EX-g.1.
ZERO FIRST YEAR YRT AGREEMENT
NO. 3624-03
BETWEEN
XXXXXXX NATIONAL LIFE INSURANCE COMPANY OF NEW YORK
OF PURCHASE, NEW YORK
(CEDING COMPANY)
AND
TRANSAMERICA FINANCIAL LIFE INSURANCE COMPANY
OF PURCHASE, NEW YORK
(REINSURER)
EFFECTIVE MARCH 29, 2004
TABLE OF CONTENTS
ARTICLES
1 Preamble
2 Basis of Reinsurance
3 Automatic Reinsurance
4 Procedures for Facultative Reinsurance
5 Liability
6 Notification and Reporting of Reinsurance
7 Plans of Insurance
8 Reinsurance Premiums
9 Premium Accounting
10 Reinstatement
11 Reductions, Terminations and Changes
12 Claims
13 Extra Contractual Damages
14 Increase in Retention and Recapture
15 Insolvency
16 Arbitration
17 DAC Tax
18 Entire Agreement
19 Service of Suit
20 General Provisions
21 Commencement and Termination
SCHEDULES
A Specifications
B Limits
C Definitions
EXHIBIT
I Reinsurance Premiums
II YRT Premium Rates
III Reports
ARTICLE 1
PREAMBLE
1.01 This Agreement is made and entered into by and between Xxxxxxx National
Life Insurance Company of New York (hereinafter referred to as the "Ceding
Company") and Transamerica Financial Life Insurance Company (hereinafter
referred to as the "Reinsurer").
1.02 The Ceding Company and the Reinsurer mutually agree to reinsure on the
terms and conditions stated herein. This Agreement is an indemnity reinsurance
agreement and the performance of the obligations of each party under this
Agreement shall be rendered solely to the other party.
ARTICLE 2
BASIS OF REINSURANCE
2.01 BASIS. Reinsurance under this Agreement must be life insurance as described
in Schedule A.
2.02 AUTOMATIC REINSURANCE. The Ceding Company shall cede and the Reinsurer
shall automatically reinsure policies issued under the plans of insurance and
other additional benefits described in Schedule A subject to the requirements
described in Article 3.
2.03 FACULTATIVE REINSURANCE. The Ceding Company may submit to the Reinsurer any
coverage described in Schedule A for facultative review subject to the
procedures described in Article 4.
2.04 INITIAL MINIMUM. The initial minimum amount of life reinsurance on any
individual policy must be greater than or equal to the amount stated in Schedule
A.
2.05 SUBSEQUENT MINIMUM. If the subsequent amount of life reinsurance net amount
at risk falls below the minimum amount stated in Schedule A on any policy, as of
that date all of the life reinsurance on that policy shall terminate.
2.06 ISSUANCE OF BUSINESS. In no event shall the Reinsurer be liable for
reinsurance unless the issuance of the insurance by the Ceding Company
constituted the transacting of business in a jurisdiction in which the Ceding
Company is properly licensed.
ARTICLE 3
AUTOMATIC REINSURANCE
3.01 REQUIREMENTS.
a) The individual risk must be a permanent resident of the United States
or its territories.
b) The individual risk must be underwritten by the Ceding Company
according to its standard underwriting practices and guidelines. Any
risk falling into the category of special underwriting programs shall
be excluded from this Agreement. Any proposed changes to the Ceding
Company's standard underwriting practices or guidelines shall be
submitted to the Reinsurer for written approval prior to
implementation.
c) Any risk offered on a facultative basis by the Ceding Company to the
Reinsurer or any other company shall not qualify for automatic
reinsurance.
d) The issue age on any risk must not exceed the limit stated in Schedule
A.
e) The mortality rating on each individual risk must not exceed the limit
stated in Schedule A.
f) The maximum amount of insurance issued and applied for in all
companies on each risk (without deductions for replacements) must not
exceed the jumbo limits as stated in Schedule B.
g) The maximum amounts of insurance to be reinsured on a life must not
exceed the automatic binding limits as stated in Schedule B.
h) On each individual life, the Ceding Company must retain the amounts of
insurance as stated in Schedule B.
ARTICLE 4
PROCEDURES FOR FACULTATIVE REINSURANCE
4.01 SUBMISSION. The Ceding Company may submit for facultative evaluation any
coverage applied for under a plan of insurance described in Schedule A that does
not qualify for Automatic Reinsurance or that the Ceding Company prefers to
submit on a facultative basis.
4.02 COVERAGE. An application for facultative reinsurance is for life insurance
only.
4.03 UNDERWRITING DOCUMENTATION AND ACCEPTANCE. Copies of all underwriting
documentation relating to the insurability of the individual risk submitted for
facultative reinsurance must be sent to the Reinsurer. After the Reinsurer has
examined the underwriting documentation sent, it will promptly notify the Ceding
Company of its final underwriting acceptance or its underwriting offer subject
to additional requirements. The Reinsurer's final underwriting acceptance on the
individual risk will automatically terminate when the first of the following
situations occurs:
a) The date the Reinsurer receives notice from the Ceding Company of the
withdrawal of the Ceding Company's application, or
b) Ninety (90) days after the Reinsurer made its acceptance or
c) The expiration date specified in the Reinsurer's final underwriting
acceptance.
ARTICLE 5
LIABILITY
5.01 AUTOMATIC REINSURANCE. The Reinsurer's liability for automatic reinsurance
shall begin simultaneously with the Ceding Company's liability.
5.02 CONDITIONAL RECEIPT. The Reinsurer shall be liable for benefits paid under
the Ceding Company's conditional receipt, temporary insurance or other pre-issue
benefit or liability provided the requirements for automatic reinsurance, as
stated in Article 3 of this Agreement, are met.
5.03 FACULTATIVE REINSURANCE. The Reinsurer's liability for facultative
reinsurance on the individual risk shall begin simultaneously with the Ceding
Company's liability once the Reinsurer has accepted in writing the application
for facultative reinsurance and the Ceding Company has accepted the Reinsurer's
offer.
5.04 TERMINATION. The Reinsurer's liability for reinsurance on the individual
risk shall terminate when the Ceding Company's liability terminates.
5.05 LIABILITY OF REINSURER. The Reinsurer shall be liable to the Ceding Company
in the same manner as the Ceding Company is liable on the particular policy
form(s) reinsured under this Agreement to the extent such terms and conditions
are not contrary to the terms and conditions of this Agreement.
5.06 RECEIPT OF PREMIUM. The initial and subsequent reinsurance premiums must be
received by the Reinsurer as stated in Article 9 in order to maintain the
Reinsurer's liability on each individual risk.
5.07 BACKDATING. The Reinsurer agrees to accept reinsurance coverage for
policies backdated up to six (6) months prior to the effective date of this
Agreement to save age.
ARTICLE 6
NOTIFICATION AND REPORTING OF REINSURANCE
6.01 NOTIFICATION. The Ceding Company shall notify the Reinsurer of all cessions
in a format or structure that would include the data described in Exhibit III.
The Ceding Company shall also notify the Reinsurer of any increase, reduction or
change in existing reinsurance in the manner described in Exhibit III.
