1. 2008 General Meeting Assemblée générale 2008 Toronto, Ontario 2008 General Meeting Assemblée générale 2008 Toronto, Ontario Canadian Institute of Actuaries Canadian Institute of Actuaries L’Institut canadien des actuaires L’Institut canadien des actuaires

2. Contract Classification Jim Doherty November 2008 Jim Doherty November 2008

3. 2008 General Meeting Assemblée générale 2008 2008 General Meeting Assemblée générale 2008 Agenda Contract Classification A few odds and ends

4. 2008 General Meeting Assemblée générale 2008 2008 General Meeting Assemblée générale 2008 Contract classification defines the accounting treatment. –i.e. How the liability will be measured on the balance sheet Financial Instruments – IAS 39 –Amortized Cost or Fair Value Insurance Contracts – IFRS 4 –Existing accounting measurement Discretionary Participation Financial Instruments –Existing accounting measurement Contract classification

5. 2008 General Meeting Assemblée générale 2008 2008 General Meeting Assemblée générale 2008 The most significant impacts expected –Financial Instruments (Investment contracts) –Unbundling of contracts (embedded derivatives) Contract classification

6. 2008 General Meeting Assemblée générale 2008 2008 General Meeting Assemblée générale 2008 IFRS Measurement Current C GAAP - insurance enterprise level IFRS 4 - at the contract level Requires contracts to be classified –Insurance contracts (IFRS 4) –Financial Instruments (IAS 39 – IAS 32) –Service Contracts (IAS 18)

7. 2008 General Meeting Assemblée générale 2008 2008 General Meeting Assemblée générale 2008 Definition of an insurance contract A contract under which one party (the insurer) accepts significant insurance risk from another party (the policyholder) by agreeing to compensate the policyholder if a specified uncertain future event (the insured event) adversely affects the policyholder. IFRS 4 Appendix A

8. 2008 General Meeting Assemblée générale 2008 2008 General Meeting Assemblée générale 2008 Insurance risk is risk, other than financial risk, transferred from the holder of a contract to the issuers Financial risk is the risk of a possible future change in one or more of a specified interest rate, financial instrument price, … or other variable –provided in the case of a non-financial variable, that the variable is not specific to a party to the contract. If both financial risk and significant insurance risk are present, contract is classified as insurance. IFRS 4 Appendix A Insurance Risk

9. 2008 General Meeting Assemblée générale 2008 2008 General Meeting Assemblée générale 2008 Significant Insurance Risk pays significant additional benefits in any scenario –even if the insured event is extremely unlikely –even if the expected (i.e. probability-weighted) present value of contingent cash flows is a small proportion of the expected present value of all the remaining contractual cash flows IFRS 4 Appendix B - B22-B28

10. 2008 General Meeting Assemblée générale 2008 2008 General Meeting Assemblée générale 2008 Significant Insurance Risk If an insurance contract is unbundled into a deposit component and an insurance component, the significance of insurance risk is assessed by reference to the insurance component. The significance of insurance risk transferred by an embedded derivative is assessed by reference to the embedded derivative. Not by reference to materiality in the financial statements

11. 2008 General Meeting Assemblée générale 2008 2008 General Meeting Assemblée générale 2008 Significant insurance risk Additional benefits include –Payments contingent on insurance risk Term insurance –timing risk Whole life contract (payment known, timing unknown) has additional benefits Contract where death benefit is equivalent to maturity benefit (if the maturity benefit is adjusted for time value of money) does not have additional benefits

12. 2008 General Meeting Assemblée générale 2008 2008 General Meeting Assemblée générale 2008 IASB has (and will) not provide quantitative guidance Rules of thumb currently being adopted –Benefit paid on death exceeds benefits payable on survival by more than x% –Plausible scenario exists under which the death benefit exceeds the survival benefit by x% or more at any time during the policy term –Benefit payable on survival exceeds the benefit payable on death by more than x% Quantitative measures

13. 2008 General Meeting Assemblée générale 2008 2008 General Meeting Assemblée générale 2008 Significant Insurance Risk Document your definition of significant –This is your value for “x%” –And the quantitative measures used Obtain concurrence of auditor Apply consistently across all contracts

14. 2008 General Meeting Assemblée générale 2008 2008 General Meeting Assemblée générale 2008 Contract Classification Tends to be a more complicated issue for Life and Health Insurance –a number of products may have been created primarily for investment purposes However, due to the somewhat liberal definitions in IFRS 4 –most Life & Health Insurance contracts are expected to meet the insurance contract threshold –but an insurer still needs to conduct an analysis of it ’ s contracts!

15. 2008 General Meeting Assemblée générale 2008 2008 General Meeting Assemblée générale 2008 Contract Classification Remember that the classification is at a contract level and not at a product level. –Contracts entered into simultaneously with the same policyholder count as one contract Classification is done as at the date of inception

16. 2008 General Meeting Assemblée générale 2008 2008 General Meeting Assemblée générale 2008 Contract Classification Homogeneous blocks –Contracts may be classified homogeneously on materiality grounds –Relatively homogeneous book known to consist of contracts that all transfer insurance risk –need not examine each contract

17. 2008 General Meeting Assemblée générale 2008 2008 General Meeting Assemblée générale 2008 Contract Classification Depends on the facts and circumstances of the contract terms Document these and the rationale for the conclusion reached –Particularly for complex products or where judgement was required Obtain auditor concurrence

