ATTACHMENT K CLRS NAIC CODIFICATION OF STATUTORY ACCOUNTING PRINCIPLES STATE IMPLEMENTATION March 2000 The attached chart summarizes discussions with State Insurance Departments regarding their plans for the adoption of Codification, and any legislative or regulatory activity which has occurred. This information was gathered by the following trade associations: · Alliance of American Insurers · American Council of Life Insurance · American Insurance Association · National Association of Independent Insurers · National Association of Mutual Insurance Companies Although we made every effort to accurately report the results of our discussions, no assurances can be given that the results represent the ultimate decisions of the Insurance Departments or State Legislatures. Questions or comments regarding this information are welcome. 1 NAIC CODIFICATION OF STATUTORY ACCOUNTING PRINCIPLES STATE IMPLEMENTATION March 2000 *Biannual American Council of Life Insurers STATE AL Does the state plan to adopt Codification for implementation 1/1/2001? Yes Current citation to AP&P Manual How/when will AP&P Manual (version effective 1/1/2001) be implemented? Regulation No. 97, Sec. 4 “NAIC AP&P Manual except when in conflict with AL laws or rules” Department Bulletin 1/26/2000 Issued as “additional information” to Reg. 97, requires use by authorized insurers of the new NAIC AP&P Manual on 1/1/2001. The Insurance Department has not yet reviewed existing accounting requirements to determine if any modifications to current statutes or regulations are necessary. AK Yes Statute § 21.06.140(c) “If records are not kept as required by AP&P Manual currently approved by the NAIC, Director may employ experts to balance them...” Bulletin 92-4 “NAIC AP&P Manual. The Manual reflects the generally accepted ap’s for statutory accounting adopted by NAIC (EX4) Subcommittee” Person contacted: Richard Ford Bulletin B99-08 1/1/2001 will be the effective date for the new NAIC AP&P Manual for authorized insurers in AK. For non-domiciled insurers, the Division will accept the requirement of the domiciliary jurisdiction before 1/1/2001. The Insurance Division believes that Codification is adopted by reference, via existing statute. Proposed Senate Bill 209/House Bill 303 Repeals and reenacts provisions regarding allowable assets and assets not allowed. Also amends sections regarding reserves and liabilities, and diversification of investments. In Senate and House Labor and Commerce Committees. Person contacted: Gloria Glover AZ Yes Statute § 20-223(A) “ap&p’s Circular Letter 1999-8 Pursuant to statute, insurers doing business in the approved by the NAIC” state will be required to conform to the ap&p’s in the new manual for financial filings with an “as of” date on and after 1/1/2001. The Insurance Department believes that the existing statute would effectuate the adoption of Codification through incorporation into the NAIC AP&P Manual. Proposed House Bill 2021 Makes numerous changes to various statutory accounting requirements to conform to Codification. Amendments include areas such as admitted/nonadmitted assets, reserves, valuation, investments, mortgages, loans, surplus, and reinsurance. Passed House on 1/25/2000. Placed on Senate Consent Calendar on 2/28/2000. AR* Yes Statute § 23-63-216 “NAIC AP&P Manual” Person contacted: Vista Brown, Gary Torticill, Nancy Howse House Bill 1328 The annual statement shall...follow those accounting practices and procedures prescribed by the “most recent and appropriate, companion” NAIC AP&P Manual. Law - Effective 7/30/99. The Department is working on a bulletin or memorandum concerning the adoption of the new manual. A task force including domestic industry was formed in 1999 to review any potential conflict between existing accounting requirements and Codification; deliberations continue. CA Yes Statute § 923 “NAIC AP&P Manual to the extent the p&p’s do not conflict with Code. Commissioner may make changes” Person contacted: Mel Anderson The Insurance Department plans to send out a notice imminently to all companies which indicates that, due to the existing statute, Codification will become effective on 1/1/2001. The notice will also be posted on the CA website. With respect to the Department’s comparison of current accounting requirements to Codification, the Department repealed inconsistent and outdated statutes several years ago. The Department has not made a final decision with respect to repealing its statutory language regarding the excess of Schedule P formula reserve for worker’s compensation. The Department may also repeal some outdated regulations that have been superceded. Person contacted: Norris Clark 3 CO Yes Statute CRS 10-3-208 “NAIC