IASA Fall Conference Insurance Industry Legislative and Regulatory Update

Transcription

1 IASA Fall Conference Insurance Industry Legislative and Regulatory Update October 30, 2014 Trey Sivley, Esq. Director Division of Insurance and Financial Oversight Georgia Department of Insurance

2 I. Georgia Law a. Principal Based Reserving Amendment of the Standard Valuation Law. b. Potential Revisions to Captive Insurance Laws and Regulations c. Potential New Healthcare Reform Laws II. NAIC a. Principal Based Reserving- Valuation Methodology b. Definition of Multi-State Insurer Clarified to Include Some Captive Insurance Companies (NAIC Accreditation Issue). c. Certified Reinsurer Process / Qualified Jurisdiction i. Standardize the process ii. Create a Work Around for Confidentiality Issues (i.e. IAIS MMOU and Bilateral MOUs) iii. IFRS and US GAAP Reconciliation (Local GAAP and IFRS convergence) III. Federal a. Consolidated Group Capital Standards (SIFIs and Bank Holding Companies) i. Collins Amendment Fix ii. Bank Centric Standard b. FSOC i. SIFI Designations 1. Opaque Process 2. Insurance Experts Ignored ii. SIFI Designees 1. Prudential Financial, Inc. 2. AIG 3. GE Financial Unit iii. Met Life Challenge to SIFI Designation IV. International a. IAIS i. ComFrame comprehensive framework for Internationally Active Insurance Groups ( IAIG ). ii. Global Capital Standards 1. Risk Based Global Insurance Capital Standard ( ICS ) 2. Basic Capital Requirements ( BCR ) 3. Higher Loss Absorbency Requirements ( HLA ) a. Additional Standard for Globally Systemically Important Insurers ( G-SII ) iii. Within the Group - Capital Fungible versus Capital Separateness iv. FIO Defending U.S. Regulatory Regime? b. Solvency II i. Equivalence vs. Mutual Recognition ii. Group Capital Standards iii. Validus Decision

3 Georgia Law Principal Based Reserving Amendment of the Standard Valuation Law Legislative Process Based on the Revised NAIC Model Standard Valuation Law (MDL 820) Submitted for Consideration in HB 1038 Will be Submitted Again in Finished Form PBR Implementation PBR Becomes Effective Upon 42 States Adopting PBR, and The Adopting States Must Represent at lease 75% of Market Premium NAIC Valuation Manual (discussed later) Small Company Exemption Formulaic versus Internally Modeled Reserves Utility and Effectiveness Added Complexity Worth It Current Standard Valuation Law Works

4 Georgia Law Potential Revisions to Captive Insurance Laws Update the Corporate and Regulatory Structure Pure Captive Conform Authority With Other States Captive Laws Protected Cell Amend the Corporate Code and Insurance Code to Authorize Protected Cell Structures Conform For Other Captive Structures, Conform Law With Other States Captive Laws Regulatory Reporting Requirements Move Away From NAIC Annual and Quarterly Financial Reporting Forms Authorize the Use of GAAP or Modified GAAP Tailor Examination Processes to Captives (i.e., Efficiency and Cost Reduction). Premium Taxation Crack Down Upon Illegal Captives Operating in Georgia Safe Harbor Redomestication/Formation

5 Georgia Law Potential Healthcare Reform Laws Mandates Essential Health Benefits (ACA Flaw) Autism Cost Sharing for Emergency Services (Transportation) Private Exchanges Regulations for Formation and Operation Address Potential Anti-Competitive Design and/or Effect Try Not to Discourage Innovation Premium Subsidy Litigation Medicaid Expansion

6 NAIC Model Laws and Important Task Force Initiatives Principal Based Reserving Design Formulaic versus Actual Experience Factors Applied Prospectively Standard Value Model Amended in 2009 Ostensible Goals Improve Accuracy of Reserves Free Up Assets Allows quick reaction to market trends and product designs Premium Reduction and Moderation of Premium Increase Address Potential Anti-Competitive Design and/or Effect XXX/AXXX Reserve Issue The Impasse New York does not support Significant Disagreement Over Valuation Special Purpose Captives / Rector Report

