F. No. IRDAI/Reg/10/122/2016.— In exercise of the powers conferred by clauses (g), (y), (z) and (za) of sub-section (2) of section 114A read with sections 13, 64V and 64 VA of the Insurance Act, 1938, (4 of 1938) and section 26 of the Insurance Regulatory and Development Authority Act, 1999 (41 of 1999), the Authority, in consultation with the Insurance Advisory Committee, hereby makes the following regulations, namely:-

1. Short title and commencement.-

(1) These regulations may be called the Insurance Regulatory and Development Authority of India (Actuarial Report and Abstract for Life Insurance Business) Regulations, 2016.

(2) These Regulations shall come into effect from 1^st April, 2016 and shall apply to all Insurers carrying on Life Insurance Business.

2. Definitions. --

(1)  In these regulations, unless the context otherwise requires ----

(a) "Act" means the Insurance Act, 1938 (4 of 1938);

(b) "Authority" means the Insurance Regulatory and Development Authority of India established under sub-section (1) of section 3 of the Insurance Regulatory and Development Authority Act, 1999 (41 of 1999);

(c) "annualised premium" means regular premium (excluding extra premiums which are required to be shown separately) payable by the policyholder to secure the basic benefits under the policy in a policy year;

(d) "extra premium" means a charge for any risk not provided for in the minimum contract premium;

(e) "group business" means those insurance contracts of the description known as a ‘group policy', where the number of persons covered by the policy is not less than fifty or such smaller number as may be approved by the Authority and a standard form of the policy has been certified in writing by the Authority to be a ‘group policy';

(f) "guarantees" means the terms in regard to benefits or premiums or charges, which may not be altered during the currency of the policy;

(g) "individual business" means individual insurance contracts issued on single/joint lives;

(h) "inter valuation period" means, as respects any valuation, the period to the valuation date of that valuation from the valuation date of the preceding valuation in connection with which an abstract was prepared under the Act or under the enactments repealed by the Act, or, in a case where no such valuation has been made in respect of the class of business in question, from the date on which the insurer began to carry on that class of business;

(i) "mathematical reserves" means the provision made by an insurer to cover liabilities (excluding liabilities which have fallen due and liabilities arising from deposit back arrangement in relation to any policy whereby an amount is deposited by re-insurer with the cedant) arising under or in connection with policies or contracts of life insurance business. Mathematical reserves also include specific provision for adverse deviations of the bases such as mortality and morbidity rates; interest rates and expense rates; and any explicit provision made in the valuation of liabilities in accordance with the regulations.

(j) "maturity date" means a fixed date on which benefit may become payable either absolutely or contingently;

(k) "non-par policies" or "policies without participation in profits" means policies which are not entitled for any share in surplus (profits) during the term of the policy;

(l) "options" means the rights available to a policyholder under a policy;

(m)  "par policies" or "policies with participation in profits" means polices which are not non-par policies as defined under sub-regulation (k);

(n) "policies with deferred participation in profits" means polices entitled for participation in profits after a certain period from the date of commencement of the policy,

(o) "premium term" means the period during which premiums are payable;

(p) "riders" or "rider benefits" means add-on benefits which are in addition to basic benefits under a policy;

(q) "sum at risk", in relation to a life or health insurance policy, means a sum which is-

i.  the amount payable, in any case in which an amount is payable in consequence of death or any other contingencies covered in a manner other than as in clause (ii) below , and

ii. the present value of the benefit, in any case in which the benefit under the policy in question consists of the making, in consequence of death or any other contingency, of the payments of annuity, payment of a sum by instalments or any other kind of periodic payments,

less in either case the mathematical reserves in respect of that policy.

(r) "valuation date" means as respects any valuation the date as at which the valuation is made;

(2)  All words and expressions used herein and not defined but defined in the Insurance Act, 1938(4 of 1938), or in the Insurance Regulatory and Development Authority Act, 1999 (41 of 1999), or in any Rules or Regulations made thereunder shall have the meanings respectively assigned to them in those Acts, Rules or Regulations.

3. Procedure for Preparation of Actuarial Report and Abstract. —

(1) The Abstracts and Statements must be so arranged that the number and letters of the paragraphs correspond with Regulation 4.