instructions, procedures, guidelines” Regulation § 3-1-10 “The appropriate NAIC AP&P Manual. These Manuals do not supercede any specific statutes, regs, orders, rulings” CT Yes Statute Sec. 38a-53 “NAIC AP&P Manual subject to deviations prescribed by Commissioner” The Insurance Department believes that no additional action is necessary to adopt Codification, due to authority provided by language of existing statute and regulation. The Department’s review of relevant statutes and rules is nearing completion. Resulting amendments to the statutes will be introduced during the 2001 legislative session. The Department also plans to issue a bulletin in early 2000 explaining this process and soliciting comments. Person contacted: Chad Collier Proposed Senate Bill 1261 “When adopting accounting rules, the Commissioner shall follow those ap&p’s published in the NAIC AP&P Manual, version effective 1/1/2001, or any subsequent corresponding manual, and the NAIC Annual Statement Instructions, subject to any deviations the Commissioner may prescribe.” Passed Senate on 5/12/99. To House. Failed to pass. Proposed Senate Bill 443 Includes same wording that was proposed in Senate Bill 1261, above. Also makes changes to various statutory provisions in order to conform to Codification, including the definition of qualified assets, surplus requirements, and premium and contingency reserve requirements. In Senate Joint Committee on Insurance. The Insurance Department formed a review group, including domestic industry, in 1999. Legislation based on the recommendations of that group has been introduced (above). DE Yes Statute § 526(a) “NAIC AP&P Manual” DC Yes Statute § 35-3401 “NAIC AP&P Manual... Mayor has power to make modifications/ additions in financial statement forms” Person contacted: Fran O’Connor The Insurance Department believes that the wording of the existing statute provides for the adoption of Codification without additional activity. Person contacted: Fred Townsend All insurers will be notified by bulletin that Codification will become effective on 1/1/2001. The City Council will be contacted as well to let them know about the new manual. The Insurance Department has compared Codification to existing statutory requirements and does not believe that any major inconsistencies exist. Person contacted: Thomas Hampton 4 FL Yes Regulation § 4-137.001 “NAIC AP&P Manuals for Life & A&H, P&C, 1998 version” (updated annually) GA Yes Regulation § 120-2-18-.07 “NAIC AP&P Manual incorporated by reference” HI Yes ID Yes Statute § 41-335 “Unless otherwise required by Director, NAIC AP&P Manual” IL Yes Statute 215 ILCS 5/136 “NAIC AP&P Manual. Director has power to make modifications and additions” The Insurance Department plans to adopt Codification by rule, as they have the statutory authority to do so. The Department formed an internal working group in 1999 to compare existing accounting requirements to Codification and evaluate the need for any statutory changes. Person contacted: Michelle Newell The Insurance Department has reviewed its statutes and regulations in comparison with Codification, and believes that statutory changes may not be necessary. Person contacted: Don Roof, Amy Atkinson Statute § 431:3-301(a)(1)(A) The Insurance Department plans to adopt “NAIC AP&P Manual” Codification based on the existing statutory reference. The Department has formed a committee to review the new manual’s adoption. Person contacted: George Ito, Jim Mzyk The Insurance Department believes that the statute provides sufficient authority to adopt Codification without additional legislation. The Department plans to issue a bulletin to domestics informing them of the new manual’s adoption. The Department believes that no conflicting authority exists between current accounting requirements and Codification. Person contacted: Candy Kinch, Martha Hopper House Bill 2777 Repeals most statutory definitions of “admitted assets,” and adds HMOs and limited health services organizations to those entities required to prepared the annual statement is accordance with the NAIC AP&P Manual. Law - Effective 8/14/99. Emergency Rule 945 Clarifies the current definition of “admitted assets,” the language of which was inadvertently stricken in HB 2777 (above), due to a change in the effective date. Effective 1/29/2000. Person contacted: Arnie Dutcher 5 IN Yes Statute § 27-1-3-13 “The most recent NAIC AP&P Manual” Proposed Senate Bill 418 Authorizes the Insurance Commissioner to allow an insurer to exceed the current statutory limit on the total value of goodwill, trade names, and other intangible assets that can be recognized as admitted assets if such assets are attributable to the insurer’s acquisition of another insurer or HMO. Passed Senate on 