The Industry Faces `Interesting Times'
by: Sandra K. Meltzer
The Chinese curse, "May you live in interesting times,"
comes to mind as I think about the new millennium.
Where insurance regulatory issues and product complexity are
concerned, the new era may well qualify as "interesting
times." I'll cover some of the possibilities here.
The annuity landscape has already been affected, by the
adoption of the Annuity 2000 Mortality Table.
Furthermore, the Society of Actuaries and the American
Academy of Actuaries are being pushed to develop a 2000
Commissioner's Standard Ordinary Mortality Table - to take
into account the apparent longer life span of Americans in
the 1990s and projected into the 21st century.
When the table is developed and adopted, it will alleviate
the practical problems of providing insurance benefits
beyond age 100. Insurers will be able to price and reserve
life insurance products that truly go to the end of life
even if death occurs well after age 100.
Greater longevity, though universally desired, is creating
some other challenges for the industry, too. This stems
from the anxiety longevity can cause - i.e., will a person's
planned retirement income provide enough money to allow the
desired standard of living to the end of life?
Insurance products that seek to address this, by maintaining
the real monetary value of retirement income via a variable
monthly income based on separate account performance, are
not uncommon today. But recently, some insurers have begun
dealing with this by offering not only a variable payout (to
reflect current market values) but also a minimum guaranteed
income feature (to provide a safety net of a floor on the
monthly income). This brings new regulatory concerns -
mostly over which reserve method is most appropriate.
Another scene to watch is the arrival of new emerging
markets and marketing strategies, born of the Financial
Services Industry Modernization Act and mergers such as the
one between Travelers and Citicorp.
Already, we are seeing the use of discretionary group trusts
in marketing scenarios to customers of financial
institutions and affinity groups gain popularity. States
continue to review the type of group as well as the product;
and the regulatory environment of the discretionary group
trust is still fluid.
Currently, most states allow these trusted groups. However,
some do not allow them for life products or annuities or
both, and some evaluate the nature of the group and
determine, on a case by case basis, whether or not they will
allow the group.
In the future, as other financial institutions and insurers
enter mergers, we may see more products marketed via the
discretionary group trust.
E-commerce will also impact the insurance industry. The
industry is already grappling with problems it brings.
These include: electronic signatures, security of financial
information, confidentiality, and the application of state
regulatory requirements, all related to products sold over
the Internet.
At the current rate of technological advance, more
challenges will surface and be met at an ever-increasing
pace.
Confidentiality of personal medical information, as well as
privacy on the Internet, is a widespread concern now, and
will continue to be.
Congress is already addressing confidentiality of personal
medical information. The ramifications of federal
legislation in this area, though not yet felt, are feared to
be quite pervasive. Insurers may be responsible for
safeguarding personal medical information, not only in their
own company, but also in a subcontractor company when the
insurer gives such information to the subcontractor for
underwriting, consumer reporting, administrative or other
purposes.
To manage the ramifications of the legislation now under
consideration, insurers seeking to ensure confidentiality of
personal information may find they have a new and
significant need for relevant software.
Both financial services reform and issues related to
confidentiality of personal medical information will
probably enlarge dual regulation for the insurance industry.
The business is, of course, already subject to dual
state/federal legislation for variable products and certain
health products. Some observers speculate federal
regulation will take over all insurance regulation, so the
states will no longer regulate insurance products. In my
opinion, this will not happen. But I do believe the
industry will be increasingly subject to dual federal/state
regulation.
As noted earlier, if not now, certainly during the early
21st century, the industry will experience the challenge of
"interesting times."
Reprinted with permission from National Underwriter (Life &
Health / Financial Services Edition) December 13, 1999.
Copyright c 1999 by the National Underwriter Company. All
rights reserved.