Recapture. 12.1 Whenever the Ceding Company, pursuant to Article 11, increases its retention limits over the retention limits set forth in Exhibit A − Retention Limits of the Ceding Company, the Ceding Company has the option to recapture certain risk amounts. If the Ceding Company has maintained its stated retention for the plan and the insured's age, sex, and mortality classification on an automatic risk, or at least the lesser of its Per Life Retention Limit or [*] on a facultative risk, it may apply its increased retention limits to reduce the amount of reinsurance in force as follows: (a) The Ceding Company must give the Reinsurer ninety (90) days written notice prior to its intended date of recapture. (b) The reduction of reinsurance on affected policies will become effective on the policy anniversary date immediately following the notice of election to recapture; however, no reduction will be made until a policy has been in force for a duration of at least [*]. (c) If any reinsured policy is recaptured, all reinsured policies eligible for recapture under the provisions of this Article must be recaptured up to the Ceding Company's new retention limits in a consistent manner and the Ceding Company must increase its total amount of insurance retained on each reinsured life. The Ceding Company may not revoke its election to recapture for policies becoming eligible at future anniversaries. Recapture for a policy may occur at different times because of different duration requirements under various reinsurance agreements. For a policy subject to recapture from the Reinsurer that has met the duration requirement in clause (b) above, the revised Reinsured Net Amount at Risk shall be determined using Ceding Company's Retained Share as if the policy were eligible for recapture from all reinsurers who have a share of the risk on that policy (or who had a share of risk on that policy prior to an earlier recapture). For a policy not yet subject to recapture from the Reinsurer because of an unattained duration requirement, Reinsured Net Amount at Risk will continue being determined using Ceding Company's Retained Share as provided for in Exhibit A as if the policy were not eligible for recapture by any of the reinsurers who have or had a share of the risk on the policy. The amount of reinsurance eligible for recapture is based on the Net Amount at Risk as of the date of recapture. For a policy issued as a result of an exchange or conversion, the policy date and current duration of the new policy and the recapture provisions under this Agreement will be used. Following the effective date of recapture, the Reinsurer will not be liable for any reinsured policies or portions of such reinsured policies eligible for recapture that the Ceding Company has overlooked inadvertently. If the Ceding Company transfers business that is reinsured under this Agreement to a successor ceding company, then the successor ceding company has the option to recapture the reinsurance in accordance with the recapture criteria outlined in this Article, but only if the successor ceding company has or adopts a higher maximum retention limit than that applicable to the block of business subject to recapture.
Appears in 4 contracts
Sources: Reinsurance Agreement (Riversource of New York Account 8), Reinsurance Agreement (Riversource of New York Account 8), Reinsurance Agreement (Riversource Variable Life Separate Account)
Recapture. 12.1 Whenever When the Ceding Company, pursuant Company increases the dollar retention limit the amount of in force Reinsured Policies may be reduced provided:
8.2.1 The Company gives the Reinsurer written notice of its intention to Article 11, increases its retention limits over recapture within 90 days of the effective date of the retention limits set forth in Exhibit A − Retention Limits of increase; and
8.2.2 The amount eligible for recapture will be the Ceding Company, difference between the amount originally retained and the amount the Ceding Company would have retained on the same 10% quota share basis had the new retention limit schedule been in effect at the time of issue.
8.2.3 Such recaptures are made on the next anniversary of each Reinsured Policy affected unless mutually agreed otherwise by the Company and the Reinsurer and with no recapture being made until the Reinsured Policy has been in force for the option to period stated in Exhibit C. For a conversion or re-entry, the recapture certain risk amounts. If terms of the Ceding original policy will apply and the duration for the recapture period will be measured from the effective date of the original policy; and
8.2.4 The Company has maintained from the time the policy was issued, its stated full retention as set out in Exhibit D for the plan and the insured's ageclassification; and
8.2.5 The Company has applied its increased Retention Limits in a consistent manner to all categories of its Retention Limits set out in Exhibit D unless otherwise agreed to by the Reinsurer. In applying its increased Retention Limits to Reinsured Policies, sex, the age and mortality classification on an automatic risk, or rating at least the lesser time of its Per Life Retention Limit or [*] on a facultative risk, it may apply its increased retention limits issue will be used to reduce determine the amount of reinsurance in force the Company's increased retention. Recapture as follows:
(a) The Ceding Company must give provided herein is optional with the Reinsurer ninety (90) days written notice prior to its intended date of recapture.
(b) The reduction of reinsurance on affected policies will become effective on the policy anniversary date immediately following the notice of election to recapture; howeverCompany, no reduction will be made until a policy has been in force for a duration of at least [*].
(c) If but if any reinsured policy Reinsured Policy is recaptured, all reinsured policies Reinsured Policies eligible for recapture under the provisions of this Article must be recaptured up recaptured. If there is reinsurance in other companies on risks eligible for recapture, the necessary reduction is to be applied pro rata to the Ceding Company's new retention limits in a consistent manner and the Ceding Company must increase its total amount of insurance retained on each reinsured life. The Ceding Company may not revoke its election to recapture for policies becoming eligible at future anniversaries. Recapture for a policy may occur at different times because of different duration requirements under various reinsurance agreements. For a policy subject to recapture from the Reinsurer that has met the duration requirement in clause (b) above, the revised Reinsured Net Amount at Risk shall be determined using Ceding Company's Retained Share as if the policy were eligible for recapture from all reinsurers who have a share of the risk on that policy (or who had a share of risk on that policy prior to an earlier recapture). For a policy not yet subject to recapture from the Reinsurer because of an unattained duration requirement, Reinsured Net Amount at Risk will continue being determined using Ceding Company's Retained Share as provided for in Exhibit A as if the policy were not eligible for recapture by any of the reinsurers who have or had a share of the risk on the policyoutstanding reinsurance. The amount of reinsurance eligible for recapture is based on the Net Amount reinsurance net amount at Risk risk as of the date of recapture. For a policy issued The Company may not revoke its election to recapture for Reinsured Policies becoming eligible at future anniversaries. No recapture of Reinsured Policies will occur if the Company has either obtained or increased stop loss reinsurance coverage as a result of an exchange or conversionjustification for the increase in retention. The Reinsurer will not be liable, the policy date and current duration of the new policy and the recapture provisions under this Agreement will be used. Following after the effective date of recapture, the Reinsurer will not be liable for any reinsured policies Reinsured Policies or portions of such reinsured policies Reinsured Policies eligible for recapture that the Ceding Company has overlooked inadvertentlyoverlooked. The Reinsurer will be liable only for a credit of the premiums, received after the recapture date, less any allowance. The terms and conditions for the Company to recapture in force Reinsured Policies due to the insolvency of the Reinsurer are set out in the Insolvency clause in Article 11. If the Ceding Company transfers business that which is reinsured under this Agreement to a successor ceding company, then the successor ceding company has the option to recapture the reinsurance reinsurance, in accordance with the recapture criteria outlined in this Article, but only if the successor ceding company has or adopts a higher maximum retention limit than that applicable to the block of business subject to recaptureCompany.
Appears in 4 contracts
Sources: Reinsurance Agreement (Lincoln Life Flexible Premium Variable Life Account M), Reinsurance Agreement (Lincoln Life & Annuity Flexible Prem Vari Life Acct M), Reinsurance Agreement (Lincoln Life & Annuity Flexible Prem Vari Life Acct M)
Recapture. 12.1 Whenever the Ceding Company, pursuant to Article 11, increases The Company may apply an increase in its retention limits over the retention limits set forth in Exhibit A − Retention Limits of the Ceding Company, the Ceding Company has the option to recapture certain risk amounts. If the Ceding Company has maintained its stated retention for the plan and the insured's age, sex, and mortality classification on an automatic risk, or at least the lesser of its Per Life Retention Limit or [*] on a facultative risk, it may apply its increased retention limits to reduce the amount of inforce reinsurance in force as followsceded on an automatic basis provided that:
(a) The Ceding Company must give gives the Reinsurer ninety (90) days irrevocable written notice prior to of its intended date of recapture.
(b) The reduction of reinsurance on affected policies will become effective on the policy anniversary date immediately following the notice of election intention to recapture; however, no reduction and
b) Recapture will be effected on the next anniversary of each Reinsured Policy eligible for recapture unless agreed otherwise by both parties and with no recapture being made until a policy the Reinsured Policy has been in force for a duration of at least [*].