6.02 ELECTRONIC REPORTING. The Ceding Company shall utilize electronic media for
reporting purposes and shall consult with the Reinsurer to determine an
appropriate format. Any subsequent changes to the reporting format shall be
approved by the Reinsurer prior to implementation.
6.03 NEW YORK REPORTING REQUIREMENTS. The parties acknowledge that the Reinsurer
is required, in accordance with New York Regulation 11 NYCRR 92.1, to supply
annual filings to the New York Department of Insurance related to the business
it reinsures. In order for the Reinsurer to comply with this requirement, the
Ceding Company shall, no later than January 31 of each year, send the Reinsurer
the required reporting information, as specified by the New York Department of
Insurance from time to time, with respect to the business reinsured under this
Agreement. The current version of these requirements is described at
XXXX://XXX.XXX.XXXXX.XX.XX/XXXXXXXX.XXX in the file entitled "Traditional Life
EDP filing Instructions." The Ceding Company acknowledges that the Reinsurer
will rely upon the accuracy and completeness of the information submitted by the
Ceding Company for this purpose.
ARTICLE 7
PLANS OF INSURANCE
7.01 LIFE REINSURANCE. - Life reinsurance shall be on the yearly renewable term
basis for the net amount at risk as described below:
a) LEVEL TERM PLANS (TWENTY YEARS OR LESS) - The Reinsurer's net amount
at risk shall be the reinsurance face amount.
b) DECREASING TERM PLANS - The Reinsurer's net amount at risk shall be
determined in accordance with the Ceding Company's table of reducing
amount or commuted values for each policy year applied to the initial
amount of reinsurance involved.
c) LEVEL TERM PLANS (MORE THAN TWENTY YEARS) OR PERMANENT PLANS - The
Reinsurer's net amount at risk shall be the difference between the
reinsurance face amount and the cash value or terminal reserve of the
life reinsurance. The cash value shall be based on the cash value of
the corresponding life insurance and shall be rounded to the nearest
dollar amount.
d) UNIVERSAL LIFE PLANS - The Reinsurer's net amount at risk shall be the
reinsurance face amount less the account value.
e) The methods of calculating the net amount at risk described above may
not be appropriate because of special options, structure of tables of
amounts, rate of accumulation of cash surrender values and provisions
guaranteeing an increase in the face amount under a given plan of
insurance. Under these circumstances, the method for calculating the
net amount at risk shall be submitted by the Ceding Company and must
be agreed to by the Reinsurer.
7.02 STATUTORY RESERVES. The Reinsurer will hold reserves on a 1/2cx basis using
1980 CSO Select and Ultimate mortality tables and the prevailing statutory
interest rate.
7.03 It is the intention of both the Reinsurer and the Ceding Company that the
Ceding Company qualifies for reinsurance credit in the state of New York for
reinsurance ceded hereunder. Without limiting the generality of the immediately
preceding sentence, the Reinsurer shall, in conformity with all applicable laws
and regulations governing the Reinsurer, take any and all commercially
reasonable steps within its control so that the Ceding Company may take full
credit in its SAP financial statements for the business ceded under this
Agreement.
ARTICLE 8
REINSURANCE PREMIUMS
8.01 REINSURANCE PREMIUM. The Ceding Company shall pay the reinsurance premium
for each ceded risk to the Reinsurer on the basis described in Exhibit I,
regardless of the method in which the Ceding Company receives premiums from its
insureds.
8.02 ZERO FIRST YEAR. The Reinsurer shall allow a first year discount of
[REDACTED] percent applied against the first year premium. Such calculation
shall be reported by the Ceding Company in accordance with Exhibit III.
8.03 RENEWAL PREMIUM. The renewal reinsurance premiums for reinsurance under
this Agreement, payable to the Reinsurer, shall be calculated on the basis of
the premium rates in Exhibit II, less the discounts shown in Exhibit I.
8.04 GUARANTEED RATE. The life reinsurance rates described in 8.03 above are
guaranteed for one policy year. However, the Reinsurer anticipates continuing to
accept reinsurance premiums on the basis of the rates shown in Exhibit II. If
the Reinsurer deems it necessary to increase rates, such increased rates cannot
be higher than the valuation net premiums for yearly renewable term insurance
calculated using the minimum statutory mortality rates and maximum statutory
interest rate for each year of issue.
8.05 INCREASE IN MORTALITY CHARGE. The Ceding Company shall notify the Reinsurer
of any increase in the mortality charge for the underlying insurance within
thirty (30) days of such increase. The Reinsurer shall then have the right to
revise the reinsurance premiums based on such increase.
8.06 PREMIUM TAX. The Reinsurer shall not reimburse the Ceding Company for any
premium taxes which the Ceding Company shall be required to pay but which the
Reinsurer shall not be required to pay on the reinsurance premiums payable under
this Agreement.
ARTICLE 9
PREMIUM ACCOUNTING
9.01 PAYMENT OF REINSURANCE PREMIUMS AND INTEREST PENALTIES BY THE CEDING
COMPANY.
a) The reinsurance premiums shall be paid to the Reinsurer on the basis
stated in Exhibit I.
b) Within twenty-five (25) days after the close of each month, the Ceding
Company shall send the Reinsurer a copy of a statement that references
this Agreement and lists first year and renewal reinsurance premiums,
expense allowances, benefits, statutory reserves and other data
mutually agreed upon by both parties as described in Exhibit III.
c) If the net reinsurance premium balance is payable to the Reinsurer,
the Ceding Company must include this payment with the statement. If
the net reinsurance premium balance is not received by the Reinsurer
within thirty (30) days after the close of the month, the reinsurance
premiums for all of the reinsurance risks listed on the statement will
be delinquent.
d) When reinsurance premiums due the Reinsurer are deemed delinquent, as
defined in paragraph 9.01 c) above, a compound interest penalty may be
assessed each month the premiums remain delinquent. Interest shall be
calculated from the day following the date the premiums are due and
payable to the day such premium payment is mailed or the last day of
the accounting period, whichever comes first, regardless of holidays
and weekends. The rate of interest charged each month shall be the
lesser of (i) the 30 Day Treasury Xxxx rate as published in the Money
Rate Section or any successor section of the Wall Street Journal on
the first business day following the date the premiums are deemed
delinquent or (ii) the maximum rate allowed by law in the State of New
York. Premiums and interest penalties that remain unpaid shall be
carried forward into the next month's interest penalty calculation.
9.02 TERMINATION BECAUSE OF NON-PAYMENT OF PREMIUM.
a) When reinsurance premiums are delinquent, the Reinsurer has the right
to terminate the reinsurance risks on the statement by giving the
Ceding Company thirty (30) days' written notice. As of the close of
this thirty-day period, all of the Reinsurer's liability shall
terminate for:
i) The risks described in the preceding sentence and
ii) The risks where the reinsurance premiums became delinquent during
the thirty-day period.
b) Regardless of these terminations, the Ceding Company shall continue to
be liable to the Reinsurer for all unpaid reinsurance premiums earned
by the Reinsurer.
