Okla. Stat. tit. 36, § 36-5124
This is the official text of Okla. Stat. tit. 36, § 36-5124, part of Oklahoma’s Stat. tit. 36, — part of the compiled statutory law of Oklahoma, published by the state as "Stat. tit. 36,." Browse the sections below, each linked to its official government source.
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Rules and regulations
Official statutory text
A. The Insurance Commissioner may promulgate and adopt rules
and regulations implementing the provisions of the Credit for
Reinsurance Act.
B. The Insurance Commissioner is further authorized to adopt
rules and regulations applicable to reinsurance arrangements
described in paragraph 1 of this subsection.
1. A regulation adopted pursuant to this subsection may apply
only to reinsurance relating to:
a. life insurance policies with guaranteed nonlevel gross
premiums or guaranteed nonlevel benefits,
b. universal life insurance policies with provisions
resulting in the ability of a policyholder to keep a
policy in force over a secondary guarantee period,
c. variable annuities with guaranteed death or living
benefits,
d. long-term care insurance policies, or
e. such other life and health insurance and annuity
products as to which the National Association of
Insurance Commissioners (NAIC) adopts model regulatory
requirements with respect to credit for reinsurance.
2. A regulation adopted pursuant to this subsection which is
applicable to policies listed in subparagraph a or b of paragraph 1
of this subsection may apply to any treaty containing:
a. policies issued on or after January 1, 2015, and
b. policies issued prior to January 1, 2015, if risk
pertaining to such pre-2015 policies is ceded in
connection with the treaty, in whole or in part, on or
after January 1, 2015, unless the NAIC Accounting
Practices and Procedures Manual in effect as of
December 31, 2015, excluded such pre-2015 policies
from the requirements concerning the amounts and forms
Oklahoma Statutes - Title 36. Insurance Page 1053
of security supporting reinsurance arrangements that
would otherwise be applicable to such policies.
3. A regulation adopted pursuant to this subsection may require
the ceding insurer, in calculating the amounts or forms of security
required to be held under regulations promulgated under this
authority, to use the Valuation Manual adopted by the NAIC under
Section 11B (1) of the NAIC Standard Valuation Law including all
amendments adopted by the NAIC and in effect on the date as of which
the calculation is made, to the extent applicable.
4. A regulation adopted pursuant to this subsection shall not
apply to cessions to an assuming insurer that:
a. meets the conditions set forth in subsection G of
Section 5122 of this title,
b. is certified in this state, or
c. maintains at least Two Hundred Fifty Million Dollars
($250,000,000.00) in capital and surplus when
determined in accordance with the NAIC Accounting
Practices and Procedures Manual including all
amendments thereto adopted by the NAIC, excluding the
impact of any permitted or prescribed practices, and
is:
(1) licensed in at least twenty-six states, or
(2) licensed in at least ten states, and licensed or
accredited in a total of at least thirty-five
states.
5. The authority to adopt regulations pursuant to this
subsection does not limit the Commissioner's general authority to
adopt regulations pursuant to subsection A of this section.
and regulations implementing the provisions of the Credit for
Reinsurance Act.
B. The Insurance Commissioner is further authorized to adopt
rules and regulations applicable to reinsurance arrangements
described in paragraph 1 of this subsection.
1. A regulation adopted pursuant to this subsection may apply
only to reinsurance relating to:
a. life insurance policies with guaranteed nonlevel gross
premiums or guaranteed nonlevel benefits,
b. universal life insurance policies with provisions
resulting in the ability of a policyholder to keep a
policy in force over a secondary guarantee period,
c. variable annuities with guaranteed death or living
benefits,
d. long-term care insurance policies, or
e. such other life and health insurance and annuity
products as to which the National Association of
Insurance Commissioners (NAIC) adopts model regulatory
requirements with respect to credit for reinsurance.
2. A regulation adopted pursuant to this subsection which is
applicable to policies listed in subparagraph a or b of paragraph 1
of this subsection may apply to any treaty containing:
a. policies issued on or after January 1, 2015, and
b. policies issued prior to January 1, 2015, if risk
pertaining to such pre-2015 policies is ceded in
connection with the treaty, in whole or in part, on or
after January 1, 2015, unless the NAIC Accounting
Practices and Procedures Manual in effect as of
December 31, 2015, excluded such pre-2015 policies
from the requirements concerning the amounts and forms
Oklahoma Statutes - Title 36. Insurance Page 1053
of security supporting reinsurance arrangements that
would otherwise be applicable to such policies.
3. A regulation adopted pursuant to this subsection may require
the ceding insurer, in calculating the amounts or forms of security
required to be held under regulations promulgated under this
authority, to use the Valuation Manual adopted by the NAIC under
Section 11B (1) of the NAIC Standard Valuation Law including all
amendments adopted by the NAIC and in effect on the date as of which
the calculation is made, to the extent applicable.
4. A regulation adopted pursuant to this subsection shall not
apply to cessions to an assuming insurer that:
a. meets the conditions set forth in subsection G of
Section 5122 of this title,
b. is certified in this state, or
c. maintains at least Two Hundred Fifty Million Dollars
($250,000,000.00) in capital and surplus when
determined in accordance with the NAIC Accounting
Practices and Procedures Manual including all
amendments thereto adopted by the NAIC, excluding the
impact of any permitted or prescribed practices, and
is:
(1) licensed in at least twenty-six states, or
(2) licensed in at least ten states, and licensed or
accredited in a total of at least thirty-five
states.
5. The authority to adopt regulations pursuant to this
subsection does not limit the Commissioner's general authority to
adopt regulations pursuant to subsection A of this section.
Status: in_force · Read it on the official government site
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