(c) If any reinsured policy is recaptured, all reinsured policies eligible for recapture under the provisions of this Article must be recaptured up to period specified in the Ceding Company's new retention limits in a consistent manner and the Ceding Company must increase its total amount of insurance retained on each reinsured life. The Ceding Company may not revoke its election to recapture for policies becoming eligible at future anniversaries. Recapture for a policy may occur at different times because of different duration requirements under various reinsurance agreementsapplicable Exhibit. For a conversion or re-entry, the recapture terms of the original policy subject to will apply and the duration for the recapture period will be measured from the Reinsurer that effective date of the original policy; and
c) The Company has met maintained, from the duration requirement time the policy was issued, its full retention as set out in clause (b) aboveExhibit D, and has applied its increased Retention Limit to all categories set out in Exhibit D. In applying its increased Retention Limit to Reinsured Policies, the revised Reinsured Net Amount age and mortality rating at Risk shall the time of issue will be determined using Ceding used to determine the amount of the Company's Retained Share as if the policy were eligible for recapture from all reinsurers who have a share of the risk on that policy (or who had a share of risk on that policy prior to an earlier recapture). For a policy not yet subject to recapture from the Reinsurer because of an unattained duration requirement, Reinsured Net Amount at Risk will continue being determined using Ceding Company's Retained Share as provided for in Exhibit A as if the policy were not eligible for recapture by any of the reinsurers who have or had a share of the risk on the policyincreased retention. The amount of reinsurance eligible for recapture is will be the difference between the amount originally retained and the amount the Company would have retained had the new retention been in effect at the time of issue. The amount of reinsurance eligible for recapture will be determined based on the Net Amount reinsurance net amount at Risk risk as of the date of recapture. For a policy issued as a result of an exchange or conversionIf there is reinsurance with other reinsurers on risks eligible for recapture, the policy date reduction will be applied pro rata to the total outstanding reinsurance. Recapture is optional, but if any reinsured business is recaptured, all eligible reinsured business must be recaptured. Eligible reinsured business means business with the same form of underwriting. In addition, all life risks reinsured under any other reinsurance agreement between the Reinsurer and current duration the Company which are eligible for recapture must be similarly recaptured. No reserves for the recaptured business will be paid to the Company by the Reinsurer. Effective as of the new policy and the recapture provisions under this Agreement will be used. Following the effective date of recapturedate, the Reinsurer will not be liable for any eligible reinsured policies business which was overlooked. The parties' obligations for any recaptured business will be limited to those relating to events or portions circumstances arising or occurring before the recapture date, including payment of such reinsured policies eligible for recapture that the Ceding Company has overlooked inadvertentlytermination settlement amount. If the Ceding Company transfers business that is reinsured Upon recapture, each party will be deemed to be fully and finally released from all obligations under this Agreement to a successor ceding company, then the successor ceding company has the option to recapture the reinsurance in accordance with the recapture criteria outlined in this Article, but only if the successor ceding company has or adopts a higher maximum retention limit than that applicable respect to the block of business subject to recapturerecaptured business.
Appears in 3 contracts
Sources: Reinsurance Agreement (Ameritas Variable Separate Account V), Reinsurance Agreement (Allstate Assurance Co Variable Life Separate Account), Reinsurance Agreement (Allstate Life of N Y Var Life Sep Acct A)
Recapture. 12.1 1) Whenever the Ceding Company, pursuant to Article 11, Company increases its maximum retention limits over the maximum retention limits set forth in Exhibit A − Retention Limits of the Ceding CompanyA, the Ceding Company has the option to recapture certain risk amounts. If The amount eligible for recapture will be the Ceding Company has maintained its stated retention for difference between the plan amount originally retained and the insured's age, sex, and mortality classification amount the company would have retained on an automatic risk, or at least the lesser of its Per Life Retention Limit or [*] on a facultative risk, it may apply its increased same quota share basis had the new maximum retention limits to reduce been in effect at the amount time of reinsurance in force as follows:issue.
(a) a. The Ceding Company must give the Reinsurer ninety (90) days written notice prior to its intended date of the commencement of recapture.
(b) b. The reduction of reinsurance on affected policies will become effective on the policy anniversary date immediately following the notice of election to recapture; however, no reduction will be made until a prior to the policy has been anniversary specified in force for a duration of at least [*].Exhibit C.
(c) c. If any reinsured policy is recaptured, all reinsured policies eligible for recapture under the provisions of this Article must be recaptured up to the Ceding Company's new maximum retention limits in a consistent manner and the Ceding Company must increase its total amount of insurance retained on each reinsured life. The Ceding Company may not revoke its election to recapture for policies becoming eligible at future anniversaries. Recapture for a If portions of the reinsured policy may occur at different times because of different duration requirements under various reinsurance agreements. For a policy subject have been ceded to recapture from the Reinsurer that has met the duration requirement in clause (b) abovemore than one reinsurer, the revised Reinsured Net Amount at Risk shall be determined using Ceding Company's Retained Share Company must allocate the reduction in reinsurance so that the amount reinsured by each reinsurer after the reduction is proportionately the same as if the policy were eligible for recapture from all reinsurers who have a share new maximum dollar retention limits had been in effect at the time of the risk on that policy (or who had a share of risk on that policy prior to an earlier recapture). For a policy not yet subject to recapture from the Reinsurer because of an unattained duration requirement, Reinsured Net Amount at Risk will continue being determined using Ceding Company's Retained Share as provided for in Exhibit A as if the policy were not eligible for recapture by any of the reinsurers who have or had a share of the risk on the policyissue. The amount of reinsurance eligible for recapture is based on the Net Amount current amount at Risk risk as of the date of recapture. For a policy issued as a result of an exchange or conversion, the policy date and current duration of the new policy and the recapture provisions under this Agreement will be used. Following After the effective date of recapture, the Reinsurer will not be liable for any reinsured policies or portions of such reinsured policies eligible for recapture that the Ceding Company has overlooked inadvertentlyoverlooked. If the Ceding Company transfers business that is reinsured under this Agreement to a successor ceding company, then the successor ceding company has the option to recapture the reinsurance in accordance with the recapture criteria outlined in this Article, but only if the successor ceding company has or adopts a higher maximum retention limit than that applicable to the block of business subject to recapture.END OF ARTICLE IX
Appears in 2 contracts
Sources: Reinsurance Agreement (Nationwide Vli Separate Account 4), Reinsurance Agreement (Nationwide VLI Separate Account-7)
Recapture. 12.1 Whenever the Ceding Company, pursuant to Article 11, increases its retention limits over the retention limits set forth in Exhibit A − Retention Limits of the Ceding Company, the Ceding Company has the option to recapture certain risk amounts. If the Ceding Company has maintained increases its stated retention for Maximum Dollar Retention Limits listed in Section 3 of Schedule A, then it may, with 90 days' written notice to the plan and Reinsurer, reduce or recapture the insured's age, sex, and mortality classification on an automatic risk, or at least the lesser of its Per Life Retention Limit or [*] on a facultative risk, it may apply its increased retention limits to reduce the amount of reinsurance in force as followssubject to the following requirements:
(a) i. An in-force cession is not eligible for recapture until it has been reinsured for the minimum number of years shown in Section 7 of Schedule A. The Ceding Company must give the Reinsurer ninety (90) days written notice prior to its intended effective date of recapture.
(b) The the reduction in reinsurance will be the later of reinsurance on affected policies will become effective on the first policy anniversary following the expiration of the 90-day notice period to recapture and the policy anniversary date immediately following when the notice required minimum number of election to recapture; however, no reduction will be made until a policy has been in force for a duration of at least [*]years is attained.
(c) If any reinsured policy is recaptured, ii. On all reinsured policies eligible for recapture under recapture, reinsurance will be reduced by the provisions of this Article must be recaptured amount necessary to increase the total insurance retained up to the Ceding Company's new retention limits Maximum Dollar Retention Limits.
iii. If more than one policy per life is eligible for recapture, then any recapture must be effected beginning with the policy with the earliest issue date and continuing in a consistent manner and chronological order according to the Ceding Company must increase its total amount of insurance retained on each reinsured liferemaining policies' issue dates.
iv. The Ceding Company may not revoke rescind its election to recapture for policies becoming eligible at future anniversaries.
v. Recapture of reinsurance will not be allowed on any policy for which the Ceding Company did not keep its Maximum Dollar Retention Limit at issue. Recapture for a policy may occur at different times because of different duration requirements under various reinsurance agreements. For a policy subject to recapture from the Reinsurer that has met the duration requirement in clause (b) above, the revised Reinsured Net Amount at Risk shall be determined using The Ceding Company's Retained Share as if the Maximum Dollar Retention Limits are stated in Section 3 of Schedule A.
vi. If any policy were eligible for recapture is also eligible for recapture from all reinsurers who have a share of other reinsurers, the risk reduction in the Reinsurer's reinsurance on that policy (or who had a share of risk on that policy prior will be in proportion to an earlier recapture). For a policy not yet subject to recapture from the Reinsurer because of an unattained duration requirement, Reinsured Net Amount at Risk will continue being determined using Ceding Company's Retained Share as provided for in Exhibit A as if the policy were not eligible for recapture by any of the reinsurers who have or had a share of the risk on the policy. The total amount of reinsurance eligible for recapture is based on the Net Amount at Risk as of the date of recapturelife with all reinsurers.
vii. For a policy issued as a result of an exchange or conversion, the policy date and current duration of the new policy and the recapture provisions under this Agreement will be used. Following the effective date of recapture, the Reinsurer Recapture will not be liable for made on a basis that may result in any reinsured policies or portions of such reinsured policies eligible for recapture that anti-selection against the Ceding Company Reinsurer. The Reinsurer maintains the discretion to determine when anti-selection has overlooked inadvertentlyoccurred. If the Ceding Company transfers business that is reinsured under this Agreement to Said determination will be made in a successor ceding company, then the successor ceding company has the option to recapture the reinsurance in accordance with the recapture criteria outlined in this Article, but only if the successor ceding company has or adopts a higher maximum retention limit than that applicable to the block of business subject to recapturefair an equitable manner.