(2) The Abstracts and Statements shall be furnished to the Authority, within three months from the end of the period to which they refer to or within thirty days from the date of adoption of accounts by the Board, whichever is earlier.

(3) There shall be appended to every such Abstract and Statement –

(a) 1) Certificate signed by the Chief Executive Officer (CEO) that full and accurate particulars of every policy under which there is a liability, either actual or contingent, has been furnished to the appointed actuary for the investigation; however, exceptions if any, may be brought out along with action being taken to rectify the deficiency in the valuation data.

(b) Certificate signed by the Appointed Actuary with his remarks, if any, to the effect that:-

i.  The data furnished by the CEO has been included in conducting the valuation of liabilities for the purpose of the investigation.

ii.  He has complied with the provisions of the Act.

iii.  He has complied with the Actuarial Practice Standards issued by Institute of Actuaries of India with the concurrence of the Authority.

iv.  Reasonable steps have been taken to ensure the accuracy and completeness of data (if any data deficiency is observed this may be highlighted).

v. In his opinion, the mathematical reserves are adequate to meet insurer's future commitments under the contracts, and the policyholders' reasonable expectations.

4.  Requirements Applicable to Abstract and Statements.—

(1)  Abstracts and statements shall be prepared separately in respect of ---

(a)  Participating;

(b)  Non-Participating business

(2)  An insurer shall prepare the following statements which shall be annexed to the abstract prepared in accordance with these regulations, namely:-

A.  Detailed Statements

(a)  In respect of Participating Business:

i.  Form DD

ii.  Form DDD

iii.  Form NLB-1

iv.  Form NLB-2

v.  Form VIPNLB 1

vi.  Form VIPNLB 2

vii.  Form VIPLB 1

viii.  Form VIPLB 2

ix.  Form VIPLB 3

x.  Form ULB-1

xi.  Form ULB-2

xii.  Form ULB-3

xiii.  Form IA PAR

(b)  In respect of Non-Participating Business

i.  Form DD

ii.  Form DDD

iii.  Form NLB-1

iv.  Form NLB-2

v.  Form VIPNLB 1

vi.  Form VIPNLB 2

vii.  Form VIPLB 1

viii.  Form VIPLB 2

ix.  Form VIPLB 3

x.  Form ULB-1

xi.  Form ULB-2

xii.  Form ULB-3

xiii.  Form IA NPAR

B.  Summary statements:

(a)  Statement of Liabilities – Form H

(b)  Statement of Assets - Form AA

(c)  Valuation balance Sheet – Form I

(d)  Form KT1

(e)  Form KT2

(f)  Statement of Available Solvency Margin and Solvency Ratio -Form KT3

(g)  Composition and Distribution of Surplus – Form S

C.  Any forms as prescribed by the Authority from time to time

(3)  Each Abstract shall show-

(a)  The Valuation Date- The date on which valuation (investigation) is done;

(b)  Products- A list of all products/riders included in the valuation along with their respective UIN;

(c)  Foreign Operations-A brief description of the foreign operations of the insurer, during the inter-valuation period;

(d)  Valuation data - The Appointed Actuary shall comment on the steps taken to verify consistency, completeness and accuracy of data provided by the CEO.

(e)  Valuation Method.- A brief description of ----

(i)  the methods adopted in the determination of mathematical reserves in respect of insurance products;

(ii)  the method by which age at entry, premium term, maturity date, valuation age, period from the valuation date to the maturity date, have been treated for the purpose of valuation;

(iii)  the manner in which reinsurance has been taken into account in arriving at the valuation reserves net of reinsurance

(iv) the method of allowing for-

a)  incidence of premium income: and
b) premiums payable otherwise than annually;

(v)  valuation methodology for various options and guarantees:

a)  Provide the details of various options that are provided under various products included in investigation.

b)  Summarize the methods used to make suitable provisions for these options, wherever explicitly provided.

c)  Provide the details of various guarantees that are offered under various products included in investigation.

d)  Summarize the methods used to make provisions for these guarantees, wherever explicitly provided.

