S T A T E O F N E W Y O R K
________________________________________________________________________
3633
2019-2020 Regular Sessions
I N S E N A T E
February 11, 2019
___________
Introduced by Sens. BRESLIN, SEWARD -- read twice and ordered printed,
and when printed to be committed to the Committee on Insurance
AN ACT to amend the insurance law, in relation to principle based
reserves
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Section 4217 of the insurance law is amended by adding a
new subsection (h) to read as follows:
(H) (1) THIS SUBSECTION SHALL APPLY ONLY TO INDIVIDUAL AND GROUP LIFE
INSURANCE POLICIES AND ANNUITY CONTRACTS ISSUED ON OR AFTER JANUARY
FIRST, TWO THOUSAND TWENTY.
(2) FOR PURPOSES OF THIS SUBSECTION, "VALUATION MANUAL" MEANS THE
VALUATION MANUAL ADOPTED BY THE NATIONAL ASSOCIATION OF INSURANCE
COMMISSIONERS ON DECEMBER SECOND, TWO THOUSAND TWELVE, AS SUBSEQUENTLY
AMENDED ON JUNE EIGHTH, TWO THOUSAND FIFTEEN, NOVEMBER TWENTY-SECOND,
TWO THOUSAND FIFTEEN, APRIL SIXTH, TWO THOUSAND SIXTEEN, AND AUGUST
TWENTY-NINTH, TWO THOUSAND SIXTEEN.
(3) NOTWITHSTANDING SUBSECTION (C) OF THIS SECTION AND SECTION FOUR
THOUSAND TWO HUNDRED EIGHTEEN OF THIS ARTICLE, THE MINIMUM RESERVE
REQUIREMENTS AND THE MINIMUM STANDARD FOR THE VALUATION OF ALL INDIVID-
UAL AND GROUP LIFE INSURANCE POLICIES AND ANNUITY CONTRACTS ISSUED ON OR
AFTER JANUARY FIRST, TWO THOUSAND TWENTY SHALL BE THE SUPERINTENDENT'S
PRINCIPLE BASED VALUATION METHOD DEFINED IN PARAGRAPH FOUR OF THIS
SUBSECTION AND ALL REGULATIONS PROMULGATED THEREUNDER. NOTHING
CONTAINED WITHIN THIS SUBSECTION SHALL LESSEN THE SUPERINTENDENT'S
POWERS UNDER ANY OTHER PROVISIONS OF THIS CHAPTER OR THE FINANCIAL
SERVICES LAW, INCLUDING, WITHOUT LIMITATION, THE SUPERINTENDENT'S POWERS
AND OBLIGATIONS TO ENSURE THE SOLVENCY AND FISCAL HEALTH OF INSURERS AND
TO PROTECT POLICYHOLDERS.
(4) (A) THE SUPERINTENDENT'S PRINCIPLE BASED VALUATION METHOD SHALL BE
THE RESERVE STANDARDS, VALUATION METHODS, ASSUMPTIONS, AND RELATED
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD09799-01-9
S. 3633 2
REQUIREMENTS SET FORTH IN REGULATIONS TO BE PROMULGATED BY THE SUPER-
INTENDENT.
(B) SUBJECT TO SUBPARAGRAPHS (C) AND (D) OF THIS PARAGRAPH, THE REGU-
LATIONS ESTABLISHING THE SUPERINTENDENT'S PRINCIPLE BASED VALUATION
METHOD SHALL UTILIZE THE RESERVE STANDARDS, VALUATION METHODS, AND
RELATED REQUIREMENTS IN THE VALUATION MANUAL.
(C) THE REGULATIONS ESTABLISHING THE SUPERINTENDENT'S PRINCIPLE BASED
VALUATION METHOD MAY DEVIATE FROM ANY OF THE RESERVE STANDARDS, VALU-
ATION METHODS, ASSUMPTIONS, AND RELATED REQUIREMENTS IN THE VALUATION
MANUAL IF THE SUPERINTENDENT DETERMINES THAT AN ALTERNATIVE RESERVE
STANDARD, VALUATION METHOD, ASSUMPTION, AND/OR RELATED REQUIREMENT IS
REASONABLY NECESSARY TO PROTECT POLICYHOLDERS OR THE PEOPLE OF THIS
STATE.
(D) THE REGULATIONS ESTABLISHING THE SUPERINTENDENT'S PRINCIPLE BASED
VALUATION METHOD MAY DEVIATE FROM THE RESERVE STANDARDS, VALUATION METH-
ODS, AND RELATED REQUIREMENTS IN THE VALUATION MANUAL IF THE SUPERINTEN-
DENT DETERMINES THAT AN AMENDMENT TO THE VALUATION MANUAL ADOPTED BY THE
NATIONAL ASSOCIATION OF INSURANCE COMMISSIONERS AFTER AUGUST TWENTY-
NINTH, TWO THOUSAND SIXTEEN, IS REASONABLY NECESSARY TO PROTECT POLICY-
HOLDERS OR THE PEOPLE OF THIS STATE AND SHOULD BE INCORPORATED INTO THE
SUPERINTENDENT'S PRINCIPLE BASED VALUATION METHOD.
§ 2. This act shall take effect immediately.