Sec. 38a-78. (Formerly Sec. 38-130e). Ascertainment of reserves for life insurance policies and annuity and pure endowment contracts. Annual reporting of reserves to commissioner. Issuance of opinion
               	 		
      Sec. 38a-78. (Formerly Sec. 38-130e). Ascertainment of reserves for life insurance policies and annuity and pure endowment contracts. Annual reporting of 
reserves to commissioner. Issuance of opinion by qualified actuary. Memorandum 
in support of opinion. Additional reserves as determined by qualified actuary not 
deemed a higher standard of valuation. Minimum standards of valuation for health 
insurance plans. Regulations. (a) The commissioner shall annually value, or cause to 
be valued, the reserve liabilities, hereinafter called reserves, for all outstanding life 
insurance policies and annuity and pure endowment contracts of every life insurance 
company doing business in this state except that in the case of an alien company, the 
valuation shall be limited to its United States business, and may certify the amount of 
any such reserves, specifying the mortality table or tables, rate or rates of interest, and 
methods, including net level premium method or other, used in the calculation of such 
reserves. In calculating such reserves, he may use group methods and approximate averages for fractions of a year or otherwise. In lieu of the valuation of the reserves herein 
required of any foreign or alien company, he may accept any valuation made, or caused 
to be made, by the insurance supervisory official of any state or other jurisdiction when 
such valuation complies with the minimum standard herein provided and if the official 
of such state or jurisdiction accepts as sufficient and valid for all legal purposes the 
certificate of valuation of the commissioner when such certificate states the valuation 
to have been made in a specified manner according to which the aggregate reserves 
would be at least as large as if they had been computed in the manner prescribed by the 
law of that state or jurisdiction.
      (b) (1) Every life insurance company doing business in this state shall annually 
submit the opinion of a qualified actuary as to whether the reserves and related actuarial 
items held in support of the policies and contracts specified by the commissioner by 
regulation are computed appropriately, are based on assumptions which satisfy contractual provisions, are consistent with prior reported amounts and comply with applicable 
laws of this state. The commissioner by regulation shall define the specifics of this 
opinion and add any other items deemed to be necessary to its scope.
      (2) The opinion shall be submitted with the annual statement reflecting the valuation 
of such reserve liabilities for each year ending on or after December 31, 1991.
      (3) The opinion shall apply to all business in force including individual and group 
health insurance plans, in form and substance acceptable to the commissioner as specified by regulation.
      (4) The opinion shall be based on standards adopted from time to time by the actuarial standards board and on such additional standards as the commissioner may by regulation prescribe.
      (5) In the case of an opinion required to be submitted by a foreign or alien company, 
the commissioner may accept the opinion filed by that company with the insurance 
supervisory official of another state if the commissioner determines that the opinion 
reasonably meets the requirements applicable to a company domiciled in this state.
      (6) For the purposes of this section, "qualified actuary" means a member in good 
standing of the American Academy of Actuaries who meets the requirements set forth 
in regulations the commissioner may prescribe.
      (7) Except in cases of fraud or wilful misconduct, the qualified actuary shall not be 
liable for damages to any person, other than the insurance company and the commissioner, for any act, error, omission, decision or conduct with respect to the actuary's 
opinion.
      (8) Disciplinary action by the commissioner against the company or the qualified 
actuary shall be as defined in such regulations by the commissioner.
      (9) A memorandum, in form and substance acceptable to the commissioner as specified by regulation, shall be prepared to support each actuarial opinion.
      (10) If the insurance company fails to provide a supporting memorandum at the 
request of the commissioner within a period specified by regulation or the commissioner 
determines that the supporting memorandum provided by the insurance company fails 
to meet the standards prescribed by the regulations or is otherwise unacceptable to the 
commissioner, the commissioner may engage a qualified actuary at the expense of the 
company to review the opinion and the basis for the opinion and prepare such supporting 
memorandum as is required by the commissioner.
      (11) Any memorandum in support of the opinion, and any other material provided 
by the company to the commissioner in connection therewith, shall be kept confidential 
by the commissioner and shall not be made public and shall not be subject to subpoena, 
other than for the purpose of defending an action seeking damages from any person by 
reason of any action required by this section or by regulations adopted under this section 