9.03 REINSTATEMENT OF A DELINQUENT STATEMENT. The Ceding Company may reinstate
the terminated risks within sixty (60) days after the effective date of
termination by paying the unpaid reinsurance premiums, including the interest
penalty as defined above, for the risks in force prior to the termination.
However, the Reinsurer shall not be liable for any claim incurred between the
date of termination and reinstatement. The effective date of reinstatement shall
be the day the Reinsurer receives the required back premiums and any assessed
interest.
9.04 PAYMENT OF REINSURANCE PREMIUM BALANCE BY THE REINSURER. If the net
reinsurance premium balance is payable to the Ceding Company, the Reinsurer must
remit payment to the Ceding Company within thirty (30) days after receiving the
statement.
9.05 IN FORCE LIST. Within sixty (60) days after the close of the calendar year,
the Ceding Company shall send the Reinsurer an in force listing of all policies
reinsured under this Agreement. Such listing shall include the data specified in
Exhibit III.
ARTICLE 10
REINSTATEMENT
10.01 LAPSES. If insurance lapses for nonpayment of premium and is reinstated
under the terms of the particular policy and the Ceding Company's usual
reinstatement practices and procedures, the reinsurance shall be reinstated by
the Reinsurer as of the date of reinstatement. The Ceding Company must pay the
Reinsurer all back reinsurance premiums and interest in the same manner as the
Ceding Company received insurance premiums and interest under the particular
policy.
10.02 REINSTATEMENT. On a particular policy ceded to the Reinsurer on an
automatic basis, reinstatement of reinsurance shall be automatic. On a
particular policy ceded to the Reinsurer on a facultative basis, reinstatement
of reinsurance shall require written approval of the Reinsurer in the event that
the policy was not reinstated within the time limit mandated by the policy.
ARTICLE 11
REDUCTIONS, TERMINATIONS AND CHANGES
11.01 REPLACEMENT OR CHANGE. If there is a contractual or non-contractual
replacement or change in a particular policy reinsured under this Agreement,
including, but not limited to, conversions or exchanges where full underwriting
evidence according to the Ceding Company's regular underwriting rules is not
required or plans of internal replacement where full underwriting evidence is
required, the policy shall continue to be reinsured by the Reinsurer under this
Agreement provided it meets the initial minimum amount stated in Schedule A.
11.02 EARLY RECAPTURE. If at the time of a contractual or non-contractual
replacement or change as described in 11.01 above, the Ceding Company elects not
to continue to reinsure a particular policy with the Reinsurer, the Ceding
Company must pay the Reinsurer an early recapture charge which shall be a
mutually acceptable reasonable actuarial representation of the Reinsurer's
estimated present value of future profits under this Agreement.
11.03 INCREASE IN FACE AMOUNT. If the face amount of a particular policy
reinsured under this Agreement increases and
a) The increase is subject to new underwriting evidence and
i) The original policy was reinsured automatically, the provisions
of Article 3 shall apply to the increase in reinsurance.
ii) The original policy was reinsured facultatively, the provisions
of Article 4 shall apply to the increase in reinsurance.
b) The increase is not subject to new underwriting evidence, the
Reinsurer shall accept automatically the increase in reinsurance but
not to exceed the automatic binding limits as stated in Schedule B.
11.04 If the face amount of a particular policy reinsured under this Agreement
is increased or reduced, the reinsurance for the particular policy involved
shall be increased or reduced by the same amount on the effective date of
increase or reduction.
11.05 RETAINED REINSURANCE. If any portion of the total face amount of a
particular policy retained by the Ceding Company reduces or terminates, any
reinsurance under this Agreement based on the same life shall also be reduced or
terminated. The Ceding Company shall reduce its reinsurance by applying the
retention limits that were in effect at the time the policy was issued. The
Ceding Company shall not be required to retain an amount in excess of its
regular retention limit for the age, mortality rating and risk classification at
the time of issue for any policy on which reinsurance is being reduced.
11.06 REDUCTION PROCEDURE. The Ceding Company must first reduce the reinsurance
of the particular policy that has the same mortality rating as the terminated
insurance. If further reduction is required, the reinsurance to be terminated or
reduced shall be effected in the inverse order in which the particular policy
was first reinsured.
11.07 MORE THAN ONE REINSURER. If the reinsurance of a particular policy is
shared by more than one reinsurer, the Reinsurer's percentage of the increased
or reduced reinsurance shall be the same as its initial percentage of
reinsurance of the policy.
11.08 TERMINATION. If a particular policy reinsured under this Agreement is
terminated, the reinsurance for the policy shall be terminated on the effective
date of termination.
11.09 FACULTATIVE CHANGE. On facultative reinsurance, if the Ceding Company
wishes to reduce the mortality rating on a particular policy, this reduction
shall be subject to the facultative provisions of this Agreement.
11.10 REFUND. The Reinsurer shall refund to the Ceding Company all unearned
reinsurance premiums, less applicable allowances but excluding policy fees,
arising from reductions, terminations and changes as described in this Article.
11.11 EXTENDED TERM OR REDUCED PAID-UP. If applicable, changes as a result of
extended term or reduced paid-up shall be handled the same as reductions as
described above.
ARTICLE 12
CLAIMS
12.01 NOTIFICATION. The Ceding Company shall promptly notify the Reinsurer in
writing whenever the Ceding Company has received notice of a claim where
reinsurance under this Agreement is involved. If a survivor life plan is
involved, the Ceding Company shall notify the Reinsurer of each death as soon as
possible after it has occurred.
12.02 LIABILITY. The Reinsurer's liability for the insurance benefits reinsured
under this Agreement shall be subject to the same terms and conditions of the
particular policy under which the Ceding Company is liable.
12.03 CONTESTABLE PERIOD OR INCONTESTABLE PERIOD (RETAINED LESS THAN 50%). If a
claim is made within the contestable period, as defined in the particular
policy, or under the incontestable period where the Ceding Company has retained
less than fifty (50) percent of the amount of the insurance issued, the Ceding
Company shall await the Reinsurer's opinion before admitting any liability or
making any settlement with the claimant. The Ceding Company must submit a copy
of all papers connected with the claim to the Reinsurer. After the Reinsurer has
reviewed all the claim papers, the Reinsurer shall provide the Ceding Company
with an opinion as to how the Reinsurer would have handled the claim had it been
the Reinsurer's claim. The Reinsurer shall provide the Ceding Company with an
opinion within ten (10) working days after the Reinsurer has received a copy of
all papers connected with the claim. If the Reinsurer does not respond within
this ten-day period, it shall be presumed that the Reinsurer is agreeable to the
payment of the claim. However, given the Ceding Company's relationship with its
claimant, the Ceding Company is not obligated to follow the Reinsurer's opinion.
12.04 INCONTESTABLE PERIOD (RETAINED 50% OR MORE). If a claim is made within the
incontestable period and the Ceding Company has retained fifty (50) percent or
more of the amount of insurance issued, the Reinsurer shall accept the decision
of the Ceding Company on the payment of a claim.
12.05 PAYMENT. The Ceding Company shall provide the Reinsurer with proper claim
papers and proofs when requesting payment. The Reinsurer shall pay its share of
each claim in a lump sum without regard to the form of claim settlement by the
Ceding Company.
