Brief (1)
HB 2652, as amended, concerns hedging transactions by life insurance companies, and particularly to those related to annuities. The bill exempts from the maximum amount the company may invest for hedging purposes, investments used only to hedge the "credit basis amount" an insured receives on a particular insurance policy which is determined by an "underlying index." Currently, the limitation is 110 percent of the company's capital and surplus and 3 percent of the company's admitted assets.
The bill defines "crediting basis amount" as the amount of interest credited to an insured's account value for the percentage of change on an underlying index. "Underlying index" is defined as the index, market, or financial futures contract used to determine the crediting basis amount.
The House Committee amendments impose an aggregate limit on these investments of 10 percent of the company's admitted assets, and requires the investments to be made with a business entity (counterparty) that has a rating designated as "1" by the National Association of Insurance Commissioners (NAIC), or its equivalent rating by a nationally recognized statistical rating organization recognized by the Securities Valuation Office of the NAIC.
Background
HB 2652 was requested by American Investors Life Insurance Company, a Kansas domestic life insurance company involved exclusively in fixed annuities. The Company's representative explained that equity indexed annuities are becoming a growing product in the marketplace. Current limitations on investments for hedging purposes do not provide room for these new products. Removing the restrictions on only these products, while maintaining them on all other hedging transactions, will allow life insurance companies the ability to make sound investments in order to credit policyholders' amounts due on these equity indexed annuities.
The Insurance Commissioner supported the bill as amended, noting the exemption coupled with the overall 10 percent limitation, protects the solvency of Kansas insurance companies. The measure also was supported by the Kansas Life Insurance Association.
1. *Supplemental notes are prepared by the Legislative Research Department and do not express legislative intent. The supplemental note and fiscal note for this bill may be accessed on the Internet at http://www.ink.org/public/legislative/bill_search.html