provided the memorandum or other material may otherwise be released by the commissioner (A) with the written consent of the company or (B) upon the request of the American Academy of Actuaries stating that the memorandum or other material is required 
for the purpose of professional disciplinary proceedings and setting forth procedures 
satisfactory to the commissioner for preserving the confidentiality of the memorandum 
or other material. Once any portion of the confidential memorandum is referred to by 
the company in its marketing or is referred to before any governmental agency other 
than a state insurance department or is released by the company to the news media, all 
portions of the confidential memorandum shall no longer be confidential.
      (12) Any regulation adopted by the commissioner under the provisions of this subsection shall be adopted in accordance with the provisions of chapter 54.
      (c) (1) Every life insurance company, except as exempted by or pursuant to regulation, shall annually include in the opinion required by subdivision (1) of subsection (b) 
of this section, an opinion of the same qualified actuary as to whether the reserves and 
related actuarial items held in support of the policies and contracts specified by the 
commissioner by regulation, when considered in light of the assets held by the company 
with respect to the reserves and related actuarial items, including but not limited to the 
investment earnings on the assets and the considerations anticipated to be received and 
retained under the policies and contracts, make adequate provision for the company's 
obligations under the policies and contracts, including but not limited to the benefits 
under and expenses associated with the policies and contracts.
      (2) The commissioner may provide by regulation for a transition period for establishing any higher reserves which the qualified actuary may deem necessary in order to 
render the opinion required by this section.
      (d) Except as otherwise provided in subsections (e), (f) and (l) of this section, the 
minimum standard for the valuation of all such policies and contracts issued prior to 
the effective date specified in accordance with the provisions of subsection (h) of section 
38-130e of the general statutes, revision of 1958, revised to 1981, shall be that provided 
by the laws in effect immediately prior to such date, except that the minimum standard 
for the valuation of annuities and pure endowments purchased prior to January 1, 1973, 
under group annuity and pure endowment contracts shall be the 1971 Group Annuity 
Mortality Table, or any modification of this table approved by the commissioner, and 
an interest rate of five per cent per annum. Except as otherwise provided in subsections 
(e), (f) and (l) of this section, the minimum standard for the valuation of all such policies 
and contracts issued on and after such effective date shall be the commissioner's reserve 
valuation methods defined in subsections (g), (h) and (j) of this section, four and one-half per cent interest for all other such policies and contracts, and the following tables: 
(1) For all ordinary policies of life insurance issued on the standard basis, excluding 
any disability and accidental death benefits in such policies, the Commissioners' 1958 
Standard Ordinary Mortality Table for such policies issued prior to the compliance date 
established by subdivision (11) of subsection (e) of section 38a-439, provided that for 
any category of such policies issued on female risks, all modified net premiums and 
present values referred to in this section may be calculated according to an age not more 
than six years younger than the actual age of the insured and for such policies issued 
on or after the compliance date established by subdivision (11) of subsection (e) of 
section 38a-439, (A) the Commissioners' 1980 Standard Ordinary Mortality Table, or 
(B) at the election of the company for any one or more specified plans of life insurance, 
the Commissioners' 1980 Standard Ordinary Mortality Table with ten-year select mortality factors, or (C) on or after January 1, 2005, until January 1, 2009, at the election 
of the company for any one or more specified plans of life insurance issued on or after 
January 1, 2004, on the basis of the Commissioners' 2001 Standard Ordinary Mortality 
Table, except that with respect to such plans issued before April 1, 2005, such mortality 
table shall be used solely for the basis of valuation and nonforfeiture and shall not be used 
to increase the previously agreed required premium, or (D) issued on or after January 1, 
2009, the Commissioners' 2001 Standard Ordinary Mortality Table, or (E) any ordinary 
mortality table, adopted after 1980 by the National Association of Insurance Commissioners, that is approved by regulations adopted by the commissioner in accordance with 
the provisions of chapter 54 for use in determining the minimum standard of valuation for 
such policies; (2) for all industrial life insurance policies issued on the standard basis, 
excluding any disability and accidental death benefits in such policies, the Commissioners' 1961 Standard Industrial Mortality Table or any industrial mortality table, adopted 
after 1980 by the National Association of Insurance Commissioners, that is approved 
