Ohio § 3903.723
Full text of Ohio Ohio Revised Code § 3903.723, with citation guidance and answers to common questions.
§ 3903.723.
(A) Using the mortality, morbidity, and interest rates as provided in divisions (B) to
(H) of this section and in sections 3903.724 , 3903.725 , and 3903.727 of the Revised Code , the minimum standard for the valuation of policies and contracts shall be derived
according to the commissioners reserve valuation methods defined in divisions (I)
to (L) and (O) of this section and section 3903.727 of the Revised Code for policies and contracts issued on or after January 1, 1989. (B) For ordinary life insurance policies, excluding disability and accidental death benefits,
issued on the standard basis on or after January 1, 1989, the minimum standard for
the valuation of policies and contracts shall be derived from the following: (1) The commissioners 1980 standard ordinary mortality table; (2) At the election of the company for any one or more specified plans of life insurance,
the commissioners 1980 standard ordinary mortality table with ten-year select mortality
factors; (3) Any ordinary mortality table, adopted after 1980 by the national association of insurance
commissioners, that is approved by rules adopted by the department of insurance for
use in determining the minimum standard of valuation for such policies. (C) For industrial life insurance policies, excluding disability and accidental death
benefits, issued on the standard basis on or after January 1, 1989, the minimum standard
for the valuation of policies shall be derived from the commissioners 1961 standard
industrial mortality table or any industrial mortality table adopted after 1980 by
the national association of insurance commissioners that is approved by rules adopted
by the superintendent for use in determining the minimum standard of valuation for
the policies. (D) For all individual annuity and pure endowment contracts, excluding disability and
accidental death benefits issued on or after January 1, 1989, the minimum standard
for the valuation of contracts shall be derived from both of the following: (1) The valuation interest rates as defined in section 3903.724 of the Revised Code ; (2) The 1971 individual annuity mortality table or any modification of that table approved
by the superintendent. The superintendent may approve the use of any individual annuity mortality table
adopted after 1980 by the national association of insurance commissioners, either
as adopted or as modified by the superintendent, for determining the minimum standard
for the valuation of such contracts. (E) For group annuity and pure endowment contracts, excluding disability and accidental
death benefits in the policies issued on or after January 1, 1989, the minimum standard
for the valuation of contracts shall be derived from both of the following: (1) The valuation interest rates as defined in section 3903.724 of the Revised Code ; (2) The 1971 group annuity mortality table, or any modification of that table approved
by the superintendent. The superintendent may approve the use of any group annuity mortality table adopted
after 1980 by the national association of insurance commissioners, either as adopted
or as modified by the superintendent, for determining the minimum standard for the
valuation of such contracts. (F) For total and permanent disability benefits in or supplementary to ordinary policies
and contracts issued: (1) On and after January 1, 1989, the minimum standard for the valuation of policies
and contracts shall be derived from the tables of period 2 disablement rates and the
1930 to 1950 termination rates of the 1952 disability study of the society of actuaries,
with due regard for the type of benefit or any other table of disablement rates and
termination rates adopted after 1980 by the national association of insurance commissioners
for use in determining the minimum standard for the valuation of those policies. Any such table shall, for active lives, be combined with a mortality table permitted
for calculating the reserves for life insurance policies. (2) The interest rate to be used in calculating minimum reserves for such benefits shall
not exceed the applicable rate specified in section 3903.724 of the Revised Code for ordinary life insurance policies. (G) For accidental death benefits in or supplementary to policies issued: (1) On and after January 1, 1989, the minimum standard for the valuation of policies
shall be derived from the 1959 accidental death benefits table or any accidental death
benefits table adopted after 1980 by the national association of insurance commissioners
for use in determining the minimum standard for the valuation of such accidental death
benefits that is approved in rules adopted by the superintendent. The table used shall be combined with a mortality table for calculating the reserves
for life insurance policies. (2) The interest rate to be used in calculating minimum reserves for such benefits shall
not exceed the applicable rate specified in section 3903.724 of the Revised Code for ordinary life insurance policies. (H) For group life insurance, life insurance issued on the substandard basis and all
other special benefits, such tables as may be approved by the superintendent. (I) Except as otherwise provided in divisions (L) and (O) of this section and in section 3903.727 of the Revised Code , reserves according to the commissioners reserve valuation method for the life insurance
and endowment benefits of policies providing for a uniform amount of insurance and
requiring the payment of uniform premiums shall be the excess, if any, of the present