Appears in 2 contracts
Sources: Reinsurance Agreement (Jnlny Separate Account Iv), Reinsurance Agreement (Jackson National Separate Account Iv)
Recapture. 12.1 Whenever the Ceding Company, pursuant to Article 11, increases its retention limits over the retention limits set forth in Exhibit A − Retention Limits of the Ceding Company, the Ceding Company has the option to recapture certain risk amounts. If the Ceding Company has maintained its stated retention for the plan and the insured's age, sex, and mortality classification on an automatic risk, or at least the lesser of its Per Life Retention Limit or [*] on a facultative risk, it may apply its increased retention limits to reduce the amount of reinsurance in force as follows:
(a) The Ceding Company must give the Reinsurer ninety (90) days written notice prior to its intended date of recapture.
(b) The reduction of reinsurance on affected policies will become effective on the policy anniversary date immediately following the notice of election to recapture; however, no reduction will be made until a policy has been in force for a duration of at least [*].
(c) If any reinsured policy is recaptured, all reinsured policies eligible for recapture under the provisions of this Article must be recaptured up to the Ceding Company's new retention limits in a consistent manner and the Ceding Company must increase its total amount of insurance retained on each reinsured life. The Ceding Company may not revoke its election to recapture for policies becoming eligible at future anniversaries. Recapture for a policy may occur at different times because of different duration requirements under various reinsurance agreements. For a policy subject to recapture from the Reinsurer that has met the duration requirement in clause (b) above, the revised Reinsured Net Amount at Risk shall be determined using Ceding Company's Retained Share as if the policy were eligible for recapture from all reinsurers who have a share of the risk on that policy (or who had a share of risk on that policy prior to an earlier recapture). For a policy not yet subject to recapture from the Reinsurer because of an unattained duration requirement, Reinsured Net Amount at Risk will continue being determined using Ceding Company's Retained Share as provided for in Exhibit A as if the policy were not eligible for recapture by any of the reinsurers who have or had a share of the risk on the policy. The amount of reinsurance eligible for recapture is based on the Net Amount at Risk as of the date of recapture. For a policy issued as a result of an exchange or conversion, the policy date and current duration of the new policy and the recapture provisions under this Agreement will be used. Following the effective date of recapture, the Reinsurer will not be liable for any reinsured policies or portions of such reinsured policies eligible for recapture that the Ceding Company has overlooked inadvertently. If the Ceding Company transfers business that is reinsured under this Agreement to a successor ceding company, then the successor ceding company has the option to recapture the reinsurance in accordance with the recapture criteria outlined in this Article, but only if the successor ceding company has or adopts a higher maximum retention limit than that applicable to the block of business subject to recapture. Any such recapture would be available only up to the successor ceding company's maximum retention limit.
Appears in 2 contracts
Sources: Reinsurance Agreement (Riversource of New York Account 8), Reinsurance Agreement (Riversource Variable Life Separate Account)
Recapture. 12.1 Whenever the Ceding Company, pursuant to Article 11, Company increases its maximum retention limits over the maximum retention limits set forth in Exhibit A − - Retention Limits of the Ceding Company, the Ceding Company has the option to recapture certain risk amounts. If the Ceding Company has maintained its maximum stated retention (not a special retention limit) for the plan and the insured's age, sex, and mortality classification on an automatic risk, or at least the lesser of its Per Life Retention Limit or [*] on a facultative riskclassification, it may apply its increased retention limits to reduce the amount of reinsurance in force as follows:
(a) The Ceding Company must give the Reinsurer ninety (90) 90 days written notice prior to its intended date of recapture.
(b) The reduction of reinsurance on affected policies will become effective on the policy anniversary date immediately following the notice of election to recapture; however, no reduction will be made until a policy has been in force for a duration of at least [*]number] years.
(c) If any reinsured policy is recaptured, all reinsured policies eligible for recapture under the provisions of this Article must be recaptured up to the Ceding Company's new maximum retention limits in a consistent manner and the Ceding Company must increase its total amount of insurance retained on each reinsured life. The Ceding Company may not revoke its election to recapture for policies becoming eligible at future anniversaries. Recapture for a If portions of the reinsured policy may occur at different times because of different duration requirements under various reinsurance agreements. For a policy subject have been ceded to recapture from the Reinsurer that has met the duration requirement in clause (b) abovemore than one reinsurer, the revised Reinsured Net Amount at Risk shall be determined using Ceding Company's Retained Share as if Company must allocate the policy were eligible for recapture from reduction in reinsurance among all the reinsurers who have a share so that the relationship of the risk on that policy (or who had a share of risk on that policy prior to an earlier recapture). For a policy not yet subject to recapture from the Reinsurer because of an unattained duration requirement, Reinsured Net Amount at Risk will continue being determined using Ceding Company's Retained Share as provided for in Exhibit A as if the policy were not eligible for recapture by any of total reinsurance among the reinsurers who have or had a share of in any given layer does not change due to the risk on the policyrecapture. The amount of reinsurance eligible for recapture is based on the Net Amount net amount at Risk risk as of the date of recapture. For a policy issued as a result of an exchange or conversiona fully-underwritten exchange, the policy date and the current duration of the new policy and the recapture provisions under this Agreement will be used. Following After the effective date of recapture, the Reinsurer will not be liable for any reinsured policies or portions of such reinsured policies eligible for recapture that the Ceding Company has overlooked inadvertentlyoverlooked. If the Ceding Company transfers business that is reinsured under this Agreement to a successor ceding company, then the successor ceding company has the option to recapture the reinsurance in accordance with the recapture criteria outlined in this Article, but only if the successor ceding company has or adopts a higher maximum retention limit than that applicable to the block of business subject to recapture.
Appears in 2 contracts
Sources: Automatic Yrt Reinsurance Agreement (Ids Life of New York Account 8), Reinsurance Agreement (Ids Life of New York Account 8)
Recapture. 12.1 Whenever the Ceding Company, pursuant to Article 11, increases its retention limits over the retention limits set forth in Exhibit A − Retention Limits of the Ceding Company, the Ceding Company has the option to recapture certain risk amounts. If the Ceding Company has maintained increases its stated retention for Maximum Dollar Retention Limits listed in Section 3 of Schedule A, then it may, with 90 days’ written notice to the plan and Reinsurer, reduce or recapture the insured's age, sex, and mortality classification on an automatic risk, or at least the lesser of its Per Life Retention Limit or [*] on a facultative risk, it may apply its increased retention limits to reduce the amount of reinsurance in force as followssubject to the following requirements:
(a) i. An in-force cession is not eligible for recapture until it has been reinsured for the minimum number of years shown in Section 7 of Schedule A. The Ceding Company must give the Reinsurer ninety (90) days written notice prior to its intended effective date of recapture.
(b) The the reduction in reinsurance will be the later of reinsurance on affected policies will become effective on the first policy anniversary following the expiration of the 90-day notice period to recapture and the policy anniversary date immediately following when the notice required minimum number of election to recapture; however, no reduction will be made until a policy has been in force for a duration of at least [*]years is attained.
(c) If any reinsured policy is recaptured, ii. On all reinsured policies eligible for recapture under recapture, reinsurance will be reduced by the provisions of this Article must be recaptured amount necessary to increase the total insurance retained up to the Ceding Company's new retention limits Maximum Dollar Retention Limits.
iii. If more than one policy per life is eligible for recapture, then any recapture must be effected beginning with the policy with the earliest issue date and continuing in a consistent manner and chronological order according to the Ceding Company must increase its total amount of insurance retained on each reinsured liferemaining policies’ issue dates.
iv. The Ceding Company may not revoke rescind its election to recapture for policies becoming eligible at future anniversaries.
v. Recapture of reinsurance will not be allowed on any policy for which the Ceding Company did not keep its Maximum Dollar Retention Limit at issue. Recapture for a policy may occur at different times because of different duration requirements under various reinsurance agreements. For a policy subject to recapture from the Reinsurer that has met the duration requirement in clause (b) above, the revised Reinsured Net Amount at Risk shall be determined using The Ceding Company's Retained Share as if the ’s Maximum Dollar Retention Limits are stated in Section 3 of Schedule A.
vi. If any policy were eligible for recapture is also eligible for recapture from all reinsurers who have a share of other reinsurers, the risk reduction in the Reinsurer’s reinsurance on that policy (or who had a share of risk on that policy prior will be in proportion to an earlier recapture). For a policy not yet subject to recapture from the Reinsurer because of an unattained duration requirement, Reinsured Net Amount at Risk will continue being determined using Ceding Company's Retained Share as provided for in Exhibit A as if the policy were not eligible for recapture by any of the reinsurers who have or had a share of the risk on the policy. The total amount of reinsurance eligible for recapture is based on the Net Amount at Risk as of the date of recapturelife with all reinsurers.
vii. For a policy issued as a result of an exchange or conversion, the policy date and current duration of the new policy and the recapture provisions under this Agreement will be used. Following the effective date of recapture, the Reinsurer Recapture will not be liable for made on a basis that may result in any reinsured policies or portions of such reinsured policies eligible for recapture that anti-selection against the Ceding Company Reinsurer. The Reinsurer maintains the discretion to determine when anti-selection has overlooked inadvertently. If the Ceding Company transfers business that is reinsured under this Agreement to a successor ceding company, then the successor ceding company has the option to recapture the reinsurance in accordance with the recapture criteria outlined in this Article, but only if the successor ceding company has or adopts a higher maximum retention limit than that applicable to the block of business subject to recaptureoccurred.
