New NAIC Rule to Hit Some Life and Annuity Issuer Assets

News August 16, 2023 at 04:20 PM
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State insurance regulators want life and annuity issuers to think twice before trying to increase their returns by investing in riskier slices of asset-backed securities.

The National Association of Insurance Commissioners today approved two measures that will cut how much of those assets' value life insurers can include when calculating their "risk-based capital" ratios, or financial health summary statistics. The vote tally was not immediately available.

The NAIC measures will affect RBC math involving life insurers' holdings of the "residual tranches" of asset-backed securities. Insurers will have to cut the value of ABS residual tranche investments 30% in their 2023 RBC calculations and 45% in their 2024 RBC calculations.

Members of the NAIC adopted the changes in Seattle, at the NAIC's summer meeting.

What It Means

The NAIC wants life and annuity issuers to be more conscious of risk when investing the capital used to support your clients life insurance policies and annuity contracts.

Asset-Backed Securities

Traditionally, to reduce exposure to investment market risk, meet regulatory requirements and maximize the value of their freedom from having to pay federal income taxes on investment returns, U.S. life insurers have focused on investments in high-grade corporate securities and related investments, such as shares of preferred stock issued by companies with very high credit ratings.

In recent years, because interest rates on high-grade corporate loans have been below 5%, life insurers have tried to get extra income by investing in fixed-rate but somewhat riskier or longer-duration classes of assets, such as asset-backed securities.

Asset-backed securities help buyers invest in arrangements such as pools of student loans, pools of credit card accounts and "collateralized loan obligations."

A CLO may hold a bundle of relatively risky small business loans or a bundle of the loans private equity firms use to pay for "leveraged buyouts" of small and midsize businesses.

ABS creators often carve the issues into "tranches," or slices, based on how much risk holders of slices will face. Holders of many slices are supposed to have the equivalent of investment-grade-bond access to payments.

Buyers who take an ABS residual tranche must accept the risk that they will get paid only if the holders of the high-priority slices get paid in full.

The NAIC

Congress has given states the authority to regulate the business of insurance.

The NAIC is a Kansas City, Missouri-based group that helps state insurance regulators develop laws and regulations.

In most cases, the NAIC has no direct ability to set laws or regulations, but many states have arranged to implement certain types of changes in NAIC accounting rules automatically.

Typical NAIC RBC charges for investments range from 0%, for government bonds, to 30%, for common stock.

The RBC Formula Change Thinking

The American Council of Life Insurers helped develop the asset-backed securities residual tranche RBC rule change proposal.

In April, a group of insurers that included Equitable, MetLife, New York Life, Northwestern Mutual, Pacific Life, Prudential Financial and Western & Southern wrote to the NAIC to encourage it to set the RBC charge, or value cut, for ABS residual tranche assets at 45%, rather than 30%.

"Residual tranches provide first-loss protection for bond tranches which have the risk of principal loss in stress scenarios used for risk-based capital," the insurers said in a comment letter. "Therefore, both theoretically and empirically, a portfolio of residual tranches can lose close to their full value in stress scenarios."

Global Atlantic and regulators from Connecticut and Iowa have argued against the current RBC rule change strategy, arguing that ABS residual slices have performed well; that regulators should get more information about insurers'  ABS residual investments before acting; and that insurers should stick to the ordinary rulemaking process when changing the RBC formula, not use an accelerated process.

Iowa regulators noted that ABS residual tranche investments account for only $4.7 billion, or 0.06%, of life insurers' $8.5 trillion in assets.

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