value on the valuation date of the future guaranteed benefits over the then present
value of any future modified net premiums therefor. The modified net premiums for a policy shall be the uniform percentage of the respective
contract premiums for the benefits such that the present value, at the date of issue
of the policy, of all modified net premiums shall be equal to the sum of the then
present value of the benefits provided for by the policy and the excess of division
(I)(1) over division (I)(2) of this section, as follows: (1) A net level annual premium equal to the present value, at the date of issue, of such
benefits provided for after the first policy year, divided by the present value, at
the date of issue, of an annuity of one per annum payable on the first and each subsequent
anniversary of the policy on which a premium falls due. However, the net level annual premium shall not exceed the net level annual premium
on the nineteen-year premium whole life plan for insurance of the same amount at an
age one year higher than the age at issue of the policy. (2) A net one-year term premium for such benefits provided for in the first policy year. (J) This division defines the commissioners reserve valuation method for all life insurance
policies issued on or after January 1, 1989, that have a first year premium in excess
of the premium for the second policy year and for which excess no comparable benefit
is provided in the first year and that provide either an endowment benefit or cash
surrender value, or a combination, in an amount greater than the excess premium. The reserve according to the commissioners reserve valuation method as of any policy
anniversary occurring on or before the assumed ending date defined herein as the first
policy anniversary on which the sum of any endowment benefit and any cash surrender
value then available is greater than the excess premium shall, except as otherwise
provided in division (O) of this section, be the greater of either of the following: (1) The reserve as of the policy anniversary, with the policy anniversary being calculated
as described in division (I) of this section; (2) The reserve as of the policy anniversary calculated as described in division (I)
of this section, but with: (a) The value defined in division (I)(1) of this section being reduced by fifteen per
cent of the amount of such excess first-year premium; (b) All present values of benefits and premiums being determined without reference to
premiums and benefits provided for by the policy after the assumed ending date; (c) The policy being assumed to mature on the assumed ending date as an endowment; (d) The cash surrender value provided on the assumed ending date being considered as
an endowment benefit. In making the above comparison, the mortality and interest bases stated in this section
and in section 3903.724 of the Revised Code shall be used. (K) Reserves according to the commissioners reserve valuation method shall be calculated
by a method consistent with the principles of divisions (I) and (J) of this section
for: (1) Life insurance policies providing for a varying amount of life insurance or requiring
payment of varying premiums; (2) Group annuity and pure endowment contracts purchased under a retirement plan or plan
of deferred compensation, established or maintained by an employer, including a partnership
or sole proprietorship, or by an employee organization, or by both, other than a plan
providing individual retirement accounts or individual retirement annuities under section 408 of the Internal Revenue Code of 1954 , as amended; (3) Disability and accidental death benefits in all policies and contracts; (4) All other benefits, except life insurance and endowment benefits in life insurance
policies and benefits provided by all other annuity and pure endowment contracts. (L)(1) This division defines the commissioners annuity reserve valuation method for all
annuity and pure endowment contracts other than group annuity and pure endowment contracts
purchased under a retirement plan or plan of deferred compensation, established or
maintained by an employer, including a partnership or sole proprietorship, or by an
employee organization, or by both, other than a plan providing individual retirement
accounts or individual retirement annuities under section 408 of the Internal Revenue Code of 1954 , as amended. (2) Reserves for benefits under such contracts, excluding disability and accidental death
benefits, shall be the greatest of the respective excesses of the present values,
at the date of valuation, of the future guaranteed benefits, including guaranteed
nonforfeiture benefits, provided for by such contract at the end of each respective
contract year, over the present value, at the date of valuation, of any future valuation
considerations derived from future gross considerations required by the terms of the
contract that become payable prior to the end of each such respective contract year. The future guaranteed benefits shall be determined by using the mortality table,
if any, and the interest rate, or rates, specified in such contracts for determining
guaranteed benefits. The valuation considerations are the portions of the respective gross considerations
applied under the terms of such contracts to determine nonforfeiture values. (M)(1) In no event shall a company's aggregate reserves for all life insurance policies,
excluding disability and accidental death benefits issued on or after January 1, 1989,
be less than the aggregate reserves calculated in accordance with the method set forth
in divisions (I), (J), (K), (L), (O), and (P) of this section and the mortality table
