AB420,26,1211 (c) Notwithstanding par. (b), any confidential information specified in par. (am)
121. and 4. is subject to all of the following:
AB420,26,1713 1. The confidential information may be subject to subpoena for the purpose of
14defending an action seeking damages from the appointed actuary submitting the
15related memorandum in support of an opinion submitted under sub. (1m) or (1r) or
16the principle-based valuation report developed under sub. (10) (b) 3. by reason of an
17action required by this section or rules promulgated under this section.
AB420,26,1918 2. The confidential information may otherwise be released by the commissioner
19with the written consent of the company.
AB420,26,2520 3. If any portion of a memorandum in support of an opinion submitted under
21sub. (1m) or (1r) or any portion of the principle-based valuation report developed
22under sub. (10) (b) 3. is cited by the company in its marketing, is publicly volunteered
23to or before a government agency other than a state insurance department, or is
24released by the company to the news media, all portions of such memorandum or
25report shall no longer be confidential.
AB420,45
1Section 45. 623.06 (13) (b) of the statutes is created to read:
AB420,27,32 623.06 (13) (b) Subsections (1), (1f) (b), (1r), and (8m) to (12) shall become
3effective on the effective date of this paragraph .... [LRB inserts date].
AB420,46 4Section 46. 628.07 of the statutes is amended to read:
AB420,27,12 5628.07 Licensing of nonresidents. The commissioner may shall waive the
6any examination requirement of an examination for a nonresident applicant under
7s. 628.04 if the jurisdiction of the applicant's residence has imposed upon the
8applicant requirements substantially as rigorous as those of this state and has
9enforced them with comparable rigor
home state or state of residence has issued the
10applicant a license for which the qualifications are equivalent to the qualifications
11for a license issued by this state and if that license is in good standing at the time of
12application
.
AB420,47 13Section 47. 628.10 (2) (a) of the statutes is amended to read:
AB420,27,2514 628.10 (2) (a) For failure to comply with continuing education or annual
15training requirements.
The license of any intermediary or individual navigator who
16fails to produce evidence of compliance with continuing education standards set by
17the commissioner or with annual training requirements is revoked, effective on the
18date on which the evidence of compliance is due. At least 60 days before that date,
19the commissioner shall send by 1st class mail to the intermediary's or navigator's
20address that is on file with the commissioner notice
notify the intermediary or
21navigator
of the date by which the evidence of compliance is due and that the
22intermediary's or navigator's license will be revoked if the evidence is not received
23by that date. An intermediary or navigator whose license is revoked under this
24paragraph may have his or her license reinstated, or may be relicensed, as provided
25in sub. (5).
AB420,48
1Section 48. 628.10 (2) (am) of the statutes is amended to read:
AB420,28,102 628.10 (2) (am) Nonpayment of fees. The license of an intermediary or
3individual navigator who fails to pay a fee when due is revoked, effective on the date
4on which the fee is due. At least 60 days before that date, the commissioner shall send
5by 1st class mail to the intermediary's or navigator's address that is on file with the
6commissioner notice
notify the intermediary or navigator of the date by which the
7fee is due and that the intermediary's or navigator's license will be revoked if timely
8payment is not made. An intermediary who is a natural person, or an individual
9navigator, whose license is revoked under this paragraph may have his or her license
10reinstated, or may be relicensed, as provided in sub. (5).
AB420,49 11Section 49. 628.347 (1) (a) of the statutes is amended to read:
AB420,28,1412 628.347 (1) (a) "Annuity" means a fixed or variable an annuity that is an
13insurance product that is individually solicited, whether the product is classified as
14an individual or group annuity.
AB420,50 15Section 50. 628.347 (4) (c) of the statutes is amended to read:
AB420,28,1816 628.347 (4) (c) This subsection applies to FINRA broker-dealer sales of
17variable annuities and fixed annuities if the suitability and supervision are similar
18to those applied to variable annuity sales.
AB420,51 19Section 51. 628.347 (4m) (b) 3. c. of the statutes is amended to read:
AB420,28,2120 628.347 (4m) (b) 3. c. How fixed, variable, and indexed product-specific
21annuity contract provisions features affect consumers.
