal jurisdictions as provided by
11                                   applicable law, regulation, or in accordance with criteria
12                                   published through the NAIC committee process.
13                         2.        The Commissioner may remove a jurisdiction from the list of
14                                   reciprocal jurisdictions upon a determination that the
15                                   jurisdiction no longer meets one or more of the requirements
16                                   of a reciprocal jurisdiction, as provided by applicable law,
17                                   regulation, or in accordance with a process published through
18                                   the NAIC committee process, except that the Commissioner
19                                   shall not remove from the list a reciprocal jurisdiction as
20                                   defined under sub-sub-sub-subdivisions I. and II. of
21                                   sub-sub-subdivision 2. of sub-subdivision a. of this
22                                   subdivision. Upon removal of a reciprocal jurisdiction from
23                                   this list, credit for reinsurance ceded to an assuming insurer
24                                   which has its home office or is domiciled in that jurisdiction
25                                   shall be allowed, if otherwise allowed pursuant to this section
26                                   or G.S. 58-7-26.
27                  d.     The Commissioner shall timely create and publish a list of assuming
28                         insurers that have satisfied the conditions set forth in this subdivision
29                         and to which cessions shall be granted credit in accordance with this
30                         subdivision. The Commissioner may add an assuming insurer to such
31                         list if an NAIC accredited jurisdiction has added such assuming insurer
32                         to a list of such assuming insurers or if, upon initial eligibility, the
33                         assuming insurer submits the information to the Commissioner as
34                         required under sub-sub-subdivision 4. of sub-subdivision b. of this
35                         subdivision and complies with any additional requirements that the
36                         Commissioner may impose by law or regulation, except to the extent
37                         that they conflict with an applicable covered agreement.
38                         1.        If an NAIC accredited jurisdiction has determined that the
39                                   conditions set forth in sub-subdivision b. of this subdivision
40                                   have been met, the Commissioner has the discretion to defer to
41                                   that jurisdiction's determination, and add such assuming
42                                   insurer to the list of assuming insurers to which cessions shall
43                                   be granted credit in accordance with this sub-subdivision. The
44                                   Commissioner may accept financial documentation filed with
45                                   another NAIC accredited jurisdiction or with the NAIC in
46                                   satisfaction of the requirements of sub-subdivision b. of this
47                                   subdivision.
48                         2.        When requesting that the Commissioner defer to another NAIC
49                                   accredited jurisdiction's determination, an assuming insurer
50                                   must submit a properly executed NAIC Form RJ-1 and
51                                   additional information as the Commissioner may require. A

     Page 8                                Senate Bill 299                     S299-CSBH-12 [v.5]
     General Assembly Of North Carolina                                               Session 2021
 1                                 state that has received such a request will notify other states
 2                                 through the NAIC committee process and provide relevant
 3                                 information with respect to the determination of eligibility.
 4                  e.     If the Commissioner determines that an assuming insurer no longer
 5                         meets one or more of the requirements under this subdivision, the
 6                         Commissioner may revoke or suspend the eligibility of the assuming
 7                         insurer for recognition under this subdivision.
 8                         1.      While an assuming insurer's eligibility is suspended, no
 9                                 reinsurance agreement issued, amended, or renewed after the
10                                 effective date of the suspension qualifies for credit except to
11                                 the extent that the assuming insurer's obligations under the
12                                 contract are secured in accordance with G.S. 58-7-26.
13                         2.      If an assuming insurer's eligibility is revoked, no credit for
14                                 reinsurance may be granted after the effective date of the
15                                 revocation with respect to any reinsurance agreements entered
16                                 into by the assuming insurer, including reinsurance agreements
17                                 entered into prior to the date of revocation, except to the extent
18                                 that the assuming insurer's obligations under the contract are
19                                 secured in a form acceptable to the Commissioner and
20                                 consistent with the provisions of G.S. 58-7-26.
