A. If in any contract year the gross premium charged by an insurer on a policy or contract is less than the valuation net premium for the policy or contract calculated by the method used in calculating the reserve but using the minimum valuation standards of mortality and rate of interest, 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 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. The minimum valuation standards of mortality and rate of interest referred to in this section are those standards stated in §§ 38.2-1369 and 38.2-1371.
B. For a life insurance policy issued on or after January 1, 1986, for which the gross 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 which provides an endowment benefit or a cash surrender value or a combination in an amount greater than the excess premium, the provisions of this section shall be applied as if the method actually used in calculating the reserve for the policy were the method described in § 38.2-1372, ignoring subsection B of § 38.2-1372. The minimum reserve at each policy anniversary of such a policy shall be the greater of the minimum reserve calculated in accordance with § 38.2-1372, including subsection B of that section, and the minimum reserve calculated in accordance with this section.
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