12.06 INTEREST. If the Ceding Company is obliged by applicable state law or
court order to pay interest from a specified date, such as the date of death of
an insured, on a particular policy, the Reinsurer shall pay its share of the
claim at the same rate and for the same period as that which the Ceding Company
is required, excluding extra-contractual obligations.
12.07 CONTEST, COMPROMISE OR LITIGATION. The Ceding Company shall promptly
notify the Reinsurer in writing of the Ceding Company's intention to contest,
compromise or litigate a claim. The Ceding Company shall provide the Reinsurer
with all papers and the Reinsurer shall have an opportunity to review the
papers. Within fifteen (15) working days after receipt of all the necessary
papers, the Reinsurer shall have the following options:
a) Decline to participate in the contest, compromise or litigation of the
claim. The Reinsurer shall thereafter discharge its liability with
respect to any contested, compromised or litigated claim by paying to
the Ceding Company the Reinsurer's proportionate share of the claim as
if there had been no controversy. Upon such discharge, the Reinsurer
shall not be liable for any portion of any "routine expenses" or
"non-routine expenses," as defined in paragraph 12.08 below, incurred
with respect to such claim, nor shall the Reinsurer share in any
reduced settlement.
b) After consultation with the Ceding Company, the Reinsurer agrees to
pay its share based on the results of the contest, compromise or
litigation (agreement to be communicated by the Reinsurer to the
Ceding Company in writing). The Ceding Company will pay its share of
all "routine expenses" and the Reinsurer will pay its share of all
"non-routine expenses," as defined in paragraph 12.08 below, of the
contest, compromise or litigation.
12.08 ROUTINE/NON-ROUTINE EXPENSES. For the purpose of this Article, the term
"routine expenses" shall mean fees, charges, costs and expenses of retained
legal and investigative personnel, excluding employees, that are incurred in
rescinding a policy, contesting a policy or litigating a claim. The term
"non-routine expenses" of the contest shall mean any penalties, attorney's fees
and interest imposed automatically by statute against the Ceding Company which
arise solely out of any judgment rendered against the Ceding Company in a suit
for policy benefits. However, "non-routine expenses" shall not include
extra-contractual damages. Notwithstanding the foregoing definitions, the
Reinsurer shall not be liable for any office expenses or salaries or expenses of
employees of the Ceding Company, or of any subsidiary or affiliate of the Ceding
Company, incurred in connection with the administration of the business
reinsured pursuant to this Agreement or the disposition of a claim, loss or
legal proceeding (including investigation, negotiation, legal expenses and court
costs).
12.09 MISSTATEMENT OF AGE OR SEX. If the amount of insurance provided by any
policy or policies reinsured hereunder is increased or reduced because of a
misstatement of age or sex that is established after the death of the insured,
the Reinsurer shall share in the increase or reduction in the proportion that
the net liability of the Reinsurer bears to the total of the net liability of
the Ceding Company and the net liability of all reinsurers, including the
Reinsurer, immediately prior to such increase or reduction. The reinsurance
shall be restructured from commencement on the basis of the adjusted amount
using premiums and reserves for the correct age or sex. The adjustment for the
difference in reinsurance premiums and any associated commissions or allowances,
dividends, policy value or reserves shall be made without interest.
ARTICLE 13
EXTRA-CONTRACTUAL DAMAGES
13.01 DEFINITIONS. For purposes of this Article, the following are definitions
of elements of extra-contractual damages:
a) "Punitive Damages" are those damages awarded as a penalty, the amount
of which is not governed or fixed by statute;
b) "Statutory Damages" are those amounts awarded as a penalty, but are
fixed in amount by statute;
c) "Compensatory Damages" are those amounts awarded to compensate for
actual damages sustained and are not awarded as a penalty or fixed in
amount by statute.
13.02 EXTRA-CONTRACTUAL DAMAGES. Extra-contractual damages are defined as
punitive, statutory or compensatory damages due to the Ceding Company's
negligence, oppression, malice, fault, wrongdoing or bad faith in connection
with an award against the Ceding Company in excess of the limits of the policy
reinsured as a result of, but not limited to, an act, omission or course of
conduct committed solely by the Ceding Company in connection with the benefits
payable under a particular policy reinsured under this Agreement.
13.03 EXCEPTION. Except as provided in paragraph 13.04 below, the Reinsurer
shall not be liable for any extra-contractual damages.
13.04 ASSESSMENT OF DAMAGES. The Reinsurer recognizes that circumstances may
arise under which the Reinsurer, in equity, should share, to the extent
permitted by law, in paying certain assessed damages. The Reinsurer may be
liable for any punitive, statutory or compensatory damages awarded or assessed
against the Ceding Company if the Reinsurer elected to join in the contest,
litigation or denial of the claim, in writing, and actively directed,
participated in, consented to or ratified the act, error, omission or course of
conduct of the Ceding Company that ultimately resulted in the award or
assessment of punitive, statutory or compensatory damages. The extent of such
sharing is dependent on the good faith assessment of culpability in each case,
but all factors being equal, the division of such assessment would be in
proportion to what impact the Reinsurer's opinion had on such damages.
13.05 LEGAL FEES. If the Reinsurer has liability for damages as stated in
paragraph 13.04 above, the Reinsurer shall reimburse the Ceding Company for its
share of reasonable legal fees incurred in defense of punitive, statutory or
compensatory damages.
ARTICLE 14
INCREASE IN RETENTION AND RECAPTURE
14.01 The reinsurance under this Agreement shall be maintained in force without
reduction except as specifically provided for in this Agreement.
14.02 The Ceding Company may increase its retention limit on new business being
issued at any time by giving written notice to the Reinsurer of the new
retention limit and the effective date of such increases.
14.03 The Ceding Company shall have the option of recapturing the reinsurance
under this Agreement in the event the Ceding Company increases its retention
limit. The Ceding Company may exercise its option to recapture by giving written
notice to the Reinsurer within ninety (90) days after the effective date of the
retention limit increase. If the recapture option is not exercised within ninety
(90) days after the effective date of the retention limit increase, the Ceding
Company may choose to recapture not later than two (2) years after the date of
retention limit increase.
14.04 If the Ceding Company exercises its option to recapture, then the
following rules apply:
a) The Ceding Company shall reduce all eligible reinsurance on each
individual risk on which it retained its retention limit for the age
and mortality rating that was in effect at the time the reinsurance
was ceded.
b) The Ceding Company shall increase its total amount of insurance on the
individual risk up to its new retention limit by reducing the amount
of reinsurance. If an individual risk is shared by more than one
reinsurer, the Reinsurer's percentage of the reduced reinsurance shall
be the same as the Reinsurer's initial percentage of the reinsurance
on the individual risk.
c) No reduction of reinsurance due to recapture shall occur until the
later of the following dates:
i) The policy anniversary date immediately following the effective
date the recapture program begins and
ii) The number of years stated in Schedule A starting with the
original "policy date."
14.05 Reinsurance shall not be eligible for recapture on an individual risk if
(a) the Ceding Company retained less than its retention limit for the age and
mortality rating in effect at the time the reinsurance was ceded to the
Reinsurer, or if (b) the Ceding Company did not retain any of the individual
risk.