AB420,52 22Section 52. 628.81 of the statutes is repealed.
AB420,53 23Section 53. 631.95 (3) (a) of the statutes is amended to read:
AB420,29,424 631.95 (3) (a) Disability insurance. In establishing premiums for an individual
25or group disability insurance policy or a certificate of group disability insurance, an

1insurer may inquire about a person's existing medical condition and, based on the
2opinion of a qualified actuary, as defined in s. 623.06 (1c) (1) (h), use information
3related to a person's existing medical condition, regardless of whether that condition
4is or may have been caused by abuse or domestic abuse.
AB420,54 5Section 54. 632.43 (6m) (a) 3. of the statutes is renumbered 632.43 (6m) (a)
63. (intro.) and amended to read:
AB420,29,87 632.43 (6m) (a) 3. (intro.) "Nonforfeiture interest rate" means 125% either of
8the following:
AB420,29,11 9a. For all policies other than those described in subd. 3. b., 125 percent of the
10applicable calendar year valuation interest rate under s. 623.06 rounded to the
11nearest 0.25% 0.25 percent, but in no case less than 4 percent.
AB420,55 12Section 55. 632.43 (6m) (a) 3. b. of the statutes is created to read:
AB420,29,1413 632.43 (6m) (a) 3. b. For policies issued on or after the operative date of the
14valuation manual, the rate per annum provided in the valuation manual.
AB420,56 15Section 56. 632.43 (6m) (a) 4m. of the statutes is created to read:
AB420,29,1716 632.43 (6m) (a) 4m. "Operative date of the valuation manual" has the meaning
17given in s. 623.06 (1) (f).
AB420,57 18Section 57. 632.43 (6m) (e) 3. f. of the statutes is amended to read:
AB420,30,1019 632.43 (6m) (e) 3. f. Any For policies issued before the operative date of the
20valuation manual, any
ordinary mortality tables adopted after 1980 by the National
21Association of Insurance Commissioners, that are approved by rule adopted by the
22commissioner for use in determining the minimum nonforfeiture standard, may be
23substituted for the commissioners 1980 standard ordinary mortality table with or
24without 10-year select mortality factors or for the commissioners 1980 extended
25term insurance table. For policies issued on or after the operative date of the

1valuation manual, the valuation manual provides the commissioners standard
2mortality table for use in determining the minimum nonforfeiture standard that
3may be substituted for the commissioners 1980 standard ordinary mortality table
4with or without 10-year select mortality factors or for the commissioners 1980
5extended term insurance table. If the commissioner approves, by rule, any ordinary
6mortality table adopted by the National Association of Insurance Commissioners for
7use in determining the minimum nonforfeiture standard for policies issued on or
8after the operative date of the valuation manual, then that minimum nonforfeiture
9standard supersedes the minimum nonforfeiture standard provided by the valuation
10manual.
AB420,58 11Section 58. 632.43 (6m) (e) 3. g. of the statutes is amended to read:
AB420,31,212 632.43 (6m) (e) 3. g. Any For policies issued before the operative date of the
13valuation manual, any
industrial mortality tables adopted after 1980 by the
14National Association of Insurance Commissioners, that are approved by rule
15adopted by the commissioner for use in determining the minimum nonforfeiture
16standard, may be substituted for the commissioners 1961 standard industrial
17mortality table or the commissioners 1961 industrial extended term insurance table.
18For policies issued on or after the operative date of the valuation manual, the
19valuation manual provides the commissioners standard mortality table for use in
20determining the minimum nonforfeiture standard that may be substituted for the
21commissioners 1961 standard industrial mortality table or for the commissioners
221961 industrial extended term insurance table. If the commissioner approves, by
23rule, any industrial mortality table adopted by the National Association of Insurance
24Commissioners for use in determining the minimum nonforfeiture standard for
25policies issued on or after the operative date of the valuation manual, then that

1minimum nonforfeiture standard supersedes the minimum nonforfeiture standard
2provided by the valuation manual.