21                  f.     Before denying statement credit or imposing a requirement to post
22                         security with respect to sub-subdivision e. of this subdivision, or
23                         adopting any similar requirement that will have substantially the same
24                         regulatory impact as security, the Commissioner shall:
25                         1.      Communicate with the ceding insurer, the assuming insurer,
26                                 and the assuming insurer's supervisory authority that the
27                                 assuming insurer no longer satisfies one of the conditions listed
28                                 in sub-subdivision b. of this subdivision;
29                         2.      Provide the assuming insurer with 30 days from the initial
30                                 communication to submit a plan to remedy the defect, and 90
31                                 days from the initial communication to remedy the defect,
32                                 except in exceptional circumstances in which a shorter period
33                                 is necessary for policyholder and other consumer protection;
34                         3.      After the expiration of 90 days or less, as set out in
35                                 sub-sub-subdivision 2. of sub-subdivision f. of this
36                                 subdivision, if the Commissioner determines that no or
37                                 insufficient action was taken by the assuming insurer, the
38                                 Commissioner may impose any of the requirements as set out
39                                 in sub-subdivision f. of this subdivision; and
40                         4.      Provide a written explanation to the assuming insurer of any of
41                                 the requirements set out in sub-subdivision f. of this
42                                 subdivision.
43                  g.     If subject to a legal process of rehabilitation, liquidation, or
44                         conservation, as applicable, the ceding insurer, or its representative,
45                         may seek and, if determined appropriate by the court in which the
46                         proceedings are pending, may obtain an order requiring that the
47                         assuming insurer post security for all outstanding ceded liabilities.
48                  h.     Nothing in this subdivision shall limit or in any way alter the capacity
49                         of parties to a reinsurance agreement to agree on requirements for
50                         security or other terms in that reinsurance agreement, except as


     S299-CSBH-12 [v.5]                   Senate Bill 299                                    Page 9
     General Assembly Of North Carolina                                                  Session 2021
 1                           expressly prohibited by this section, or other applicable law or
 2                           regulation.
 3                   i.      Credit may be taken under this subdivision only for reinsurance
 4                           agreements entered into, amended, or renewed on or after September
 5                           1, 2021, and only with respect to losses incurred and reserves reported
 6                           on or after the later of (i) the date on which the assuming insurer has
 7                           met all eligibility requirements pursuant to sub-subdivision b. of this
 8                           subdivision and (ii) the effective date of the new reinsurance
 9                           agreement, amendment, or renewal.
10                           1.       This sub-subdivision does not alter or impair a ceding insurer's
11                                    right to take credit for reinsurance, to the extent that credit is
12                                    not available under this subdivision, as long as the reinsurance
13                                    qualifies for credit under any other applicable provision of this
14                                    section or G.S. 58-7-26.
15                           2.       Nothing in this subdivision shall authorize an assuming insurer
16                                    to withdraw or reduce the security provided under any
17                                    reinsurance agreement except as permitted by the terms of the
18                                    agreement.
19                           3.       Nothing in this subdivision shall limit, or in any way alter, the
20                                    capacity of parties to any reinsurance agreement to renegotiate
21                                    the agreement.
22             (5)   Exception for noncompliant assuming insurer. – Credit shall be allowed when
23                   the reinsurance is ceded to an assuming insurer not meeting the requirements
24                   of subdivisions (1), (2), (3), (4), or (4a) (4a), or (4b) of this subsection, but
25                   only with respect to the insurance of risks located in jurisdictions where the
26                   reinsurance is required by applicable law or regulation of that jurisdiction.
27             (6)   Curative contract terms for assuming insurer. – If the assuming insurer is not
28                   licensed, accredited, or certified to transact insurance or reinsurance in this
29                   State, the credit permitted by subdivisions (3) and (4) of this subsection shall
30                   not be allowed unless the assuming insurer agrees in the reinsurance
31                   agreements:
32                   …
33             (7)   Required trust agreement provisions. – If the assuming insurer does not meet
34                   the requirements of subdivision (1), (2), or (3) (3), or (4b) of this subsection,
35                   the credit permitted by subdivision (4) or (4a) of this subsection shall not be
36                   allowed unless the assuming insurer agrees in the trust agreements to the
37                   following conditions:
38                   a.      Notwithstanding any other provisions in the trust instrument, if the
39                           trust fund is inadequate because it contains an amount less than the
40                           amount required by sub-subdivision (4)c. of this subsection, or if the
41                           grantor of the trust has been declared insolvent or placed into
42                           receivership, rehabilitation, liquidation, or similar proceedings under
43                           the laws of its state or country of domicile, the trustee shall comply
44                           with an order of the public official with regulatory oversight over the
45                           trust or with an order of a court of competent jurisdiction directing the
46                           trustee to transfer to the public official with regulatory oversight all of
47                           the assets of the trust fund.
