Ref #2011-18 Statutory Accounting Principles Working Group Maintenance Agenda Submission Form Form A Issue: Nullify SSAP No. 75 and incorporate guidance into SSAP No. 62R Check (applicable entity): P/C Life Health Modification of existing SSAP New Issue or SSAP Description of Issue: The Statutory Accounting Principles Working Group issued SSAP No. 75—Reinsurance Deposit Accounting, An Amendment to SSAP No. 62R, Property and Casualty Reinsurance (SSAP No. 75) in 2000 to adopt substantive revisions relating to reinsurance deposit accounting. The guidance within SSAP No. 75 directly supersedes paragraph 35 within SSAP No. 62R—Property and Casualty Reinsurance. It is noted that recent revisions to the AP&P Manual have attempted to consolidate information for specific types of transactions in single SSAPs. Existing Authoritative Literature: From SSAP No. 75: SCOPE OF STATEMENT 1. This statement provides statutory accounting principles for reinsurance contracts that do not transfer both components of insurance risk (underwriting risk and timing risk). SUMMARY CONCLUSION 2. This statement supersedes paragraph 35 of SSAP No. 62R—Property and Casualty Reinsurance (SSAP No. 62R). The following guidance shall be followed when reinsurance contracts do not transfer both components of insurance risk. 3. To the extent that a reinsurance agreement does not, despite its form, transfer both components of insurance risk, all or part of the agreement shall be accounted for and reported as deposits in the following manner: a. At the outset of the reinsurance agreement, the net consideration paid by the ceding entity (premiums less commissions or other allowances) shall be recorded as a deposit by the ceding company and as a liability by the assuming entity. The deposit shall be reported as an admitted asset by the ceding company if (i) the assuming company is licensed, accredited or otherwise qualified in the ceding company’s state of domicile as described in Appendix A-785 or (ii) there are funds held by or on behalf of the ceding company which meet the requirements of paragraph 16 of Appendix A-785; b. At subsequent reporting dates, the amount of the deposit/liability shall be adjusted by calculating the effective yield on the deposit agreement to reflect actual payments to date (receipts and disbursements shall be recorded through the deposit/liability accounts) and expected future payments (as discussed below), with a corresponding credit or charge to interest income or interest expense; c. The calculation of the effective yield shall use the estimated amount and timing of cash flows. If a change in the actual or estimated timing or amount of cash flows occurs, the effective yield shall be recalculated to reflect the revised actual or estimated cash flows. The deposit shall be adjusted to the amount that would have existed at the reporting date had the new effective yield been applied since the inception of the reinsurance agreement. Changes in the © 2011 National Association of Insurance Commissioners 1 Ref #2011-18 carrying amount of the deposit asset/liability resulting from changes in the effective yield shall be recorded as interest income or interest expense; d. It shall be assumed that any cash transactions for the settlement of losses will reduce the asset/liability accounts by the amount of the cash transferred. When the remaining losses are revalued upward, an increase in the deposit liability shall be recorded as interest expense – by the assuming company. Conversely, the ceding company shall increase its deposit (asset) with an offsetting credit to interest income; and increase its outstanding loss liability with an offsetting charge to incurred losses; e. No deduction shall be made from the loss and loss adjustment expense reserves on the ceding company’s Statement of Financial Position, schedules, and exhibits; f. The assuming company shall record net consideration to be returned to the ceding company as a liability. (For an illustration of the provisions of paragraph 3, see Exhibit at end of this document) Disclosures 4. The financial statements shall disclose the following with respect to reinsurance agreements that have been accounted for as deposits: a. A description of the reinsurance agreements. b. Any adjustment of the amounts initially recognized for expected recoveries. The individual components of the adjustment (e.g., interest accrual, change due to a change in estimated or actual cash flow) shall be disclosed separately. 