AB420,59 3Section 59. 632.62 (2) of the statutes is amended to read:
AB420,31,84 632.62 (2) Participation. Every participating policy shall by its terms give its
5holder full right to participate annually in the part of the surplus accumulations from
6the participating business of the insurer that are to be distributed
make its holder
7eligible to share annually in the part of the surplus to be distributed as provided in
8sub. (4) (b)
.
AB420,60 9Section 60. 632.62 (3) of the statutes is amended to read:
AB420,31,1310 632.62 (3) Accounting. Every insurer issuing both participating and
11nonparticipating policies shall separately account for the 2 classes of business and
12no part of the amounts accumulated or credited surplus allocated to the participating
13class may be voluntarily transferred to the nonparticipating class.
AB420,61 14Section 61. 632.62 (4) (a) of the statutes is amended to read:
AB420,31,1715 632.62 (4) (a) Deferred dividends. No life insurance policy or certificate may
16be issued in which the accounting, apportionment and distribution of surplus
17dividends, if any, is deferred for a period longer than one year.
AB420,62 18Section 62. 632.62 (4) (b) of the statutes is amended to read:
AB420,32,1219 632.62 (4) (b) Payment. Every insurer doing a participating business shall
20annually ascertain the surplus over required reserves and other liabilities. After
21setting aside such contingency reserves amounts as may be lawful and considered
22necessary and be lawful, such reasonable nondistributable surplus as is needed to
23permit orderly growth,
by the insurer's board of directors for providing for the growth
24of the company and for protecting the ability to meet ongoing and future claims and
25other obligations and needs under both normal and stressed environments, and after


1making provision for the payment of reasonable dividends upon capital stock as
2determined by the insurer's board of directors
and such sums as are required by prior
3contracts to be held on account of deferred dividend policies, the remaining surplus
4shall be equitably apportioned and returned as a dividend to the participating
5policyholders or certificate holders entitled to share therein
an insurer shall
6distribute as dividends the remaining surplus, if any, attributable to participating
7life insurance and annuity policies in such amounts, including zero, and in such
8allocations among the participating life insurance and annuity policies as its board
9of directors determines to be reasonably proportioned to its calculation of the life
10insurance and annuity policies' contribution to the distributable surplus
. A dividend
11may be conditioned on the payment of the succeeding year's premium only on the
12first and second anniversaries of the policy.
AB420,63 13Section 63. 632.89 (3c) (b) of the statutes is amended to read:
AB420,32,2214 632.89 (3c) (b) A cost increase specified under par. (a) may not be determined
15until the employer's group health benefit plan or self-insured health plan has
16complied with the requirements under sub. (3) for at least the first 6 months of the
17plan year for which the increase is to be determined. The cost increase shall be
18determined, and certified, by a qualified actuary, as defined in s. 623.06 (1c) (1) (h).
19A copy of the actuary's determination, and all underlying documentation that the
20actuary relied on in making the determination, shall be filed with and, in accordance
21with rules promulgated by the commissioner, retained by the insurer issuing the
22group health benefit plan or by the self-insured health plan.
AB420,64 23Section 64. 635.13 (title) of the statutes is repealed.
AB420,65 24Section 65. 635.13 (1) of the statutes is renumbered 635.13.
AB420,66 25Section 66. 635.13 (2) of the statutes is repealed.
AB420,67
1Section 67. 645.675 of the statutes is created to read:
AB420,33,2 2645.675 Qualified financial contracts. (1) In this section:
AB420,33,73 (a) "Actual direct compensatory damages" includes normal and reasonable
4costs of cover or other reasonable measures of damages used in the derivatives,
5securities, or other markets for the contract and agreement claims. "Actual direct
6compensatory damages" does not include punitive or exemplary damages, damages
7for lost profit or lost opportunity, or damages for pain and suffering.
AB420,33,108 (b) "Business day" means any day other than a Saturday, a Sunday, or a day
9on which the New York Stock Exchange, or the Federal Reserve Bank of New York
10is closed.
AB420,33,1111 (c) "Commodity contract" means any of the following:
AB420,33,1512 1. A contract for the purchase or sale of a commodity for future delivery on, or
13subject to the rules of, a board of trade or contract market under the federal
14Commodity Exchange Act, 7 USC 1, et seq., or a board of trade outside the United
15States.