48                   b.      The assets shall be distributed by, and claims shall be filed with and
49                           valued by, the public official with regulatory oversight in accordance
50                           with the laws of the state in which the trust is domiciled that are
51                           applicable to the liquidation of domestic insurance companies.

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     General Assembly Of North Carolina                                                    Session 2021
 1                      c.      If the public official with regulatory oversight determines that the
 2                              assets of the trust fund or any part thereof are not necessary to satisfy
 3                              the claims of the United States ceding insurers of the grantor of the
 4                              trust, those assets shall be returned by the public official with
 5                              regulatory oversight to the trustee for distribution in accordance with
 6                              the trust agreement.
 7                      d.      The grantor shall waive any right otherwise available to it under
 8                              United States law that is inconsistent with this provision.
 9              …."
10
11   PART II. NAIC ACCREDITATION CHANGES: RESERVE FINANCING
12               SECTION 2. Article 7 of Chapter 58 of the General Statutes is amended by adding
13   a new section to read as follows:
14   "§ 58-7-22. Term and universal life insurance reserve financing.
15       (a)     Purpose and Intent. – The purpose and intent of this section is to establish uniform,
16   national standards governing reserve financing arrangements pertaining to life insurance policies
17   containing guaranteed nonlevel gross premiums or guaranteed nonlevel benefits and universal
18   life insurance policies with secondary guarantees, and to ensure that, with respect to those
19   financing arrangements, funds consisting of primary security and other security are held by or on
20   behalf of ceding insurers in the forms and amounts required by this section. In general, for
21   reinsurance ceded for reserve financing purposes, some or all of the assets used to secure the
22   reinsurance treaty or to capitalize the reinsurer meet one of the following:
23               (1)     Are issued by the ceding insurer or its affiliates.
24               (2)     Are not unconditionally available to satisfy the general account obligations of
25                       the ceding insurer.
26               (3)     Create a reimbursement, indemnification, or other similar obligation on the
27                       part of the ceding insurer or any of its affiliates, other than a payment
28                       obligation under a derivative contract acquired in the normal course and used
29                       to support and hedge liabilities pertaining to the actual risks in the policies
30                       ceded pursuant to the reinsurance treaty.
31       (b)     Definitions. – The following definitions apply in this section:
32               (1)     Actuarial method. – The methodology used to determine the required level of
33                       primary security, as described in subsection (e) of this section.
34               (2)     Covered policies. – Subject to the exemptions described in subsection (d) of
35                       this section and, other than grandfathered policies, policies of the following
36                       policy types:
37                       a.      Life insurance policies with guaranteed nonlevel gross premiums or
38                               guaranteed nonlevel benefits, except for flexible premium universal
39                               life insurance policies; or
40                       b.      Flexible premium universal life insurance policies with provisions
41                               resulting in the ability of a policyholder to keep a policy in force over
42                               a secondary guarantee period.
43               (3)     Grandfathered policies. – Policies of the types described in sub-subdivisions
44                       a. and b. of subdivision (2) of subsection (b) of this section that were both:
45                       a.      Issued prior to January 1, 2015.
46                       b.      Ceded, as of December 31, 2014, as part of a reinsurance treaty that
47                               would not have met one of the exemptions set forth in subsection (d)
48                               of this section had that subsection then been in effect.
49               (4)     Noncovered policies. – Any policy that does not meet the definition of covered
50                       policies, including grandfathered policies.


     S299-CSBH-12 [v.5]                         Senate Bill 299                                  Page 11
     General Assembly Of North Carolina                                                        Session 2021
 1               (5)     Other security. – Any security other than security meeting the definition of
 2                       primary security that is acceptable to the Commissioner.
 3               (6)     Primary security. – All of the following forms of security:
 4                       a.      Cash.
 5                       b.      Securities listed by the Securities Valuation Office of the NAIC
 6                               meeting the requirements of G.S. 58-7-26(a)(2), but excluding any
 7                               synthetic letter of credit, contingent note, credit-linked note, or other
 8                               similar security that operates in a manner similar to a letter of credit,
 9                               and excluding any securities issued by the ceding insurer or any of its
10                               affiliates.
11                       c.      For security held in connection with funds withheld and modified
12                               coinsurance reinsurance treaties, any of the following forms of
13                               security:
14                               1.       Commercial loans in good standing of CM3 quality and higher.
