PROPOSED ORDER AMENDING, REPEALING, AND CREATING A RULE
Office of the Commissioner of Insurance
Agency 145 – Ch. INS 52, Wis. Admin. Code:
The Commissioner of Insurance proposes an order
To amend Ins 52.02, 52.02 (2) (g), 52.02 (4) (d), Ins 52.025 (title), 52.025 (1), 52.025 (2), 52.025 (3), 52.03 (1), 52.04 (3), 52.05 (2) (i), 52.05 (2) (j), 52.06 (2) (h), 52.06 (2) (i),
To repeal Ins 52.02(3m)
To create Ins 52.02 (2) (h), 52.02 (4) (e) 7., 52.02 (4) (f), 52.02 (4m), 52.065, Form CR-1
Relating to Credit for Reinsurance
The statement of scope for this rule SS: 004-15, was approved by the Governor on January 15, 2015, published in Register No. 710A1, on February 25, 2015, and approved by the Commissioner on March 10, 2015.
ANALYSIS PREPARED BY THE OFFICE OF THE COMMISSIONER OF INSURANCE (OCI)
1. Statutes interpreted:
2. Explanation of OCI’s authority to promulgate the proposed rule under these statutes:
The statutory authority for these rules are ss. 227.11 (2) (a) and 601.41 (3), Stats. Sections 620.03, 620.21, 620.22, 623.02, 623.02, 623.04, 623.32, Stats., generally regulate how insurers account for assets and liabilities. Section 627.23, Stat. specifically authorized insurers to accept reinsurance and states “[s]ubject to rules promulgated by the commissioner for calculation of its reserves and its surplus, and subject to sub. (3), an authorized insurer may also cede reinsurance to an unauthorized insurer.” The proposed rule regulates how an insurer may take credit for reinsurance to an unauthorized insurer as authorized by s. 627.23, Stat.
3. Related statutes or rules:
4. The plain language analysis and summary of the proposed rule:
The proposed rule would modernize Wisconsin’s credit for reinsurance provisions by aligning them with the federal Nonadmitted and Reinsurance Reform Act and by adopting the most recent amendments to the National Association of Insurance Commissioners (“NAIC”) model act and model regulation on which Wisconsin’s rules are based. These revisions are an accreditation requirement by the NAIC for 2018.
The NAIC is a standard setting and regulatory support organization created and governed by the chief insurance regulators from the 50 states, the District of Columbia and five U.S. territories. It develops model laws and regulations using a committee structure that includes both members of the committee and interested regulators. The NAIC also provides an accreditation process for state insurance departments. Accreditation of the Office of the Commissioner of Insurance (OCI) by the NAIC helps Wisconsin insurers by ensuring that the OCI has full regulatory authority over its domestic insurers. It accomplishes this by subjecting domestic insurers to financial regulation only by their domestic commissioner if the state is accredited. Because Wisconsin is accredited, Wisconsin insurers are not subject to separate financial regulation in every state in which they do business.
As for the specific changes, chapter Ins 52, Wis. Adm. Code, has not been amended since 1995. The regulation as currently written requires that, for licensed insurers to take credit for reinsurance, the assuming reinsurer must place in trust collateral in an amount equal to the reinsurer’s liability to the ceding insurer. The proposed rule would add the concept of a certified reinsurer. Certified reinsurers must meet certain financial requirements, must have a history of complying with the terms of the contracts and timely meet their obligation to pay claims, and must agree to report certain information to the commissioner. In addition, certified reinsurers must be domiciled in a qualified jurisdiction.
A qualified jurisdiction is a jurisdiction that is found by the commissioner to have an effective regulatory supervisory system, a history of cooperation with U.S. regulators, and is one in which U.S. judgments are recognized and enforced. If a reinsurer from a qualified jurisdiction is certified by the commissioner, they may be allowed to post less than 100% collateral on the risk they assume, as is traditionally required. The amount of collateral that is required to be posted by a certified reinsurer depends on the financial strength rating of the reinsurer. The higher the financial rating of the reinsurer, the less collateral is required potentially all the way down to 0%. Reinsurers certified at lower levels would have the same collateral requirements as current law to be credited. By making these revisions, Wisconsin would modernize its reinsurance provisions and these changes would be consistent with changes made or in the process of being made in other states.
5. Summary of and preliminary comparison with any existing or proposed federal regulation that is intended to address the activities to be regulated by the proposed rule:
There are no federal regulations which address these activities.
6. Comparison of similar rules in adjacent states as found by OCI:
Adjacent states have substantially similar provision which may be found at the citations listed below.
Illinois: 215 ILL. COMP. STAT. 5/173.1
Iowa: Iowa Code §§ 521B.101 to 521B.106
Minnesota: Minn. Stat. §§ 60A.09 to 60A.095
7. A summary of the factual data and analytical methodologies that OCI used in support of the proposed rule and how any related findings support the regulatory approach chosen for the proposed rule:
OCI based this rule on the NAIC model law and regulations as adopted and that have been enacted or will likely be enacted by all 51 jurisdictions in the United States and Puerto Rico.
8. Any analysis and supporting documentation that OCI used in support of OCI’s determination of the rule’s effect on small businesses under s. 227.114:
See the attached Private Sector Fiscal Analysis.
9. A description of the Effect on Small Business:
This rule will have little or no effect on small businesses. This rule will reduce the collateral requirements of certain reinsurers with at least $250 million in capital so would not affect small businesses. There may be some insurers that qualify as small businesses who cede risk to reinsurers but the rule is not expected to have any effect on their ability to take credit for reinsurance ceded and could make it easier to do business with a reinsurer.
10. Agency contact person:
Phone: (608) 267-9586
Address: 125 South Webster St – 2nd Floor, Madison WI 53703-3474
Mail: PO Box 7873, Madison, WI 53707-7873