Ins. Code Section 425.054
Actuarial Opinion of Reserves Issued Before Operative Date of Valuation Manual
(a)This section applies only to an actuarial opinion of reserves issued before the operative date of the valuation manual.
(a-1)For purposes of this section, “qualified actuary” means:
(1)a qualified actuary, as that term is defined by Section 802.002 (Actuarial Opinion Required); or
(2)a person who, before September 1, 1993, satisfied the requirements of the former State Board of Insurance to submit an opinion under former Section 2A(a)(1), Article 3.28.
(b)In conjunction with the annual statement and in addition to other information required by this subchapter, each life insurance company engaged in business in this state shall annually submit to the department the opinion of a qualified actuary as to whether the reserves and related actuarial items held in support of the policies and contracts specified by commissioner rule:
(1)are computed appropriately;
(2)are based on assumptions that satisfy contractual provisions;
(3)are consistent with prior reported amounts; and
(4)comply with applicable laws of this state.
(c)The commissioner by rule shall specify the requirements of an actuarial opinion under Subsection (b), including any matters considered necessary to the opinion’s scope.
(d)The opinion required by this section must:
(1)apply to all of the life insurance company’s business in force, including individual and group health insurance plans; and
(2)be in the form and contain the substance specified by commissioner rule and be acceptable to the commissioner.
(e)The commissioner may accept as an opinion required to be submitted under Subsection (b) by a foreign or alien company the opinion filed by that company with the insurance supervisory official of another state if the commissioner determines that the opinion filed in the other state reasonably meets the requirements applicable to a company domiciled in this state.
(f)Except as exempted by or as otherwise provided by commissioner rule, a life insurance company shall include in the opinion required by Subsection (b) an opinion that states whether the reserves and related actuarial items held in support of the policies and contracts specified by commissioner rule adequately provide for the company’s obligations under the policies and contracts, including the benefits under and expenses associated with the policies and contracts.
(g)In making the opinion under Subsection (f), the reserves and related actuarial items are considered in light of the assets held by the life insurance company with respect to the reserves and related actuarial items, including:
(1)the investment earnings on the assets; and
(2)the considerations anticipated to be received and retained under the policies and contracts.
(h)The person who certifies the opinion required by Subsection (b) must make the opinion required by Subsection (f).
(i)Rules adopted under this section may exempt life insurance companies that would be exempt from the requirements of this section under the most recently adopted regulation by the National Association of Insurance Commissioners entitled “Model Actuarial Opinion and Memorandum Regulation,” or a successor to that regulation, if the commissioner considers the exemption appropriate.
(j)Except as provided by Subsections (n), (o), and (p), any document or other information in the possession or control of the department that is a memorandum in support of the opinion or other material provided by the company to the commissioner in connection with a memorandum is confidential and privileged and not subject to:
(1)disclosure under Chapter 552 (Public Information), Government Code;
(4)admissibility as evidence in a private civil action.
(k)The commissioner or any person who receives a document or other information described by Subsection (j) while acting under the authority of the commissioner may not testify and may not be compelled to testify in a private civil action concerning the document or other information.
(l)The commissioner may:
(1)share documents or other information, including the confidential and privileged documents or information described by Subsection (j), with another state, federal, or international regulatory agency, with the National Association of Insurance Commissioners and its affiliates and subsidiaries, and with state, federal, and international law enforcement authorities, provided that the recipient agrees to maintain the confidentiality of the document or information; and
(2)receive documents or other information, including confidential and privileged documents or information, from the National Association of Insurance Commissioners and its affiliates and subsidiaries, and from regulatory and law enforcement officials of other foreign or domestic jurisdictions, provided that the commissioner shall maintain as confidential or privileged any document or information received with notice or understanding that it is confidential or privileged under the laws of the jurisdiction that is the source of the document or information.
(m)Disclosing information or providing a document to the commissioner under this section, or sharing information as authorized under this section, does not result in a waiver of any applicable privilege or claim of confidentiality that may apply to the document or information.
(n)A memorandum in support of the opinion, and any other material provided by the company to the commissioner in connection with the memorandum, may be subject to subpoena for the purpose of defending an action seeking damages from the actuary submitting the memorandum by reason of an action required by this section or rules adopted under this section.
(o)The memorandum or other material provided by the company to the commissioner in connection with the memorandum may otherwise be released by the commissioner with the written consent of the company, or to the Actuarial Board for Counseling and Discipline or its successor on receipt of a request stating that the memorandum or other material is required for the purpose of professional disciplinary proceedings and setting forth procedures satisfactory to the commissioner for preserving the confidentiality and privileged status of the memorandum or other material.
(p)The memorandum ceases to be confidential and privileged if:
(1)any portion of the memorandum is cited by the company in its marketing;
(2)the memorandum is cited by the company before a government agency other than a state insurance department; or
(3)the memorandum is released by the company to the news media.
(q)This section does not prohibit the commissioner from using information acquired under this section in the furtherance of a legal or regulatory action relating to the administration of this code.
Section 425.054 — Actuarial Opinion of Reserves Issued Before Operative Date of Valuation Manual,
https://statutes.capitol.texas.gov/Docs/IN/htm/IN.425.htm#425.054 (accessed Nov. 25, 2023).