South Dakota Codified Laws
Chapter 26 - Valuation Of Assets, Liabilities And Reserves
Section 58-26-94 - Specifications required for adoption of valuation manual.

58-26-94. Specifications required for adoption of valuation manual.
The director may adopt the NAIC valuation manual of instruction if the valuation manual specifies the following:
(1)Minimum valuation standards for, and definitions of, the policies or contracts subject to §58-26-45.1. The minimum valuation standards are:
(a)The commissioner's reserve valuation method for life insurance contracts, other than annuity contracts, subject to §58-26-45.1;
(b)The commissioners annuity reserve valuation method for annuity contracts subject to §58-26-45.1; and
(c)Minimum reserves for all other policies or contracts subject to §58-26-45.1;
(2)Which policies or contracts or types of policies or contracts that are subject to the requirements of a principle-based valuation in §58-26-98 and the minimum valuation standards consistent with those requirements;
(3)For policies and contracts subject to a principle-based valuation pursuant to §§58-26-98 to 58-26-100, inclusive:
(a)Requirements for the format of reports to the director pursuant to subdivision 58-26-99(3), and which shall include information necessary to determine if the valuation is appropriate and in compliance with this chapter;
(b)Assumptions are prescribed for risks over which the company does not have significant control or influence; and
(c)Procedures for corporate governance and oversight of the actuarial function, and a process for appropriate waiver or modification of such procedures;
(4)For policies not subject to a principle-based valuation pursuant to §§58-26-98 to 58-26-100, inclusive, the minimum valuation standard shall:
(a)Be consistent with the minimum standard of valuation prior to the operative date of the valuation manual; or
(b)Develop reserves that quantify the benefits and guarantees, and the funding, associated with the contracts and their risks at a level of conservatism that reflects conditions that include unfavorable events that have a reasonable probability of occurring;
(5)Other requirements, including those relating to reserve methods, models for measuring risk, generation of economic scenarios, assumptions, margins, use of company experience, risk measurement, disclosure, certifications, reports, actuarial opinions and memorandums, transition rules, and internal controls; and
(6)The data and form of the data required pursuant to §58-26-101, with whom the data must be submitted, and may specify other requirements including data analyses and reporting of analyses.

Source: SL 2015, ch 254, §28.

Structure South Dakota Codified Laws

South Dakota Codified Laws

Title 58 - Insurance

Chapter 26 - Valuation Of Assets, Liabilities And Reserves

Section 58-26-1 - Assets allowed in determination of financial condition.

Section 58-26-2 - Valuation of bonds or other evidences of debt--Method of calculation.

Section 58-26-3 - Valuation of securities other than evidences of debt.

Section 58-26-4 - Preferred or guaranteed stocks--Method of computing value approved by director.

Section 58-26-5 - Real property acquired pursuant to mortgage loan or contract for sale--Restriction as to valuation.

Section 58-26-6 - Purchase money mortgage on real property--Restriction as to valuation.

Section 58-26-7 - Appraisal for valuation of other real property.

Section 58-26-8 - Personal property acquired pursuant to chattel mortgage--Restriction as to valuation.

Section 58-26-9 - Valuation not to be inconsistent with approved method.

Section 58-26-10 - Assets not allowed in determining financial condition.

Section 58-26-10.1 - Radio and television facilities allowable as assets.

Section 58-26-11 - Capital stock and liabilities chargeable against assets.

Section 58-26-12 - Assets allowed as deductions from corresponding liabilities.

Section 58-26-13.1 - Actuarial opinion of property, casualty, and health insurers.

Section 58-26-13.2 - Time limit for compliance with actuary opinion requirements.

Section 58-26-30 - Reserve requirements for health insurance.

Section 58-26-31 - Reserve for outstanding losses under liability insurance and workers' compensation.

Section 58-26-32 - Reserve for workers' compensation claims under policies written in three years preceding.

Section 58-26-33 - Reserve for workers' compensation claims under policies written more than three years preceding.

Section 58-26-34 - Reserve for liability policies written during three years preceding.

Section 58-26-35 - Maintaining a reserve for outstanding losses under credit insurance policies.

Section 58-26-36 - Unearned premium reserve--Insurers required to maintain.

Section 58-26-37 - Unearned premium reserve--Computation--Use of table.

Section 58-26-38 - Unearned premium reserve--Computation on a prorata basis.

Section 58-26-39 - Change in method of computation of unearned premium reserve--Approval of director required.

Section 58-26-40 - Unearned premium reserve provisions inapplicable to title insurance.

Section 58-26-41 - Unearned premium reserve on marine and transportation insurance.

Section 58-26-43 - Increase of inadequate reserves.

Section 58-26-44 - Application of chapter.

Section 58-26-44.1 - Definition of terms in §§ 58-26-45 to 58-26-105.

Section 58-26-45 - Valuation of reserve liabilities for policies and contracts issued before operative date of valuation manual--Calculating reserves.

Section 58-26-45.1 - Adoption of NAIC valuation manual of instruction--Valuation of reserve liabilities for contracts issued after operative date of valuation manual.

Section 58-26-46 - Annual opinion of qualified actuary required--Promulgation of rules.

Section 58-26-47 - Opinion required as to adequacy of reserves to provide for company's obligations.

