623.06(4)(a)
(a) Life insurance policies providing for a varying amount of insurance or requiring the payment of varying premiums.
623.06(4)(b)
(b) Group annuity and pure endowment contracts purchased under a retirement plan or plan of deferred compensation, established or maintained by an employer, including a partnership or sole proprietorship, or by an employe organization, or by both, other than a plan providing individual retirement accounts or individual retirement annuities under section
408 of the internal revenue code, as amended.
623.06(4)(c)
(c) Disability and accidental death benefits in all policies and contracts.
623.06(4)(d)
(d) All other benefits, except life insurance and endowment benefits in life insurance policies and benefits provided by all other annuity and pure endowment contracts.
623.06(4m)
(4m) This subsection applies to all annuity and pure endowment contracts other than group annuity and pure endowment contracts purchased under a retirement plan or plan of deferred compensation, established or maintained by an employer (including a partnership or sole proprietorship) or by an employe organization, or by both, other than a plan providing individual retirement accounts or individual retirement annuities under section 408 of the U.S. internal revenue code, as now or hereafter amended. Reserves according to the commissioners annuity reserve method for benefits under annuity or pure endowment contracts, excluding any disability and accidental death benefits in such contracts, shall be the greatest of the respective excesses of the present values, at the date of valuation, of the future guaranteed benefits, including guaranteed nonforfeiture benefits, provided for by such contracts at the end of each respective contract year, over the present value, at the date of valuation, of any future valuation considerations derived from future gross considerations, required by the terms of such contract, that become payable prior to the end of such respective contract year. The future guaranteed benefits shall be determined by using the mortality table, if any, and the interest rate specified in such contracts for determining guaranteed benefits. The valuation considerations are the portions of the respective gross considerations applied under the terms of such contracts to determine nonforfeiture values.
623.06(5)(a)(a) In no event may a company's aggregate reserves for all life insurance policies, excluding disability and accidental death benefits, issued on or after the effective date of this section, be less than the aggregate reserves calculated in accordance with the method set forth in
subs. (3) to
(4m) and
(7) and the mortality table or tables and rate or rates of interest used in calculating nonforfeiture benefits for such policies.
623.06(5)(b)
(b) In no event may a company's aggregate reserves for all policies, contracts and benefits be less than the aggregate reserves determined by a qualified actuary in an opinion under
sub. (1m) (b) 1. to be necessary to make adequate provision for the company's obligations under the policies and contracts.
623.06(6)
(6) Reserves for all policies and contracts issued prior to the effective date of this subsection may be calculated, at the option of the company, according to any standards that produce greater aggregate reserves for all such policies and contracts than the minimum reserves required by the laws in effect immediately prior to such date. Reserves for any category of policies, contracts or benefits as established by the commissioner, issued on or after the effective date of this subsection, may be calculated, at the option of the company, according to any standards that produce greater aggregate reserves for such category than those calculated according to the minimum standard herein provided, but the rate or rates of interest used for policies and contracts, other than annuity and pure endowment contracts, shall not be higher than the corresponding rate or rates of interest used in calculating any nonforfeiture benefits provided for therein. Any such company that at any time has adopted any standard of valuation producing greater aggregate reserves than those calculated according to the minimum standard herein provided may, with the approval of the commissioner, adopt any lower standard of valuation, but not lower than the minimum herein provided. For the purposes of this subsection, holding any additional reserves that a qualified actuary, in an opinion under
sub. (1m) (b) 1., determined to be necessary to make adequate provision for the company's obligations under the policies and contracts shall not be considered the adoption of a higher standard of valuation.
623.06(7)(a)(a) If in any contract year the gross premium charged by any life insurance company on any policy or contract is less than the valuation net premium for the policy or contract calculated by the method used in calculating its reserve but using the minimum valuation standards of mortality and rate of interest under
subs. (2) and
(2m), the minimum reserve required for the policy or contract shall be the greater of either the reserve calculated according to the mortality table, rate of interest, and method actually used for the policy or contract, or the reserve calculated by the method actually used for the policy or contract but using the minimum valuation standards of mortality and rate of interest under
subs. (2) and
(2m) and replacing the valuation net premium by the actual gross premium in each contract year for which the valuation net premium exceeds the actual gross premium.
623.06(7)(b)1.1. In this paragraph, "excess premium" means the amount by which a gross premium in the first policy year exceeds the gross premium in the 2nd policy year.
623.06(7)(b)2.
2. If a life insurance policy issued on or after January 1, 1984, provides no comparable benefit in the first year for an excess premium and provides an endowment benefit, cash surrender value or both in an amount greater than the excess premium, the minimum reserve at each policy anniversary is the greater of the minimum reserve under
subs. (3) to
(4) and the minimum reserve under
par. (a).
623.06(7)(b)3.
3. For purposes of
par. (a), the method used in calculating the reserve of a policy under
subd. 2. is specified under
subs. (3) to
(4).
623.06(7)(c)
(c) If a plan of life insurance provides for future determination of premiums based on recent estimates of future experience available at the time of the determination, or if the minimum reserves for a plan of life insurance or an annuity cannot be determined under
subs. (3) to
(4m) and this subsection, the commissioner shall by rule adopt a method for determining the minimum reserves for the plan or annuity. A rule adopted under this paragraph shall specify a method consistent with the principles of this section and appropriate in relation to the benefits and pattern of premiums for the plan or annuity.