by regulations adopted by the commissioner in accordance with the provisions of chapter 
54 for use in determining the minimum standard of valuation for such policies; (3) 
for total and permanent disability benefits in or supplementary to ordinary policies or 
contracts, the tables of period 2 disablement rates and the 1930 to 1950 termination rates 
of the 1952 Disability Study of the Society of Actuaries, with due regard to the type of 
benefit or any tables of disablement rates and termination rates, adopted after 1980 by 
the National Association of Insurance Commissioners, that are approved by regulations 
adopted by the commissioner in accordance with the provisions of chapter 54 for use 
in determining the minimum standard of valuation for such policies. These tables shall, 
for active lives, be combined with a mortality table permitted for calculating the reserves 
for life insurance policies; (4) for accidental death benefits in or supplementary to policies, the 1959 Accidental Death Benefits Table or any accidental death benefits table, 
adopted after 1980 by the National Association of Insurance Commissioners, that is 
approved by regulations adopted by the commissioner in accordance with the provisions 
of chapter 54 for use in determining the minimum standard of valuation for such policies. 
These tables shall be combined with a mortality table permitted for calculating the 
reserves for life insurance policies; and (5) for group life insurance, life insurance issued 
on the substandard basis and other special benefits, such tables as may be approved by 
the commissioner.
      (e) Except as otherwise provided in subsection (f) of this section, the minimum 
standard for the valuation of all individual annuity and pure endowment contracts issued 
on or after the effective date as specified in accordance with the provisions of subsection 
(h) of section 38-130e of the general statutes, revision of 1958, revised to 1981, and for 
all annuities and pure endowments purchased on or after such effective date under group 
annuity and pure endowment contracts, shall be the commissioners reserve valuation 
methods defined in subsections (g) and (h) of this section and the following tables and 
interest rates: (1) For individual single premium immediate annuity contracts issued on 
or after such effective date, excluding any disability and accidental death benefits in 
such contracts, the 1971 Individual Annuity Mortality Table or any individual annuity 
mortality table, adopted after 1980 by the National Association of Insurance Commissioners, that is approved by regulations adopted by the commissioner in accordance with 
the provisions of chapter 54 for use in determining the minimum standard of valuation for 
such contracts, or any modification of these tables approved by the commissioner, and 
seven and one-half per cent interest; (2) for individual annuity and pure endowment 
contracts issued on or after such effective date, other than single premium immediate 
annuity contracts, excluding any disability and accidental death benefits in such contracts, the 1971 Individual Annuity Mortality Table or any individual annuity mortality 
table, adopted after 1980 by the National Association of Insurance Commissioners, 
that is approved by regulations adopted by the commissioner in accordance with the 
provisions of chapter 54 for use in determining the minimum standard of valuation for 
such contract, or any modification of these tables approved by the commissioner, and 
five and one-half per cent interest for single premium deferred annuity and pure endowment contracts and four and one-half per cent interest for all other such annuity and pure 
endowment contracts; (3) for all annuities and pure endowments purchased on or after 
such effective date under group annuity and pure endowment contracts, excluding any 
disability and accidental death benefits purchased under such contracts, the 1971 Group 
Annuity Mortality Table or any group annuity mortality table, adopted after 1980 by 
the National Association of Insurance Commissioners, that is approved by regulations 
adopted by the commissioner in accordance with the provisions of chapter 54 for use 
in determining the minimum standard of valuation for such annuities and pure endowments, or any modification of these tables approved by the commissioner, and seven 
and one-half per cent interest.
      (f) (1) The interest rates used in determining the minimum standard for the valuation of (A) all life insurance policies issued in a particular calendar year, on or after the 
compliance date established by subdivision (11) of subsection (e) of section 38a-439, 
(B) all individual annuity and pure endowment contracts issued in a particular calendar 
year on or after January 1, 1982, (C) all annuities and pure endowments purchased in 
a particular calendar year on or after January 1, 1982, under group annuity and pure 
endowment contracts, and (D) the net increase, if any, in a particular calendar year after 
January 1, 1982, in amounts held under guaranteed interest contracts shall be the calendar 
year statutory valuation interest rates as defined in this subsection;
      (2) The calendar year statutory valuation interest rates, I, shall be determined as 
follows and the results rounded to the nearest one-quarter of one per cent:
      (A) For life insurance,
    