Appears in 2 contracts
Sources: Yearly Renewable Term Reinsurance Agreement (American National Variable Life Separate Account), Yearly Renewable Term Reinsurance Agreement (National Variable Life Insurance Account)
Recapture. 12.1 Whenever 1. If the Ceding Company, pursuant to Article 11, CEDING COMPANY increases its regular retention limits over the retention limits set forth in Exhibit A − Retention Limits of the Ceding Companylimits, the Ceding Company it has the option of reducing reinsurance under this Agreement, provided it:
a. applies the increase in retention in a consistent manner to recapture certain risk amounts. If the Ceding Company has maintained its stated retention for the plan and the insured's age, sex, and mortality classification on an automatic risk, or at least the lesser all categories of its Per Life Retention Limit or [*] on a facultative risk, it may apply regular retention limits;
b. notifies the REINSURER in writing of its increased retention limits intention to reduce start the amount of reinsurance in force as follows:
(a) The Ceding Company must give the Reinsurer recapture process within ninety (90) days written notice prior to its intended after the effective date of the increase in retention; and
c. reduces all reinsurance eligible for recapture, including any supplementary benefits.
(b) The reduction of 2. If the CEDING COMPANY decides to recapture, then it can recapture those risks where:
a. the CEDING COMPANY has kept its maximum retention limit on that life for the plan, age and mortality rating at the time the policy was issued as shown in Exhibit C; and
b. the reinsurance on affected policies will become effective on the policy anniversary date immediately following the notice of election to recapture; however, no reduction will be made until a policy that risk has been in force with the REINSURER for a duration of at least [*].the number of years stated in Exhibit D.
(c) If any reinsured policy is recaptured, all reinsured policies eligible for recapture under the provisions of this Article must be recaptured up to the Ceding Company's new retention limits in a consistent manner and the Ceding Company must increase its total amount of insurance retained on each reinsured life3. The Ceding Company may not revoke its election to CEDING COMPANY will effect the recapture for policies becoming eligible at future anniversaries. Recapture for a policy may occur at different times because of different duration requirements under various as follows:
a. The CEDING COMPANY will reduce the reinsurance agreements. For a policy subject to recapture from on the Reinsurer that has met policy’s next anniversary following the duration requirement period stated in clause (b) above, the revised Reinsured Net Amount at Risk shall be determined using Ceding Company's Retained Share as if the policy were eligible for recapture from all reinsurers who have a Exhibit D.
b. The REINSURER’s share of the risk on that policy (or who had a share of risk on that policy prior reduction will be in proportion to an earlier recapture). For a policy not yet subject to recapture from the Reinsurer because of an unattained duration requirement, Reinsured Net Amount at Risk will continue being determined using Ceding Company's Retained Share as provided for in Exhibit A as if the policy were not eligible for recapture by any of the reinsurers who have or had a its share of the risk total reinsurance on the policy. person.
c. The CEDING COMPANY will reduce the reinsurance by an amount equal to the difference between the CEDING COMPANY’s new retention per life and the retention in existence at the time the policy was issued or last recaptured.
d. If there is an active claim for waiver of reinsurance eligible for recapture is based premium disability on the Net Amount at Risk as of the date of recapture. For a policy issued as a result of an exchange or conversionthat person, the policy date and current duration life reinsurance will be recaptured, but the claim will remain with the REINSURER until it terminates, at which time the disability insurance will also be recaptured.
4. If the CEDING COMPANY overlooks the recapture of the new policy any reinsurance and the recapture provisions under this Agreement will be used. Following the effective date of recaptureREINSURER subsequently accepts reinsurance premiums on such reinsurance, the Reinsurer REINSURER will not only be liable for the refund of unearned premiums, less any reinsured policies or portions of such reinsured policies eligible for recapture that the Ceding Company has overlooked inadvertently. If the Ceding Company transfers business that is reinsured under this Agreement to a successor ceding companyallowances and premiums taxes if applicable, then the successor ceding company has the option to recapture the reinsurance in accordance with the recapture criteria outlined in this Article, but only if the successor ceding company has or adopts a higher maximum retention limit than that applicable to the block of business subject to recapturewithout interest.
Appears in 2 contracts
Sources: Reinsurance Agreement, Reinsurance Agreement (Life Investors Variable Life Account A)
Recapture. 12.1 Whenever the Ceding Company, pursuant to Article 11, increases its retention limits over the retention limits set forth in Exhibit A − Retention Limits of the Ceding Company, the Ceding Company has the option to recapture certain risk amounts. If the Ceding Company has maintained its stated retention for the plan and the insured's age, sex, and mortality classification on an automatic risk, or at least the lesser of its Per Life Retention Limit or [*] on a facultative risk, it may apply its increased retention limits to reduce the amount of reinsurance in force as follows:
(a) The Ceding Company must give the Reinsurer ninety (90) days written notice prior to its intended date of recapture.
(b) The reduction of reinsurance on affected policies will become effective on the policy anniversary date immediately following the notice of election to recapture; however, no reduction will be made until a policy has been in force for a duration of at least [*].
(c) If any reinsured policy is recaptured, all reinsured policies eligible for recapture under the provisions of this Article must be recaptured up to the Ceding Company's new retention limits in a consistent manner and the Ceding Company must increase its total amount of insurance retained on each reinsured life. The Ceding Company may not revoke its election to recapture for policies becoming eligible at future anniversaries. For the sake of clarity, the increased retention limits used as a basis to reduce the amount of reinsurance in force may be the result of an increase in the Ceding Company's Per Life Retention, an increase to the [*] quota share retention rate outlined in Exhibit A, or both. Recapture for a policy may occur at different times because of different duration requirements under various reinsurance agreements. For a policy subject to recapture from the Reinsurer that has met the duration requirement in clause (b) above, the revised Reinsured Net Amount at Risk shall be determined using Ceding Company's Retained Share as if the policy were eligible for recapture from all reinsurers who have a share of the risk on that policy (or who had a share of risk on that policy prior to an earlier recapture). For a policy not yet subject to recapture from the Reinsurer because of an unattained duration requirement, Reinsured Net Amount at Risk will continue being determined using Ceding Company's Retained Share as provided for in Exhibit A as if the policy were not eligible for recapture by any of the reinsurers who have or had a share of the risk on the policy. The amount of reinsurance eligible for recapture is based on the Net Amount at Risk as of the date of recapture. For a policy issued as a result of an exchange or conversion, the policy date and current duration of the new policy and the recapture provisions under this Agreement will be used. 18 Following the effective date of recapture, the Reinsurer will not be liable for any reinsured policies or portions of such reinsured policies eligible for recapture that the Ceding Company has overlooked inadvertently. If the Ceding Company transfers business that is reinsured under this Agreement to a successor ceding company, then the successor ceding company has the option to recapture the reinsurance in accordance with the recapture criteria outlined in this Article, but only if the successor ceding company has or adopts a higher maximum retention limit than that applicable to the block of business subject to recapture.
Appears in 2 contracts
Sources: Reinsurance Agreement (Riversource Variable Life Separate Account), Reinsurance Agreement (Riversource of New York Account 8)
Recapture. 12.1 Whenever the Ceding Company, pursuant to Article 11, increases its retention limits over the retention limits set forth in Exhibit A − - Retention Limits of the Ceding Company, the Ceding Company has the option to recapture certain risk amounts. If the Ceding Company has maintained its maximum stated retention for the plan and the insured's age, sex, and mortality classification on an automatic risk, or at least the lesser of its Per Life Retention Limit or [*percentage] on a facultative risk, it may apply its increased retention limits to reduce the amount of reinsurance in force as follows:
(a) The Ceding Company must give the Reinsurer ninety (90) days written notice prior to its intended date of recapture.
(b) The reduction of reinsurance on affected policies will become effective on the policy anniversary date immediately following the notice of election to recapture; however, no reduction will be made until a policy has been in force for a duration of at least [*]number] years.
(c) If any reinsured policy is recaptured, all reinsured policies eligible for recapture under the provisions of this Article must be recaptured up to the Ceding Company's new retention limits in a consistent manner and the Ceding Company must increase its total amount of insurance retained on each reinsured life. The Ceding Company may not revoke its election to recapture for policies becoming eligible at future anniversaries. Recapture for a policy may occur at different times because of different duration requirements under various reinsurance agreements. For a policy subject to recapture from the Reinsurer that has met the duration requirement in clause (b) above, the revised Reinsured Net Amount at Risk shall be determined using Ceding Company's Retained Share as if the policy were eligible for recapture from all reinsurers who have a share of the risk on that policy (or who had a share of risk on that policy prior to an earlier recapture). For a policy not yet subject to recapture from the Reinsurer because of an unattained duration requirement, Reinsured Net Amount at Risk will continue being determined using Ceding Company's Retained Share as provided for in Exhibit A as if the policy were not eligible for recapture by any of the reinsurers who have or had a share of the risk on the policy. The amount of reinsurance eligible for recapture is based on the Net Amount at Risk as of the date of recapture. For a policy issued as a result of an exchange or conversiona fully-underwritten exchange, the policy date and current duration of the new policy and the recapture provisions under this Agreement will be used. Following the effective date of recapture, the Reinsurer will not be liable for any reinsured policies or portions of such reinsured policies eligible for recapture that the Ceding Company has overlooked inadvertently. IDSL-NY VUL4/LP Select Treaty 19 If the Ceding Company transfers business that is reinsured under this Agreement to a successor ceding company, then the successor ceding company has the option to recapture the reinsurance in accordance with the recapture criteria outlined in this Article, but only if the successor ceding company has or adopts a higher maximum retention limit than that applicable to the block of business subject to recapture.
