836-051-0590 Annual Certifications (1) The board of directors of each insurer shall appoint one or more illustration actuaries. (2) The illustration actuary shall certify that the disciplined current scale used in illustrations is in conformity with the Actuarial Standard of Practice for Compliance with the NAIC Model Regulation on Life Insurance Illustrations promulgated by the Actuarial Standards Board, and that the illustrated scales used in insurer-authorized illustrations meet the requirements of OAR 836-051-0500 to 836-051-0600. (3) The illustration actuary shall: (a) Be a member in good standing of the American Academy of Actuaries; (b) Be familiar with the standard of practice regarding life insurance policy illustrations; (c) Not have been found by the Director, following appropriate notice and hearing to have: (A) Violated any provision of, or any obligation imposed by, the Insurance Law or other law in the course of the actuary's dealings as an illustration actuary; (B) Been found guilty of fraudulent or dishonest practices; (C) Demonstrated the actuary's incompetence, lack of cooperation or untrustworthiness to act as an illustration actuary; or (D) Resigned or been removed as an illustration actuary within the past five years as a result of acts or omissions indicated in any adverse report on examination or as a result of a failure to adhere to generally acceptable actuarial standards. (d) Not fail to notify the Director of any action taken by a commissioner of another state similar to that under subsection (c) of this section (3); (e) Disclose in the annual certification whether, since the last certification, a currently payable scale applicable for business issued within the previous five years and within the scope of the certification has been reduced for reasons other than changes in the experience factors underlying the disciplined current scale. If nonguaranteed elements illustrated for new policies are not consistent with those illustrated for similar in force policies, this must be disclosed in the annual certification. If nonguaranteed elements illustrated for both new and in force policies are not consistent with the nonguaranteed elements actually being paid, charged or credited to the same or similar forms, this must be disclosed in the annual certification; and (f) Disclose in the annual certification the method used to allocate overhead expenses for all illustrations: (A) Fully allocated expenses; (B) Marginal expenses; or (C) A generally recognized expense table based on fully allocated expenses representing a significant portion of insurance companies and approved by the Director. (4)(a) The illustration actuary shall file a certification with the board and with the Director: (A) Annually for all policy forms for which illustrations are used; and (B) Before a new policy form is illustrated. (b) If an error in a previous certification is discovered, the illustration actuary shall notify the board of directors of the insurer and the director promptly. (5) If an illustration actuary is unable to certify the scale for any policy form illustration the insurer intends to use, the actuary shall notify the board of directors of the insurer and the Director promptly of the actuary's inability to certify. (6) A responsible officer of the insurer, other than the illustration actuary, shall certify annually: (a) That the illustration formats meet the requirements of OAR 836-051-0500 to 836-051-0600 and that the scales used in insurer-authorized illustrations are those scales certified by the illustration actuary; and (b) That the insurer has provided its insurance producers with information about the expense allocation method used by the insurer in its illustrations and disclosed as required in section (3)(f) of this rule. (7) The annual certification shall be provided to the Director each year by a date determined by the insurer. If the insurer decides to change the date for a subsequent year, the insurer must so notify the Director prior to the insurer's current elected date and include with the notification an explanation for the change. The first annual certification by an insurer is due on the date elected by the insurer during the calendar year beginning January 1, 1998. (8) If an insurer changes the illustration actuary responsible for all or a portion of the insurer's policy forms, the insurer shall notify the Director of that fact promptly and disclose the reason for the change. Statutory/Other Authority: ORS 731.244 & 746.240 Statutes/Other Implemented: ORS 746.075, 746.085, 746.100, 746.110 & 746.240 History: ID 8-2005, f. 5-18-05, cert. ef. 8-1-05 ID 5-1997, f. 5-27-97, cert. ef. 7-1-97