18. 2008 General Meeting Assemblée générale 2008 2008 General Meeting Assemblée générale 2008 Classification flowchart Is there significant insurance risk present in the contract? Is there a deposit component to the contract? If so, is the deposit component independent of the insurance cash flows? Are any elements of the benefit driven by discretionary participation Insurance features present in contract Classified as an investment contract Deposit component Yes No Insurance and deposit components of contract must, if not recognised, be unbundled and valued separately Yes No Insurance component Product is an Investment Contract without discretionary participation features Product is an Insurance Contract Product is an Investment Contract with discretionary participation features Yes No

19. 2008 General Meeting Assemblée générale 2008 2008 General Meeting Assemblée générale 2008 Life Insurance Individual Insurance Annuities Group Insurance TermPar Universal Life Variable Universal Life Life Contingent Payout Annuities Fixed Payout Annuity Fully Insured Plan Experience Rated Refund Administrative Services Only InsuranceNot Insurance Bifurcation or TBD?

20. 2008 General Meeting Assemblée générale 2008 2008 General Meeting Assemblée générale 2008 Individual Insurance Term Insurance Whole Life T 100 CI DI LTC Riders

21. 2008 General Meeting Assemblée générale 2008 2008 General Meeting Assemblée générale 2008 Individual Insurance UL VUL VL Index Linked

22. 2008 General Meeting Assemblée générale 2008 2008 General Meeting Assemblée générale 2008 Group L&H Health LTD Life Affinity ASO ERR Hold Harmless agreements

23. 2008 General Meeting Assemblée générale 2008 2008 General Meeting Assemblée générale 2008 Payout Annuities Life Settlement Structured Settlement Fixed Index Linked

24. 2008 General Meeting Assemblée générale 2008 2008 General Meeting Assemblée générale 2008 Seg Funds / VA Group Individual

25. 2008 General Meeting Assemblée générale 2008 2008 General Meeting Assemblée générale 2008 Seg Funds / VA GMDB GMMB GMDB + GMMB GMWB –Fixed –Life GMDB + GMWB

26. 2008 General Meeting Assemblée générale 2008 2008 General Meeting Assemblée générale 2008 Seg Funds / VA Normally a return of a % of premium on a unit- linked contract would classify the contract as insurance. –IFRS requires only a single scenario for the contract to be insurance. A situation where this may be questioned is if the fund is cash or bonds (depending on duration) Need to determine if there really is a chance that the death benefit would become significant.

27. 2008 General Meeting Assemblée générale 2008 2008 General Meeting Assemblée générale 2008 Seg Funds / VA GMDB combined with GMMB –Paragraph B27 additional benefits can be the requirement to pay benefits earlier if the insured event occurs earlier and the payment is not adjusted for the time value of money

28. 2008 General Meeting Assemblée générale 2008 2008 General Meeting Assemblée générale 2008 An aside Seg funds are on balance sheet – one line for the assets and one for the liabilities Treasury shares –where the segregated funds hold shares of the insurance company –these will probably have to be eliminated from the asset side as treasury shares, but kept on the liability side

29. 2008 General Meeting Assemblée générale 2008 2008 General Meeting Assemblée générale 2008 Deferred Annuities Individual –Annuitization benefit on a guaranteed basis –No MV adjustment on death Group –Deposit Administration

30. 2008 General Meeting Assemblée générale 2008 2008 General Meeting Assemblée générale 2008 Reinsurance Life & Health Financial

31. 2008 General Meeting Assemblée générale 2008 2008 General Meeting Assemblée générale 2008 Another aside Deferred Tax –CIA SOP –IAS 12

32. 2008 General Meeting Assemblée générale 2008 2008 General Meeting Assemblée générale 2008 Contract Classification IBNR Claims in the course of payment Dividends / Premiums / Proceeds on Deposit Advance Premiums

33. 2008 General Meeting Assemblée générale 2008 2008 General Meeting Assemblée générale 2008 Contract Classification Facts and circumstances Document these and the rationale for the conclusion reached –Particularly for complex contracts or where judgement was required Obtain auditor concurrence

34. 2008 General Meeting Assemblée générale 2008 2008 General Meeting Assemblée générale 2008 And another aside If the contract is a financial instrument and measured at amortized cost under IAS 39 Need to check for embedded derivatives

35. 2008 General Meeting Assemblée générale 2008 2008 General Meeting Assemblée générale 2008 Discretionary Participation Feature A contractual right to receive, as a supplement to guaranteed benefits, additional benefits: –(a) that are likely to be a significant portion of the total contractual benefits; –(b) whose amount or timing is contractually at the discretion of the issuer; and –(c) that are contractually based on: (i) the performance of a specified pool of contracts or a specified type of contract; (ii) realized and/or unrealized investment returns on a specified pool of assets held by the issuer; or (iii) the profit or loss of the company, fund or other entity that issues the contract.

36. 2008 General Meeting Assemblée générale 2008 2008 General Meeting Assemblée générale 2008 IAS 39 If a Financial Instrument has a discretionary participation features (DPF) –The whole contract is valued using IFRS 4. –If the deposit element can be separated, then it may be accounted for under IAS 39 - but this is at the choice of the insurance company –There are requirements to check that the liability held is at least as big as that which would be held under IAS 39.

37. Questions

38. 2008 General Meeting Assemblée générale 2008 Toronto, Ontario 2008 General Meeting Assemblée générale 2008 Toronto, Ontario Canadian Institute of Actuaries Canadian Institute of Actuaries L’Institut canadien des actuaires L’Institut canadien des actuaires