A. Except as otherwise provided in §§ 38.2-1373, 38.2-1376, and 38.2-1378, reserves according to the Commissioners reserve valuation method for the life insurance and endowment benefits of policies providing for a uniform amount of insurance and requiring the payment of uniform premiums shall be the excess, if any, of the present value, at the date of valuation, of the future guaranteed benefits provided for by those policies, over the then-present value of any future modified net premiums for those policies. The modified net premiums for a policy shall be the uniform percentage of the respective contract premiums for the benefits, excluding any extra premiums charged because of impairments or special hazards, such that the present value, at the date of issue of the policy, of all modified net premiums shall be equal to the sum of the then-present value of the benefits provided for by the policy and the excess of subdivision 1 over subdivision 2, as follows:
1. A net level annual premium equal to the present value, at the date of issue, of the benefits provided for after the first policy year, divided by the present value, at the date of issue, of an annuity of one per annum payable on the first and each subsequent anniversary of the policy on which a premium falls due. However, the net level annual premium shall not exceed the net level annual premium on the nineteen-year premium whole life plan for insurance of the same amount at an age one year higher than the age at issue of the policy.
2. A net one-year term premium for the benefits provided for in the first policy year.
B. For a life insurance policy issued on or after January 1, 1986, for which the contract premium in the first policy year exceeds that of the second year and for which no comparable additional benefit is provided in the first year for the excess, and that provides an endowment benefit or a cash surrender value or a combination in an amount greater than the excess premium, the reserve according to the Commissioners reserve valuation method as of any policy anniversary occurring on or before the assumed ending date, defined herein as the first policy anniversary on which the sum of any endowment benefit and any cash surrender value then available is greater than the excess premium, shall, except as otherwise provided in § 38.2-1376, be the greater of the reserve as of the policy anniversary calculated as described in subsection A and the reserve as of the policy anniversary calculated as described in that subsection but with (i) the value defined in subdivision A 1 being reduced by 15 percent of the amount of such excess first-year premium, (ii) all present values of benefits and premiums being determined without reference to premiums or benefits provided for by the policy after the assumed ending date, (iii) the policy being assumed to mature on that date as an endowment, and (iv) the cash surrender value provided on that date being considered as an endowment benefit. In making the above comparison, the mortality and interest bases stated in §§ 38.2-1369 and 38.2-1371 shall be used.
C. Reserves according to the Commissioners reserve valuation method shall be calculated by a method consistent with the principles of the preceding subsections for:
1. Life insurance policies providing for a varying amount of insurance or requiring the payment of varying premiums;
2. 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 employee organization, or by both, other than a plan providing individual retirement accounts or individual retirement annuities under § 408 of the Internal Revenue Code, as now or hereafter amended;
3. Disability and accidental death benefits in all policies and contracts; and
4. All other benefits, except life insurance and endowment benefits in life insurance policies and benefits provided by all other annuity and pure endowment contracts.
2014, c. 571.