Section 58-26-48 - Promulgation of rules for establishing higher reserves.

Section 58-26-49 - Form and substance of actuary's opinion.

Section 58-26-50 - Provisions governing submission of actuary's opinion.

Section 58-26-51 - Opinion submitted by foreign or alien company.

Section 58-26-52 - Qualified actuary defined.

Section 58-26-53 - Liability of qualified actuary.

Section 58-26-54 - Promulgation of rules defining disciplinary action against company or qualified actuary.

Section 58-26-55 - Confidentiality of material supporting opinion of qualified actuary.

Section 58-26-55.1 - Opinion of actuary on reserves and related actuarial items to be in accordance with valuation manual.

Section 58-26-56 - Minimum standard for valuation of policies and contracts.

Section 58-26-57 - Mortality tables used for ordinary life insurance policies.

Section 58-26-58 - Mortality tables used for industrial life insurance policies.

Section 58-26-59 - Mortality tables used for individual annuity and pure endowment contracts.

Section 58-26-60 - Mortality tables used for group annuity and pure endowment contracts.

Section 58-26-61 - Disability tables used for total and permanent disability.

Section 58-26-62 - Tables used for accidental death benefits.

Section 58-26-63 - Tables to be approved by director.

Section 58-26-64 - Minimum standard of valuation for individual annuity and pure endowment contracts and group annuity and pure endowment contracts on or after July 1, 1995.

Section 58-26-65 - Tables used for individual annuity and pure endowment contracts issued prior to July 1, 1978--Interest.

Section 58-26-66 - Tables used for individual single premium immediate annuity contracts issued on or after July 1, 1978--Interest.

Section 58-26-67 - Tables used for individual annuity and pure endowment contracts issued on or after July 1, 1978--Interest.

Section 58-26-68 - Tables used for annuities and pure endowments purchased under group contracts prior to July 1, 1978--Interest.

Section 58-26-69 - Tables used for annuities and pure endowments purchased under group contracts after July 1, 1978--Interest.

Section 58-26-70 - Written notice of election to comply with provisions of §§ 58-26-64 to 58-26-69, inclusive--Operative date.

Section 58-26-71 - Calendar year statutory valuation interest rates defined.

Section 58-26-72 - Weighting factors.

Section 58-26-73 - Reference interest rate defined.

Section 58-26-74 - Alternative method for determination of reference interest rate.

Section 58-26-75 - Valuation of reserves--Policies providing for uniform amount of insurance and requiring payment of uniform premiums--Policies providing varying amounts of insurance or varying premiums--Certain group annuity and pure endowment cont...

Section 58-26-76 - Valuation of reserves for certain annuity or pure endowment contracts.

Section 58-26-77 - Minimum aggregate reserves for life insurance policies.

Section 58-26-78 - Standards for calculating reserves for policies and contracts issued prior to July 1, 1995.

Section 58-26-79 - Standards for calculating reserves for policies, contracts or benefits issued on or after July 1, 1995.

Section 58-26-80 - Company's greater standard of valuation may be lowered with director approval.

Section 58-26-81 - Determining minimum reserve when gross premium charged is less than the valuation net premium.

Section 58-26-82 - Application of §§ 58-26-75 and 58-26-81 to certain life insurance policies issued on or after January 1, 1986.

Section 58-26-83 - Requirements for reserves for life insurance providing for future premium determination or for reserves undeterminable under methods in § 58-26-75, 58-26-76, 58-26-81, or 58-26-82.

Section 58-26-84 - Promulgation of rules for minimum standards applicable to health plans issued on or after July 1, 1995 and before operative date of valuation manual.

Section 58-26-86 - Actuarial opinion summary to be filed with property, casualty, and health insurers' annual statement.

Section 58-26-87 - Actuarial report and workpapers to support actuarial opinion.

Section 58-26-88 - Preparation of supporting actuarial report or workpapers upon insurer's failure to provide acceptable supporting documents.

Section 58-26-89 - Statement of actuarial opinion to be filed with annual statement--Public document.

Section 58-26-90 - Confidentiality of actuarial report, workpapers, or actuarial opinion summary provided in support of opinion.

Section 58-26-91 - Minimum standard of valuation for policies issued on or after operative date of valuation manual.

Section 58-26-92 - Prerequisites for adoption of NAIC valuation manual of instruction.

Section 58-26-93 - Adoption of change to valuation manual.

Section 58-26-94 - Specifications required for adoption of valuation manual.

Section 58-26-95 - Exceptions to valuation manual requirements.

Section 58-26-96 - Qualified actuary engaged by director or by official of another state.

Section 58-26-97 - Required change in assumption or method and adjustment of reserves.

Section 58-26-98 - Reserves to be established using principle-based valuation--Conditions.

Section 58-26-99 - Procedures, controls and report regarding principle-based valuation.

Section 58-26-100 - Prescribed formulaic reserve component.

Section 58-26-101 - Data to be submitted as prescribed in valuation manual.

Section 58-26-102 - Confidential information defined.

Section 58-26-103 - Confidential information privileged--Use and sharing.

Section 58-26-104 - Exceptions to confidentiality of information.

Section 58-26-105 - Exemption of certain forms or product lines of domestic insurer.