(f) Other Adjustments (Provisions), - The methods by which provisions, if any, have been made for the following matters, along with a statement of bases as part of Valuation bases, wherever necessary,-

(i) Policies in respect of which extra premiums have been charged on account of underwriting of under-average lives that are subject to extra risks such as occupation hazard, over-weight, under-weight, smoking history, health, climatic or geographical conditions;

(ii) Lapsed policies not included in the valuation but under which a liability exists or may arise;

(iii)  Options available under individual and group insurance policies

(iv)  Guarantees available to individual and group insurance policies

(v) The rates of exchange at which benefits in respect of policies issued in foreign currencies have been converted into Indian Rupees and what provision has been made for possible increase of mathematical reserves arising from future variations in rates of exchange;

(g) Valuation bases-Valuation parameters used in the valuation shall be furnished in the manner as specified in the table hereunder:-

Description	Mortality basis used	Morbidity basis used	Inflation rate	Interest Rate	Expenses	Lapse / Surrender, if any	Future bonuses, if any	Others please specify	Remarks
(1)	(2)	(3)	(4)	(5)	(6)	(7)	(8)	(9)	(10)
(a) Insurance Product:
i) Regular Premium
ii) Single premium and Fully paid up
iii) Reduced Paid up
(b) Insurance Product:
i) Regular Premium
ii) Single premium and fully paid up
iii) Reduced Paid up

Notes:

(i) Summarize the Margins for Adverse Deviations for these parameters.

(ii) Provide the basis for arriving at the valuation parameters along with experience, if any

(iii) Summarize and justify any material changes made to the assumptions during the inter-valuation period along with the impact.

(iv) Specify separately the expenses related to premiums, sum assured, annuity, etc., and per policy under Column (6) of the table;

(v) Specify items such as terminal bonus in respect of with profit contracts and management charges, unit growth rate, policy account growth rate etc. in respect of linked business under Column (9) of the table;

(vi) Include items related to Other Provisions, if any, as part of Column (9)

5. Negative Reserves and Guaranteed Surrender Value Deficiency Reserves-

A brief description of treatment adopted for negative reserves and guaranteed surrender value deficiency reserves shall be furnished.

6. Return on Assets:

The yield on investment will be the investment income as a percentage of the mean fund over the period, on assets attributable to blocks of business / segments etc. The value of the assets for this purpose shall be the adjusted values of assets using the asset valuation method prescribed in the regulations issued by the Authority on assets, liabilities and solvency margin of life insurance business. The mean fund would be assessed considering the amount and incidence of cash-flow to the fund.

7. Distribution of surplus. –

The basis adopted in the distribution of surplus as between the shareholders and the policyholders, and whether such distribution was determined by the instruments constituting the Insurer or by its regulations or by-laws or how otherwise shall be mentioned.

8. Principles adopted in distribution of profits.---

The general principles adopted in distribution of profits among policyholders, including statements on following points, shall be furnished:-

(1)  Whether the principles were determined by instruments constituting the insurer, or by its regulations or by-laws or how otherwise;

(2)  The number of years premium to be paid, period to elapse and other conditions to be fulfilled before a bonus is allotted;

(3) Whether the bonus is allocated in respect of each year's premium paid, or in respect of each calendar year or year of assurance or how otherwise; and

(4) Whether the bonus vests immediately on allocation, or, if not, conditions of vesting.

9. Statement of composition of surplus and distribution of surplus in respect of policyholders' funds.—

(1) A Statement of composition of surplus and distribution of surplus in respect of policyholders' funds, showing total amount of surplus as at the Balance sheet date and the allocation of such surplus, shall be furnished separately for participating business and for non-participating business, with the particulars as mentioned below:-

Composition of Surplus:

(a) Surplus emerging during the valuation year:

(b) Interim Bonuses paid during the inter-valuation period:;

(c) Terminal Bonuses paid during the inter-valuation period;

(d) Loyalty Additions or other forms of bonuses, if any, paid during the inter-valuation period;

(e) Sum transferred from shareholders' funds during the inter-valuation period;

(f) Amount of surplus, from policyholders' funds, brought forward from preceding valuation:

(g) Total Surplus (total of the items (a) to (f)):

Distribution of Surplus:

Policyholders' Fund:

(a) To Interim Bonuses paid;

(b) To Terminal Bonuses;