15                               2.       Policy loans.
16                               3.       Derivatives acquired in the normal course and used to support
17                                        and hedge liabilities pertaining to the actual risks in the policies
18                                        ceded pursuant to the reinsurance treaty.
19               (7)     Required level of primary security. – The dollar amount determined by
20                       applying the actuarial method to the risks ceded with respect to covered
21                       policies, but not more than the total reserve ceded.
22               (8)     Valuation manual. – The valuation manual adopted by the NAIC as described
23                       in G.S. 58-58-51 with all amendments adopted by the NAIC that are effective
24                       for the financial statement date on which credit for reinsurance is claimed.
25               (9)     VM-20. – The requirements for principle-based reserves for life products,
26                       including all relevant definitions, as outlined in the valuation manual.
27       (c)     Applicability. – This section shall apply to reinsurance treaties that cede liabilities
28   pertaining to covered policies issued by any life insurance company domiciled in this State. This
29   section, G.S. 58-7-21, and G.S. 58-7-26 shall apply to those reinsurance treaties. If there is a
30   direct conflict between the provisions of this section and G.S. 58-7-21, or G.S. 58-7-26, then the
31   provisions of this section shall apply, but only to the extent of the conflict.
32       (d)     Exemptions from this Section. – This section does not apply to any of the following
33   situations:
34               (1)     Reinsurance of any of the following:
35                       a.      Policies that satisfy the criteria for exemption for attained-age-based
36                               yearly renewable term life insurance policies set forth in 11 NCAC
37                               11F .0404(f) or for unitary reserves for certain n-year renewable term
38                               life insurance policies set forth in 11 NCAC 11F .0404(g) and that are
39                               issued before the later of the following dates:
40                               1.       September 1, 2021.
41                               2.       The date on which the ceding insurer begins to apply the
42                                        provisions of VM-20 to establish the ceded policies' statutory
43                                        reserves, but in no event later than January 1, 2020.
44                       b.      Portions of policies that satisfy the criteria for exemption for yearly
45                               renewable term reinsurance set forth in 11 NCAC 11F .0404(e) and
46                               which are issued before the later of the following dates:
47                               1.       September 1, 2021.
48                               2.       The date on which the ceding insurer begins to apply the
49                                        provisions of VM-20 to establish the ceded policies' statutory
50                                        reserves, but in no event later than January 1, 2020.
51                       c.      Any universal life policy that meets all of the following requirements:

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     General Assembly Of North Carolina                                                 Session 2021
 1                          1.      The secondary guarantee period, if any, is five years or less.
 2                          2.      The specified premium for the secondary guarantee period is
 3                                  not less than the net level reserve premium for the secondary
 4                                  guarantee period based on the Commissioners Standard
 5                                  Ordinary valuation tables and valuation interest rate applicable
 6                                  to the issue year of the policy.
 7                         3.       The initial surrender charge is not less than one hundred
 8                                  percent (100%) of the first year annualized specified premium
 9                                  for the secondary guarantee period.
10                  d.     Credit life insurance.
11                  e.     Any variable life insurance policy that provides for life insurance, the
12                         amount or duration of which varies according to the investment
13                         experience of any separate account or accounts.
14                  f.     Any group life insurance certificate unless the certificate provides for
15                         a stated or implied schedule of maximum gross premiums required in
16                         order to continue coverage in force for a period in excess of one year.
17            (2)   Reinsurance ceded to an assuming insurer that meets the applicable
18                  requirements of G.S. 58-7-21(b)(4).
19            (3)   Reinsurance ceded to an assuming insurer that meets the applicable
20                  requirements of subdivisions (1), (2), or (3) of G.S. 58-7-21(b), and that also
21                  meets all of the following criteria:
22                  a.     Prepares statutory financial statements in compliance with the NAIC
23                         Accounting Practices and Procedures Manual, without any departures
24                         from NAIC statutory accounting practices and procedures pertaining
25                         to the admissibility or valuation of assets or liabilities that increase the
26                         assuming insurer's reported surplus and are material enough that they
27                         need to be disclosed in the financial statement of the assuming insurer
28                         pursuant to the NAIC's Statement of Statutory Accounting Principles
29                         No. 1.
30                  b.     Is not in a company action level event, regulatory action level event,
31                         authorized control level event, or mandatory control level event, as
32                         those terms are defined in Article 12 of Chapter 58 of the General
33                         Statutes, when its risk-based capital is calculated in accordance with
34                         the life risk-based capital report including overview and instructions
35                         for companies, as the same may be amended by the NAIC, without
36                         deviation.