2/7/2000. Passed House on 2/23/2000. The Insurance Department plans to issue an administrative letter or bulletin informing companies that the new manual is required by the existing statute. The Department is undertaking a side by side analysis to identify any differences between current accounting requirements and Codification, which will be shared with the domestic industry. This process is expected to be completed in 6/2000. IA Yes Statute § 508.11(43) “Commissioner may adopt by reference NAIC AP&P Manual” KS Yes Statute § 40-225 “NAIC ap&p’s with additions or amendments thereto adopted by Commissioner” Person contacted: Chuck Russell The Insurance Division plans to adopt Codification as a whole through rule making. The Division formed a working group, including domestic companies, in 1999 to compare current accounting guidance to Codification. The group’s work is complete, and proposed statutory changes will be introduced as part of the Commissioner’s package during the 2000 legislative session. Person contacted: Bob Howe, Kim Cross Proposed Senate Bill 443 Repeals provisions regarding liabilities for losses and loss adjustment expenses, which are inconsistent with Codification. Passed Senate on 2/23/2000. In House Insurance Committee. The Insurance Department believes that Codification as a whole can be adopted without specific legislation thereto, due to its statutory reference to the NAIC AP&P Manual. The Department has reviewed Codification, and is in the process of correcting inconsistencies through legislation. KY* Yes Statute § 304.3-241 “ap&p’s which meet or exceed NAIC ap&p’s” Person contacted: Don Gaskill, Pat Mulvihill The Insurance Department believes that it has the statutory authority to adopt Codification without specific changes to the law. The Department plans to compare existing requirements to Codification in order to determine whether any inconsistencies exist. Person contacted: Pat Talley 6 LA Yes Statute Part XXXI, Sec. 22:1451(D) “NAIC AP&P Manual” ME Yes Statute 24-A, § 423(1,5) “NAIC AP&P Manual, with any useful or necessary modification or adaptation thereof required by Superintendent” MD Yes Regulation § 31.04.01.04 “NAIC AP&P Manual” MA Yes Statute Ch. 175, Sec. 25 “NAIC AP&P Manual, unless further modified by the Commissioner as he considers appropriate” MI Yes Bulletin 97-10 “NAIC AP&P Manuals for Life & A&H, Fire & Casualty, as updated by the NAIC” The Insurance Department believes that it has the statutory authority to adopt Codification, effective 1/1/2001, without further changes to the law. The Department plans to notify the Legislature about the accounting changes contained in the new manual. The Department is in the second round of reviewing Codification internally, and will provide its results to a group of domestic insurers. Person contacted: Craig Gardner, Denise Brignac The Insurance Department believes that the statute provides the necessary authority to adopt Codification without further legislative action. The Department has conducted a legal review of existing accounting requirements in comparison with Codification and does not believe that any major inconsistencies exist. Person contacted: Enya Carter The Insurance Department believes it has sufficient authority to adopt Codification without further legislative action. The Department plans to issue a bulletin explaining the significance of Codification to domestic insurers. The Department also expects to begin a review of statutes and regulations, and will ask domestic insurers and interested parties to participate. Person contacted: Ilona Klasons, Lester Schott The Insurance Department believes that the existing statute adopts Codification by reference, effective 1/1/2001. The Department anticipates issuing a bulletin to domestic insurers notifying them of the adoption of Codification. The Department is performing its own review of statutes/regulations to determine if conforming changes are necessary, and intends to finish this process in the spring of 2000. Person contacted: Bob Dynan, John Ritacco Insurance Bureau officials and the industry, with the Life Insurance Association of Michigan acting as coordinator, completed a review of Codification and made recommendations for modifications in 11/99. The Insurance Commissioner is reviewing the specific recommendations. The Bureau plans to adopt Codification, subject potentially to modifications if in conflict with state laws and regulations. Person contacted: Jean Carlson 7 MN Yes Statute § 60A.13(Subdiv.1) “NAIC AP&P Manual, unless the Commissioner requires another method of reasonable valuation” MS Yes Statute § 83-5-55 “NAIC AP&P Manual” MO Yes MT* Yes Regulation 20 CSR 2001.020(1) “ NAIC AP&P Manuals for Fire & Casualty, Life & A&H, except where applicable provisions of Ch. 374-385, or specific rules, expressly provide otherwise” Statute § 33-2-701 “NAIC AP&P Manual” NE Yes Statute § 44-322(1) “NAIC AP&P Manual” The Insurance Department believes that the existing statute authorizes the new manual. The Department may issue a bulletin informing insurers of the new manual. The Department has solicited input from insurers, identified statutory changes to conform to Codification, and has drafted legislation expected to be introduced in 2000 session. Person contacted: Charles Nettell, Jill Rickheim The Insurance Department believes that the existing statute provides for the adoption of Codification. The Department may send a letter or bulletin about prospective adoption of the new manual with the 2000 Annual Statement mailing. The Department believes that no significant conflict exists between current accounting requirements and Codification. Person contacted: James Ainsworth The Insurance Department intends to amend its existing regulation in order to adopt Codification. The Department will likely propose legislation to conform existing statutes to Codification, where necessary. Person contacted: Joe Haverstick The Insurance Department believes that it has the statutory authority to adopt Codification without specific additional wording. The Department has not yet reviewed existing accounting requirements to determine whether any modifications to current statutes or rules are necessary. Person contacted: Jim Borchardt Legislative Bill 326 Requires all companies to prepare their financial statements in accordance with the ap&p manuals as prescribed by the Director which conform substantially to the NAIC AP&P Manuals on and after 1/1/2001. Law - Effective 8/28/99. Proposed Legislative Bill 930 Conforms or repeals various statutory accounting standards that duplicate or are in conflict with Codification so as to avoid needless reporting of differences. Includes amendments to the life/health guaranty association regarding the admissibility of assets. Voted out of Banking and Insurance Committee on 1/19/2000. To Legislature. Person contacted: Dave Krumm 8 NV* Yes Regulation The Insurance Department believes that Codification will come into effect without additional action. The Department has compared Codification to existing statutory accounting and does not believe that any major inconsistencies exist. NH Yes Statute § 400-A:36-a “NAIC AP&P Manual” NJ Yes Person contacted: David Carbon The Insurance Department does not believe it needs to take any formal action to effectuate Codification, due to existing statutory requirements. Person contacted: Thomas Burke Statute § 17B:21-1(a) “NAIC Bulletin 99-15 Insurers are reminded that they must make AP&P Manual, and all applicable provisions of law” appropriate accounting and system changes to comply with the new AP&P Manual beginning with the quarterly statement for the period ending 3/31/2001, as well as continue to comply with all existing requirements of law. The Bulletin also notes that the Department is presently conducting an in-depth analysis of NJ law and Codification requirements to determine whether there are any inconsistencies. NM Yes Statute § 59A-5-29(A) “NAIC AP&P Manual, and supplemented by additional information as required by Superintendent” NY Yes Statute § 307(a)(1-2) Requires insurers authorized in the state to file an annual statement in such form prescribed by the Superintendent, and permits the use of annual statement form adopted from time to time by the NAIC” Person contacted: Karen Mitchell Due to existing statutory authority, the Insurance Department does not believe that additional legislation or regulation is necessary, but the Department is still considering the matter. Person contacted: Mike Batte Circular Letter No. 11 (2000) Informs the industry of the Insurance Department’s intention to proceed with implementation of the new Codification rules, subject to any provisions of statute which conflict with particular points in the rules. Denotes the establishment of an internal committee to work on Codification issues. The insurance industry, with the Life Insurance Council of New York acting as the coordinator, has reviewed statutes, regulations, and circular bulletins, and has proposed amendments necessary to implement Codification. The Department is studying these recommendations Person contacted: Kevin Rampe, Stephen Maluk 9 NC Yes Statute § 58-2-165(c) “NAIC AP&P Manual, unless further modified by Commissioner” The Insurance Department believes that, by virtue of existing statute, Codification will take effect on 1/1/2001. Person contacted: Ray Martinez ND* Yes Regulation § 45-03-15-01,02 Senate Bill 2156 Gives the