S.D. Codified Laws § 58-26-44.1

Current through the 2024 Legislative Session
Section 58-26-44.1 - Definition of terms in sections 58-26-45 to 58-26-105

Terms used in §§ 58-26-45 to 58-26-105, inclusive, apply on or after the operative date of the valuation manual and mean:

(1) "Accident and health insurance," a contract that incorporates morbidity risk and provides protection against economic loss resulting from accident, sickness, or medical conditions and as may be specified in the valuation manual;
(2) "Appointed actuary," a qualified actuary who is appointed in accordance with the valuation manual to prepare the actuarial opinion required pursuant to § 58-26-55.1;
(3) "Company," an entity, which:
(a) Has written, issued, or reinsured life insurance contracts, accident and health insurance contracts, or deposit-type contracts in this state and has at least one policy in force or on claim; or
(b) Has written, issued, or reinsured life insurance contracts, accident and health insurance contracts, or deposit-type contracts in any state and is required to hold a certificate of authority to write life insurance, accident and health insurance, or deposit-type contracts in this state;
(4) "Deposit-type contract," a contract that does not incorporate mortality or morbidity risks and as may be specified in the valuation manual;
(5) "Life insurance," a contract that incorporates mortality risk, including annuity and pure endowment contracts, and as may be specified in the valuation manual;
(6) "NAIC," the National Association of Insurance Commissioners;
(7) "Policyholder behavior," any action a policyholder, contract holder, or any other person with the right to elect options, such as a certificate holder, may take under a policy or contract subject to this chapter including, lapse, withdrawal, transfer, deposit, premium payment, loan, annuitization, or benefit elections prescribed by the policy or contract but excluding events of mortality or morbidity that result in benefits prescribed in their essential aspects by the terms of the policy or contract;
(8) "Principle-based valuation," a reserve valuation that uses one or more methods or one or more assumptions determined by the insurer and is required to comply with §§ 58-26-98 to 58-26-100, inclusive, as specified in the valuation manual;
(9) "Qualified actuary," an individual who is qualified to sign the applicable statement of actuarial opinion in accordance with the American Academy of Actuaries qualification standards for actuaries signing such statements and who meets the requirements specified in the valuation manual;
(10) "Tail risk," a risk that occurs either where the frequency of low probability events is higher than expected under a normal probability distribution or where there are observed events of very significant size or magnitude;
(11) "Valuation manual," the manual of valuation instructions adopted by the NAIC as specified in this chapter and as approved by the director pursuant to rules promulgated pursuant to chapter 1-26.

SDCL 58-26-44.1

SL 2015, ch 254, § 1.
Added by S.L. 2015, ch. 254,s. 1, eff. 7/1/2015.