Appears in 2 contracts
Sources: Reinsurance Agreement (Ids Life of New York Account 8), Reinsurance Agreement (Ids Life of New York Account 8)
Recapture. 12.1 Whenever the Ceding Company, pursuant to Article 11, increases its retention limits over the retention limits set forth in Exhibit A − Retention Limits of the Ceding Company, the Ceding The Company has the option to recapture certain risk amounts. If the Ceding Company has maintained its stated retention for the plan and the insured's age, sex, and mortality classification on an automatic risk, or at least the lesser of its Per Life Retention Limit or [*] on a facultative risk, it may apply its increased retention limits to reduce the benefit amount of reinsurance in force as followsReinsured Policies provided:
(a) 7.2.1 The Ceding Company must give gives the Reinsurer ninety (90) days written notice prior of its intention to its intended recapture within 90 days of the effective date of recapture.the retention increase; and
(b) The reduction of reinsurance on affected policies will become effective 7.2.2 Such recaptures are made on the policy next anniversary date immediately following the notice of election to recapture; however, each Reinsured Policy affected and with no reduction will be recapture being made until a policy the Reinsured Policy has been in force for the period stated in Exhibit C. For a conversion policy or re-entry, the recapture terms of the original policy will apply and the duration for the recapture period will be measured from the effective date of the original policy; and
7.2.3 The Company has maintained from the time the policy was issued, its full retention as set out in Exhibit D for the plan and the insured's classification. Reinsured policies on a first dollar quota share basis will not be eligible for recapture; and
7.2.4 The Company has applied its increased Retention Limits in a consistent manner to all categories of its Retention Limits set out in Exhibit D unless otherwise agreed to by the Reinsurer. In applying its increased Retention Limits to Reinsured Policies, the age and mortality rating at least [*].
(c) If the time of issue will be used to determine the amount of the Company's increased retention. Recapture as provided herein is optional with the Company, but if any reinsured policy Reinsured Policy is recaptured, all reinsured policies Reinsured Policies eligible for recapture under the provisions of this Article must be recaptured up to the Ceding Company's new retention limits recaptured. If there is reinsurance in a consistent manner and the Ceding Company must increase its total amount of insurance retained other companies on each reinsured life. The Ceding Company may not revoke its election to recapture for policies becoming eligible at future anniversaries. Recapture for a policy may occur at different times because of different duration requirements under various reinsurance agreements. For a policy subject to recapture from the Reinsurer that has met the duration requirement in clause (b) above, the revised Reinsured Net Amount at Risk shall be determined using Ceding Company's Retained Share as if the policy were risks eligible for recapture from all reinsurers who have a share of the risk on that policy (or who had a share of risk on that policy prior to an earlier recapture). For a policy not yet subject to recapture from the Reinsurer because of an unattained duration requirement, Reinsured Net Amount at Risk will continue being determined using Ceding Company's Retained Share as provided for in Exhibit A as if the policy were not eligible for recapture by any of the reinsurers who have or had a share of the risk on the policy. The amount of reinsurance eligible for recapture is based on the Net Amount at Risk as of the date of recapture. For a policy issued as a result of an exchange or conversion, the policy date and current duration of the new policy and the recapture provisions under this Agreement will be used. Following the effective date of recapture, the Reinsurer will not necessary reduction is to be liable for any reinsured policies or portions of such reinsured policies eligible for recapture that the Ceding Company has overlooked inadvertently. If the Ceding Company transfers business that is reinsured under this Agreement to a successor ceding company, then the successor ceding company has the option to recapture the reinsurance in accordance with the recapture criteria outlined in this Article, but only if the successor ceding company has or adopts a higher maximum retention limit than that applicable applied pro rata to the block of business subject to recapture.total outstanding
Appears in 2 contracts
Sources: Automatic Self Administered Yrt Reinsurance Agreement (American Family Variable Account I), Automatic Self Administered Yrt Reinsurance Agreement (Carillon Life Account)
Recapture. 12.1 Whenever the The Ceding Company, pursuant to Article 11, increases Company may increase its maximum retention limits over the maximum retention limits set forth in Exhibit A − Retention Limits I and therefore "Recapture" a portion of the Ceding Companyreinsured risk if the following conditions have been met.
1. Reinsured Polices are not eligible for Recapture until the end of thirty (30) years, the Ceding Company has the option to recapture certain risk amountsmeasured from each such Reinsured Policy's effective date.
2. If the Ceding Company has maintained its stated retention for the plan and the insured's age, sex, and mortality classification on an automatic risk, or at least the lesser of its Per Life Retention Limit or [*] on a facultative risk, it may apply its increased retention limits to reduce the amount of reinsurance in force as follows:
(a) The Ceding Company must give the Reinsurer Generali USA ninety (90) days written notice prior to its intended date of the commencement of recapture.
(b) 3. The Recapture must occur in conjunction with an increase in the Ceding Company's maximum amount on its schedule of retention. For a Reinsured Policy, if the Ceding Company has maintained its maximum retention for the plan of insurance and the insured's issue age, sex, and mortality classification, it may apply its increased retention limits to that Reinsured Policy to reduce the amount of reinsurance in force.
4. The reduction of reinsurance on affected policies will become effective on the policy anniversary date immediately following the notice of election to recapture; however, no reduction will be made until a policy has been in force for a duration of at least [*].
(c) 5. If any reinsured policy is recapturedrecaptured in accordance with this Article, all reinsured policies similarly situated Reinsured Policies eligible for recapture under the provisions of this Article must be recaptured up to the Ceding Company's new maximum retention limits limits. Such recapture must be done in a consistent manner and the Ceding Company must increase its total amount of insurance retained on each reinsured lifelife that is eligible. The Ceding Company may not revoke its election to recapture for policies becoming eligible at future anniversaries.
6. Recapture for a policy may occur at different times because of different duration requirements under various reinsurance agreements. For a policy subject to recapture from the Reinsurer that has met the duration requirement in clause (b) above, the revised Reinsured Net Amount at Risk shall be determined using Ceding Company's Retained Share as if the policy were eligible for recapture from all reinsurers who have a share of the risk on that policy (or who had a share of risk on that policy prior to an earlier recapture). For a policy not yet subject to recapture from the Reinsurer because of an unattained duration requirement, Reinsured Net Amount at Risk will continue being determined using Ceding Company's Retained Share as provided for in Exhibit A as if the policy were not eligible for recapture by any of the reinsurers who have or had a share of the risk on the policy. The amount of reinsurance eligible for recapture is based on the Net Amount at Risk as of the date of recapture. For a policy issued as a result of an exchange or conversion, the policy date and current duration of the new policy and the recapture provisions under If this Agreement will be used. Following utilizes a "quota share" method of allocating the effective date of recapture, the Reinsurer will not be liable for any reinsured policies or portions of such reinsured policies eligible for recapture that risk and the Ceding Company has overlooked inadvertently. If recaptures a portion of the Ceding Company transfers business that is reinsured under this Agreement risk, it must apply the same percentage ceded to a successor ceding company, then each reinsurer when determining the successor ceding company has the option amount to recapture the reinsurance in accordance with the recapture criteria outlined in this Article, but only if the successor ceding company has or adopts a higher maximum retention limit than that applicable to the block of business subject to recapturebe recaptured.
Appears in 2 contracts
Sources: Reinsurance Agreement (Jackson National Separate Account Iv), Reinsurance Agreement (Jackson National Separate Account Iv)
Recapture. 12.1 Whenever Reinsured policies will not be eligible for recapture due solely to an increase in the Ceding Company, pursuant ’s quota share percentage retained. The Company may apply an increase in its Retention Limit to Article 11, increases its retention limits over reduce the retention limits set forth in Exhibit A − Retention Limits ceded amount of the Ceding Company, the Ceding Company has the option to recapture certain risk amounts. If the Ceding Company has maintained its stated retention for the plan and the insured's age, sex, and mortality classification inforce reinsurance ceded on an automatic riskbasis provided, or at least the lesser of its Per Life Retention Limit or [*] on a facultative riskhowever, it may apply its increased retention limits to reduce the amount of reinsurance in force as followsthat:
(a) The Ceding Company must give gives the Reinsurer ninety (90) days an irrevocable written notice prior to of its intended date of recapture.