        
        
        
I = .03 + W (R1 − .03) + 
 W 
2(R2 − .09);
      (B) For single premium immediate annuities and for annuity benefits involving 
life contingencies arising from other annuities with cash settlement options and from 
guaranteed interest contracts with cash settlement options,
I = .03 + W(R − .03),
    
        
        
Where
R1 is the lesser of R and .09,
R2 is the greater of R and .09,
R is the reference interest rate defined in subdivision (4) of this subsection and
W is the weighting factor defined in subdivision (3) of this subsection.
      (C) For other annuities with cash settlement options and guaranteed interest contracts with cash settlement options, valued on an issue year basis, except as stated in 
subparagraph (B), the formula for life insurance stated in subparagraph (A) shall apply 
to annuities and guaranteed interest contracts with guarantee durations in excess of ten 
years and the formula for single premium immediate annuities stated in subparagraph 
(B) shall apply to annuities and guaranteed interest contracts with guarantee durations 
of ten years or less.
      (D) For other annuities with no cash settlement options and for guaranteed interest 
contracts with no cash settlement options, the formula for single premium immediate 
annuities stated in subparagraph (B) shall apply.
      (E) For other annuities with cash settlement options and guaranteed interest contracts with cash settlement options, valued on a change in fund basis, the formula for 
single premium immediate annuities stated in subparagraph (B) shall apply.
      (F) If the calendar year statutory valuation interest rate for any life insurance policies 
issued in any calendar year determined without reference to this subdivision differs from 
the corresponding actual rate for similar policies issued in the immediately preceding 
calendar year by less than one- half of one per cent, the calendar year statutory valuation 
interest rate for such life insurance policies shall be equal to the corresponding actual rate 
for the immediately preceding calendar year. For purposes of applying the foregoing, 
the calendar year statutory valuation interest rate for life insurance policies issued in a 
calendar year shall be determined for 1980 using the reference interest rate defined 
for 1979 and shall be determined for each subsequent calendar year regardless of the 
compliance date established by subdivision (11) of subsection (e) of section 38a-439;
      (3) The weighting factors referred to in the formulas stated in subdivision (2) of 
this subsection are given in the following tables:
      (A) Weighting Factors For Life Insurance:
    
        
        
Guarantee Duration (Years)Weighting Factors
10 or less.50
More than 10, but not more than 20.45
More than 20.35
For life insurance, the guarantee duration is the maximum number of years the life 
insurance can remain in force on a basis guaranteed in the policy or under options to 
convert to plans of life insurance with premium rates or nonforfeiture values or both 
which are guaranteed in the original policy.
      (B) Weighting factor for single premium immediate annuities and for annuity benefits involving life contingencies arising from other annuities with cash settlement options 
and guaranteed interest contracts with cash settlement options: .80
      (C) Weighting factors for other annuities and for guaranteed interest contracts, except as stated in subparagraph (B), shall be as specified in tables (i), (ii) and (iii) according 
to the rules and definitions in (iv), (v) and (vi):
      (i) For annuities and guaranteed interest contracts valued on an issue year basis:
    
        
        
        
        
Guarantee Duration (Years)Weighting Factor For
Plan Type
 ABC
5 or less.80.60.50
More than 5, not more than 10.75.60.50
More than 10, not more than 20.65.50.45
More than 20.45.35.35
      (ii) For annuities and guaranteed interest contracts valued on a change in fund basis, 
the factors shown in (i) increased by:
    
        
        
        
        
 Weighting Factor For
Plan Type
More than 10 not more than 20:ABC
More than 10 not more than 20:.15.25.05
      (iii) For annuities and guaranteed interest contracts valued on an issue guarantee 
interest on considerations received more than one year after issue or purchase and for 
annuities and guaranteed interest contracts valued on a change in fund basis which do 
not guarantee interest rates on considerations received more than twelve months beyond 
the valuation date, the factors shown in (i) or derived in (ii) increased by:
    