37            (4)   Reinsurance ceded to an assuming insurer that meets the applicable
38                  requirements of subdivisions (1), (2), or (3) of G.S. 58-7-21(b), and that also
39                  meets all of the following criteria:
40                  a.     Is not an affiliate, as defined in G.S. 58-19-5, of either of the
41                         following:
42                         1.       The insurer ceding the business to the assuming insurer.
43                         2.       Any insurer that directly or indirectly ceded the business to that
44                                  ceding insurer.
45                  b.     Prepares statutory financial statements in compliance with the NAIC
46                         Accounting Practices and Procedures Manual.
47                  c.     Is licensed or accredited in at least 10 states, including its state of
48                         domicile.
49                  d.     Is not licensed in any state as a captive, special purpose vehicle, special
50                         purpose financial captive, special purpose life reinsurance company,
51                         limited purpose subsidiary, or any other similar licensing regime.

     S299-CSBH-12 [v.5]                    Senate Bill 299                                    Page 13
     General Assembly Of North Carolina                                                     Session 2021
 1                      e.       Is not, or would not be, below five hundred percent (500%) of the
 2                               authorized control level risk-based capital, as defined in G.S. 58-12-2,
 3                               when its risk-based capital is calculated in accordance with the life
 4                               risk-based capital report including overview and instructions for
 5                               companies, as the same may be amended by the NAIC, without
 6                               deviation, and without recognition of any departures from NAIC
 7                               statutory accounting practices and procedures pertaining to the
 8                               admission or valuation of assets or liabilities that increase the
 9                               assuming insurer's reported surplus.
10              (5)     Reinsurance ceded to an assuming insurer that meets any of the following
11                      criteria:
12                      a.       Meets the requirements specified under G.S. 58-7-21(b)(4b) in this
13                               State.
14                      b.       Is certified in this State.
15                      c.       Maintains at least two hundred fifty million dollars ($250,000,000) in
16                               capital and surplus when determined in accordance with the NAIC
17                               Accounting Practices and Procedures Manual, including all
18                               amendments adopted by the NAIC and excluding the impact of any
19                               permitted or prescribed practices and is either:
20                               1.       Licensed in at least 26 states.
21                               2.       Licensed in at least 10 states, and licensed or accredited in a
22                                        total of at least 35 states.
23              (6)     Reinsurance not otherwise exempt under subdivisions (1) through (5) of this
24                      subsection if the Commissioner, after consulting with the NAIC Financial
25                      Analysis Working Group or other applicable group of regulators designated
26                      by the NAIC, determines under all the facts and circumstances that all of the
27                      following apply:
28                      a.       The risks are clearly outside of the intent and purpose of this section.
29                      b.       The risks are included within the scope of this section only as a
30                               technicality.
31                      c.       The application of this section to those risks is not necessary to provide
32                               appropriate protection to policyholders.
33                      The Commissioner shall publicly disclose any decision made pursuant to this
34                      subdivision to exempt a reinsurance treaty from this section and the general
35                      basis of that decision, including a summary description of the treaty.
36       (e)    The Actuarial Method and Valuation Used for Purposes of Calculation. – The
37   following applies to this section:
38              (1)     The actuarial method to establish the required level of primary security for
39                      each reinsurance treaty subject to this section shall be VM-20, applied on a
40                      treaty-by-treaty basis, including all relevant definitions, from the valuation
41                      manual then in effect, applied as follows:
42                      a.       For covered policies described in sub-subdivision a. of subdivision (2)
43                               of subsection (b) of this section, the actuarial method is the greater of
44                               the deterministic reserve or the net premium reserve regardless of
45                               whether the criteria for exemption testing can be met. However, if the
46                               covered policies do not meet the requirements of the stochastic reserve
47                               exclusion test in the valuation manual, then the actuarial method is the
48                               greatest of the deterministic reserve, the stochastic reserve, or the net
49                               premium reserve. In addition, if those covered policies are reinsured
50                               in a reinsurance treaty that also contains covered policies described in
51                               sub-subdivision b. of subdivision (2) of subsection (b) of this section,

     Page 14                                    Senate Bill 299                     S299-CSBH-12 [v.5]
     General Assembly Of North Carolina                                                Session 2021
 1                         then the ceding insurer may elect to instead use sub-subdivision b. of
 2                         this subdivision as the actuarial method for the entire reinsurance
 3                         agreement. Whether this sub-subdivision or sub-subdivision b. of this
 4                         subdivision is used, the actuarial method must comply with any
 5                         requirements or restrictions that the valuation manual imposes when
 6                         aggregating these policy types for purposes of principle-based reserve
 7                         calculations.