(c) To Loyalty Additions or any other forms of bonuses, if any;

(d) Among policyholders with immediate participation giving the number of polices which participated and the sums assured thereunder (excluding bonuses);

(e) Among policyholders with deferred participation, giving the number of polices which participated and the sums assured thereunder (excluding bonuses);

(f) To every reserve fund or other fund or account (any such sums passed through the accounts during the inter-valuation period to be separately stated);

(g)  As carried forward un-appropriated. Share-holders' fund:

(h)  To the shareholders' funds(any such sums passed through the accounts during the inter valuation period to be separately stated);
Totals:

(i) Total Surplus allocated: (total of the items (a) to (h))

(2) Specimen of Bonuses allotted to policies for one thousand rupees of benefit together with the amounts apportioned under the various manners in which the bonus is receivable, for each type of participating product, shall be furnished.

10.  Notes applicable to all Forms enclosed as annexures

(1) Each form mentioned under Sub-Regulation (2) of Regulations 4 shall have the following description:-

(a) Classification

(b) Type

(c) Category

(d) Division

(e) Sub-Class

(f) Group

(2) There shall be two Classifications, namely, Business Within India and Total Business (consisting of Business within India and Business outside India), with Classification Codes ‘BWI' and ‘BT' respectively

(3) There shall be two Types, namely, Participating and Non-Participating with codes ‘PAR' and ‘NPAR' respectively under each classification.

(4) There shall be four categories as under each Type namely,

(a)  Non-Linked (other than Variable Insurance Products)with Category Code ‘NL'

(b)  Unit-Linked (other than Variable Insurance Products)with Category Code ‘UL'

(c)  Non-Linked Variable Insurance Products with category code ‘VIP-NL'

(d)  Linked Variable Insurance Products with category code ‘VIP-L'

(5) There shall be two Divisions, namely, Individual Business and Group Business, with Division Codes ‘I' and ‘G' respectively under each Category.

(6) There shall be four Sub-Classes, namely, Life Business, Pension Business, General Annuity Business and Health Insurance Business with Sub-Class codes ‘L','P', ‘A', and ‘HL'

(7) There shall be two Groups, namely, Immediate Participation, Deferred Participation with Group Codes of ‘I-PAR' and 'D-PAR' respectively under the Sub Class – Life Business of Individual Division under Participating Type.

(8) There shall be two Groups, namely, Immediate Annuity and Deferred Annuity with Group Codes ‘IA' and ‘DA' under the Sub Class of General Annuity Business.

(9) There shall be two Groups, namely, Premiums Guaranteed for not more than one year and Premiums Guaranteed for more than one year with Group Codes of ‘NGP' and ‘GP' respectively under Sub Class of Life Business under the Division of Group Business under Non-Linked Category.

(10) There shall be two Groups, namely, With Guarantees and Without Guarantee with Group Codes of ‘WG' and ‘WOG' respectively under each of the categories Unit-Linked, Non-Linked Variable Insurance Products and Linked Variable Insurance Products.

(11)  "Nil" Statements shall be furnished for those forms where the insurer has no transactions.

(12)  All figures shall be furnished in thousands and all amounts shall be furnished in Indian Rupees.

(13)  In respect of Group Business, ‘the number of policies' in Forms, wherever applicable, shall be read as ‘number of schemes'.

11. Repeal and Savings

(1)  On and from the commencement of these regulations, the Insurance Regulatory and Development Authority (Actuarial Report and Abstract) Regulations, 2000 shall stand superseded.

(2)  However, in respect of anything done or omitted to be done prior to the commencement of these regulations, they shall continue to be governed by Insurance Regulatory and Development Authority (Actuarial Report and Abstract) Regulations, 2000.

12. Power of the Authority to issue clarifications etc.

In order to remove any doubts or the difficulties that may arise in the application or interpretation of any of the provisions of these regulations, the Chairperson of the Authority may issue appropriate clarifications or guidelines as deemed necessary.

T. S. VIJAYAN,

Chairman [ADVT. III /4/Exty/72/161]

[FORMS DD TO FORM S ARE NOT REPRODUCED HERE- PLEASE REFER TO ORIGINAL PUBLICTIONS]

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