CHAPTER 623
INSURANCE — ACCOUNTING AND RESERVES
623.02 Standards for accounting rules.
623.03 Valuation of assets.
623.04 Valuation of liabilities.
623.06 Standard valuation law.
623.11 Amount of compulsory surplus.
623.12 Amount of security surplus.
623.15 Fraternal rates and reserves.
623.21 Adjustment of reserves.
623.34 Accounting for repurchased shares.
Ch. 623 Cross-reference
Cross-reference: See definitions in ss.
600.03 and
628.02.
Ch. 623 Cross-reference
Cross-reference: See also chs.
Ins 41,
50,
51,
52, and
55, Wis. adm. code.
623.01
623.01
Applicability. Except as otherwise provided, this chapter and the rules promulgated under it apply to all insurers authorized to do business in this state.
623.01 History
History: 1979 c. 102.
623.01 Cross-reference
Cross-reference: See also s.
Ins 3.17, Wis. adm. code.
623.02
623.02
Standards for accounting rules. When promulgating accounting rules, the commissioner shall consider recommendations made by the National Association of Insurance Commissioners, generally accepted accounting principles both in the insurance industry and outside it, the requirements of the law and the needs of regulation, including detection of insolvency, and the needs for information of insureds, investors, and the public.
623.02 History
History: 1973 c. 293.
623.02 Cross-reference
Cross-reference: See also ch.
Ins 50, Wis. adm. code.
623.02 Note
NOTE: The bill that created 623.02 to 623.04 and 623.21, 1973 SB 174, contained extensive explanatory notes that may be found in the bill drafting file in the Legislative Reference Bureau for
Chapter 293, laws of 1973.
623.03
623.03
Valuation of assets. The commissioner shall promulgate rules for the valuation of assets to be reported on the statements submitted under
s. 601.42 (1g) (a) as well as for other purposes. The commissioner may specify that certain classes of assets shall be valued at zero or given a nominal value, and when necessary to achieve the purposes of this section may specify different bases of valuation for different purposes.
623.03 Cross-reference
Cross-reference: See also ch.
Ins 50, Wis. adm. code.
623.04
623.04
Valuation of liabilities. The commissioner shall promulgate rules specifying the liabilities required to be reported by insurers in the financial statements submitted under
s. 601.42 (1g) (a) and the methods of valuing them. In the case of life insurance such methods shall be consistent with
s. 623.06.
623.04 Cross-reference
Cross-reference: See also ch.
Ins. 50 and s.
Ins 3.04, Wis. adm. code.
623.06
623.06
Standard valuation law. 623.06(1c)
(1c) In this section, "qualified actuary" means a member in good standing of the American academy of actuaries who meets any other requirements that the commissioner may by rule specify.
623.06(1f)
(1f) The commissioner shall annually value, or cause to be valued, the reserve liabilities (hereinafter called reserves) for all outstanding life insurance policies and annuity and pure endowment contracts of every life insurance company doing business in this state, except that in the case of an alien company, such valuation shall be limited to its United States business, and may certify the amount of any such reserves, specifying the mortality table or tables, rate or rates of interest and methods (net level premium method or other) used in the calculation of such reserves. In calculating such reserves, the commissioner may use group methods and approximate averages for fractions of a year or otherwise. In lieu of the valuation of the reserves herein required of any foreign or alien company, the commissioner may accept any valuation made, or caused to be made, by the insurance supervisory official of any state or other jurisdiction when such valuation complies with the minimum standard herein provided and if the official of such state or jurisdiction accepts as sufficient and valid for all legal purposes the certificate of valuation of the commissioner when such certificate states the valuation to have been made in a specified manner according to which the aggregate reserves would be at least as large as if they had been computed in the manner prescribed by the law of that state or jurisdiction.
623.06(1m)(a)1.1. For each year ending on or after December 31, 1996, every life insurance company doing business in this state shall submit to the commissioner, with its annual statement due by March 1 of the following year, an opinion by a qualified actuary as to whether the reserves and related actuarial items held in support of the policies and contracts specified by the commissioner by rule satisfy all of the following:
623.06(1m)(a)1.b.
b. They are based on assumptions that satisfy contractual provisions.
623.06(1m)(a)2.
2. The commissioner shall by rule specify in detail the nature of the information required in the opinion under
subd. 1. and may by rule require any additional information that the commissioner determines is necessary to the scope of the opinion.
623.06(1m)(b)1.1. Every life insurance company not exempted by rule shall include with the opinion required under
par. (a) the opinion of the qualified actuary as to whether the reserves and related actuarial items held in support of the policies and contracts specified by the commissioner by rule, when considered in light of the assets held by the company with respect to the reserves and related actuarial items, including but not limited to the investment earnings on the assets and the considerations anticipated to be received and retained under the policies and contracts, make adequate provision for the company's obligations under the policies and contracts, including but not limited to the benefits under and expenses associated with the policies and contracts. The commissioner may by rule provide for a transition period for an insurance company to establish any higher reserves that the qualified actuary determines are necessary to make adequate provision for the company's obligations under the policies and contracts.