 8                  b.     For covered policies described in sub-subdivison b. of subdivision (2)
 9                         of subsection (b) of this section, the actuarial method is the greatest of
10                         the deterministic reserve, the stochastic reserve, or the net premium
11                         reserve, regardless of whether the criteria for exemption testing can be
12                         met.
13                  c.     Except as provided in sub-subdivision d. of this subdivision, the
14                         actuarial method is to be applied on a gross basis to all risks with
15                         respect to the covered policies as originally issued or assumed by the
16                         ceding insurer.
17                  d.     If the reinsurance treaty cedes less than one hundred percent (100%)
18                         of the risk with respect to the covered policies, then the required level
19                         of primary security may be reduced as follows:
20                         1.      If a reinsurance treaty cedes only a quota share of some or all
21                                 of the risks pertaining to the covered policies, then the required
22                                 level of primary security, as well as any adjustment under
23                                 sub-subdivision c. of this subdivision, may be reduced to a pro
24                                 rata portion in accordance with the percentage of the risk
25                                 ceded.
26                         2.      If the reinsurance treaty in a non-exempt arrangement cedes
27                                 only the risks pertaining to a secondary guarantee, then the
28                                 required level of primary security may be reduced by an
29                                 amount determined by applying the actuarial method on a
30                                 gross basis to all risks, other than risks related to the secondary
31                                 guarantee, pertaining to the covered policies, except that for
32                                 covered policies for which the ceding insurer did not elect to
33                                 apply the provisions of VM-20 to establish statutory reserves,
34                                 the required level of primary security may be reduced by the
35                                 statutory reserve retained by the ceding insurer on those
36                                 covered policies, where the retained reserve of those covered
37                                 policies should be reflective of any reduction pursuant to the
38                                 cession of mortality risk on a yearly renewable term basis in an
39                                 exempt arrangement.
40                         3.      If a portion of the covered policy risk is ceded to another
41                                 reinsurer on a yearly renewable term basis in an exempt
42                                 arrangement, then the required level of primary security may
43                                 be reduced by the amount resulting by applying the actuarial
44                                 method including the reinsurance section of VM-20 to the
45                                 portion of the covered policy risks ceded in the exempt
46                                 arrangement, except that for covered policies issued prior to
47                                 January 1, 2017, this adjustment is not to exceed the value of
48                                 cx divided by double the number of reinsurance premiums per
49                                 year, where cx is calculated using the same mortality table used
50                                 in calculating the net premium reserve.


     S299-CSBH-12 [v.5]                   Senate Bill 299                                    Page 15
     General Assembly Of North Carolina                                                   Session 2021
 1                           4.       For any other treaty ceding a portion of risk to a different
 2                                    reinsurer, including stop loss, excess of loss, and other
 3                                    nonproportional reinsurance treaties, there will be no reduction
 4                                    in the required level of primary security.
 5                           It is possible for any combination of sub-sub-subdivisions in this
 6                           sub-subdivision to apply. In this case, the adjustments to the required
 7                           level of primary security will be done in the sequence that accurately
 8                           reflects the portion of the risk ceded via the treaty. The ceding insurer
 9                           shall document the rationale and steps taken to accomplish the
10                           adjustments to the required level of primary security due to the cession
11                           of less than one hundred percent (100%) of the risk.
12                           The adjustments for other reinsurance will be made only with respect
13                           to reinsurance treaties entered into directly by the ceding insurer. The
14                           ceding insurer will make no adjustment as a result of a retrocession
15                           treaty entered into by the assuming insurers.
16                   e.      In no event will the required level of primary security resulting from
17                           application of the actuarial method exceed the amount of statutory
18                           reserves ceded.