5. Refer to the preamble for further discussion regarding disclosure requirements. Relevant Literature 6. This statement adopts American Institute of Certified Public Accountants (AICPA) Statement of Position 98-7, Deposit Accounting: Accounting for Insurance and Reinsurance Contracts That Do Not Transfer Insurance Risk (SOP 98-7) paragraphs 10 to 12 and 19 (subsection b only). This statement rejects AICPA SOP 98-7 paragraphs 13 to 17 and 19 (subsections a and c). Effective Date and Transition 7. This statement is effective for years beginning January 1, 2001. Changes resulting from the adoption of this statement shall be accounted for as a change in accounting principle in accordance with SSAP No. 3—Accounting Changes and Corrections of Errors. AUTHORITATIVE LITERATURE Generally Accepted Accounting Principles AICPA Statement of Position 98-7, Deposit Accounting: Accounting for Insurance and Reinsurance Contracts That Do Not Transfer Insurance Risk RELEVANT ISSUE PAPER Issue Paper No. 104—Reinsurance Deposit Accounting – An Amendment to SSAP No. 62— Property and Casualty Reinsurance Activity to Date (issues previously addressed by SAPWG, Emerging Accounting Issues WG, SEC, FASB, other State Departments of Insurance or other NAIC groups): © 2011 National Association of Insurance Commissioners 2 Ref #2011-18 None Information or issues (included in Description of Issue) not previously contemplated by the SAPWG: None Staff Recommendation: It is staff’s recommendation that the Working Group move this item to the substantive active listing and expose substantive revisions to nullify SSAP No. 75, and expose revisions to SSAP No. 62R to include the reinsurance deposit accounting guidance within that SSAP. Staff recommends replacing the current superseded paragraph 35 in SSAP No. 62R with paragraph 3 from SSAP No. 75. The deposit accounting disclosures included within SSAP No. 75 will be included in SSAP No. 62R as well as authoritative literature references. Also, the deposit account illustration included in SSAP No. 75 as Exhibit A, will be moved to SSAP No. 62R as Exhibit C. This is considered substantive because SSAP No. 75 will be nullified; however, this is strictly a placement revision, without changes to the existing guidance. As there are no new statutory accounting concepts, an issue paper is not considered necessary. Staff Review Completed by: Julie Gann and Linda Hunsucker – April 1, 2011 NAIC staff G:\DATA\Stat Acctg\1. Statutory\A. Maintenance\a. Form A\1. Active Form A's\11-18 - Nullify SSAP No. 75.doc Proposed Revisions to SSAP No. 62R Deposit Accounting 35. To the extent that a reinsurance agreement does not, despite its form, transfer both components of insurance risk, all or part of the agreement shall be accounted for and reported as deposits in the following manner: a. At the outset of the reinsurance agreement, the net consideration paid by the ceding entity (premiums less commissions or other allowances) shall be recorded as a deposit by the ceding company and as a liability by the assuming entity. The deposit shall be reported as an admitted asset by the ceding company if (i) the assuming company is licensed, accredited or otherwise qualified in the ceding company’s state of domicile as described in Appendix A-785 or (ii) there are funds held by or on behalf of the ceding company which meet the requirements of paragraph 16 of Appendix A785; b. At subsequent reporting dates, the amount of the deposit/liability shall be adjusted by calculating the effective yield on the deposit agreement to reflect actual payments to date (receipts and disbursements shall be recorded through the deposit/liability accounts) and expected future payments (as discussed below), with a corresponding credit or charge to interest income or interest expense; c. The calculation of the effective yield shall use the estimated amount and timing of cash flows. If a change in the actual or estimated timing or amount of cash flows occurs, the effective yield shall be recalculated to reflect the revised actual or estimated cash flows. The deposit shall be adjusted to the amount that would have existed at the reporting date had the new effective yield been applied since the inception of the reinsurance agreement. Changes in the carrying amount of the deposit asset/liability resulting from changes in the effective yield shall be recorded as interest income or interest expense; d. It shall be assumed that any cash transactions for the settlement of losses will reduce the asset/liability accounts by the amount of the cash transferred. When the remaining losses are revalued upward, an increase in the deposit liability shall be © 2011 National Association of Insurance Commissioners 3 Ref #2011-18 recorded as interest expense – by the assuming company. Conversely, the ceding company shall increase its deposit (asset) with an offsetting credit to interest income; and increase its outstanding loss liability with an offsetting charge to incurred losses; e. No deduction shall be made from the loss and loss adjustment expense reserves on the ceding company’s Statement of Financial Position, schedules, and exhibits; f. The assuming company shall record net consideration to be returned to the ceding company as a liability. (For an illustration of the provisions of paragraph 35, see Exhibit C) (Note – New paragraph 87 – the remaining paragraphs will be renumbered accordingly.) 