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SUP 16.8 Persistency reports from insurers and data reports on stakeholder pensions

Application

SUP 16.8.1GRP

1The effect of SUP 16.1.1 R is that this section applies to:

  1. (1)

    every insurer with permission to effect or carry out life policies, unless it is a non-directive friendly society1; and

  2. (2)

    every firm with permission to establish, operate or wind up a stakeholder pension scheme.

Purpose

SUP 16.8.2GRP

1The purpose of this section is to enable information on the persistency of life policies and data on stakeholder pensions to be prepared and provided to the FSA in a standard format. This information is used in the monitoring of firms both individually and collectively.

Requirement to submit persistency and data reports

SUP 16.8.3RRP
  1. (1)

    1An insurer with permission to effect orcarry outlife policies must submit to the FSA a persistency report in respect of life policies by 30 April each year in accordance with this section.

  2. (2)

    A firm with permission to establish, operate or wind up a stakeholder pension scheme must submit to the FSA:

    1. (a)

      a data report on stakeholder pensions by 30 April each year prepared in accordance with this section; and

    2. (b)

      two extra data reports on stakeholder pensions prepared in accordance with this section as follows:

      1. (i)

        by 31 October 2002, of the number effected in the period to 30 June 2001 and the number of those still in force 12 months after the contract was effected;

      2. (ii)

        by 31 January 2003, of the number effected in the period 1 July 2001 to 30 September 2001 and the number of those still in force 12 months after the contract was effected.

Interpretation of this section

SUP 16.8.4RRP

1In this section, and Forms 1R(2) to (4) in SUP 16 Annex 6R:

  1. (1)

    '12 month report' means the part of a persistency report or data report reporting on life policies or stakeholder pensions effected in Y-2, '24 month report' means the part of a persistency report or data report reporting on life policies or stakeholder pensions effected in Y-3, and so on;

  2. (2)

    'CC' means the number of life policies or stakeholder pensions which:

    1. (a)

      were effected during the period to which the calculation relates; and

    2. (b)

      are reported on in the persistency report or data report (see SUP 16.8.8 R to SUP 16.8.15 R);

  3. (3)

    'CF' means the number of life policies or stakeholder pensions within 'CC' which are treated as in force at the end of Y-1 or, for a report under SUP 16.8.3 R (2) (b), the relevant 12 month period (see SUP 16.8.16 R to SUP 16.8.18 R);

  4. (4)

    'contract anniversary' means the anniversary of the date on which the life policy or stakeholder pension was effected falling within Y-1;

  5. (5)

    'data report' means a report in respect of stakeholder pensions complying with SUP 16.8.19 R to SUP 16.8.21 R;

  6. (6)

    Forms 1R(1), 1R(2), 1R(3) and 1R(4) mean the forms in SUP 16 Annex 6;

  7. (7)

    'group personal pension policy' means a life policy which is not a separate pension scheme, effected under a collecting arrangement made for the employees of a particular employer to participate in a personal pension arrangement on a group basis;

  8. (8)

    [deleted]

  9. (9)

    'mortgage endowment' means an endowment assurance effected or believed to be effected for the purposes of paying off a loan on land;

  10. (10)

    'new', in relation to a stakeholder pension, has the meaning given in SUP 16.8.11 R (2);

  11. (11)

    'ordinary assurance policy' means a life policy which is not an industrial assurance policy;

  12. (12)

    'other life assurance' means a life policy other than a pension policy, endowment assurance or whole life assurance;

  13. (13)

    'other pension policy' means a pension policy other than a personal pension policy;

  14. (14)

    'persistency rate' means a rate calculated using this formula:CF x 100/CC(see the example in SUP 16.8.5 G);

  15. (15)

    'persistency report' means a report in respect of life policies complying with SUP 16.8.19 R to SUP 16.8.21 R;

  16. (16)

    'regular premium life policy' means a life policy where there is (or could be, or has been) a commitment by the policyholder to make a regular stream of contributions (for example by means of a direct debit mandate);

  17. (17)

    'regular premium stakeholder pension' means a stakeholder pension where there is (or could be, or has been) a commitment by the policyholder to make a regular stream of contributions;

  18. (18)

    'single premium life policy' means a life policy that is not a regular premium life policy, except that a recurrent single premium life policy must be treated as a regular premium life policy;

  19. (19)

    'single premium stakeholder pension' means a stakeholder pension which is not a regular premium stakeholder pension, except that a recurrent single premium stakeholder pension must be treated as a regular premium stakeholder pension;

  20. (20)

    'stakeholder pension' means an individual's rights under a stakeholder pension scheme;

  21. (21)

    'substitute', in relation to stakeholder pension, has the meaning given in SUP 16.8.11 R (2);

  22. (22)

    'Y' means the year in which the report must be submitted, 'Y-1' means the preceding year, 'Y-2' means the next earlier year and so on;

  23. (23)

    'year' means calendar year, unless SUP 16.8.7 R applies.

