NAIC Panel Unveils Nonforfeiture Draft

January 31, 2007 at 04:22 PM
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State regulators are moving ahead with efforts to update the rules that govern what customers get when they give up life insurance policies.

Members of the Life and Health Actuarial Task Force, an arm of the National Association of Insurance Commissioners, Kansas City, Mo., have voted during a recent conference call to expose the Standard Nonforfeiture for Law for Life Insurance draft to public review.

The draft of the model includes guidance on the calculation of adjusted premiums by the nonforfeiture net level premium method.

Task force members also talked about the work of the American Academy of Actuaries, Washington, on efforts to update current nonforfeiture requirements.

John McBain, chair of the AAA's nonforfeiture improvement work group, said the work group is developing proposed changes strictly from an actuarial perspective, without considering tax issues or other public policy issues.

McBain said the work group is using the following principles:

- Cash payments in lieu of nonforfeiture benefits need not be required.

- Minimum nonforfeiture mandates should be stated as broadly as possible.

- Any minimum nonforfeiture methodology should be the same for life and annuity products.

- Non-guaranteed elements should not be regulated by minimum nonforfeiture mandates until credited.

During a general discussion of the topic, regulators said clashes between the economic value of in-force policies and the nonforfeiture values encourage life settlement companies to step in.

Today, because of the way the standard nonforfeiture law works, a 30-year term life contract may have a cash surrender value, and a 30-year, no-lapse universal life contract may not, said Sheldon Summers, a life actuary with the California Department of Insurance.

If contract holders are not going to get cash values, carriers should at least explain why the holders will not get a cash value, said Denis Lauzon, a New York regulator and life actuary.

William Koenig, chief actuary of Northwestern Mutual Life Insurance Company, Milwaukee, recently wrote to the LHATF to take issue with the current system.

"Any nonforfeiture system that ignores the true prospective economic value in a contract in the calculation of cash surrender benefits is a step in the wrong direction," Koenig writes in the letter.

If benefits that approximate the true economic value in the contract are not offered, "…the value remains nevertheless, and someone will step in to exploit the situation," Koenig writes. "After all, some policyowners will want cash, not NF benefits in other forms, and will thus accept cents on the dollar if that's their only cash option."

If Koenig were an agent selling a contract with a potential wide disparity between cash surrender value and economic value, he would make sure that, at the policy sale, the policyowner was "well aware of life settlement companies," Koenig writes.

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