87. The financial statements shall disclose the following with respect to reinsurance agreements that have been accounted for as deposits: a. A description of the reinsurance agreements. b. Any adjustment of the amounts initially recognized for expected recoveries. The individual components of the adjustment (e.g., interest accrual, change due to a change in estimated or actual cash flow) shall be disclosed separately. Relevant Literature (Note – New paragraph – remaining paragraphs will be renumbered accordingly.) 90. This statement adopts American Institute of Certified Public Accountants (AICPA) Statement of Position 98-7, Deposit Accounting: Accounting for Insurance and Reinsurance Contracts That Do Not Transfer Insurance Risk (SOP 98-7) paragraphs 10 to 12 and 19 (subsection b only). This statement rejects AICPA SOP 98-7 paragraphs 13 to 17 and 19 (subsections a and c). 95. This statement, including the guidance in paragraph 35 incorporated from SSAP No. 75, is effective for years beginning January 1, 2001. Changes resulting from the adoption of this statement shall be accounted for as a change in accounting principle in accordance with SSAP No. 3—Accounting Changes and Corrections of Errors. Revisions to subparagraph 31.e., related paragraphs 68-71, and new disclosures in paragraph 86 documented in Issue Paper No. 137—Transfer of Property and Casualty Reinsurance Run-off Agreements are effective for contracts entered on or after January 1, 2010. The guidance in paragraphs 35, 87 and 90 was previously included within SSAP No. 75—Reinsurance Deposit Accounting—An Amendment to SSAP No. 62R, Property and Casualty Reinsurance (SSAP No. 75)_and was also effective for years beginning Jan. 1, 2001. In 2011, the guidance from SSAP No. 75 was incorporated within this statement, with SSAP No. 75 nullified. The original guidance included in this statement for deposit accounting, as well as the original guidance adopted in SSAP No. 75 are retained for historical purposes in Issue Paper No. 104. AUTHORITATIVE LITERATURE Generally Accepted Accounting Principles FASB Statement No. 113, Accounting and Reporting for Reinsurance of Short-Duration and Long-Duration Contracts FASB Emerging Issues Task Force Issue No. 93-6, Accounting for Multiple-Year Retrospectively Rated Contracts by Ceding and Assuming Enterprises AICPA Statement of Position 98-7, Deposit Accounting: Accounting for Insurance and Reinsurance Contracts That Do Not Transfer Insurance Risk © 2011 National Association of Insurance Commissioners 4 Ref #2011-18 RELEVANT ISSUE PAPERS Issue Paper No. 75—Property and Casualty Reinsurance Issue Paper No. 137—Transfer of Property and Casualty Reinsurance Run-off Agreements Issue Paper No. 104—Reinsurance Deposit Accounting – An Amendment to SSAP No. 62— Property and Casualty Reinsurance © 2011 National Association of Insurance Commissioners 5 Ref #2011-18 SSAP No. 62R – EXHIBIT C Illustration of a Reinsurance Contract That Is Accounted for as a Deposit using the Interest Method Assumptions: Premium = $1,000 (assumes no commissions or allowances) Coverage Period = 1 year Initial expected recoveries = $225 per year (at end of year) for five years Initial Implicit rate = 4 percent* *present value of $225 per year for five years at 4 percent = $1,000 At the end of Year 2, the timing of anticipated recoveries under the reinsurance contract changes. A reevaluation of the implicit interest rate produces a rate of 3.63 percent and an asset of $640 at the end of the year. Description Initial payment Year 1 (4%) End of Year 1 Year 2 (4 %) End of Year 2 Yield adjustment Year 3 (3.63 %) End of Year 3 Year 4 (3.63 %) End of Year 4 Year 5 (3.63 %) End of Year 5 Year 6 (3.63 %) End of Year 6 Interest Income Cash Recoveries $ 40 $ (225) $ 33 $ (200) $ (8) $ 23 $ (175) $ 18 $ (175) $ 12 $ (175) $7 $ (175) Deposit Balance $1,000 $1,040 $ 815 $ 848 $ 648 $ 640 $ 663 $ 488 $ 506 $ 331 $ 343 $ 168 $ 175 $ 0 At the inception of the contract, the ceding insurer records a deposit asset of $ 1,000 and the assuming company, a $1,000 deposit liability. The asset is admitted providing the conditions for credit for reinsurance are met. At subsequent reporting dates, the deposit asset is adjusted by calculating the effective yield on the reinsurance agreement to reflect actual payments to date and expected future payments with a corresponding credit to interest income by the ceding company and interest expense by the assuming company. At the end of year two, it is determined that the expected cash flows will differ from previous estimates, resulting in a lower effective yield on the deposit asset. The deposit asset is adjusted to the amount that would have existed at the reporting date had the new effective yield been applied from the inception of the reinsurance agreement. The adjustment is charged to interest income, i.e., as a reduction of interest income. Interest income during the remaining term of the agreement is reduced accordingly (i.e., the yield is reduced from 4.0% to 3.63%). © 2011 National Association of Insurance Commissioners 6