(b) The reduction of reinsurance on affected policies will become effective on the policy anniversary date immediately following the notice of election intention to recapture; however, no reduction and
b) Recapture will be effected on the next anniversary of each Reinsured Policy eligible for recapture unless agreed otherwise by both parties and with no recapture being made until a policy the Reinsured Policy has been in force for a duration of at least [*].
(c) If any reinsured policy is recaptured, all reinsured policies eligible for recapture under the provisions of this Article must be recaptured up to the Ceding Company's new retention limits period specifi ed in a consistent manner and the Ceding Company must increase its total amount of insurance retained on each reinsured life. The Ceding Company may not revoke its election to recapture for policies becoming eligible at future anniversaries. Recapture for a policy may occur at different times because of different duration requirements under various reinsurance agreementsExhibit C-1. For a conversion or re-entry, the recapture terms of the original policy subject to will apply and the duration for the recapture period will be measured from the Reinsurer that effective date of the original policy; and
c) The Company has met maintained, from the duration requirement time the policy was issued, its quota share retention as set out in clause (b) aboveExhibit D, and has applied its increased Retention Limit to all categories set out in Exhibit D. In applying its increased Retention Limit to Reinsured Policies, the revised Reinsured Net Amount age and mortality rating at Risk shall the time of issue will be determined using Ceding Company's Retained Share as if used to determine the policy were eligible for recapture from all reinsurers who have a share amount of the risk on that policy (or who had a share of risk on that policy prior to an earlier recapture). For a policy not yet subject to recapture from the Reinsurer because of an unattained duration requirement, Reinsured Net Amount at Risk will continue being determined using Ceding Company's Retained Share as provided for in Exhibit A as if the policy were not eligible for recapture by any of the reinsurers who have or had a share of the risk on the policy’s increased retention. The amount of reinsurance eligible for recapture is based will be the difference between the amount originally retained and the amount the Company would have retained on the Net Amount same quota share basis had the new retention been in effect at Risk the time of issue. If there is reinsurance with other reinsurers on risks eligible for recapture, the reduction will be applied pro rata to the total outstanding reinsurance. Recapture is optional, but if any reinsured business is recaptured, all eligible reinsured business must be recaptured. In addition, all life risks reinsured under any other simil arly underwritten COLI or B▇▇▇ reinsurance agreement between the Reinsurer and the Company which are eligible for recapture must be similarly recaptured. No reserves for the recaptured business will be paid to the Company by the Reinsurer. I414849US-12 (11-01-2011) QT#04028US11 (COLI & B▇▇▇) Effective as of the date of recapture. For a policy issued as a result of an exchange or conversion, the policy date and current duration of the new policy and the recapture provisions under this Agreement will be used. Following the effective date of recapturedate, the Reinsurer will not be liable liab le for any reinsured policies eligi ble business which was overlooked. The parties’ obliga tions for any recaptured business will be limited to those relating to events or portions cir cumstances arising or occurring before the recapture date, including payment of such reinsured policies eligible for recapture that the Ceding Company has overlooked inadvertentlytermination settlement amount. If the Ceding Company transfers business that is reinsured Upon recapture, each party will be deemed to be fully and finally released from all obligations under this Agreement to a successor ceding company, then the successor ceding company has the option to recapture the reinsurance in accordance with the recapture criteria outlined in this Article, but only if the successor ceding company has or adopts a higher maximum retention limit than that applicable respect to the block of business subject to recapture.recaptured business. I414849US-12 (11-01-2011) QT#04028US11 (COLI & B▇▇▇)
Appears in 2 contracts
Sources: Reinsurance Agreement (Nationwide Vli Separate Account 4), Reinsurance Agreement (Nationwide Vli Separate Account 4)
Recapture. 12.1 Whenever the Ceding Company, pursuant to Article 11, increases The Company may apply an increase in its retention limits over the retention limits set forth in Exhibit A − Retention Limits of the Ceding Company, the Ceding Company has the option to recapture certain risk amounts. If the Ceding Company has maintained its stated retention for the plan and the insured's age, sex, and mortality classification on an automatic risk, or at least the lesser of its Per Life Retention Limit or [*] on a facultative risk, it may apply its increased retention limits to reduce the ceded amount of inforce reinsurance in force as followsprovided, however, that:
(a) The Ceding Company must give gives the Reinsurer ninety (90) days an irrevocable written notice prior of its intention to its intended recapture within one year after the effective date of recapture.the increase in its Retention Limit; and
(b) The reduction of reinsurance on affected policies Recapture will become effective be effected on the policy next anniversary date immediately following the notice of election to recapture; however, each Reinsured Policy eligible for recapture unless agreed otherwise by both parties and with no reduction will be recapture being made until a policy the Reinsured Policy has been in force for a duration of at least [*].
(c) If any reinsured policy is recaptured, all reinsured policies eligible for recapture under the provisions of this Article must be recaptured up to the Ceding Company's new retention limits period specified in a consistent manner and the Ceding Company must increase its total amount of insurance retained on each reinsured life. The Ceding Company may not revoke its election to recapture for policies becoming eligible at future anniversaries. Recapture for a policy may occur at different times because of different duration requirements under various reinsurance agreementsExhibit C-1. For a conversion or re-entry, the recapture terms of the original policy subject to will apply and the duration for the recapture period will be measured from the Reinsurer that effective date of the original policy; and
c) The Company has met maintained, from the duration requirement time the policy was issued, its quota share retention as set out in clause (bExhibit D, and has applied its increased Retention Limit to all categories set out in Exhibit D; and
d) aboveOther than as respects catastrophe or financial reinsurance arrangements, the revised Reinsured Net Amount at Risk shall be determined using Ceding Company's Retained Share as Company will retain all recaptured risks. No recapture will occur if the policy were eligible Company has either obtained or increased stop loss reinsurance coverage as justification for recapture from all reinsurers who have a share the increase in retention. In applying its increased Retention Limit to Reinsured Policies, the age and mortality rating at the time of issue will be used to determine the amount of the risk on that policy (or who had a share of risk on that policy prior to an earlier recapture). For a policy not yet subject to recapture from the Reinsurer because of an unattained duration requirement, Reinsured Net Amount at Risk will continue being determined using Ceding Company's Retained Share as provided for in Exhibit A as if the policy were not eligible for recapture by any of the reinsurers who have or had a share of the risk on the policy’s increased retention. The amount of reinsurance eligible for recapture is based will be the difference between the amount originally retained and the amount the Company would have retained on the Net Amount same quota share basis had the new retention been in effect at Risk the time of issue. If there is reinsurance with other reinsurers on risks eligible for recapture, the reduction will be applied pro rata to the total outstanding reinsurance. Recapture is optional, but if any reinsured business is recaptured, all eligible reinsured business must be recaptured. In addition, all life risks reinsured under any other reinsurance agreement between the Reinsurer and the Company which are eligible for recapture must be similarly recaptured. Any successor of the Company will have the option to recapture reinsurance in accordance with this Article, provided that the successor company has or adopts a higher retention limit than previously used by the Company. If the Company elects to terminate reinsurance under this Article, a termination settlement will be made according to the terms specified in the Business Transfer Events provision of Exhibit C-1, but will not include amounts specified in12(d) of that provision. Effective as of the date of recapture. For a policy issued as a result of an exchange or conversion, the policy date and current duration of the new policy and the recapture provisions under this Agreement will be used. Following the effective date of recapturedate, the Reinsurer will not be liable for any reinsured policies eligible business which was overlooked. The parties’ obligations for any recaptured business will be limited to those relating to events or portions circumstances arising or occurring before the recapture date, including payment of such reinsured policies eligible for recapture that the Ceding Company has overlooked inadvertentlytermination settlement amount. If Upon payment of the Ceding Company transfers business that is reinsured termination settlement amount, each party will be deemed to be fully and finally released from all obligations under this Agreement to a successor ceding company, then the successor ceding company has the option to recapture the reinsurance in accordance with the recapture criteria outlined in this Article, but only if the successor ceding company has or adopts a higher maximum retention limit than that applicable respect to the block of business subject to recapturerecaptured business.
Appears in 2 contracts
Sources: Reinsurance Agreement, Reinsurance Agreement (Thrivent Variable Life Account I)
Recapture. 12.1 Whenever Reinsured policies will not be eligible for recapture due solely to an increase in the Ceding Company, pursuant ’s quota share percentage retained. The Company may apply an increase in its Retention Limit to Article 11, increases its retention limits over reduce the retention limits set forth in Exhibit A − Retention Limits ceded amount of the Ceding Company, the Ceding Company has the option to recapture certain risk amounts. If the Ceding Company has maintained its stated retention for the plan and the insured's age, sex, and mortality classification inforce reinsurance ceded on an automatic riskbasis provided, or at least the lesser of its Per Life Retention Limit or [*] on a facultative riskhowever, it may apply its increased retention limits to reduce the amount of reinsurance in force as followsthat:
(a) The Ceding Company must give gives the Reinsurer ninety (90) days an irrevocable written notice prior to of its intended date of recapture.
(b) The reduction of reinsurance on affected policies will become effective on the policy anniversary date immediately following the notice of election intention to recapture; however, no reduction and
b) Recapture will be effected on the next anniversary of each Reinsured Policy eligible for recapture unless agreed otherwise by both parties and with no recapture being made until a policy the Reinsured Policy has been in force for a duration of at least [*].
