<?xml version='1.0' encoding='utf-8'?>
<regulation prefix="Regulation" num=".11" citation="COMAR 31.09.09.11" title_num="31" subtitle_num="09" chapter_num="09" heading="Annual Certifications.">
  <paragraph num="A.">
    <text>The board of directors of each insurer shall appoint one or more illustration actuaries.</text>
  </paragraph>
  <paragraph num="B.">
    <text>The illustration actuary shall certify that the disciplined current scale used in illustrations is in conformity with the Actuarial Standard of Practice No. 24 Compliance with the NAIC Life Insurance Illustrations Model Regulations, promulgated by the Actuarial Standards Board, and that the illustrated scales used in insurer-authorized illustrations meet the requirements of this chapter.</text>
  </paragraph>
  <paragraph num="C.">
    <text>The illustration actuary:</text>
    <paragraph num="(1)">
      <text>Shall be a member in good standing of the American Academy of Actuaries;</text>
    </paragraph>
    <paragraph num="(2)">
      <text>Shall be familiar with the standard of practice regarding life insurance policy illustrations;</text>
    </paragraph>
    <paragraph num="(3)">
      <text>May not have been found by the Commissioner, following appropriate notice and hearing to have:</text>
      <paragraph num="(a)">
        <text>Violated any provision of, or any obligation imposed by, the insurance law, or other law, in the course of dealings as an illustration actuary,</text>
      </paragraph>
      <paragraph num="(b)">
        <text>Been found guilty of fraudulent or dishonest practices,</text>
      </paragraph>
      <paragraph num="(c)">
        <text>Demonstrated incompetence, lack of cooperation, or untrustworthiness to act as an illustration actuary, or</text>
      </paragraph>
      <paragraph num="(d)">
        <text>Resigned or been removed as an illustration actuary within the past 5 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;</text>
      </paragraph>
    </paragraph>
    <paragraph num="(4)">
      <text>May not fail to notify the Commissioner of any action taken by a commissioner of another state similar to that under §C(3) of this regulation;</text>
    </paragraph>
    <paragraph num="(5)">
      <text>Shall disclose in the annual certification whether, since the last certification, a currently payable scale applicable for business issued within the previous 5 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; and</text>
    </paragraph>
    <paragraph num="(6)">
      <text>Shall disclose in the annual certification one of the following methods used to allocate overhead expenses for all illustrations:</text>
      <paragraph num="(a)">
        <text>Fully allocated expenses,</text>
      </paragraph>
      <paragraph num="(b)">
        <text>Marginal expenses, or</text>
      </paragraph>
      <paragraph num="(c)">
        <text>A generally recognized expense table based on fully allocated expenses representing a significant portion of insurance companies and approved by the Commissioner.</text>
      </paragraph>
    </paragraph>
  </paragraph>
  <paragraph num="D.">
    <text>Filing of Certification.</text>
    <paragraph num="(1)">
      <text>The illustration actuary shall file a certification with the board of directors of the insured and with the Commissioner as follows:</text>
      <paragraph num="(a)">
        <text>Annually for all policy forms for which illustrations are used; and</text>
      </paragraph>
      <paragraph num="(b)">
        <text>Before a new policy form is illustrated.</text>
      </paragraph>
    </paragraph>
    <paragraph num="(2)">
      <text>If an error in a previous certification is discovered, the illustration actuary shall notify the board of directors of the insurer and the Commissioner promptly.</text>
    </paragraph>
  </paragraph>
  <paragraph num="E.">
    <text>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 Commissioner promptly of this inability to certify.</text>
  </paragraph>
  <paragraph num="F.">
    <text>A responsible officer of the insurer, other than the illustration actuary, shall certify annually that the:</text>
    <paragraph num="(1)">
      <text>Illustration formats meet the requirements of this chapter and that the scales used in insurer-authorized illustrations are those scales certified by the illustration actuary; and</text>
    </paragraph>
    <paragraph num="(2)">
      <text>Company has provided its agents with information about the expense allocation method used by the company in its illustrations and disclosed as required in §C(6) of this regulation.</text>
    </paragraph>
  </paragraph>
  <paragraph num="G.">
    <text>The annual certifications shall be provided to the Commissioner before  each year by a date determined by the insurer.</text>
  </paragraph>
  <paragraph num="H.">
    <text>If an insurer changes the illustration actuary responsible for all or a portion of the company's policy forms, the insurer shall notify the Commissioner of that fact promptly and disclose the reason for the change.</text>
  </paragraph>
  <paragraph num="I.">
    <text>The following shall be disclosed in the annual certification:</text>
    <paragraph num="(1)">
      <text>If nonguaranteed elements illustrated for new policies are not consistent with those illustrated for similar in force policies; and</text>
    </paragraph>
    <paragraph num="(2)">
      <text>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.</text>
    </paragraph>
  </paragraph>
</regulation>