19                   f.      If the ceding insurer cedes risks with respect to covered policies,
20                           including any riders, in more than one reinsurance treaty subject to this
21                           section, then in no event will the aggregate required level of primary
22                           security for those reinsurance treaties be less than the required level of
23                           primary security calculated using the actuarial method as if all risks
24                           ceded in those treaties were ceded in a single treaty subject to this
25                           section.
26                   g.      If a reinsurance treaty subject to this section cedes risk on both covered
27                           and noncovered policies, then credit for the ceded reserves shall be
28                           determined as follows:
29                           1.       The actuarial method shall be used to determine the required
30                                    level of primary security for the covered policies, and
31                                    subsections (f), (g), and (h), of this section shall be used to
32                                    determine the reinsurance credit for the covered policy
33                                    reserves.
34                           2.       Credit for the noncovered policy reserves shall be granted only
35                                    to the extent that, in addition to the security held to satisfy the
36                                    requirements of sub-subdivision a. of this subdivision, security
37                                    is held by or on behalf of the ceding insurer, in accordance with
38                                    G.S. 58-7-21(b) and G.S. 58-7-26(a). Any primary security
39                                    used to meet the requirements of this sub-subdivision may not
40                                    be used to satisfy the required level of primary security for the
41                                    covered policies.
42             (2)   Valuation used for purposes of calculations. – For the purposes of both
43                   calculating the required level of primary security pursuant to the actuarial
44                   method under subsection (e) of this section and determining the amount of
45                   primary security and other security, as applicable, held by or on behalf of the
46                   ceding insurer, both of the following shall apply:
47                   a.      For assets, including any assets held in trust, that would be admitted
48                           under the NAIC Accounting Practices and Procedures Manual if they
49                           were held by the ceding insurer, the valuations are to be determined
50                           according to statutory accounting procedures as if those assets were


     Page 16                                 Senate Bill 299                     S299-CSBH-12 [v.5]
     General Assembly Of North Carolina                                                        Session 2021
 1                                 held in the ceding insurer's general account and without taking into
 2                                 consideration the effect of any prescribed or permitted practices.
 3                        b.       For all other assets, the valuations are to be those that were assigned
 4                                 to the assets for the purpose of determining the amount of reserve
 5                                 credit taken. In addition, the asset spread tables and asset default cost
 6                                 tables required by VM-20 shall be included in the actuarial method if
 7                                 adopted by the NAIC's Life Actuarial (A) Task Force no later than the
 8                                 December 31 on or immediately preceding the valuation date for
 9                                 which the required level of primary security is being calculated. The
10                                 tables of asset spreads and asset default costs shall be incorporated into
11                                 the actuarial method in the manner specified in VM-20.
12       (f)     Requirements Applicable to Covered Policies to Obtain Credit for Reinsurance;
13   Opportunity for Remediation. – Subject to the exemptions described in subsection (d) of this
14   section and the provisions of subsections (g) and (h) of this section, credit for reinsurance shall
15   be allowed with respect to ceded liabilities pertaining to covered policies pursuant to
16   G.S. 58-7-21(b) or G.S. 58-7-26(a) if, in addition to all other requirements imposed by law or
17   regulation, all the following requirements are met on a treaty-by-treaty basis:
18               (1)      The ceding insurer's statutory policy reserves with respect to the covered
19                        policies are established in full and in accordance with the applicable
20                        requirements of G.S. 58-58-50 and related regulations and actuarial
21                        guidelines, and credit claimed for any reinsurance treaty subject to this section
22                        does not exceed the proportionate share of those reserves ceded under the
23                        contract.
24               (2)      The ceding insurer determines the required level of primary security with
25                        respect to each reinsurance treaty subject to this section and provides support
26                        for its calculation, as determined to be acceptable to the Commissioner.
27               (3)      Funds consisting of primary security, in an amount at least equal to the
28                        required level of primary security, are held by or on behalf of the ceding
29                        insurer as security under the reinsurance treaty within the meaning of
30                        G.S. 58-7-26(a) on a funds withheld, trust, or modified coinsurance basis.
31               (4)      Funds consisting of other security, in an amount at least equal to any portion
32                        of the statutory reserves as to which primary security is not held pursuant to
33                        subdivision (3) of this subsection, are held by or on behalf of the ceding
34                        insurer as security under the reinsurance treaty within the meaning of
35                        G.S. 58-7-26(a).
36               (5)      Any trust used to satisfy the requirements of this subsection shall comply with
37                        all of the conditions and qualifications of 11 NCAC 11C .0504, except for the
38                        following:
39                        a.       Funds consisting of primary security or other security held in trust
40                                 shall, for the purposes identified in subdivision (2) of subsection (e) of
41                                 this section, be valued according to the valuation rules set forth by that
42                                 subdivision, as applicable.