(c) If any reinsured policy is recaptured, all reinsured policies eligible for recapture under the provisions of this Article must be recaptured up to the Ceding Company's new retention limits period specifi ed in a consistent manner and the Ceding Company must increase its total amount of insurance retained on each reinsured life. The Ceding Company may not revoke its election to recapture for policies becoming eligible at future anniversaries. Recapture for a policy may occur at different times because of different duration requirements under various reinsurance agreementsExhibit C-1. For a conversion or re-entry, the recapture terms of the original policy subject to will apply and the duration for the recapture period will be measured from the Reinsurer that effective date of the original policy; and
c) The Company has met maintained, from the duration requirement time the policy was issued, its quota share retention as set out in clause (b) aboveExhibit D, and has applied its increased Retention Limit to all categories set out in Exhibit D. In applying its increased Retention Limit to Reinsured Policies, the revised Reinsured Net Amount age and mortality rating at Risk shall the time of issue will be determined using Ceding Company's Retained Share as if used to determine the policy were eligible for recapture from all reinsurers who have a share amount of the risk on that policy (or who had a share of risk on that policy prior to an earlier recapture). For a policy not yet subject to recapture from the Reinsurer because of an unattained duration requirement, Reinsured Net Amount at Risk will continue being determined using Ceding Company's Retained Share as provided for in Exhibit A as if the policy were not eligible for recapture by any of the reinsurers who have or had a share of the risk on the policy’s increased retention. The amount of reinsurance eligible for recapture is based will be the difference between the amount originally retained and the amount the Company would have retained on the Net Amount same quota share basis had the new retention been in effect at Risk the time of issue. If there is reinsurance with other reinsurers on risks eligible for recapture, the reduction will be applied pro rata to the total outstanding reinsurance. Recapture is optional, but if any reinsured business is recaptured, all eligible reinsured business must be recaptured. In addition, all life risks reinsured under any other simil arly underwritten COLI or B▇▇▇ reinsurance agreement between the Reinsurer and the Company which are eligible for recapture must be similarly recaptured. No reserves for the recaptured business will be paid to the Company by the Reinsurer. I414848US-12 (11-01-2011) QT#04028US11 (COLI & B▇▇▇) Effective as of the date of recapture. For a policy issued as a result of an exchange or conversion, the policy date and current duration of the new policy and the recapture provisions under this Agreement will be used. Following the effective date of recapturedate, the Reinsurer will not be liable liab le for any reinsured policies eligi ble business which was overlooked. The parties’ obliga tions for any recaptured business will be limited to those relating to events or portions cir cumstances arising or occurring before the recapture date, including payment of such reinsured policies eligible for recapture that the Ceding Company has overlooked inadvertentlytermination settlement amount. If the Ceding Company transfers business that is reinsured Upon recapture, each party will be deemed to be fully and finally released from all obligations under this Agreement to a successor ceding company, then the successor ceding company has the option to recapture the reinsurance in accordance with the recapture criteria outlined in this Article, but only if the successor ceding company has or adopts a higher maximum retention limit than that applicable respect to the block of business subject to recapture.recaptured business. I414848US-12 (11-01-2011) QT#04028US11 (COLI & B▇▇▇)
Appears in 2 contracts
Sources: Reinsurance Agreement (Nationwide Vli Separate Account 4), Reinsurance Agreement (Nationwide Vli Separate Account 4)
Recapture. 12.1 Whenever the Ceding Company, pursuant to Article 11, increases its retention limits over the retention limits set forth in Exhibit A − Retention Limits of the Ceding Company, the Ceding The Company has the option to recapture certain risk amounts. If the Ceding Company has maintained its stated retention for the plan and the insured's age, sex, and mortality classification on an automatic risk, or at least the lesser of its Per Life Retention Limit or [*] on a facultative risk, it may apply its increased retention limits to reduce the benefit amount of reinsurance in force as followsReinsured Policies provided:
(a) 7.2.1 The Ceding Company must give gives the Reinsurer ninety (90) days written notice prior of its intention to its intended recapture with 90 days of the effective date of recapture.the retention increase; and
(b) The reduction of reinsurance on affected policies will become effective 7.2.2 Such recaptures are made on the policy next anniversary date immediately following the notice of election to recapture; however, each Reinsured Policy a affected and with no reduction will be recapture being made until a policy the Reinsured Policy has been in force for the period stated in Exhibit C. For a conversion policy or re-entry, the recapture terms of the original policy will apply and the duration for the recapture period will be measured from the effective date of the original policy; and
7.2.3 The Company has maintained from the time the policy was issued, its full retention as set out in Exhibit D for the plan and the insured's classification. Reinsured policies on a first dollar quota share basis will not be eligible for Recapture; and
7.2.4 The company has applied its increased Retention Limits in a consistent manner to all categories of its Retention Limits set out Exhibit D unless otherwise agreed to by the Reinsurer. In applying its increased Retention Limits to Reinsured Policies, the age and mortality rating at least [*].
(c) If the time of issue will be used to determine the amount of the Company's increased retention. Recapture as provided herein is optional with the Company, but if any reinsured policy Reinsured Policy is recaptured, all reinsured policies Reinsured Policies eligible for recapture under the provisions provision of this Article must be recaptured up recaptured. If there is reinsurance to be applied prorate to the Ceding Company's new retention limits in a consistent manner and the Ceding Company must increase its total amount of insurance retained on each reinsured life. The Ceding Company may not revoke its election to recapture for policies becoming eligible at future anniversaries. Recapture for a policy may occur at different times because of different duration requirements under various reinsurance agreements. For a policy subject to recapture from the Reinsurer that has met the duration requirement in clause (b) above, the revised Reinsured Net Amount at Risk shall be determined using Ceding Company's Retained Share as if the policy were eligible for recapture from all reinsurers who have a share of the risk on that policy (or who had a share of risk on that policy prior to an earlier recapture). For a policy not yet subject to recapture from the Reinsurer because of an unattained duration requirement, Reinsured Net Amount at Risk will continue being determined using Ceding Company's Retained Share as provided for in Exhibit A as if the policy were not eligible for recapture by any of the reinsurers who have or had a share of the risk on the policyoutstanding reinsurance. The amount of reinsurance eligible for recapture is based on the Net Amount reinsurance net amount at Risk risk as of the date of recapture. For The Company may not recapture reinsurance if the Company his either obtained or increased stop loss reinsurance coverage as justification for the increase in retention. If there is a policy issued as a result Waiver of an exchange or conversionPremium (W.P.) claim in effect when recapture takes place, the policy date and current duration of the new policy and the recapture provisions under this Agreement W.P. claim will be usedstay in effect until W.P. claim terminates. Following the effective date of recapture, the The Reinsurer will not be liable for any reinsured policies other benefits, including the basic life risk, that are eligible for recapture. All such eligible benefits will be recaptured as if there was no W.P. claim. The Reinsurer will not be liable, after the effective date of recapture, for any Reinsured Policies or portions of such reinsured policies Reinsured Policies eligible for recapture recapture, that the Ceding Company has overlooked inadvertentlyoverlooked. The Reinsurer will be liable only for a credit of the premiums, received after the recapture date, less any allowance. The terms and conditions for the Company to recapture in force Reinsured Policies due to the insolvency of the Reinsurer are set out in the Insolvency clause in Article 11. If the Ceding Company transfers business that which is reinsured under this Agreement to a successor ceding company, then the successor ceding company has the option to recapture the reinsurance reinsurance, in accordance with the recapture criteria outlined in this Article, but only if the successor ceding company has or adopts a higher maximum retention limit than that applicable to the block of business subject to recaptureCompany.
Appears in 2 contracts
Sources: Reinsurance Agreement (Llac Variable Account), Reinsurance Agreement (Llac Variable Account)
Recapture. 12.1 Whenever the Ceding Company, pursuant to Article 11, increases The Company may apply an increase in its retention limits over the retention limits set forth in Exhibit A − Retention Limits of the Ceding Company, the Ceding Company has the option to recapture certain risk amounts. If the Ceding Company has maintained its stated retention for the plan and the insured's age, sex, and mortality classification on an automatic risk, or at least the lesser of its Per Life Retention Limit or [*] on a facultative risk, it may apply its increased retention limits to reduce the ceded amount of inforce reinsurance in force as followsprovided that:
(a) The Ceding Company must give gives the Reinsurer ninety (90) days irrevocable written notice prior to of its intended date of recapture.
(b) The reduction of reinsurance on affected policies will become effective on the policy anniversary date immediately following the notice of election intention to recapture; however, no reduction and
b) Recapture will be effected on the next anniversary of each Reinsured Policy eligible for recapture unless agreed otherwise by both parties and with no recapture being made until a policy the Reinsured Policy has been in force for a duration of at least [*].
