(a) At the election of the company for any one or more specified plans of life insurance, the minimum mortality standard for basic reserves may be calculated using the 1980 CSO valuation tables with select mortality factors (or any other valuation mortality table adopted by the NAIC after the effective date of this subchapter and promulgated by regulation by the commissioner for this purpose). If select mortality factors are elected, they may be:
  (1) the ten-year select mortality factors incorporated in Insurance Code Chapter 425, Subchapter B, concerning Standard Valuation Law;
  (2) the select mortality factors adopted in §4.2822 of this title (relating to Adoption of Tables of Select Mortality Factors); or
  (3) any other table of select mortality factors adopted by the NAIC after the effective date of this regulation and promulgated by regulation by the commissioner for the purpose of calculating basic reserves.
(b) Deficiency reserves, if any, are calculated for each policy as the excess, if greater than zero, of the quantity A over the basic reserve. The quantity A is obtained by recalculating the basic reserve for the policy using guaranteed gross premiums instead of net premiums when the guaranteed gross premiums are less than the corresponding net premiums. At the election of the company for any one or more specified plans of insurance, the quantity A and the corresponding net premiums used in the determination of quantity A may be based upon the 1980 CSO valuation tables with select mortality factors (or any other valuation mortality table adopted by the NAIC after the effective date of this regulation and promulgated by regulation by the commissioner). If select mortality factors are elected, they may be:
  (1) the ten-year select mortality factors in Insurance Code Chapter 425, Subchapter B;
  (2) the select mortality factors adopted in §4.2822 of this title;
  (3) for durations in the first segment, X percent of the select mortality factors adopted in §4.2822 of this title, subject to the following:
    (A) X may vary by policy year, policy form, underwriting classification, issue age, or any other policy factor expected to affect mortality experience;
    (B) X is such that, when using the valuation interest rate used for basic reserves, clause (i) of this subparagraph is greater than or equal to clause (ii) of this subparagraph:
      (i) the actuarial present value of future death benefits, calculated using the mortality rates resulting from the application of X;
      (ii) the actuarial present value of future death benefits calculated using anticipated mortality experience without recognition of mortality improvement beyond the valuation date;
    (C) X is such that the mortality rates resulting from the application of X are at least as great as the anticipated mortality experience, without recognition of mortality improvement beyond the valuation date, in each of the first five years after the valuation date;
    (D) the appointed actuary must increase X at any valuation date where it is necessary to continue to meet all the requirements of paragraph (3) of this subsection;
    (E) the appointed actuary may decrease X at any valuation date as long as X continues to meet all the requirements of paragraph (3) of this subsection; and
    (F) the appointed actuary must specifically take into account the adverse effect on expected mortality and lapsation of any anticipated or actual increase in gross premiums.
    (G) If X is less than 100% at any duration for any policy, the following requirements must be met:
      (i) the appointed actuary must annually prepare an actuarial opinion and memorandum for the company in conformance with the requirements of §4.2807 of this title (relating to Description of Actuarial Memorandum Including an Asset Adequacy Analysis and Regulatory Asset Adequacy Issues Summary);
      (ii) in the regulatory asset adequacy issues summary prescribed under §4.2807 of this title, the appointed actuary must disclose the impact of the insufficiency of assets to support the payment of benefits and expenses and the establishment of statutory reserves during one or more interim periods; and
      (iii) the appointed actuary must annually opine for all policies subject to this regulation as to whether the mortality rates resulting from the application of X meet the requirements of paragraph (3) of this subsection. This opinion must be supported by an actuarial report, subject to appropriate Actuarial Standards of Practice promulgated by the Actuarial Standards Board of the American Academy of Actuaries. The X factors must reflect anticipated future mortality, without recognition of mortality improvement beyond the valuation date, taking into account relevant emerging experience; or
  (4) any other table of select mortality factors adopted by the NAIC after the effective date of this regulation and promulgated by regulation by the commissioner for the purpose of calculating deficiency reserves.
(c) This subsection applies to both basic reserves and deficiency reserves. Any set of select mortality factors may be used only for the first segment. However, if the first segment is less than ten years, the appropriate ten-year select mortality factors may be used thereafter through the tenth policy year from the date of issue.
(d) In determining basic reserves or deficiency reserves, guaranteed gross premiums without policy fees may be used where the calculation involves the guaranteed gross premium but only if the policy fee is a level dollar amount after the first policy year. In determining deficiency reserves, policy fees may be included in guaranteed gross premiums even if not included in the actual calculation of basic reserves.
(e) Reserves for policies that have changes to guaranteed gross premiums, guaranteed benefits, guaranteed charges, or guaranteed credits that are unilaterally made by the insurer after issue and that are effective for more than one year after the date of the change must be the greatest of the following:
  (1) reserves calculated ignoring the guarantee;
  (2) reserves assuming the guarantee was made at issue; and
  (3) reserves assuming that the policy was issued on the date of the guarantee.
(f) The commissioner may require that the company document the extent of the adequacy of reserves for specified blocks, including but not limited to policies issued before the effective date of this subchapter. This documentation may include a demonstration of the extent to which aggregation with other non-specified blocks of business is relied upon in the formation of the appointed actuary opinion pursuant to and consistent with the requirements of §4.2807 of this title.

Source Note: The provisions of this §4.2825 adopted to be effective January 1, 2000, 24 TexReg 9650; amended to be effective September 15, 2010, 35 TexReg 8372; transferred effective September 1, 2023, as published in the July 28, 2023, issue of the Texas Register, 48 TexReg 4127; amended to be effective January 24, 2024, 49 TexReg 250