ORS 733.331
Opinion of appointed actuary

  • liabilities of appointed actuary
  • rules

(1)

Intentionally left blank —Ed.

(a)

Every insurer that has outstanding accident and health insurance contracts, deposit-type contracts or life insurance contracts in this state and is subject to regulation by the Director of the Department of Consumer and Business Services shall annually submit to the director the opinion of an appointed actuary as to whether the reserves and related actuarial items the insurer holds in support of the policies and contracts are computed appropriately, are based on assumptions that satisfy contractual provisions, are consistent with prior reported amounts and comply with applicable laws of this state. The opinion must comply with the specific standards and scope set forth in the valuation manual and must:

(A)

Meet the specifications for form and substance set forth in the valuation manual and otherwise be acceptable to the director.

(B)

Accompany an annual statement that reflects the valuation of reserve liabilities for each year that ends on or after the operative date of the valuation manual.

(C)

Apply to all policies and contracts that are subject to subsection (2) of this section, plus other actuarial liabilities that the valuation manual may specify.

(D)

Be based on standards that the Actuarial Standards Board adopts, or that a successor to the Actuarial Standards Board adopts, and on any other additional standards that the valuation manual prescribes and that the director adopts by rule.

(b)

The director may accept an opinion that a foreign or alien insurer filed with the insurance supervisory official of another state as the opinion the foreign or alien insurer must submit under this section if the director determines that the opinion reasonably meets the requirements that apply to an insurer domiciled in this state.

(2)

Intentionally left blank —Ed.

(a)

Every insurer that has outstanding accident and health insurance contracts, deposit-type contracts or life insurance contracts in this state, that is subject to regulation by the director and that is not exempted in the valuation manual shall include in the opinion required under subsection (1) of this section an opinion of the same appointed actuary as to whether the reserves and related actuarial items the insurer holds in support of the policies and contracts specified in the valuation manual, when considered in light of the assets the insurer holds with respect to the reserves and related actuarial items, including but not limited to investment earnings on the assets and the considerations the insurer expects to receive and retain under the policies and contracts, provide adequately for the insurer’s obligations under the policies and contracts, including but not limited to the benefits under and expenses associated with the policies and contracts.

(b)

For each opinion that an insurer submits under paragraph (a) of this subsection, the insurer shall support the opinion with a memorandum that meets the specifications for form and substance set forth in the valuation manual and that is otherwise acceptable to the director. If the insurer fails to provide a supporting memorandum at the director’s request within a period specified in the valuation manual, or if the director determines that the supporting memorandum the insurer provides fails to meet the standards prescribed by the valuation manual or is otherwise unacceptable, the director may engage a qualified actuary at the insurer’s expense to review the opinion and the basis for the opinion and to prepare the supporting memorandum the director requires.

(3)

Except in cases of fraud or willful misconduct, the appointed actuary is not liable for damages to any person other than the insurer and the director for any act, error, omission, decision or conduct with respect to the appointed actuary’s opinion.

(4)

The director shall take any disciplinary action against an insurer or an appointed actuary in accordance with rules the director adopts. [2015 c.547 §13]

Source: Section 733.331 — Opinion of appointed actuary; liabilities of appointed actuary; rules, https://www.­oregonlegislature.­gov/bills_laws/ors/ors733.­html.

733.010
Assets allowed
733.020
Assets not allowed
733.030
Liabilities in general
733.040
Reinsurance credit
733.050
Increase of inadequate reserves
733.060
Unearned premium reserve
733.070
Unearned premium reserve for marine and transportation insurance trip risks
733.080
Reserves for health insurance
733.090
Unearned premium reserve and fund for title insurance
733.095
Unearned premium reserve for home protection insurance
733.100
Contingency reserve liability for mortgage insurance
733.115
Establishing reserves for variable life insurance and annuity policies
733.140
Disallowance of “wash” transactions
733.150
Alternative accounting for assets and liabilities
733.160
Valuation of assets other than securities
733.165
Valuation of securities
733.170
Accounts and records
733.210
Director’s determinations
733.220
Establishment and regulation of separate accounts to fund life insurance or annuities
733.230
Transactions of separate accounts registered with Securities and Exchange Commission
733.300
Short title
733.302
Reserve valuation method for life insurance policies and annuity and pure endowment contracts
733.304
Opinion of actuary
733.306
Computation of minimum standards for life insurance, industrial insurance, annuities and pure endowment contracts
733.308
Computation of minimum standard for annuities and pure endowment contracts
733.310
Interest rates for determining minimum standard for valuation
733.312
Amount of required reserves for life insurance policies
733.314
Amount of required reserves for certain annuity and pure endowment contracts
733.316
Aggregate reserves
733.318
Alternative standards of valuation
733.320
Minimum required reserve for certain policies
733.322
Calculation of reserves for plans for which minimum reserves cannot be determined under ORS 733.312, 733.314 or 733.320
733.325
Definitions
733.328
Annual valuation of reserve liabilities
733.331
Opinion of appointed actuary
733.334
Data submission in accordance with valuation manual
733.337
Confidentiality
733.340
Exemptions
733.510
Investments of insurers
733.520
Current operating requirements exempted
733.530
“Corporation,” “sovereign,” “political subdivision” defined
733.540
“Obligation” defined
733.550
“Amply secured obligation” defined
733.560
“Unencumbered” defined
733.570
“Improved real property” defined
733.575
Prohibited use of funds as compensating balances
733.578
Conditions necessary for investments used to provide compensating balances
733.580
Investment of required capitalization
733.590
Investment in obligations of sovereign, political subdivision thereof or corporation
733.600
Investment in mortgage loans
733.610
Investment in real property
733.620
Investment in stocks of corporation
733.630
Investment in securities or obligations of certain corporations
733.635
Approved activities of corporations in which investments authorized
733.640
Lending funds
733.650
Investment of funds in certain obligations and other specified items
733.652
Investment of funds of separate accounts
733.654
Limitation on amount of separate account investments
733.656
Limitation on securities owned or controlled by separate account investments
733.658
Applicability of separate account investment limitations
733.670
Investment of funds under “prudent investor” standard
733.680
Acquisition and retention of personal property generally
733.685
Investment of funds by home protection insurer
733.690
Investment of funds in title plant
733.695
Investment of funds in obligations that are not investment quality
733.700
Investment of funds in health care service facilities
733.710
Investments authorized by prior law
733.720
Investments subject to additional limitations and requirements
733.730
Approval by board of directors of investments and deposits
733.740
Record of investments required
733.750
Disposal of investments on order of director
733.760
Insurance required on buildings on property which is security for loan
733.770
Limitations on investments in property of any one person or single parcel of real estate
733.780
Prohibited investments
Green check means up to date. Up to date