        
        
        
        
 Weighting Factor For
Plan Type
More than 10 not more than 20:ABC
More than 10 not more than 20:.05.05.05
      (iv) For other annuities with cash settlement options and guaranteed interest contracts with cash settlement options, the guarantee duration is the number of years for 
which the contract guarantees interest rates in excess of the calendar year statutory 
valuation interest rate for life insurance policies with guarantee duration in excess of 
twenty years. For other annuities with no cash settlement options and for guaranteed 
interest contracts with no cash settlement options, the guarantee duration is the number 
of years from the date of issue or date of purchase to the date annuity benefits are 
scheduled to commence.
      (v) Plan type as used in the tables in subparagraph (C) is defined as follows:
      a. Plan Type A: At any time policyholder may withdraw funds only: (1) With an 
adjustment to reflect changes in interest rates or asset values since receipt of the funds 
by the insurance company, or (2) without such adjustment but in installments over five 
years or more, or (3) as an immediate life annuity, or (4) no withdrawal permitted.
      b. Plan Type B: Before expiration of the interest rate guarantee, policyholder may 
withdraw funds only: (1) With an adjustment to reflect changes in interest rates or asset 
values since receipt of the funds by the insurance company, or (2) without such adjustment but in installments over five years or more, or (3) no withdrawal permitted. At the 
end of the interest rate guarantee, funds may be withdrawn without such adjustment in 
a single sum or installments over less than five years.
      c. Plan Type C: Policyholder may withdraw funds before expiration of interest rate 
guarantee in a single sum or installments over less than five years either: (1) Without 
adjustment to reflect changes in interest rates or asset values since receipt of the funds 
by the insurance company, or (2) subject only to a fixed surrender charge stipulated in 
the contract as a percentage of the fund.
      (vi) A company may elect to value guaranteed interest contracts with cash settlement options and annuities with cash settlement options on either an issue year basis or 
on a change in fund basis. Guaranteed interest contracts with no cash settlement options 
and other annuities with no cash settlement options must be valued on an issue year 
basis. As used in this subsection, an issue year basis of valuation refers to a valuation 
basis under which the interest rate used to determine the minimum valuation standard 
for the entire duration of the annuity or guaranteed interest contract is the calendar year 
valuation interest rate for the year of issue or year of purchase of the annuity or guaranteed interest contract. The change in fund basis of valuation refers to a valuation basis 
under which the interest rate used to determine the minimum valuation standard applicable to each change in the fund held under the annuity or guaranteed interest contract is 
the calendar year valuation interest rate for the year of the change in fund;
      (4) The reference interest rate referred to in subdivision (2) of this subsection shall 
be defined as follows: a. For all life insurance, the lesser of the average over a period 
of thirty-six months and the average over a period of twelve months, ending on June 
thirtieth of the calendar year next preceding the year of issue, of Moody's Corporate 
Bond Yield Average-Monthly Average Corporates, as published by Moody's Investors 
Service, Inc.; b. for single premium immediate annuities and for annuity benefits involving life contingencies arising from other annuities with cash settlement options and 
guaranteed interest contracts with cash settlement options, the average over a period of 
twelve months, ending on June thirtieth of the calendar year of issue or year of purchase 
of Moody's Corporate Bond Yield Average-Monthly Average Corporates, as published 
by Moody's Investors Service, Inc.; c. for other annuities with cash settlement options 
and guaranteed interest contracts with cash settlement options, valued on a year of issue 
basis, except as stated in b. above, with guarantee duration in excess of ten years, the 
lesser of the average over a period of thirty-six months and the average over a period 
of twelve months, ending on June thirtieth of the calendar year of issue or purchase of 
Moody's Corporate Bond Yield Average-Monthly Average Corporates, as published 
by Moody's Investors Service, Inc.; d. for other annuities with cash settlement options 
and guaranteed interest contracts with cash settlement options, valued on a year of issue 
basis, except as stated in b. above, with guarantee duration of ten years or less, the 
average over a period of twelve months, ending on June thirtieth of the calendar year 
of issue or purchase, of Moody's Corporate Bond Yield Average-Monthly Average 
Corporates, as published by Moody's Investors Service, Inc.; e. for other annuities with 