7 NAIC Model Laws and Important Task Force Initiatives Definition of Multi-state Reinsurer The Proposal A multi-state reinsurer is an insurer assuming business that is directly written in more than one state and/or in any state other than its state of domicile. This includes but is not limited to captive insurers, special purpose vehicles and other entities assuming business. Captive States and Associations Not Pleased Not Designed Solely For XXX/AXXX SPVs Material Impact on Viability of Certain Types of Captives OBSERVATION: This issue may be decided by Solvency II Equivalence / Mutual Recognition and/or the FIO entering into a covered agreement. Part A and B Accreditation Standards Specter of Regulatory Arbitrage The FIO Report and the Federal Reserve Have Noted Disapprovingly Some States Allow Variable Annuity Captives (some are large) Bull Market All Good Bear Market or Market Correction????

8 NAIC Model Laws and Important Task Force Initiatives Certified Reinsurer Process The Design Process that allows some reinsurers (mostly alien) with over $250 million capital/surplus which are domiciled in a Qualified Jurisdiction and rated by S & P, Moody s, Fitch Ratings, or A.M. Best to reduce the required 100% collateral requirement. The reduction is based upon the rating of at least two of rating organizations, with the lowest rating applied for collateral reduction purposes. Standardization of Process Certification, Passporting, and Renewal Application Forms Confidentiality Issues Bilateral MOU/IAIS MMOU Work Around Financial Reporting Standards Local GAAP and the IFRS to US GAAP Reconciliation Requirement Actuarial Opinion Requirement Not all Qualified Jurisdictions Require

9 Federal Law, Regulators and the FIO Consolidated Group Capital Standards (SIFIs and Financial Holding Companies) Section 171 Dodd-Frank Collins Amendment Risk Based and Leverage Ratios Applies to Insurer SIFIs and Insurer Dominated Bank/Financial Holding Companies (e.g. State Farm). H.R Insurance Capital Standards Clarification Act of 2014 Fed Indicated That It Would Wait For Legislation to Be Enacted Before Imposing Standards on Insurers Different than the Bank Standards Assumedly Bank Centric Standard Appropriateness of Group Operational and Capital Standards Capital Fungibility Within Group vs. Restricted Access

10 Federal Law, Regulators and the FIO Financial Stability Oversight Council ( FSOC ) SIFI Designations Process Stage 1 Quantitative Thresholds Stage 2 Quantitative & Qualitative Analysis Stage 3 In Depth Analysis Vote and Company Notification Company May Appeal Criticism Opaque Proceedings Insurance Experts Ignored SIFI Designees (Same as FSB Designated G-SIFI) Prudential Financial, Inc. AIG GE Financial Met Life Challenge

11 International Laws and Regulators IAIS Criticism Proceedings Are Not Open Hostility to State Based Regulation ComFrame Comprehensive framework for International Active Insurance Groups ( IAIG ) Global Capital Standards Risk Based Global insurance Capital Standard(conform to SIFI requirements?) Basic Capital Requirement Higher Loss Absorbency Requirements (for G-SII ) Capital Fungibility Within Group vs. Restricted Access FIO The Voting U.S. Member FED Recently Joined Financial Stability Board

12 International Laws and Regulators Solvency II Equivalence vs. Mutual Recognition States Will Not apply for Equivalence Group Capital Standards Validus Reinsurance, Ltd. v. U.S. Validus Reinsurance, Ltd. v. U.S. No Excise Tax on Retrocessions Currently In the DC Circuit

13 Questions Trey Sivley, Esq. Division Director Division of Insurance and Financial Oversight Office of Insurance and Safety Fire Commissioner West Tower, Floyd Building, Suite Martin Luther King, Jr. Drive Atlanta, GA Work: Work Cell: tsivley@oci.ga.gov