AB420,33,1816 2. An agreement that is subject to regulation under the federal Commodity
17Exchange Act, 7 USC 23, and that is commonly known to the commodities trade as
18a margin account, margin contract, leverage account, or leverage contract.
AB420,33,2119 3. An agreement or transaction that is subject to regulation under the federal
20Commodity Exchange Act, 7 USC 6c, and that is commonly known to the
21commodities trade as a commodity option.
AB420,33,2222 4. Any combination of agreements or transactions specified in subds. 1. to 3.
AB420,33,2423 5. Any option to enter into an agreement or transaction specified in subds. 1.
24to 3.
AB420,34,11
1(d) "Contractual right" includes any right established in a rule or bylaw, or in
2a resolution, of the governing board of a derivatives clearing organization or board
3of trade as defined in the federal Commodity Exchange Act, 7 USC 1, et seq.; a
4multilateral clearing organization, as defined in the federal Deposit Insurance
5Corporation Improvement Act of 1991, 12 USC 4402; a national securities exchange,
6a national securities association, a securities clearing agency, or a control market
7designated under the federal Commodity Exchange Act, 7 USC 1, et seq.; or a
8derivatives transaction execution facility registered under the federal Commodity
9Exchange Act, 7 USC 1, et seq., or any right, regardless whether it is in writing,
10arising under statutory or common law, or under the uniform commercial code, or by
11reason of normal business practice.
AB420,34,1312 (e) "Counterparty" means a person who enters into a qualified financial
13contract with an insurer.
AB420,34,1614 (f) "Credit insurance" means insurance against loss arising from failure of
15debtors to meet financial obligations to creditors, except mortgage guaranty
16insurance.
AB420,34,2017 (g) "Credit life insurance" means insurance on the lives of borrowers or
18purchasers of goods in connection with specific loans or credit transactions when all
19or a portion of the insurance is payable to the creditor to reduce or extinguish the
20debt.
AB420,34,2221 (h) "Disability insurance" means insurance covering injury or death of persons
22caused by accident or insurance covering the health of persons.
AB420,35,323 (i) "Financial guaranty insurance" means a surety bond, insurance policy,
24indemnity contract, or any similar guarantee issued by an insurer under which a loss
25is payable upon proof of occurrence of financial loss to an insured claimant.

1"Financial guaranty insurance" does not include credit insurance, credit life
2insurance, disability insurance, mortgage guaranty insurance, or long-term care
3insurance.
AB420,35,64 (j) "First-method provision" means a contract provision in which the
5nondefaulting party is not required to pay if a net or settlement amount is owed to
6the defaulting party.
AB420,35,77 (k) "Forward contract" has the meaning given in 12 USC 1821 (e) (8) (D).
AB420,35,98 (L) "Mortgage guaranty insurance" means insurance against loss arising from
9any of the following:
AB420,35,1110 1. Debtors to meet financial obligations to creditors under evidences of
11indebtedness that are secured by any of the following:
AB420,35,1312 a. A first lien or charge on residential real estate designed for occupancy by not
13more than 4 families.
AB420,35,1514 b. A first lien of charge on residential real estate designed for occupancy by 5
15or more families.
AB420,35,1716 c. A first lien or charge on real estate designed for industrial or commercial
17purposes.
AB420,35,1818 d. A junior lien or charge on residential real estate.
AB420,35,2019 2. Lessees to make payment on rentals under leases of real estate in which the
20lease extends for 3 years or longer.
AB420,35,2121 (m) "Netting agreement" means any of the following:
AB420,36,522 1. A contract or agreement, or terms and conditions in a contract or agreement,
23including a master agreement together with all schedules, confirmations,
24definitions, and addenda, that documents one or more transactions between the
25parties to the agreement for, or involving, one or more qualified financial contracts

1and that provides for either the netting, liquidation, setoff, termination,
2acceleration, or close-out under, or in connection with, one or more qualified
3financial contracts or present or future payment or delivery obligations or
4entitlements, including related liquidation or close-out values, among the parties to
5the netting agreement.
AB420,36,76 2. Any master agreement or bridge agreement for one or more master
7agreements described in subd. 1.