no cash settlement options and for guaranteed interest contracts with no cash settlement 
options, the average over a period of twelve months, ending on June thirtieth of the 
calendar year of issue or purchase, of Moody's Corporate Bond Yield Average-Monthly 
Average Corporates, as published by Moody's Investors Service, Inc.; f. for other annuities with cash settlement options and guaranteed interest contracts with cash settlement 
options, valued on a change in fund basis, except as stated in b. above, the average over 
a period of twelve months, ending on June thirtieth of the calendar year of the change 
in the fund, of Moody's Corporate Bond Yield Average-Monthly Average Corporates, 
as published by Moody's Investors Service, Inc.
      (5) In the event that Moody's Corporate Bond Yield Average-Monthly Average 
Corporates is no longer published by Moody's Investors Service, Inc., or in the event 
that the National Association of Insurance Commissioners determines that Moody's 
Corporate Bond Yield Average-Monthly Average Corporates as published by Moody's 
Investors Service, Inc. is no longer appropriate for the determination of the reference 
interest rate, an alternative method for determination of the reference interest rate, which 
is adopted by the National Association of Insurance Commissioners and approved by 
regulations adopted by the commissioner in accordance with the provisions of chapter 
54, may be substituted.
      (g) Except as otherwise provided in subsections (h), (j) and (l) of this section, reserves according to the commissioner's reserve valuation method, for the life insurance 
and endowment benefits of policies providing for a uniform amount of insurance and 
requiring the payment of uniform premiums shall be the excess, if any, of the present 
value, at the date of valuation, of such future guaranteed benefits provided for by such 
policies, over the then present value of any future modified net premiums therefor. The 
modified net premiums for any such policy shall be such uniform percentage of the 
respective contract premiums for such benefits that the present value, at the date of issue 
of the policy, of all such modified net premiums shall be equal to the sum of the then 
present value of such benefits provided for by the policy and the excess of (1) over (2), 
as follows: (1) A net level annual premium equal to the present value, at the date of 
issue, of such benefits provided for after the first policy year, divided by the present 
value, at the date of issue, of an annuity of one per annum payable on the first and each 
subsequent anniversary of such policy on which a premium falls due; provided such net 
level annual premium shall not exceed the net level annual premium on the nineteen-year premium whole life plan for insurance of the same amount at an age one year higher 
than the age at issue of such policy, and (2) a net one year term premium for such benefits 
provided for in the first policy year provided that for any life insurance policy issued 
on or after January 1, 1985, for which the contract premium in the first policy year 
exceeds that of the second year and for which no comparable additional benefit is provided in the first year for such excess and which provides an endowment benefit or a 
cash surrender value or a combination thereof in an amount greater than such excess 
premium, the reserve according to the commissioners reserve valuation method as of 
any policy anniversary occurring on or before the assumed ending date defined herein 
as the first policy anniversary on which the sum of any endowment benefit and any cash 
surrender value then available is greater than such excess premium shall, except as 
otherwise provided in subsection (j) of this section, be the greater of the reserve as of 
such policy anniversary calculated as described in this subsection and the reserve as of 
such policy anniversary calculated as described in this subsection but with the value 
defined in subdivision (1) of this subsection being reduced by fifteen per cent of the 
amount of such excess first year premium, all present values of benefits and premiums 
being determined without reference to premiums or benefits provided for by the policy 
after the assumed ending date, the policy being assumed to mature on such date as an 
endowment, and the cash surrender value provided on such date being considered as an 
endowment benefit. In making the above comparison, the mortality and interest bases 
stated in subsections (e) and (f) of this section shall be used. Reserves according to the 
commissioners reserve valuation method for: (A) Life insurance policies providing for 
a varying amount of insurance or requiring the payment of varying premiums; (B) group 
annuity and pure endowment contracts purchased under a retirement plan or plan of 
deferred compensation, established or maintained by an employer, including a partnership or sole proprietorship, or by an employee organization, or by both, other than a 