Structure Code of Virginia
§ 38.2-1300. Annual statements
§ 38.2-1301. Additional reports
§ 38.2-1301.1. Material transaction disclosures
§ 38.2-1302. Extension of filing time
§ 38.2-1303. Printed forms to be filed by insurers; certificates to domestic insurers
§ 38.2-1304. False statements, reports, etc., deemed a Class 5 felony
§ 38.2-1305. Voluntary reports
§ 38.2-1306. Reports to be open to public inspection
§ 38.2-1306.1. Insurance companies' analyses confidential
§ 38.2-1306.2. Valuation of investments and other assets
§ 38.2-1306.3. Nonadmitted assets
§ 38.2-1311. Valuation reserves
§ 38.2-1312. Unearned premium reserves
§ 38.2-1314. Loss or claim reserves
§ 38.2-1315. Mortgage guaranty insurance contingency reserve
§ 38.2-1315.1. Actuarial statements of opinion, reports, memoranda, and summaries
§ 38.2-1316.2. Credit allowed a domestic ceding insurer
§ 38.2-1316.4. Credit allowed any ceding insurer
§ 38.2-1316.7. Rules and regulations
§ 38.2-1316.8. Reinsurance agreements affected
§ 38.2-1317. Examinations; when authorized or required
§ 38.2-1317.1. Examinations; nature and scope
§ 38.2-1317.2. Market analyses confidential
§ 38.2-1318. Examinations; how conducted
§ 38.2-1319. Expense of examination
§ 38.2-1320. Examination reports; general description
§ 38.2-1320.1. Submission of examination report
§ 38.2-1320.2. Filing of report on examination
§ 38.2-1320.3. Examination reports; orders and procedures
§ 38.2-1320.4. Publication and use of examination reports
§ 38.2-1320.5. Confidentiality of ancillary information
§ 38.2-1321. Records of examination preserved
§ 38.2-1321.1. Immunity from liability
§ 38.2-1323. Acquisition of control of insurers
§ 38.2-1324. Contents of application
§ 38.2-1325. Alternate filing materials
§ 38.2-1326. Approval by Commission
§ 38.2-1327. Time for hearing; order of Commission
§ 38.2-1329. Registration of insurers that are members of holding company system
§ 38.2-1330.1. Dividends and other distributions
§ 38.2-1332.1. Supervisory colleges
§ 38.2-1332.2. Group-wide supervision of internationally active insurance groups
§ 38.2-1333. Confidential treatment of information and documents
§ 38.2-1334. Revocation, suspension, or nonrenewal of insurer's license
§ 38.2-1334.1. Voting of securities, injunctions, and sequestration of voting securities
§ 38.2-1334.2:1. Rules and regulations
§ 38.2-1334.2:3. Statutory construction and relationship to other laws
§ 38.2-1334.4. Risk management framework
§ 38.2-1334.5. ORSA requirement
§ 38.2-1334.6. ORSA summary report
§ 38.2-1334.7. Scope of article; exemption
§ 38.2-1334.8. Contents of ORSA summary report
§ 38.2-1334.9. Confidentiality
§ 38.2-1334.12. Disclosure requirement
§ 38.2-1334.13. Contents of Corporate Governance Annual Disclosure
§ 38.2-1334.14. Confidentiality
§ 38.2-1334.15. NAIC and third-party consultants
§ 38.2-1334.16. Rules and regulations
§ 38.2-1336. Subsidiaries of insurers
§ 38.2-1337. Disclaimer of control
§ 38.2-1340. Revocation, suspension, or nonrenewal of insurer's license
§ 38.2-1343. Minimum standards
§ 38.2-1348. License requirements
§ 38.2-1349. Required contract provisions; reinsurance intermediary brokers
§ 38.2-1350. Books and records; reinsurance intermediary brokers
§ 38.2-1351. Duties of insurers utilizing the services of a reinsurance intermediary broker
§ 38.2-1352. Required contract provisions; reinsurance intermediary managers
§ 38.2-1354. Duties of reinsurers utilizing the services of a reinsurance intermediary manager
§ 38.2-1355. Examination authority
§ 38.2-1357. Requirement to report to Commission
§ 38.2-1360. Required contract provisions
§ 38.2-1361. Duties of insurers utilizing managing general agents
§ 38.2-1362. Examination authority
§ 38.2-1364. Requirement to report to Commission
§ 38.2-1366. Reserve valuation
§ 38.2-1367. Actuarial opinion of reserves
§ 38.2-1368. Minimum valuation standard for policies issued prior to certain dates
§ 38.2-1369. Computation of minimum standard
§ 38.2-1370. Computation of minimum standard for annuities
§ 38.2-1371. Computation of minimum standard by calendar year of issue
§ 38.2-1372. Reserve valuation method; life insurance and endowment benefits
§ 38.2-1373. Reserve valuation method; annuity and pure endowment benefits
§ 38.2-1375. Optional reserve calculation
§ 38.2-1376. Reserve calculation; valuation net premium exceeding the gross premium charged
§ 38.2-1377. Reserve calculation; indeterminate premium plans
§ 38.2-1378. Minimum standard for accident and health insurance contracts
§ 38.2-1380. Requirements of a principle-based valuation
§ 38.2-1383. Single state exemption
§ 38.2-1384. Assessment against insurers whose policies are valued