AB420,36,108 3. Any security agreement or arrangement or other credit enhancement or
9guarantee or reimbursement obligation related to any contract or agreement
10described in subd. 1. or 2.
AB420,36,1411 (n) "Qualified financial contract" means a commodity contract, forward
12contract, repurchase agreement, securities contract, swap agreement, or any similar
13agreement that the commissioner determines by rule or order to be a qualified
14financial contract.
AB420,36,1515 (o) "Repurchase agreement" has the meaning given in 12 USC 1821 (e) (8) (D).
AB420,36,1816 (p) "Second-method provision" means a contract provision requiring a
17nondefaulting party to pay if a net or settlement amount is owed to the defaulting
18party.
AB420,36,1919 (q) "Securities contract" has the meaning given in 12 USC 1821 (e) (8) (D).
AB420,36,2020 (r) "Swap agreement" has the meaning given in 12 USC 1821 (e) (8) (D).
AB420,36,2221 (s) "Two-way payment provision" means a contract provision under which both
22parties to the contract may have payment obligations to each other.
AB420,37,423 (t) "Walkaway clause" means a provision in a netting agreement or a qualified
24financial contract that, after calculation of a value of a party's position or an amount
25due to or from one of the parties in accordance with its terms upon termination,

1liquidation, or acceleration of the netting agreement or qualified financial contract,
2either does not create a payment obligation of a party or extinguishes a payment
3obligation of a party, in whole or in part, solely because of the party's status as a
4nondefaulting party.
AB420,37,10 5(2) (a) On or after 5 p.m. central time on the business day following the date
6of appointment of a receiver, with regard to qualified financial contracts with an
7insurer that are subject to a proceeding under this chapter, no person may be stayed
8or prohibited from exercising any of the following rights, unless that person has
9received written notice that the contract has been sold or transferred under s. 645.33
10(2) or 645.46 (9):
AB420,37,1311 1. A contractual right to cause the termination, liquidation, acceleration, or
12close-out of obligations under, or in connection with, any netting agreement or
13qualified financial contract with an insurer on account of any of the following:
AB420,37,1514 a. The insolvency, financial condition, or default of the insurer at any time, if
15the right is enforceable under applicable law other than this chapter.
AB420,37,1616 b. The commencement of a formal delinquency proceeding under this chapter.
AB420,37,2017 2. Any right under a pledge, security, collateral, reimbursement, or guarantee
18agreement or arrangement, or any other similar security agreement or arrangement
19or other credit enhancement, relating to one or more netting agreements or qualified
20financial contracts.
AB420,38,221 3. Subject to s. 645.56 (2), any right to set-off or net-out any termination value,
22payment amount, or other transfer obligation arising under, or in connection with,
23one or more qualified financial contracts in which the counterparty or its guarantor
24is organized under the laws of the United States or a state or foreign jurisdiction

1approved by the National Association of Insurance Commissioners office responsible
2for securities validation as eligible for netting.
AB420,38,83 (b) If a counterparty to a master netting agreement or a qualified financial
4contract with an insurer subject to a proceeding under this chapter terminates,
5liquidates, closes-out, or accelerates the agreement or contract, damages will be
6measured as of the date of the termination, liquidation, close-out, or acceleration.
7The amount of a claim for damages is the actual direct compensatory damages
8calculated in accordance with sub. (6).
AB420,38,20 9(3) Upon termination of a netting agreement or qualified financial contract,
10notwithstanding any walkaway clause in the netting agreement or qualified
11financial contract, the net or settlement amount, if any, owed by a nondefaulting
12party to an insurer against which an application or petition has been filed under this
13chapter shall be transferred to the receiver of the insurer or as directed by the
14receiver of the insurer, even if the insurer is the defaulting party. Any limited 2-way
15payment provision or first-method provision in a netting agreement or qualified
16financial contract with an insurer that has defaulted shall be considered to be a full
172-way payment provision or 2nd-method provision as against the defaulting
18insurer. Any such property or amount is a general asset of the insurer, except to the
19extent that it is subject to one or more secondary liens or encumbrances or rights of
20netting or setoff.
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