43                        b.       There are no affiliate investment limitations with respect to any
44                                 security held in such trust if that security is not needed to satisfy the
45                                 requirements of subdivision (3) of this subsection.
46                        c.       The reinsurance treaty must prohibit withdrawals or substitutions of
47                                 trust assets that would leave the fair market value of the primary
48                                 security within the trust, when aggregated with primary security
49                                 outside the trust that is held by or on behalf of the ceding insurer in the
50                                 manner required by subdivision (3) of this subsection, below one


     S299-CSBH-12 [v.5]                          Senate Bill 299                                     Page 17
     General Assembly Of North Carolina                                                      Session 2021
 1                                hundred two percent (102%) of the level required by subdivision (3)
 2                                of this section at the time of the withdrawal or substitution.
 3                        d.      The determination of reserve credit under 11 NCAC 11C .0504(d)(3)
 4                                shall be determined according to the valuation rules set forth in
 5                                subdivision (2) of subsection (e) of this section, as applicable.
 6                (6)     The reinsurance treaty has been approved by the Commissioner.
 7        (g)     The requirements of subsection (f) of this section must be satisfied as of the date that
 8   risks under covered policies are ceded, if that date is on or after the effective date of this section,
 9   and on an ongoing basis thereafter. Under no circumstances shall a ceding insurer take or consent
10   to any action or series of actions that would result in a deficiency under subdivisions (3) or (4)
11   of subsection (f) of this section with respect to any reinsurance treaty under which covered
12   policies have been ceded. If a ceding insurer becomes aware at any time that a deficiency under
13   subdivisions (3) or (4) of subsection (f) of this section exists, then it shall use its best efforts to
14   arrange for the deficiency to be eliminated as expeditiously as possible.
15        (h)     Prior to the due date of each quarterly or annual statement, each life insurance
16   company that has ceded reinsurance within the scope of subsection (c) of this section shall
17   perform an analysis, on a treaty-by-treaty basis, to determine, as to each reinsurance treaty under
18   which covered policies have been ceded, whether, as of the end of the immediately preceding
19   calendar quarter, the valuation date, the requirements of subdivisions (3) and (4) of subsection
20   (f) of this section were satisfied. The ceding insurer shall establish a liability equal to the excess
21   of the credit for reinsurance taken over the amount of primary security actually held pursuant to
22   subdivision (3) of subsection (f) of this section, unless either of the following applies:
23                (1)     The requirements of subdivisions (3) and (4) of subsection (f) of this section
24                        were fully satisfied as of the valuation date as to such reinsurance treaty.
25                (2)     Any deficiency has been eliminated before the due date of the quarterly or
26                        annual statement to which the valuation date relates through the addition of
27                        primary security or other security, as applicable, in an amount and in a form
28                        as would have caused the requirements of subdivisions (3) and (4) of
29                        subsection (f) of this section to be fully satisfied as of the valuation date.
30        Nothing in this subsection shall be construed to allow a ceding company to maintain any
31   deficiency under subdivisions (3) and (4) of subsection (f) of this section for any period of time
32   longer than is reasonably necessary to eliminate it.
33        (i)     Severability. – If any provision of this section is held invalid, the remainder shall not
34   be affected.
35        (j)     Prohibition Against Avoidance. – No insurer that has covered policies to which this
36   section applies, as set forth in subsection (c) of this section, shall take any action or series of
37   actions, or enter into any transaction or arrangement or series of transactions or arrangements if
38   the purpose of such action, transaction or arrangement, or series thereof is to avoid the
39   requirements of this section, or to circumvent its purpose and intent."
40        (k)     Effective date. – This section shall become effective September 1, 2021, and apply to
41   all covered policies in force on or after that date."
42
43   PART III. EFFECTIVE DATE
44             SECTION 3. This act becomes effective September 1, 2021, and applies to all
45   covered policies entered into, amended, or renewed on or after that date.




     Page 18                                     Senate Bill 299                     S299-CSBH-12 [v.5]


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