SUP 16.8.5GRP

Example of calculation of persistency rate for life policies that commenced during 1996 (see SUP 16.8.3 R)1

Y (year of reporting)

Number of life policies which commenced during 1996

Number of 1996 policies that cease to be in force during Y-1

Deaths and retirements (not included in CC and CF)

CF

CC

1998

1000

143

2

1000 - 143 - 2 = 855

1000 - 2 = 998

1999

1000

25

1

1000 - 143 - 25 - 2 - 1 = 829

1000 - 2 - 1 = 997

Report submitted in 1998 Persistency rate for life policies that commenced during Y-2 (that is 1996)

Report submitted in 1999 Persistency rate for life policies that commenced during Y-3 (that is 1996)

SUP 16.8.6GRP

1Firms are reminded that annuity contracts other than deferred annuity contracts are not within the definition of 'life policy'.

SUP 16.8.7R

1In relation to a persistency report, a firm may treat a 12-month period ending between 1 October and 31 March as a 'year' for the purposes of this section and Forms 1R(1) to (3):

  1. (1)

    if the firm's financial year does not end on 31 December; or

  2. (2)

    for industrial assurance policy business;

provided that the use of an alternative period is disclosed in the persistency report.

Life policies and stakeholder pension to be reported on in the persistency or data reports

SUP 16.8.8RRP

1A persistency report or data report must report on a life policy or stakeholder pension if:

  1. (1)

    it is not of a type listed in SUP 16.8.13 R or SUP 16.8.14 R;

  2. (2)

    it was effected by:

    1. (a)

      the firm submitting the report; or

    2. (b)

      an unauthorised member of the group of the firm submitting the report and in circumstances in which that firm was responsible for the promotion of that life policy or stakeholder pension; or

    3. (c)

      another firm, but is being carried out by the firm submitting the report; and

  3. (3)

    the person who sold it or who was responsible for its promotion was, in so doing, subject to rules in COBS5.

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SUP 16.8.9GRP

1Life policies and stakeholder pensions falling within SUP 16.8.8 R (2) (c) are those which have been transferred from another firm, for example under an insurance business transfer scheme under Part VIIof the Act (Control of Business Transfers).

SUP 16.8.10RRP

1Life policies falling within SUP 16.8.8 R, which were sold subject to the conduct of business rules of a previous regulator, need to be reported only if they were required to be reported on by the rules of the previous regulator of the firm submitting the report.

SUP 16.8.11RRP
  1. (1)

    1A life policy or stakeholder pension which was issued in substitution for a similar contract may be treated as being effected on the inception date of the previous life policy or stakeholder pension, provided that the firm is satisfied that no loss to the policyholder is attributable to the substitution;

  2. (2)

    A stakeholder pension which is treated as in (1) is a "substitute" stakeholder pension. A "new" stakeholder pension is any other stakeholder pension.

SUP 16.8.12GRP

1Examples of loss to the policyholder under SUP 16.8.11 R are losses resulting from higher charges and more restrictive benefits and options.

SUP 16.8.13RRP

1A persistency or data report must not report on any of the following:

  1. (1)

    a life policy or stakeholder pension that was cancelled from inception whether or not this was as a result of service of a notice under the rules on cancellation (COBS 15)5;

    5
  2. (2)

    an appropriate personal pension scheme to which contributions are made only by the Department of Social Security;

  3. (3)

    a life policy (excluding income withdrawal) or stakeholder pension which has terminated as a result of death, critical illness, retirement, maturity or other completion of the contract term;

  4. (4)

    income withdrawals that have ceased as a result of the death of the policyholder;

  5. (5)

    in the case of a persistency report only, a life policy which is a stakeholder pension;

  6. (6)

    a life policy purchased by the trustees of an occupational pension scheme 2 which is a defined benefits pension scheme;

  7. (7)

    a life policy purchased by the trustees of an executive money purchase occupational pension scheme.

SUP 16.8.14R

1A persistency report required by SUP 16.8.3 R (1) need not report on a life policy if the number of life policies on substantially the same terms effected by the relevant firm (or member of the firm's group) in the relevant year did not exceed the higher of fifty and 1% of the total reportable life policies effected by the person in that year.

SUP 16.8.15RRP

1If the term of an endowment assurance is less than five years, the life policy must only be included in a persistency report in respect of years up to and including the anniversary prior to maturity.