plan providing individual retirement accounts or individual retirement annuities under 
Section 408 of the Internal Revenue Code, as now or hereafter amended; (C) disability 
and accidental death benefits in all policies and contracts; and (D) all other benefits, 
except life insurance and endowment benefits in life insurance policies and benefits 
provided by all other annuity and pure endowment contracts, shall be calculated by a 
method consistent with the principles of this subsection.
      (h) This subsection shall apply to all annuity and pure endowment contracts other 
than group annuity and pure endowment contracts purchased under a retirement plan 
or plan of deferred compensation, established or maintained by an employer, including 
a partnership or sole proprietorship, or by an employee organization, or by both, other 
than a plan providing individual retirement accounts or individual retirement annuities 
under Section 408 of the Internal Revenue Code, as now or hereafter amended. Reserves 
according to the commissioners annuity reserve method for benefits under annuity or 
pure endowment contracts, excluding any disability and accidental death benefits in 
such contracts, shall be the greatest of the respective excesses of the present values, at the 
date of valuation, of the future guaranteed benefits, including guaranteed nonforfeiture 
benefits, provided for by such contracts at the end of each respective contract year, over 
the present value, at the date of valuation, of any future valuation considerations derived 
from future gross considerations, required by the terms of such contract, that become 
payable prior to the end of such respective contract year. The future guaranteed benefits 
shall be determined by using the mortality table, if any, and the interest rate, or rates, 
specified in such contracts for determining guaranteed benefits. The valuation considerations are the portions of the respective gross considerations applied under the terms of 
such contracts to determine nonforfeiture values.
      (i) (1) In no event shall a company's aggregate reserves for all life insurance policies, excluding disability and accidental death benefits, issued on or after the effective 
date as specified in accordance with the provisions of subsection (h) of section 38-130e 
of the general statutes, revision of 1958, revised to 1981, be less than the aggregate 
reserves calculated in accordance with the methods set forth in subsections (f), (g), (i) 
and (k) of this section, and the mortality table or tables and rate or rates of interest used 
in calculating nonforfeiture benefits for such policies; (2) in no event shall the aggregate 
reserves for all policies, contracts and benefits be less than the aggregate reserves determined by the qualified actuary to be necessary to render the opinion required by subsection (b) of this section; (3) reserves for any category of policies, contracts or benefits 
as established by the commissioner may be calculated, at the option of the company, 
according to any standards which produce greater aggregate reserves for such category 
than those calculated according to the minimum standard herein provided, but the rate or 
rates of interest used for policies and contracts, other than annuity and pure endowment 
contracts, shall not be higher than the corresponding rate or rates of interest used in 
calculating any nonforfeiture benefits provided for therein; (4) any such company which 
at any time shall have adopted any standard of valuation producing greater aggregate 
reserves than those calculated according to the minimum standard herein provided may, 
with the approval of the commissioner, adopt any lower standard of valuation, but not 
lower than the minimum herein provided; provided, for the purposes of this subsection, 
the holding of additional reserves previously determined by a qualified actuary to be 
necessary to render the opinion required by subsection (b) of this section shall not be 
deemed to be the adoption of a higher standard of valuation.
      (j) If in any contract year the gross premium charged by any life insurance company 
on any policy or contract, in force as of or written after the effective date as specified 
in accordance with the provisions of subsection (h) of section 38-130e of the general 
statutes, revision of 1958, revised to 1981, is less than the valuation net premium for 
the policy or contract calculated by the method used in calculating the reserve thereon 
but using the most recent minimum valuation standards of mortality and rate of interest, 
the minimum reserve required for such policy or contract shall be the greater of either 
the reserve calculated according to the mortality table, rate of interest, and method actually used for such policy or contract, or the reserve calculated by the method actually 
used for such policy or contract but using the minimum standards of mortality and rate 
of interest in effect in the year that the policy or contract was issued and replacing the 
valuation net premium by the actual gross premium in each contract year for which 