Commissioner specific authority to adopt “NAIC AP&P the NAIC AP&P Manual by rule. Manuals for P/C and L/H” Law - Effective 8/1/99. The Insurance Department is comparing current accounting requirements with Codification, in conjunction with the domestic industry. The target date for completion of analysis is 7/1/2000. Any potential legislative or regulatory changes will be assessed at that time. OH OK Yes Yes Statute § 3905.29(A) “Superintendent shall adopt manuals prescribed by NAIC for preparation of statutory financial statements. For circumstances not addressed by manuals, Superintendent may determine ap’s” Statute § 311(A) “NAIC AP&P Manual, as supplemented by the Commissioner by rule” Person contacted: Trent Heinemeyer Bulletin 98-3 Notification to all insurers that, pursuant to statute, the Insurance Department will adopt the new AP&P Manual, effective 1/1/2001. The current version remains in effect until 12/31/2000. The Department expects to draft a regulatory “clean up” proposal by 5/2000, with promulgation of a rule by 8/2000, after domestic industry review. Person contacted: Mike Motil, Barry Ward The Insurance Department believes that the reference in the statute to the NAIC Manual provides for the adoption of Codification. After annual statement filings this spring, the Department will issue a bulletin to domestic companies noting application of the new manual as of 1/1/2001. The Department believes that there are only minor existing conflicts with Codification, which are not problematic. Person contacted: John Beers 10 OR* Yes Statute § 733.210(2) “Standards, p&p’s established by NAIC Manuals” Bulletin 96-7 “Life & A&H Manual, Fire & Casualty Manual” 2/24/2000 Department Memorandum to All Authorized Insurers The Insurance Department indicates its intention to adopt and apply Codification without change. The Department and a domestic industry study group have finished a thorough r review of Codification, and anticipates “100% compliance” with it. A technical “clean up” bill will be drafted for introduction in the 2001 legislative session. Changes are anticipated in the areas of EDPequipment, bonds, prepaid expenses, policy loans, title insurance, mortgage guarantee insurance, and business combinations and goodwill. Person contacted: Charles Nicoloff, Neeraj Gupta PA Yes Statute § 443(2) “NAIC AP&P Manual, unless otherwise provided by law, rule, or order of Commissioner” Bulletin 98 PA 7 NAIC Codification will be effective 1/1/2001, and will apply to quarterly financial statements filed as of 3/31/2001 for domestic insurers. Insurers must receive written approval to implement any of the codified principles prior to 1/1/2001. Notice No. 2000-02 Advises all domestic fraternal benefit societies that they will be required to adhere to the NAIC codified principles in preparing financial statements on the same dates as indicated for other domestic insurers (see above). The Insurance Department has reviewed most of Codification, and is considering whether statutory changes may be needed based on “materiality” of the differences. The Department intends to propose two rule changes in 2000, regarding EDP, sliding scale reinsurance, and allocation of expenses, to make them consistent with Codification. Domestic industry will be given the opportunity for input beforehand. RI Yes Statute § 27-12-1 “ap&p manuals published by the NAIC as may be amended from time to time...” Person contacted: Steve Johnson The Insurance Department does not believe that legislation is necessary to adopt Codification. The Department plans to notify insurers of its adoption as of 1/1/2001, likely by bulletin. Person contacted: Joe Torti 11 SC Yes Statute § 38-13-80(A) “Unless Director provides otherwise, NAIC AP&P Manual” SD Yes Statute § 58-6-75 “NAIC AP&P Manual, as adopted by rule. Director may also establish additional p&p’s considered necessary” Regulation 20:06:25:01 “NAIC AP&P Manuals for P/C Companies, Life & A&H Companies, and HMOs, all as in effect on 5/1/98" Statute § 56-1-501(g) “NAIC AP&P Manual in effect for the period covered by the report” TN Yes TX* Yes Regulation § 7.18 “1/96 NAIC AP&P Manual for life & health companies, 10/95 Manual for p/c, and 6/91 Manual for HMOs” (lists specific exceptions to each Manual) UT Yes Statute § 31A-4-113 “In the absence of a statute providing otherwise, NAIC AP&P Manual” Due to existing statutory reference to the NAIC AP&P Manual, the Insurance Department believes that Codification will become effective on 1/1/2001. The Department is currently comparing existing accounting requirements to Codification, and expects to have the process completed by the summer. Based on the results of the review, legislation may be proposed during the 2001 legislative