Life policies and stakeholder pensions to be treated as in force

SUP 16.8.16RRP

1Subject to SUP 16.8.17 R and SUP 16.8.18 R, a life policy or stakeholder pension must be treated as in force at the end of Y-1 (that is, included in CF) if and only if:

  1. (1)

    in the case of a regular premium life policy:

    1. (a)

      in the case of an industrial assurance policy on which the premiums are paid at intervals of four weeks, the premium has been paid in respect of the four-week period in which the policy anniversary falls; or

    2. (b)

      in any other case, the premium has been paid in respect of the month in which the policy anniversary falls;

  2. (2)

    in the case of a single premium life policy, the policy has not been surrendered as at the policy anniversary;

  3. (3)

    in the case of a regular premium stakeholder pension:

    1. (a)

      for a report required by SUP 16.8.3 R (2) (a), the premium has been paid in respect of the month in which the contract anniversary falls;

    2. (b)

      for a report required by SUP 16.8.3 R (2) (b), the premium has been paid in respect of the month 12 months after the contract was effected;

  4. (4)

    in the case of a single premium stakeholder pension:

    1. (a)

      for a report required by SUP 16.8.3 R (2)(a), the contract has not been surrendered as at the contract anniversary; or

    2. (b)

      for a report required by SUP 16.8.3 R (2)(b), the contract has not been surrendered as at the end of the 12 month period.

SUP 16.8.17RRP

1A cluster life policy must be reported as a single life policy and must be treated as in force (that is included in CF) even if some of the constituent life policies have been terminated.

SUP 16.8.18RRP

1An income withdrawal that has terminated other than by death of the policyholder must be treated as not in force at the end of Y-1 (that is, not included in CF).

Contents of the persistency or data report

SUP 16.8.19R
  1. (1)

    1A persistency report on life policies must be a report in the format of Forms 1R(1), (2) and (3).

  2. (2)

    A data report on stakeholder pensions must be a report in the format of Form 1R(4).

  3. (3)

    A persistency and a data report must include:

    1. (a)

      for a report required by SUP 16.8.3 R (1) or (2) (a), a separate copy of each Form reporting on life policies or stakeholder pensions effected during each of Y-2, Y-3, Y-4, Y-5;

    2. (b)

      for a persistency report, a separate copy of Forms IR(1) and IR(2) reporting on:

      1. (i)

        regular premium life policies and single premium life policies; and

      2. (ii)

        life policies classified as ordinary assurance policies and industrial assurance policies .

SUP 16.8.20R

1If, in relation to any Form, a firm has no life policies or stakeholder pensions to report on in a copy of that Form, the firm need not submit that copy provided that it confirms in writing to the FSA, as part of the persistency or data report, that it is not doing so and the reason for not doing so.

SUP 16.8.21RRP

1The firm must, if a persistency report reports on;

  1. (1)

    an endowment assurance with a term of five years or less:

    1. (a)

      report on such a policy in Form 1R(2); and

    2. (b)

      not report on such a policy in Form 1R(1);

  2. (2)

    a group personal pension policy, include the policy as a personal pension policy in Forms 1R(1) and 1R(3);

  3. (3)

    a mortgage endowment, also include the policy as an endowment assurance in Forms 1R(1) and 1R(3);

  4. (4)

    an income withdrawal, not include the policy under any other relevant category in Forms 1R(1) and 1R(3).

    4
SUP 16.8.22G
  1. (1)

    1Under SUP 16.8.16 R, a life policy must be treated as not in force if premiums have not been paid at the relevant date. Form 1R(3) seeks additional information on the number of policies treated as not in force which are subject to genuine contribution holidays.

  2. (2)

    A firm should treat a life policy as 'subject to a contribution holiday' if:

    1. (a)

      the terms of the policy allow the policyholder to take a contribution holiday;

    2. (b)

      the policyholder has opted to take a contribution holiday in accordance with those terms;

    3. (c)

      the policyholder has clearly stated his intention to resume payments; and

    4. (d)

      at the end of Y-1, not more than 12 months have elapsed from the date that premiums ceased to be paid.

Records

SUP 16.8.23RRP

1A firm must make and retain such records as will enable it to:

  1. (1)

    monitor regularly the persistency of life policies and stakeholder pensions effected through each of its representatives; and

  2. (2)

    make persistency reports or data reports to the FSA in accordance with SUP 16.8.3R.

SUP 16.8.24GRP

1In order to comply with SUP 16.8.23 R, a firm will as a minimum need to make and retain separate records for:

  1. (1)

    life policies and stakeholder pensions originally promoted:

    1. (a)

      by representatives; or

    2. (b)

      by independent intermediaries; or

    3. (c)

      through the firm's own direct offer financial promotions; or

    4. (d)

      as adopted packaged products;

  2. (2)

    life policies and stakeholder pensions not within (1), including those effected as execution-only transactions,for inclusion in the relevant form under 'Otherwise';

  3. (3)

    life policies and stakeholder pensions written assuming the payment of:

    1. (a)

      regular premiums;

    2. (b)

      a single premium;

  4. (4)

    life policies written as:

    1. (a)

      ordinary assurance policies;

    2. (b)

      industrial assurance policies;

  5. (5)

    the categories of life policies and stakeholder pensions referred to in Forms 1R(1) to (4). 3