Chapter 34: Discontinuance Flashcards
Overriding principle in determining discontinuance terms:
make sure they are fair to:
- the policyholder or scheme member
- other policyholders and scheme members
- the provider of the benefits
4 Factors for the insurer to consider in relation to discontinuance are:
- contracts for which to offer discontinuance terms (as determined by market practice, regulation or complexity in calculating terms)
- form of discontinuance terms offered (eg lump sum or paid-up value)
- how it goes about setting discontinuance terms
- practical considerations relating to the discontinuance benefits
In setting discontinuance benefits, a life insurer must take account of (7)
- the asset share of a policy (insurer’s perspective)
- policyholders’ reasonable expectations (p/h views)
- new business disclosure (lead the views of the p/h)
- competitive considerations (drive insurer to increase p/h expectations)
- the ease of calculation of the discontinuance benefits
- frequency of change of discontinuance terms
- the cost of implementing the discontinuance terms (subject to frequency of change)
2 Reasons insurance companies rarely become insolvent
- a regulator typically regularly monitors the financial position of insurance companies
- insurance company regulation typically requires companies to hold a minimum level of solvency capital
If the insurer’s financial position is serious, then the regulator may require the company to (2)
- close to new business,
- or establish a recovery plan
Issues that need to be addressed and modelled w.r.t. future solvency position:
- estimation of future profits available to equity shareholders, net of tax
- the current value of all surplus assets
- the amount, and timing, of any loan or debt redemption
- outstanding financial obligations, minority interests, tax
- considerations relating to staff benefit schemes - particularly if schemes are in deficit
- problems of staff relationships (and redundancies)
If there is an acquiring company prepared to take over the business, it is necessary to consider (4)
- the location of the operation
- the integration of the systems platform
- relocation of staff or whether there is an adequate labour force available
- the effect on unit costs
A benefit scheme may cease due to (2)
- the insolvency of the sponsor
- a decision by the sponsor to stop financing benefit provision
If a scheme ceases, the level of benefits that will be paid will be affected by (3)
- the rights of the beneficiaries
- the expectations of the beneficiaries
- the level of assets
Procedures if - at time of discontinuance - the scheme is under-funded
- Consideration the priority of the different groups of members of the scheme in receiving benefits (current pensioners)
- This may be dictated by legislation or scheme rules.
- An allowance should be made for the expenses involved in determining the benefit allocations.
Procedures if - at time of discontinuance - the scheme is over-funded
The surplus may pass back to the employer, or be used to improve the benefits of the scheme members.
Consideration must be given to ensuring that members’ basic rights are met before seeking to improve the benefits.
If a benefit scheme is being discontinued, the following options may exist for the provision of the outstanding benefit payments (5)
- continuation of the scheme without any further accrual of benefits
- transfer of the liabilities to another scheme with the same sponsor
- transfer of the funds to the beneficiary to extinguish the liability.
- transfer the funds to an insurance company to invest and provide a benefit
- transfer the liabilities to a provider, eg insurer or central discontinuance fund who will guarantee to pay a specified level of benefits.
4 possible definitions of “discontinuance”
- individual policyholders terminating an insurance contract
- individual members ceasing to accrue benefits in a benefit scheme
- an insurance company becoming insolvent
- a benefit scheme winding-up
In a life insurance contract, discontinuance may mean (3)
- surrender
- lapse
- paid-up
Surrender
The policy stops, there is no further cover and the policyholder receives a lump sum payment (the surrender value)