14.06 In the event the Ceding Company overlooks any reduction in the amount of
reinsurance on a particular policy, because of an increase in the Ceding
Company's retention, the acceptance by the Reinsurer of reinsurance premiums
under these circumstances shall not constitute a liability on the part of the
Reinsurer for such reinsurance. The Reinsurer shall be liable only for a refund
of premiums.
ARTICLE 15
INSOLVENCY
15.01 In the event of the Ceding Company's insolvency and the appointment of a
conservator, liquidator, or statutory successor, the portion of any risk or
obligation assumed by the Reinsurer shall be payable to the conservator,
liquidator, or statutory successor on the basis of claims allowed against the
Ceding Company by any court of competent jurisdiction or by any conservator,
liquidator, or statutory successor of the company having authority to allow such
claims, without diminution because of that insolvency, or because the
conservator, liquidator, or statutory successor has failed to pay all or a
portion of any claims. Payments by the Reinsurer as set forth in this Section
shall be made directly to the Ceding Company or to its conservator, liquidator,
or statutory successor, except where the contract of insurance or reinsurance
specifically provides another payee of such reinsurance in the event of the
Ceding Company's insolvency.
15.02 In the event of the Ceding Company's insolvency, the conservator,
liquidator, or statutory successor shall give written notice of the pendency of
a claim against the Ceding Company on any policies reinsured within a reasonable
time after such claim is filed. The Reinsurer may interpose, at its own expense,
in the proceeding where such claim is to be adjudicated, any defense or defenses
which it may deem available to the Ceding Company or its conservator,
liquidator, or statutory successor.
15.03 The expenses incurred by the Reinsurer shall be chargeable, subject to
court approval, against the Ceding Company as part of the expense of
conservation or liquidation to the extent of a proportionate share of the
benefit which may accrue to the Ceding Company in conservation or liquidation,
solely as a result of the defense undertaken by the Reinsurer. Where two or more
reinsurers are involved in the same claim and a majority in interest elect to
interpose a defense or defenses to this claim, the expense shall be shared as
though such expense had been incurred by the Ceding Company.
ARTICLE 16
ARBITRATION
16.01 As a condition precedent to any right of action hereunder, any dispute or
difference between the Ceding Company and the Reinsurer relating to the
interpretation or performance of this Agreement, including its formation or
validity, or any transaction under this Agreement, whether arising before or
after termination, shall be submitted to arbitration. Arbitration shall be the
method of dispute resolution, regardless of the insolvency of either party,
unless the conservator, receiver, liquidator or statutory successor is
specifically exempted from arbitration proceeding by applicable state law of the
insolvency.
16.02 Arbitration shall be initiated by the delivery of written notice of demand
for arbitration by one party to another. Such written notice shall contain a
brief statement of the issue(s), the failure on behalf of the parties to reach
amicable agreement and the date of demand for arbitration.
16.03 The arbitrators and umpire shall be present or former disinterested
officers of life reinsurance or insurance companies other than the two parties
to the Agreement or any company owned by, or affiliated with, either party. Each
party shall appoint an individual as arbitrator and the two so appointed shall
then appoint the umpire. If either party refuses or neglects to appoint an
arbitrator within thirty (30) days, the other party may appoint the second
arbitrator. If the two arbitrators do not agree on an umpire within sixty (60)
days of the appointment of the second appointed arbitrator, each of the two
arbitrators shall nominate three individuals. Each arbitrator shall then decline
two of the nominations presented by the other arbitrator. The umpire shall be
chosen from the remaining two nominations by drawing lots.
16.04 The arbitration hearings shall be held in the city in which the Ceding
Company's head office is located or any such other place as may be mutually
agreed. Each party shall submit its case to the arbitrators and umpire within
one hundred and eighty (180) days of the selection of the umpire or within such
longer period as may be agreed.
16.05 The arbitration panel shall make its decision with regard to the custom
and usage of the insurance and reinsurance business. The arbitration panel shall
interpret this Agreement as an honorable engagement; they are relieved of all
judicial formalities and may abstain from following strict rules of law. The
arbitration panel shall be solely responsible for determining what shall be
considered and what procedure they deem appropriate and necessary in the
gathering of such facts or data to decide the dispute.
16.06 The decision in writing of the majority of the arbitration panel shall be
final and binding upon the parties. Judgment may be entered upon the final
decision of the arbitration panel in any court having jurisdiction.
16.07 The jointly incurred costs of the arbitration are to be borne equally by
both parties. Jointly incurred costs are specifically defined as any costs that
are not solely incurred by one of the parties (e.g., attorney's fees, expert
witness fees, travel to the hearing site, etc.). Costs incurred solely by one of
the parties shall be borne by that party. Once the panel has been selected, the
panel shall agree on one billable rate for each of the arbitrators and umpire
and that sole cost shall be disclosed to the parties and become payable as a
jointly incurred cost as described above.
16.08 If more than one reinsurer is involved in the same dispute, all such
reinsurers shall constitute and act as one party for the purposes of this
Arbitration Article, provided however, that nothing herein shall impair the
rights of such reinsurers to assert several, rather than joint, defenses or
claims, nor be construed as changing the liability under the terms of the
Agreement from several to joint.
ARTICLE 17
DAC TAX
SECTION 1.848-2(G)(8) ELECTION
17.01 If applicable, both parties agree to the following pursuant to Section
1.848-2(g)(8) of the Income Tax Regulations issued December 1992, under Section
848 of the Internal Revenue Code of 1986, as amended. This election shall be
effective for all subsequent taxable years for which this Agreement remains in
effect.
17.02 The term "party" shall refer to either the Ceding Company or the Reinsurer
as appropriate.
17.03 The terms used in this Article are defined by reference to Section 1.848-2
of the Income Tax Regulations in effect December 1992.
17.04 The party with the net positive consideration for this Agreement for each
taxable year shall capitalize specified policy acquisition expenses with respect
to this Agreement without regard to the general deductions limitation of Section
848(c)(1) of the Internal Revenue Code of 1986.
17.05 Both parties agree to exchange information pertaining to the amount of net
consideration under this Agreement each year to ensure consistency or as
otherwise required by the Internal Revenue Service.
17.06 The Ceding Company shall submit a schedule to the Reinsurer by April 1 of
each year of its calculation of the net consideration for the preceding calendar
year. This schedule of calculations shall be accompanied by a statement signed
by one of the Ceding Company's officers stating that the Ceding Company shall
report such net consideration in its tax return for the preceding calendar year.
17.07 The Reinsurer may contest such calculation by providing an alternative
calculation to the Ceding Company in writing within thirty (30) days of the
Reinsurer's receipt of the Ceding Company's calculation. If the Reinsurer does
not so notify the Ceding Company, the Reinsurer shall report the net
consideration as determined by the Ceding Company in the Reinsurer's tax return
for the previous calendar year.
17.08 If the Reinsurer contests the Ceding Company's calculation of the net
consideration, both parties shall act in good faith to reach an agreement as to
the correct amount within thirty (30) days of the date the Reinsurer submits its
alternative calculation. If both parties reach agreement on an amount of net
consideration, each party shall report such amount in its respective tax returns
for the previous calendar year.