the valuation net premium exceeds the actual gross premium. The minimum valuation 
standards of mortality and rate of interest referred to in this subsection are those standards 
stated in subsections (d) and (f) of this section. For any life insurance policy issued on 
or after January 1, 1985, for which the gross premium in the first policy year exceeds 
that of the second year and for which no comparable additional benefit is provided in 
the first year for such excess and which provides an endowment benefit or a cash surrender value or a combination thereof in an amount greater than such excess premium, the 
foregoing provisions of this subsection shall be applied as if the method actually used 
in calculating the reserve for such policy were the method described in subsection (g) 
of this section. The minimum reserve at each policy anniversary of such policy shall be 
the greater of the minimum reserve calculated in accordance with subsection (g) of this 
section and the minimum reserve calculated in accordance with this subsection.
      (k) In the case of any plan of life insurance which provides for future premium 
determination, the amounts of which are to be determined by the insurance company 
based on then estimates of future experience, or in the case of any plan of life insurance 
or annuity which is of such nature that the minimum reserves cannot be determined by 
the methods described in subsections (g), (h), and (j) of this section, the reserves which 
are held under any such plan must be appropriate in relation to the benefits and the 
pattern of premiums for that plan, and be computed by a method which is consistent 
with the principles of this standard valuation law, as determined by regulations adopted 
by the commissioner in accordance with the provisions of chapter 54.
      (l) The commissioner shall adopt regulations in accordance with the provisions 
of chapter 54 containing the minimum standards applicable to the valuation of health 
insurance plans.
      (m) The provisions of sections 38a-77 and 38a-433 shall apply to policies issued 
by a company before the date of its election to comply with section 38-130e of the general 
statutes, revision of 1958, revised to 1981, or January 1, 1981, whichever occurred first. 
The provisions of section 38-130e of the general statutes, revision of 1958, revised to 
1981, shall apply to policies issued by a company on and after the date of such election 
or on and after January 1, 1981, whichever occurred first, and before October 1, 1981.
      (P.A. 78-312, S. 4; P.A. 81-170, S. 2; P.A. 90-243, S. 56; P.A. 91-175, S. 2; P.A. 05-162, S. 2.)
      History: P.A. 81-170 authorized the use of new mortality tables, specified the formula used in calculating the interest 
rate for determining a company's maximum reserves and provided for the reference interest rate as an average over a 
specified time period of Moody's Corporate Index; P.A. 90-243 made technical corrections substituting "alien" for "foreign", "the" for "such", "foreign" for "nonresident" and amended the method for calculating the reserves on life insurance 
policies in Subsec. (h); Sec. 38-130e transferred to Sec. 38a-78 in 1991; P.A. 91-175 amended Subsec. (a) to include the 
phrase "or cause to be valued" to allow the insurance companies to submit to the insurance commissioner an independent 
evaluation of the reserves, inserted a new Subsec. (b) requiring that every life insurance company annually submit the 
opinion of a qualified actuary re the computation and adequacy of the reserves, the reserving practices of that particular 
insurance company and provide a written memorandum to the insurance commissioner, inserted a new Subsec. (c) requiring 
that the insurance company provide an actuarial opinion to the insurance commissioner which contains a determination 
of whether the company's reserve and actuarial items which support the policies and contracts are sufficient to meet the 
company's obligations, relettered former Subsecs. (b) to (f) as (d) to (h) and amended internal references, relettered Subsec. 
(g) as Subsec. (i), amended all internal references, added a provision re aggregate reserves for all policies, contracts and 
benefits and added a provision that the adoption of additional reserves determined by a qualified actuary in the rendition 
of his annual opinion would not heighten the standard of valuation, relettered Subsecs. (h) and (i) as (j) and (k) and amended 
internal references, added new Subsec. (l) requiring the insurance commissioner to adopt regulations for the minimum 
standards valuation of health insurance plans and relettered Subsec. (j) as (m) and amended internal references; P.A. 05-162 amended Subsec. (d) to insert new Subdiv. (1)(C) and (1)(D) re the Commissioners' 2001 Standard Ordinary Mortality 
Table, and redesignate existing Subdiv. (1)(C) as Subdiv. (1)(E), effective July 1, 2005.
      See Sec. 38a-77 re Standard Valuation Law.
      See Secs. 38a-438 to 38a-440, inclusive, re Standard Nonforfeiture Law.