INSPRU 1.3 With-profits insurance capital component

A realistic basis life firm means a firm to which GENPRU 2.1.18 R applies. The application of GENPRU 2.1.18 R is set out in GENPRU 2.1.19 R and GENPRU 2.1.20 R. GENPRU 2.1.13 R requires that a firm must maintain at all times capital resources equal to or in excess of its capital resources requirement. The enhanced capital requirement forms part of the capital resources requirement for a realistic basis life firm. The with-profits insurance capital component forms part of the enhanced capital requirement which a realistic basis life firm is required to calculate in accordance with GENPRU 2.1.38 R.

SUP 4 (Actuaries) sets out the role and responsibilities of the actuarial function and of the with-profits actuary.

1. (1)

   As part of his duties under SUP 4.3.13 R, the actuary appointed by the firm to perform the actuarial function must calculate the firm's mathematical reserves and, in the context of the calculation of the with-profits insurance capital component, must also:

   1. (a)

      advise the firm's governing body on the methods and assumptions to be used in the calculation of the firm's with-profits insurance capital component;

   2. (b)

      perform that calculation in accordance with the methods and assumptions determined by the firm's governing body; and

   3. (c)

      report to the firm's governing body on the results of that calculation.

2. (2)

   As part of his duties under SUP 4.3.16G, the with-profits actuary must advise the firm's governing body on the discretion exercised by the firm. In the context of the calculation of the with-profits insurance capital component, the with-profits actuary must also advise the firm's governing body as to whether the methods and assumptions (including the allowance for management actions) used for that calculation are consistent with the firm's Principles and Practices of Financial Management (PPFM - seeCOBS 20.33) and with its regulatory duty to treat its customers fairly.

   3

In this section, any reference to a firm's regulatory duty to treat its customers fairly is a reference to the duty of a firm regulated by the FCA7 under FCA's7 Principle 6 (Customers' interests). This states that a firm must pay due regard to the interests of its customers and treat them fairly.

In this section, any reference to the Principles and Practices of Financial Management (PPFM) is a reference to the requirements in the FCA's rules at7 COBS 20.33 (Principles and Practices of Financial Management) for firms to establish, maintain and record the principles and practices of financial management according to which the business of its with-profits funds is conducted.

The extent to which a firm requires a separate PPFM for each of its with-profits funds will depend on the firm's circumstances and any relevant representations made by the firm to its with-profits policyholders. In this section, any reference to a firm's PPFM refers to the PPFM which relate to the with-profits fund or the with-profits insurance contracts in question.

SYSC 14.1.53 R requires firms to maintain accounting and other records for a minimum of three years, or longer as appropriate. For the purposes of INSPRU 1.3.17 R, a period of longer than three years will be appropriate for a firm's long-term insurance business. In determining an appropriate time period, a firm should have regard to:

1. (1)

   the detailed guidance on record keeping in SYSC 14.1.51 G to SYSC 14.1.64 G;

2. (2)

   the nature and term of the firm's long-term insurance contracts; and

3. (3)

   any additional provisions or statutory requirements applicable to the firm or its records.

Some of the changes identified in accordance with INSPRU 1.3.19 R may have to be notified to the firm's policyholders in accordance with the firm's PPFM.

The management actions in INSPRU 1.3.53 R may include, but are not limited to, changes in future bonus rates, reductions in surrender values, changes in asset dispositions (taking into account the associated selling costs) and changes in the amount of charges deducted from asset shares for with-profits insurance contracts.

A firm should use reasonable assumptions in incorporating management actions into its projections of claims such that the mitigating effects of the management actions are not overstated. In modelling management actions, a firm should ensure consistency with its PPFM and take into account its regulatory duty to treat its customers fairly.

In accordance with INSPRU 1.3.17 R, a firm should make and retain a record of the approach used, in particular the nature and effect of anticipated management actions (including, where practicable, the amount by which the actions would serve to reduce the projected values of assets and liabilities).

A firm which deducts charges in respect of any adverse experience or cost of capital to with-profits insurance contracts should keep a record under INSPRU 1.3.17 R of the amount of any such charges to its customers and of how it has ensured their fair treatment.

A firm should use realistic assumptions in incorporating policyholder actions into its projections of claims such that any mitigating effects of policyholder actions are not overstated and any exacerbating effects of policyholder actions are not understated. In modelling policyholder actions, a firm should ensure consistency with its PPFM and take into account its regulatory duty to treat its customers fairly in determining the options and information that would be available to policyholders.

In calculating the persistency scenario in INSPRU 1.3.100 R, a firm needs to make assumptions regarding the future termination rates exhibited by policies, at points described in particular in INSPRU 1.3.101 R. Such assumptions should be realistic. However, the firm must have regard to the economic scenarios being projected. For example, if the value of an option became significantly greater in a future scenario than in the recent past, then the behaviour of policyholders in taking up the option is likely to differ in this future scenario compared with the recent past.

Some examples of these non-contractual commitments are:

1. (1)

   statements by the firm regarding the ability of policies to cover defined amounts, such as the repayment of a mortgage;

2. (2)

   statements by the firm regarding regular withdrawals from a policy being without penalty;

3. (3)

   guaranteed annuity and cash option rates being provided beyond the strict interpretation of the policy; and

4. (4)

   the costs of any promises to customers or other benefits that need to be provided to fulfil a firm's regulatory duty to treat its customers fairly.