ARTICLE 18
ENTIRE AGREEMENT
18.01 This Agreement supersedes any and all prior discussions and understandings
between the parties and, upon its execution, constitutes the sole and entire
Agreement between the parties with respect to the reinsurance provided
hereunder. There are no understandings between the parties other than as
expressed in this Agreement. Any change or modification to the Agreement shall
be null and void unless made by a written amendment signed by both the Ceding
Company and the Reinsurer. Any waiver shall constitute a waiver only in the
circumstances for which it was given and shall not be a waiver of any future
circumstance.
ARTICLE 19
SERVICE OF SUIT
19.01 It is agreed that in the event the obligations under this Agreement are
not performed by the Reinsurer, at the request of the Ceding Company, the
Reinsurer shall submit to the jurisdiction of any court of competent
jurisdiction within the United States and shall comply with all the requirements
necessary to give that court jurisdiction. All matters arising under this
Agreement shall be determined in accordance with the law and practice of such
court. Nothing in this clause constitutes or should be understood to constitute
a waiver of the Reinsurer's rights to commence an action in any court of
competent jurisdiction in the United States, to remove an action to a United
States District Court, or to seek a transfer of a case to another court as
permitted by the laws of the United States or of any state in the United States.
Service of process, in any such suit, may be made upon any then duly elected
officer of the Reinsurer (agent for service of process) at 000 Xxxxx Xxxxx
Xxxxxx, Xxxxx 000, Xxxxxxxxx, Xxxxx Xxxxxxxx 00000. The Reinsurer shall abide by
the final decision of such court or of any appellate court in the event of an
appeal, for any suit instituted against the Reinsurer under this Agreement.
19.02 The agent for service of process is authorized and directed to accept
service of process on behalf of the Reinsurer in any such suit and/or upon the
request of the Ceding Company, give a written undertaking to the Ceding Company
that the agent will enter a general appearance on behalf of the Reinsurer in the
event such a suit is instituted.
19.03 The Reinsurer hereby designates the Superintendent, Commissioner or
Director of Insurance or his successor or successors in office, for the State of
New York, as its true and lawful agent for service of process (in addition to
the above named agent), who may be served any lawful process in any action, suit
or proceeding instituted by or on behalf of the Ceding Company or any
beneficiary arising out of this Agreement, and hereby designates the above named
as the person to whom the Ceding Company is authorized to mail such process or a
true copy thereof.
ARTICLE 20
GENERAL PROVISIONS
20.01 INSPECTION OF RECORDS. Either company, their respective employees or
authorized representatives, may audit, inspect and examine, during regular
business hours, at the home office of either company, any and all books,
records, statements, correspondence, reports, trust accounts and their related
documents or other documents that relate to the policies covered hereunder. The
audited party agrees to provide a reasonable work space for such audit,
inspection or examination and to cooperate fully and to faithfully disclose the
existence of and produce any and all necessary and reasonable materials
requested by such auditors, investigators, or examiners. The company performing
a routine audit shall provide five (5) working days advance notice to the other
party. The expense of the respective party's employee(s) or authorized
representative(s) engaged in such activities will be borne solely by such party.
20.02 REPRESENTATIONS AND WARRANTS. The Ceding Company and the Reinsurer agree
that all matters with respect to this Agreement require their utmost good faith.
Each party represents and warrants to the other party that it is solvent on a
statutory basis in all jurisdictions in which it does business or is licensed.
Each party agrees to promptly notify the other party of any material change in
its financial condition. The Reinsurer has entered into this Agreement in
reliance upon the Ceding Company's representations and warranties. Each party
affirms that it has and will continue to disclose all matters material to this
Agreement and each cession. Examples of such matters are a material change in
underwriting or issue practices or philosophy or a change in each party's
ownership or control.
20.03 ASSIGNMENT OR TRANSFER. Neither this Agreement nor any reinsurance under
this Agreement shall be sold, assigned or transferred by the Ceding Company
without prior written consent of the Reinsurer. Such approval shall not
unreasonably be withheld.
If it is determined that such sale, assignment or transfer would result in a
material adverse economic impact to the Reinsurer, and the Reinsurer so objects,
this Agreement shall be terminated with respect to all policies reinsured under
this Agreement. The Ceding Company and the Reinsurer agree to mutually calculate
a termination charge that shall be paid by the Ceding Company to the Reinsurer
upon the transfer.
The provisions of this Section 20.03 are not intended to preclude the Reinsurer
from retroceding the reinsurance on an indemnity basis.
20.04 SEVERABILITY. If any term or provision under this Agreement shall be held
or made invalid, illegal or unenforceable by a court decision, statute, rule or
otherwise, such term or provision shall be amended to the extent necessary to
conform with the law and all of the other terms and provisions of this Agreement
shall remain in full force and effect. If the term or provision held to be
invalid, illegal or unenforceable is also held to be a material part of this
Agreement, such that the party in whose favor the material term or provision was
stipulated herein would not have entered into this Agreement without such term
or provision, then the party in whose favor the material term or provision was
stipulated shall have the right, upon such holding, to terminate this Agreement.
20.05 PARTIES TO AGREEMENT. This Agreement is solely between the Ceding Company
and the Reinsurer. There is no third party to this Agreement. Reinsurance under
this Agreement shall not create any right or legal relationship between the
Reinsurer and any other person, for example, any insured, policy owner, agent,
beneficiary or assignee. The Ceding Company further agrees that it will not make
the Reinsurer a party to any litigation between any such third party and the
Ceding Company.
20.06 OFFSET. All monies due either company under this Agreement may be offset
against each other, dollar for dollar, regardless of any insolvency of either
party unless otherwise prohibited by law. If the Reinsurer advances payment
through offset of any claim it is contesting and prevails in the contest, the
Ceding Company shall return such payment plus interest calculated as per the
provisions of paragraph 9.01 d) of this Agreement.
20.07 GOVERNING LAW. In the event of litigation, the parties shall submit to the
competent jurisdiction of a court in the State of New York and shall abide by
the final decision of such court. This Agreement shall be governed as to
performance, administration and interpretation by the laws of the State of New
York, exclusive of the rules with respect to conflicts of law. In all cases, the
State of New York applies with respect to rules for credit for reinsurance.
20.08 OTHER LAWS. It is the intention of the Ceding Company and the Reinsurer to
comply with all applicable laws, statutes, regulations and rules. The Ceding
Company is responsible for compliance with all such laws, statutes, regulations
and rules applicable to the sale and solicitation of policies reinsured under
this Agreement including, but not limited to, the requirements of the USA
PATRIOT Act and the United States Department of the Treasury's Office of Foreign
Asset Control (hereinafter referred to as "OFAC"). Should either party receive
information that a policy reinsured under this Agreement may insure or be owned,
transferred or payable to or be brokered or sold by a Specially Designated
National (hereinafter referred to as "SDN"), as such term is defined by OFAC,
that party shall provide such information to the other party. In no event shall
the Reinsurer be liable for reinsurance unless the issuance of insurance by the
Ceding Company met the OFAC regulatory requirements. No reinsurance claim shall
be payable on a policy insuring, owned by or payable to a SDN that does not hold
a valid OFAC license.