or tables and rate or rates of interest used in calculating nonforfeiture benefits
for such policies. (2) In no event shall the aggregate reserves for all policies, contracts, and benefits
be less than the aggregate reserves determined by the appointed actuary to be necessary
to render the opinion required by section 3903.722 of the Revised Code . (N)(1) Reserves for policies and contracts issued prior to January 1, 1989, may be calculated,
at the option of the company, according to any standards that produce greater aggregate
reserves for all such policies and contracts than the minimum reserves required by
the laws in effect immediately prior to that date. (2) Reserves for any category of policies, contracts, or benefits as established by the
superintendent, issued on or after January 1, 1989, may be calculated, at the option
of the company, according to any standards that produce aggregate reserves for such
category greater than those calculated according to the minimum standards provided
in this section, but the rate or rates of interest used for policies and contracts,
other than annuity and pure endowment contracts, shall not be higher than the corresponding
rate or rates of interest used in calculating any nonforfeiture benefits provided
for in such standards. (3) A company, which adopts at any time a standard of valuation producing greater aggregate
reserves than those calculated according to the minimum standard provided under sections 3903.72 to 3903.7211 of the Revised Code , may adopt a lower standard of valuation with the approval of the superintendent,
but not lower than the minimum provided in these sections. However, for the purposes of this division, the holding of additional reserves previously
determined by the appointed actuary to be necessary to render the opinion required
by sections 3903.722 and 3903.726 of the Revised Code shall not be considered to be the adoption of a higher standard of valuation. (O) If in any contract year the gross premium charged by a company on a policy or contract
is less than the valuation net premium calculated by the method used in calculating
the reserve for a policy or contract but using the minimum valuation standards of
mortality and rate of interest, the minimum reserve required for such policy or contract
shall be the greater of either the reserve calculated according to the mortality table,
rate of interest, and method actually used for such policy or contract, or the reserve
calculated by such method but using the minimum valuation standards of mortality and
rate of interest and replacing the valuation net premium by the actual gross premium
in each contract year for which the valuation net premium exceeds the actual gross
premium. The minimum valuation standards of mortality and rate of interest referred to in
this division are those required by divisions (A) to (H) of this section and section 3903.724 of the Revised Code . For a life insurance policy issued on or after January 1, 1987, for which the gross
premium in the first policy year exceeds that of the second year and for which no
comparable additional benefit is provided in the first year for the excess and that
provides an endowment benefit or a cash surrender value or a combination in an amount
greater than the excess premium, the provisions of this division shall be applied
as if the method used in calculating the reserve for such policy were the method defined
in division (I) of this section. The minimum reserve for such policy, at each policy anniversary, shall be the greater
of the minimum reserve calculated in accordance with division (J) of this section
and in accordance with this division. (P) In the case of a plan of life insurance that provides for future premium determination,
the amounts of which are to be determined by the insurance company based on then estimates
of future experience, or in the case of a life insurance or annuity that is of such
a nature that the minimum reserves cannot be determined by the methods described in
divisions (I), (J), (K), (L), and (O) of this section, the reserves to be held under
the plan shall be appropriate in relation to the benefits and the pattern of premiums
for that plan and shall be computed by a method that is consistent with the principles
of this section as determined by rules adopted by the superintendent. (Q) The superintendent shall adopt rules specifying minimum reserve standards for the
valuation of individual and group health plans.
Frequently Asked Questions About Ohio § 3903.723
What does Ohio Revised Code § 3903.723 cover?
Section 3903.723 is part of the Ohio Revised Code, the codified statutory law of Ohio. It sets out the legal rule or procedure described in the text above. Statutes are amended regularly, so always verify against the official source.
How do I cite Ohio § 3903.723?
A common citation format is "Ohio Revised Code § 3903.723" (Ohio). Legal writing may require the code abbreviation, section number, and year or edition. Match the style required by your court, professor, or publisher.
Is this the official text of Ohio law?
No. This page is for research and education and may not include the most recent amendments. For official current law, check the Ohio official source linked on this page or consult a licensed Ohio attorney.
How does Ohio § 3903.723 apply to my situation?
Statutes are interpreted in context, and application depends on your specific facts. Only a licensed attorney in Ohio can advise on how this section applies to you. Contact your state or local bar association for a referral.
Sources & Verification
Not legal advice. Verify against the official source and consult a licensed attorney in Ohio.