Federal Risk Tracker Spooks Life Industry Analyst

News June 22, 2023 at 02:33 PM
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A credit analyst says one big, hard-to-predict threat facing U.S. life insurers could be an agency that's supposed to reduce financial system risk: the Financial Stability Oversight Council.

Peter Troisi, Barclays' senior credit analyst for high-grade U.S. banks and insurers, named FSOC as a possible source of "black swan" risk earlier this week during a panel discussion at an insurance conference in New York City organized by S&P Global Ratings.

In April, FSOC proposed reversing a decision it made in 2019 to narrow the scope of its efforts to monitor and supervise "systemically important financial institutions" other than banks, or SIFIs.

"We don't know how it will go this time around," Troisi said. "It seemed punitive last time. I think it is probably not on many people's radar."

What It Means

One possible threat to the issuers of your clients' life insurance policies and annuities, and to their investment portfolios, could be the side effects of FSOC's meltdown prevention activities.

FSOC Basics

Congress created FSOC in response to the 2007-2009 Great Recession.

Federal financial services regulators said at the time that they felt that they understood the problems at banks and in the securities industry but had a hard time tracking potential threats at financial institutions such as life insurance companies and nonbank consumer lending firms.

The chair of FSOC is the U.S. Treasury secretary. The other members are the heads of financial services regulatory agencies; a voting member with insurance expertise; the director of the Treasury's Federal Insurance Office, who does not have a vote; and a representative from the National Association of Insurance Commissioners, who also does not have a vote.

Life Insurers and FSOC

Life insurers ended up seeing FSOC efforts to designate them as systemically important financial institutions as burdensome and a poor fit.

MetLife turned its individual life and annuity operations into a separate company, Brighthouse Financial, partly to escape SIFI designation. It and other insurers went to court to avoid SIFI designations, based partly on the argument that FSOC took an arbitrary and secretive approach to choosing SIFIs.

FSOC's Scope

FSOC agreed in 2019 to narrow the scope of its SIFI oversight efforts, to defer to nonbanks' primary regulators, when possible, and to try to limit itself to regulating concerning activities at nonbank financial institutions rather than making direct efforts to regulate specific companies.

Now, in the wake of a flurry of bank failures that occurred in March, FSOC wants to unchain its ability to take over nonbank financial institutions that look as if they could crash the economy, even before those companies' primary regulators have had time to step in. The proposal does not specifically mention insurance companies.

FSOC last week signaled that the proposal has attracted a significant number of comments, by announcing that it would postpone the due date for comments on the proposal to July 28, from June 27.

The U.S. Treasury building in Washington. Credit: Nathan Howard/Bloomberg

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