20.09 EXPENSES. The Ceding Company shall pay the expense of all medical
examinations, inspection fees and other charges in connection with the issuance
of the insurance.
20.10 ERRORS AND OMISSIONS. Unintentional clerical errors, omissions or
misunderstandings in the administration of this Agreement by either the Ceding
Company or the Reinsurer shall not invalidate the reinsurance hereunder provided
the error, omission or misunderstanding is corrected promptly after discovery.
Both companies shall be restored, to the extent possible, to the position they
would have occupied had the error, omission or misunderstanding not occurred,
but the liability of the Reinsurer under this Agreement shall in no event exceed
the limits specified herein.
20.11 SCHEDULES, EXHIBITS AND PARAGRAPH HEADINGS. Schedules and Exhibits
attached hereto are made a part of this Agreement. Paragraph headings are
provided for reference purposes only and are not made a part of this Agreement.
20.12 DEFINITIONS. The definitions that apply in the interpretation of this
Agreement are located in Schedule C.
ARTICLE 21
COMMENCEMENT AND TERMINATION
21.01 This Agreement shall be effective as of March 29, 2004 and shall remain in
force for an indefinite period. Either the Ceding Company or the Reinsurer may
terminate the Agreement for new business by giving ninety (90) days written
notice by certified or registered mail to the other party. The day the
notice is deposited in the mail addressed to an officer of the other company
shall be the first day of the ninety-day period.
21.02 During this ninety-day period, the Reinsurer shall continue to accept and
the Ceding Company shall continue to cede any new policies issued prior to the
termination of this ninety-day period.
21.03 All automatic reinsurance that has been placed in effect prior to the
expiration date set forth in the notice and all facultative reinsurance approved
by the Reinsurer based upon an application the Reinsurer received prior to the
expiration date set forth in the notice shall remain in effect in accordance
with the terms of this Agreement until the reinsured policy's natural expiration
or as specified otherwise in this Agreement.
21.04 This Agreement may be executed simultaneously in any number of
counterparts, each of which shall be deemed an original, but all of which shall
constitute one and the same instrument.
Executed in duplicate by Executed in duplicate by
XXXXXXX NATIONAL LIFE INSURANCE TRANSAMERICA FINANCIAL LIFE INSURANCE
COMPANY OF NEW YORK COMPANY
on , 2004. on , 2004.
------------------------------------------- ----------------------------------------
By: By:
-------------------------------------------------- -----------------------------------------------
Title
By: By:
-------------------------------------------------- -----------------------------------------------
Title
SCHEDULE A
SPECIFICATIONS
1. TYPE OF BUSINESS Life insurance issued directly by the Ceding Company.
2. PLANS OF INSURANCE NY Perspective Investor VUL (1802NY), Terminal Illness Benefit Rider, Schedule Term
Insurance Rider, Other Insured Term Insurance Rider.
EXCLUDED RIDERS: Accelerated Living Benefit, Waiver of Specified Premium,
Children Insurance and Guaranteed Minimum Death Benefit, Waiver of Monthly
Deductions Rider.
3. BASIS OF REINSURANCE [REDACTED] of the excess over the Ceding Company's retention
specified in Schedule B.
4. MAXIMUM ISSUE AGE Preferred Plus Class 80
(ANB Basis) Other than Preferred Plus Class 90
5. MAXIMUM MORTALITY Each individual risk must not exceed Table 16, Table P, [REDACTED] or its equivalent on
a flat extra premium basis.
6. MINIMUM AMOUNTS
Initial - Automatic [REDACTED]
Initial - Facultative [REDACTED]
Subsequent [REDACTED]
7. YEARS TO RECAPTURE 20 years upon increase in the Ceding Company's maximum retention limit.
SCHEDULE B
LIMITS
1. LIFE
----------------------------------------------------------------------------------------------------------------------------
CEDING COMPANY AUTOMATIC TOTAL POOL
RETENTION
----------------------------------------------------------------------------------------------------------------------------
AGE RATE LIMIT BINDING LIMIT* BINDING
----------------------------------------------------------------------------------------------------------------------------
0 - 65 Std - T 2 [REDACTED] [REDACTED] [REDACTED]
----------------------------------------------------------------------------------------------------------------------------
0 - 65 T 3 - T 8 [REDACTED] [REDACTED] [REDACTED]
----------------------------------------------------------------------------------------------------------------------------
0 - 65 T 9 - T 16 [REDACTED] [REDACTED] [REDACTED]
----------------------------------------------------------------------------------------------------------------------------
66 - 75 Std - T 2 [REDACTED] [REDACTED] [REDACTED]
----------------------------------------------------------------------------------------------------------------------------
66 - 75 T 3 - T 8 [REDACTED] [REDACTED] [REDACTED]
----------------------------------------------------------------------------------------------------------------------------
66 - 75 T 9- T 16 [REDACTED] [REDACTED] [REDACTED]
----------------------------------------------------------------------------------------------------------------------------
76+ Std - T 2 [REDACTED] [REDACTED] [REDACTED]
----------------------------------------------------------------------------------------------------------------------------
76+ T 3 - T 16 [REDACTED] [REDACTED] [REDACTED]
----------------------------------------------------------------------------------------------------------------------------
*4 (four) times the Ceding Company's retention except age 76+, T 3 - T 16.
2. JUMBO:
Life [REDACTED]
3. POOL BINDING:
Life "See Above Table"
4. CONDITIONAL RECEIPT: [REDACTED]
SCHEDULE C
DEFINITIONS
1. AUTOMATIC Insurance which must be ceded by the
Ceding company in accordance with
the terms of the Agreement and must be
accepted by the Reinsurer.
2. EXCESS The Reinsurer agrees to reimburse the
Ceding Company for all losses or a
large portion of the losses over the
Ceding Company's retention. The
Reinsurer becomes involved in a loss
only after the loss has exceeded the
Ceding Company's retention.
3. FACULTATIVE Insurance which the Ceding Company has
the option to cede and the Reinsurer has
the option to accept or decline
individual risks.
4. INITIAL MINIMUM AMOUNT The smallest amount of reinsurance
permitted at the inception of the
reinsurance transaction.
5. LIFE PREMIUMS YEARLY RENEWABLE TERM (YRT) - Under the
YRT method, the Reinsured transfers to
the Reinsurer the mortality risk on
either a net amount at risk basis or on
an approximation of the net amount at
risk basis.
FLAT EXTRA - Flat extra ratings usually
apply to applicants in hazardous
occupations or avocations or with
certain physical impairments of a
temporary nature.
SUBSTANDARD TABLE EXTRA - Substandard
table extra ratings usually apply to
physically impaired lives.
6. POOL An organization of insurers or
reinsurers through which particular
types of risks are underwritten with
premiums, losses and expenses shared in
agreed amounts.
7. QUOTA SHARE A form of reinsurance indemnifying the
Ceding Company against a fixed
percentage of loss on each risk
covered in the Agreement.