623.06(8)
(8) This section shall become effective on the same date as does
s. 632.43. The provisions of this section shall supersede all provisions of law inconsistent or in conflict therewith.
623.11
623.11
Amount of compulsory surplus. 623.11(1)
(1)
Determination of amount. Except as provided in
sub. (3), the commissioner shall, when necessary, determine the amount of compulsory surplus that an insurer is required to have in order not to be financially hazardous under
s. 645.41 (4), as an amount that will provide reasonable security against contingencies affecting the insurer's financial position that are not fully covered by reserves or by reinsurance.
623.11(1)(a)
(a)
Types of contingencies. The commissioner shall consider the risks of:
623.11(1)(a)1.
1. Increases in the frequency or severity of losses beyond the levels contemplated by the rates charged;
623.11(1)(a)2.
2. Increases in expenses beyond those contemplated by the rates charged;
623.11(1)(a)3.
3. Decreases in the value of or the return on invested assets below those planned on;
623.11(1)(a)4.
4. Changes in economic conditions that would make liquidity more important than contemplated and would force untimely sale of assets or prevent timely investments;
623.11(1)(a)5.
5. Currency devaluation to which the insurer may be subject; and
623.11(1)(a)6.
6. Any other contingencies the commissioner can identify which may affect the insurer's operations.
623.11(1)(b)
(b)
Controlling factors. In making the determination under this subsection, the commissioner shall take into account the following factors:
623.11(1)(b)1.
1. The most reliable information available as to the magnitude of the various risks under
par. (a);
623.11(1)(b)2.
2. The extent to which the risks in
par. (a) are independent of each other or are related, and whether any dependency is direct or inverse;
623.11(1)(b)4.
4. The extent to which the insurer has provided protection against the contingencies in other ways than the establishment of surplus, including redundancy of premiums; adjustability of contracts under their terms; investment valuation reserves whether voluntary or mandatory; appropriate reinsurance; the use of conservative actuarial assumptions to provide a margin of security; reserve adjustments after rate increases for policies written at earlier and less adequate rates; contingency or catastrophe reserves; diversification of assets and underwriting risks;
623.11(1)(b)5.
5. Independent judgments of the soundness of the insurer's operations, as evidenced by the ratings of reliable professional financial reporting services; and
623.11(2)
(2) Rules. Except as provided in
sub. (3), the commissioner may, subject to adjustment to the circumstances of individual insurers in accordance with the factors in
sub. (1) (b), establish by rule minimum ratios for the compulsory surplus in relation to any relevant variables, including the following:
623.11(2)(d)
(d) Equity investments of all or certain kinds in combination with any of the variables under
pars. (a) to
(c).
623.11(3)
(3) Health maintenance organization insurers. The amount of compulsory surplus required of a health maintenance organization insurer is the amount provided in
s. 609.97.
623.11 Note
NOTE: Chapter 260, laws of 1971, which created this chapter of the statutes, contained notes explaining the revision.
623.12
623.12
Amount of security surplus. The security surplus shall be set by the commissioner between 110% and 140% of the compulsory surplus. In setting the figure the commissioner may consider such factors as the size of the insurer, its recent experience, the volatility of the lines of insurance in which it engages and any other relevant factors.
623.12 History
History: 1971 c. 260.
623.15
623.15
Fraternal rates and reserves. 623.15(1)(a)(a) In this subsection, "owner" means the owner of a policy or certificate issued by a fraternal in accordance with
s. 614.10.
623.15(1)(b)
(b) A fraternal may be organized for the transaction of business on a plan set forth in the contract which provides for sufficient contributions by each owner in each year to pay the owner's share of the actual death claims of the year through advance payments graded according to any mortality table approved by the commissioner, without any reserve, or with such reserve as may accumulate from overpayments of individual owners, in which case each owner shall each year be informed of the owner's credit and of the cost of the owner's insurance.
623.15(2)
(2) Rates. Every fraternal shall collect regular premiums for each coverage it provides at adequate rates that are approved by the commissioner or conform to standards set in rules promulgated by the commissioner.
623.15(3)
(3) Reserves. The reserves of a fraternal are subject to the same requirements as those of
ch. 611 insurers writing the same coverages except that the commissioner may authorize the use of suitable fraternal mortality tables or other appropriate tables instead of the tables used by
ch. 611 insurers.
623.15 Annotation
Legislative Council Note, 1975: Sub. (1) continues s. 208.18 with a change from a specified mortality table to one approved by the commissioner. A nonreserve society can be perfectly sound actuarially and should be permitted if it is. The natural premium basis contemplated by this section is sound but not very attractive in the market.
623.15 Annotation
Sub. (2) continues in simplified form the provisions of s. 208.15 (1) and (2).
623.15 Annotation
Sub. (3) much simplifies ss. 208.09 (2) (b) and (c) and 208.15 (4) and (5). [Bill 643-S]
623.21
623.21
Adjustment of reserves. The commissioner may order an insurer to adjust its reserves if they do not bear an appropriate relationship to its obligations.
623.21 History
History: 1973 c. 293.
623.34
623.34
Accounting for repurchased shares. When a corporation acquires its own shares under
s. 611.34 or in any other way, the acquired shares shall be accounted for as a deduction from capital and not as assets.
623.34 History
History: 1979 c. 102.