623.06(1m)(b)2.
2. An insurance company that is required to submit an opinion under
subd. 1. shall have prepared by the qualified actuary who renders the opinion a memorandum in support of the opinion under
subd. 1. The commissioner shall specify by rule the form and content of the memorandum. The insurance company shall provide the memorandum to the commissioner, at the commissioner's request, for his or her examination. After examination, the commissioner shall return the memorandum to the insurance company. The memorandum shall not be considered a record of the commissioner's office.
623.06(1m)(b)3.
3. If an insurance company fails to provide a supporting memorandum to the commissioner upon request within the period specified by rule, or if the commissioner determines that the supporting memorandum provided by an insurance company fails to meet the standards prescribed by rule or is otherwise unacceptable, the commissioner may retain a qualified actuary at the expense of the insurance company to review the opinion required under
subd. 1. and the basis for the opinion and to prepare such supporting memorandum as the commissioner requires.
623.06(1m)(c)1.
1. The opinion shall apply to all business in force, including individual and group health insurance plans, in form and substance acceptable to the commissioner as specified by rule.
623.06(1m)(c)2.
2. The opinion shall be based on standards adopted from time to time by the actuarial standards board established by the American academy of actuaries and on such additional standards as the commissioner may by rule prescribe.
623.06(1m)(c)3.
3. In the case of an opinion required to be submitted by a foreign or alien company, the commissioner may accept the opinion filed by that company with the insurance supervisory official of another state if the commissioner determines that the opinion reasonably meets the requirements applicable to a company domiciled in this state.
623.06(1m)(d)
(d) Except for fraud or willful misconduct, a qualified actuary may not be held liable for damages to any person other than the insurance company or the commissioner for any act, error, omission, decision or conduct with respect to an opinion required under this subsection.
623.06(1m)(e)
(e) The commissioner shall specify by rule any disciplinary action that the commissioner may take against an insurance company or a qualified actuary related to any of the requirements under this subsection.
623.06(1m)(f)1.1. The commissioner shall keep confidential any memorandum in support of, and any other material provided by an insurance company to the commissioner in connection with, an opinion required under this subsection. Any such memorandum or other material may not be made public and may not be subject to subpoena except for the purpose of defending an action seeking damages from any person on account of an act required under this subsection or required by a rule authorized or required under this subsection.
623.06(1m)(f)2.
2. The commissioner may release any such memorandum or other material with the written consent of the insurance company, or to the American academy of actuaries upon its request if the memorandum or other material is required for professional disciplinary proceedings and if the request sets forth procedures that are satisfactory to the commissioner for preserving the confidentiality of the memorandum or other material.
623.06(1m)(f)3.
3. A memorandum loses its confidentiality if the insurance company cites any portion of the memorandum for marketing purposes or before any governmental agency other than a state insurance department or if the insurance company releases any portion of the memorandum to the news media.
623.06(2)
(2) Except as provided in
subs. (2a) and
(2m), the minimum standard for the valuation of all such policies and contracts issued prior to the effective date of this section [see
sub. (8) and
s. 632.43 (9)] shall be that provided by the laws in effect immediately prior to such date. Except as provided in
subs. (2a) and
(2m), the minimum standard for the valuation of all such policies and contracts issued on or after the effective date of this section shall be the commissioners reserve valuation methods defined in
subs. (3) to
(4m) and
(7), with 3-1/2% interest, or in the case of policies and contracts, other than annuity and pure endowment contracts, issued on or after June 19, 1974, and prior to November 8, 1977, 4% interest, and for policies issued on or after November 8, 1977, 4.5% interest and the following tables:
623.06(2)(a)
(a) For all ordinary policies of life insurance issued on the standard basis, excluding any disability and accidental death benefits in those policies, the commissioners 1941 standard ordinary mortality table for those policies issued before the operative date of
s. 632.43 (6) (b), and the commissioners 1958 standard ordinary mortality table for those policies issued on or after the operative date of
s. 632.43 (6) (b) and before the operative date of
s. 632.43 (6m). For any category of those policies issued on female risks all modified net premiums and present values referred to in this section may be calculated according to an age not more than 6 years younger than the actual age of the insured.
623.06(2)(am)1.
1. The commissioners 1980 standard ordinary mortality table;
623.06(2)(am)2.
2. At the election of the company for any one or more specified plans of life insurance, the commissioners 1980 standard ordinary mortality table with 10-year select mortality factors; or
623.06(2)(am)3.
3. Any ordinary mortality table adopted after 1980 by the National Association of Insurance Commissioners, that is approved by rule adopted by the commissioner for use in determining the minimum standard of valuation for those policies.