8. CEDING COMPANY A company which transfers all or part
of the insurance it has written to
another company.
9. REINSURER A company which assumes all or part of
the insurance written by another
company.
10. RETENTION The amount of insurance which the
Ceding Company keeps for its own
account and does not reinsure in any
way.
11. RISK Insurance on an individual life.
12. SUBSEQUENT
MINIMUM AMOUNT The smallest amount of reinsurance
permitted after the inception of the
reinsurance transaction.
13. POINT-IN-SCALE Reinsurance premiums are based on the
issue age and duration of the original
reinsured policy.
EXHIBIT I
INSTRUCTIONS FOR THE PREMIUMS PER [REDACTED] OF REINSURANCE
1. Reinsurance premiums under this Agreement shall be payable annually in
advance and are due in the month of policy issue and subsequent policy
anniversaries regardless of how the Ceding Company receives premiums from
its insured.
2. LIFE - STANDARD & SUBSTANDARD
TABLE EXTRA PREMIUMS The reinsurance premiums
for the risk involved shall be an amount
equal to a percentage below of the COI
rates, varying by gender, class and
duration, shown in Exhibit II:
First Year 0%
VUL BASE PLAN: (% OF COI'S)
SEX AND CLASS DURATION 2-20 DURATION 21+
Male Preferred Plus [REDACTED] [REDACTED]
Male Preferred [REDACTED] [REDACTED]
Male Standard [REDACTED] [REDACTED]
Male Preferred Tobacco [REDACTED] [REDACTED]
Male Tobacco [REDACTED] [REDACTED]
Female Preferred Plus [REDACTED] [REDACTED]
Female Preferred [REDACTED] [REDACTED]
Female Standard [REDACTED] [REDACTED]
Female Preferred Tobacco [REDACTED] [REDACTED]
Female Tobacco [REDACTED] [REDACTED]
OTHER INSURED RIDER: (% OF COI'S)
SEX AND CLASS DURATION 2-20 DURATION 21+
Male Preferred Plus [REDACTED] [REDACTED]
Male Preferred [REDACTED] [REDACTED]
Male Standard [REDACTED] [REDACTED]
Male Preferred Tobacco [REDACTED] [REDACTED]
Male Tobacco [REDACTED] [REDACTED]
Female Preferred Plus [REDACTED] [REDACTED]
Female Preferred [REDACTED] [REDACTED]
Female Standard [REDACTED] [REDACTED]
Female Preferred Tobacco [REDACTED] [REDACTED]
Female Tobacco [REDACTED] [REDACTED]
The substandard table extra premium shall be an additional [REDACTED]%
per table rating
3. FLAT EXTRA PREMIUMS The flat extra premium shall be the annual flat extra premium which the
Ceding Company charges its insured on that amount of the insurance
reinsured less the following discounts:
FIRST RENEWAL
FLAT EXTRA PREMIUM YEAR YEARS
More than 5 years [REDACTED] [REDACTED]
5 years or less [REDACTED] [REDACTED]
4. RENEWAL, CONVERSION
OR EXCHANGE OF
INSURANCE The renewal, conversion or exchange of
insurance shall be considered as a
continuation of the original insurance.
Future premiums shall be calculated on a
point-in-scale basis, using the risk
class percentages above of the COI rates
in Exhibit II.
EXHIBIT II
YRT PREMIUMS
EXHIBIT III
REPORTS
--------------------. ----
(Reporting Period/Ending Date)
Treaty Date
Treaty Number
Reinsurance Method
Client Policy Number
Automatic/Facultative Indicator
Joint Life Indicator
Name
Last Name
First Name
Middle Initial
Date of Birth
Issue Age
Gender
State of Residency
Table Rating
Smoker Indicator
Preferred Risk Indicator
Issue Month/Day/Century/Year
Age Basis
Original Plan Code
Plan Description (i.e., WL. R&C, GPWL)
Plan Type (i.e., perm, term, UL, End, Xxx.)
Face Amount Issued
Original Amount Reinsured
Current Amount Reinsured
Life Standard Premium
Life Substandard Premium
Flat Extra Premium
Length of Flat Extra Premium
W.P. Premium
ADB Premium
Rider Premium
Life Standard Discount
Life Substandard Discount
Flat Extra Allowance
W.P. Allowance
ADB Discount
Rider Discount
Termination Date
Reinstatement Date
SPECIAL PRODUCTS (required if applicable)
If Joint, Type (i.e., last survivor, 1st to die)
Joint Insured Name
Joint Last Name
Joint First Name
Joint Middle Initial
Joint Issue Age
Term Additions Indicator
Accelerated Benefit Indicator
Long Term Care Indicator
Purchase Options
Dividends
Policy Fee
Cash Value
FIRST YEAR PREMIUM (required)
First Year Premium
First Year Discount
First Year Net Premium Due
ADDITIONAL DATA ITEMS (not required)
Par/NonPar Indicator
Social Security number
Years From Issue to Conversion
Reinsurance Premium Mode
Retention Amount
Cash Value
First Year/Renewal Indicator
POLICY EXHIBIT
CURRENT PERIOD YEAR-TO-DATE
NO. AMOUNT OF NO. AMOUNT OF
OF POLICIES REINSURANCE OF POLICIES REINSURANCE
In Force Beg. Of Period In Force Beg. Of
Year
Issues-Automatic Issues-Automatic
Issues-Facultative
Issues-Facultative
Cancellations (NTO's) Cancellations
(NTO's)
Reinstatements Reinstatements
Other Increases Other Increases
TOTAL INCREASES TOTAL INCREASES
Deaths Deaths
Recaptures Recaptures
Expiries & Maturities Expiries & Maturities
Lapses & Surrenders Lapses & Surrender
Other Decreases Other Decreases
TOTAL DECREASES TOTAL DECREASES
In Force End of Period In Force Year-to-Date
VALUATION RESERVE FOR
SELF-ADMINISTERED BUSINESS
AS OF MM/DD/YY
ISSUE REINSURANCE UNITS ANNUALIZED NET VALUATION LIFE RESERVES RESERVE
------------------------
TREATY # YEAR TYPE # OF POLICIES REINSURED GROSS PREMIUMS PREMIUMS STATUTORY TAX METHOD*
-------- ---- ---- ------------- --------- -------------- -------- --------- --- -------
TA001 1991 YRT/
1992 Co-insurance/
1993 Modco
:
1998
1999
Total
TA002 1993
1994
1995
:
1998
1999
Total
TA003 1997
1998
1999
Total
SUPPLEMENTARY RESERVES
---------------------------------------------------
SUBSTANDARD WP AI DEFICIENCY OTHER
----------- -- -- ---------- -----
* Please describe exact method of calculating reinsurance reserves, i.e.,
unearned gross premiums or 1/2 Cx. If the business is co-insured, specify
mortality table, interest rate and method used (curtate or continuous CRVM) but
not less than 1/2 Cx, or CRVM humpback. Mean or Interpolated. Used XXX or
Regulation 147. Does it include provision for immediate payment of claims?
As the valuation actuary of the below named company, I certify that the
information above is correct as shown.
Company:
Signature:
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Name:
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Title:
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Date:
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