session. Person contacted: Tim Campbell, Linda Haralson The Insurance Department plans to adopt Codification by regulation, which is an annual process in the accounting area. This rule making will provide for the opportunity to review any existing conflicts with Codification, which are not perceived at present. Person contacted: Wendell Malsam The Insurance Department notes that the statutes incorporate the NAIC Manual, and regulations incorporate the Annual Statement Instructions. The Department is expected to issue a reminder notice to companies about the effective date of the new manual. Person contacted: Bill Hosea The Insurance Department plans to propose a regulation in the spring of 2000 to adopt the NAIC AP&P Manual, Version Effective 1/1/2001. The regulation will clarify the differences between Codification and TX accounting guidance. The Department has formed a group of domestic companies and interested parties to review current guidance. Person contacted: Betty Patterson, Kevin Brady The Insurance Department believes that the existing statute provides sufficient authority for the adoption of Codification. The Department has not yet reviewed current accounting requirements to determine if any modifications to existing statutes or regulations are necessary. Person contacted: Larry Whitlock, C. Kaye Anderson 12 VT VA Yes Yes Statute T.8 § 3561 “NAIC AP&P Manual and other information required by the NAIC, and any modifications/ adaptations approved by Commissioner” Statute § 38.2-1300(C) “NAIC AP&P Manuals, or any other successor publications” The Insurance Department believes that the current statute, which incorporates the NAIC Manual by reference, will provide for the adoption of Codification 1/1/2001. The Department has met with domestic companies and reviewed Codification. Changes to the investment laws will be recommended. Person contacted: Kenneth McGuckin, Jackie Hughes Administrative Letter 1999-12 Pursuant to statute, all insurance entities shall be required to adhere to the guidance set forth in the NAIC’s AP&P Manual, version effective 1/1/2001, when preparing and filing the annual statements for year ended 12/31/2001, and also all quarterly statements filed in 2001. The Insurance Department believes that its existing statute provides for the adoption of Codification. Proposed Senate Bill 52 Amends various provisions of the law governing the accounting practices of insurers to require those sections to comply with the NAIC AP&P Manual. Areas amended include valuation of investments and other assets, unearned premium reserves, and holding companies, among others. Passed Senate on 1/20/2000. Passed House on 2/21/2000. WA WV Yes Yes Regulation § 284-07-050(2) “To enhance consistency in accounting treatment... NAIC AP&P Manuals... Insurers are not relieved from obligation to comply with specific requirements of Code or rules” Statute § 33-4-14 “ap&p’s prescribed by the NAIC AP&P Manual as amended” Person contacted: Doug Stolte House Bill 1149 As introduced, the Insurance Department’s bill would have required the adoption of the NAIC’s Codification by rule, except for statutes governing insurer investments and admitted assets. As amended, requires insurers to file financial statements in accordance with the ap&p manuals as adopted by the NAIC, unless otherwise provided by law. Law - Effective 7/25/99. Person contacted: John Woodall The Insurance Department plans to issue an Administrative Letter notifying companies that Codification will be adopted on 1/1/2001, as required by current law. The Department is reviewing Codification, and plans to draft any needed statutory or regulatory changes in the summer of 2000, for introduction in 2001. Person contacted: Keith Huffman, Jeff VanGilder 13 WI Yes Regulation Ins 50.20(1)(b) “NAIC AP&P Manual” Due to wording of rule, the Insurance Department (“OCI”) does not believe further legislative or regulatory action is necessary to adopt Codification. OCI notified companies in its March 1999 quarterly bulletin that the existing rule “automatically adopts each year’s changes” to the NAIC manuals, and that domiciled companies should “plan to file their quarterly and annual statutory financial statements, beginning in 2001, under Codification.” OCI has compared Codification to existing statutory accounting and does not believe that any major inconsistencies exist. WY Yes Regulation WY ADC INS Ch. 47, s. 4 “NAIC AP&P Manual” Person contacted: Peter Medley The Insurance Department is currently reviewing Codification, and expects to propose any needed statutory changes to conform current law to the new manual Codification during the 2001 legislative session (2000 is a budget session only). Person contacted: Linda Johnson 14