(c) If any reinsured policy is recaptured, all reinsured policies eligible for recapture under the provisions of this Article must be recaptured up to the Ceding Company's new retention limits period specified in a consistent manner and the Ceding Company must increase its total amount of insurance retained on each reinsured life. The Ceding Company may not revoke its election to recapture for policies becoming eligible at future anniversaries. Recapture for a policy may occur at different times because of different duration requirements under various reinsurance agreementsExhibit C-1. For a conversion or re-entry, the recapture terms of the original policy subject to will apply and the duration for the recapture period will be measured from the Reinsurer that effective date of the original policy; and
c) The Company has met maintained, from the duration requirement time the policy was issued, its full retention as set out in clause (b) aboveExhibit D, and has applied its increased Retention Limit to all categories set out in Exhibit D. In applying its increased Retention Limit to Reinsured Policies, the revised Reinsured Net Amount age and mortality rating at Risk shall the time of issue will be determined using Ceding Company's Retained Share as if used to determine the policy were eligible for recapture from all reinsurers who have a share amount of the risk on that policy (or who had a share of risk on that policy prior to an earlier recapture). For a policy not yet subject to recapture from the Reinsurer because of an unattained duration requirement, Reinsured Net Amount at Risk will continue being determined using Ceding Company's Retained Share as provided for in Exhibit A as if the policy were not eligible for recapture by any of the reinsurers who have or had a share of the risk on the policy’s increased retention. The amount of reinsurance eligible for recapture is will be the difference between the amount originally retained and the amount the Company would have retained had the new retention been in effect at the time of issue. The amount of reinsurance eligible for recapture will be determined based on the Net Amount reinsurance net amount at Risk risk as of the date of recapture. For a policy issued as a result of an exchange or conversionIf there is reinsurance with other reinsurers on risks eligible for recapture, the policy date reduction will be applied pro rata to the total outstanding reinsurance. Recapture is optional, but if any reinsured business is recaptured, all eligible reinsured business must be recaptured. In addition, all life risks reinsured under any other reinsurance agreement between the Reinsurer and current duration the Company which are eligible for recapture must be similarly recaptured. No reserves for the recaptured business will be paid to the Company by the Reinsurer. 196474US-08 ml 20070727 (ODB#I02020US-08) 10 Any successor of the new policy and Company will have the option to recapture reinsurance in accordance with this Article, provided that the successor company has or adopts a higher Retention Limit than previously used by the Company. Effective as of the recapture provisions under this Agreement will be used. Following the effective date of recapturedate, the Reinsurer will not be liable for any reinsured policies eligible business which was overlooked. The parties’ obligations for any recaptured business will be limited to those relating to events or portions of such reinsured policies eligible for circumstances arising or occurring before the recapture that the Ceding Company has overlooked inadvertentlydate. If the Ceding Company transfers business that is reinsured Upon recapture, each party will be deemed to be fully and finally released from all obligations under this Agreement to a successor ceding company, then the successor ceding company has the option to recapture the reinsurance in accordance with the recapture criteria outlined in this Article, but only if the successor ceding company has or adopts a higher maximum retention limit than that applicable respect to the block of business subject to recapturerecaptured business.
Appears in 2 contracts
Sources: Reinsurance Agreement (Nationwide VL Separate Account-G), Reinsurance Agreement (Nationwide VL Separate Account-G)
Recapture. 12.1 Whenever the Ceding Company, pursuant to Article 11, increases its retention limits over the retention limits set forth in Exhibit A − Retention Limits of the Ceding Company, the Ceding Company has the option to recapture certain risk amounts. If the Ceding Company has maintained its stated retention for the plan and the insured's age, sex, and mortality classification on an automatic risk, or at least the lesser of its Per Life Retention Limit or [*] on a facultative risk, it may apply its increased retention limits to reduce the amount of reinsurance in force as follows:
(a) The Ceding Company must give the Reinsurer ninety (90) days written notice prior to its intended date of recapture.
(b) The reduction of reinsurance on affected policies will become effective on the policy anniversary date immediately following the notice of election to recapture; however, no reduction will be made until a policy has been in force for a duration of at least [*].
(c) If any reinsured policy is recaptured, all reinsured policies eligible for recapture under the provisions of this Article must be recaptured up to the Ceding Company's new retention limits in a consistent manner and the Ceding Company must increase its total amount of insurance retained on each reinsured life. The Ceding Company may not revoke its election to recapture for policies becoming eligible at future anniversaries. For the sake of clarity, the increased retention limits used as a basis to reduce the amount of reinsurance in force may be the result of an increase in the Ceding Company's Per Life Retention, an increase to the [*] quota share retention rate outlined in Exhibit A, or both. Recapture for a policy may occur at different times because of different duration requirements under various reinsurance agreements. For a policy subject to recapture from the Reinsurer that has met the duration requirement in clause (b) above, the revised Reinsured Net Amount at Risk shall be determined using Ceding Company's Retained Share as if the policy were eligible for recapture from all reinsurers who have a share of the risk on that policy (or who had a share of risk on that policy prior to an earlier recapture). For a policy not yet subject to recapture from the Reinsurer because of an unattained duration requirement, Reinsured Net Amount at Risk will continue being determined using Ceding Company's Retained Share as provided for in Exhibit A as if the policy were not eligible for recapture by any of the reinsurers who have or had a share of the risk on the policy. The amount of reinsurance eligible for recapture is based on the Net Amount at Risk as of the date of recapture. For a policy issued as a result of an exchange or conversion, the policy date and current duration of the new policy and the recapture provisions under this Agreement will be used. 18 Following the effective date of recapture, the Reinsurer will not be liable for any reinsured policies or portions of such reinsured policies eligible for recapture that the Ceding Company has overlooked inadvertentlyoverlooked. If the Ceding Company transfers business that is reinsured under this Agreement to a successor ceding company, then the successor ceding company has the option to recapture the reinsurance in accordance with the recapture criteria outlined in this Article, but only if the successor ceding company has or adopts a higher maximum retention limit than that applicable to the block of business subject to recapture.
Appears in 2 contracts
Sources: Reinsurance Agreement (Riversource of New York Account 8), Reinsurance Agreement (Riversource Variable Life Separate Account)
Recapture. 12.1 11.1 Whenever the Ceding Company, pursuant to Article 11, Company increases its maximum retention limits over the maximum retention limits set forth in Exhibit A − Retention Limits of the Ceding CompanyA, the Ceding Company has the option to recapture certain risk amounts. If the Ceding Company has maintained its maximum stated retention (not a special retention limit) for the plan and the insured's issue age, sex, and mortality classification on an automatic risk, or at least the lesser of its Per Life Retention Limit or [*] on a facultative riskclassification, it may apply its increased retention limits to reduce the amount of reinsurance in force as follows:.
(a) The Ceding Company must give the Reinsurer ninety MARC thirty (9030) days written notice prior to its intended date the commencement of recapture.
(b) The reduction of reinsurance on affected policies will become effective on the policy anniversary date immediately following the notice of election to recapture; however, no reduction will be made until a policy has been in force for a duration of at least [*].the number of years specified in Exhibit D.
(c) If any reinsured policy is recaptured, all reinsured policies eligible for recapture under the provisions of this Article must be recaptured up to the Ceding Company's new maximum retention limits in a consistent manner and the Ceding Company must increase its total amount of insurance retained on each reinsured life. The Ceding Company may not revoke its election to recapture for policies becoming eligible at future anniversaries. Recapture for a If portions of the reinsured policy may occur at different times because of different duration requirements under various reinsurance agreements. For a policy subject have been ceded to recapture from the Reinsurer that has met the duration requirement in clause (b) abovemore than one reinsurer, the revised Reinsured Net Amount at Risk shall be determined using Ceding Company's Retained Share Company must allocate the reduction in reinsurance so that the amount reinsured by each reinsurer after the reduction is proportionately the same as if the policy were eligible for recapture from all reinsurers who have a share new maximum dollar retention limits had been in effect at the time of the risk on that policy (or who had a share of risk on that policy prior to an earlier recapture). For a policy not yet subject to recapture from the Reinsurer because of an unattained duration requirement, Reinsured Net Amount at Risk will continue being determined using Ceding Company's Retained Share as provided for in Exhibit A as if the policy were not eligible for recapture by any of the reinsurers who have or had a share of the risk on the policyissue. The amount of reinsurance eligible for recapture is based on the Net Amount current amount at Risk risk as of the date of recapture. For a policy issued as a result of an exchange or exchange, conversion, or re-entry, the policy date and current duration recapture terms of the new reinsurance agreement covering the original policy will apply, and the duration period for the purpose of recapture provisions under this Agreement will be usedmeasured from the effective date of the reinsurance on the original policy. Following If there is a reinsured waiver of premium claim in effect when recapture takes place, MARC will continue to pay its share of the waiver claim until it terminates. MARC will not be liable for any other benefits, including the basic life risk, that are eligible for recapture. All such eligible benefits will be recaptured as if there were no waiver claim in effect. After the effective date of recapture, the Reinsurer MARC will not be liable for any reinsured policies or portions of such reinsured policies eligible for recapture that the Ceding Company has overlooked inadvertentlyoverlooked, provided however that MARC will be liable for a refund in full of any premium so received. If No recapture will be permitted if the Ceding Company transfers business that is reinsured under this Agreement to a successor ceding company, then has either obtained or increased stop loss reinsurance coverage as justification for the successor ceding company has the option to recapture the reinsurance increase in accordance with the recapture criteria outlined in this Article, but only if the successor ceding company has or adopts a higher maximum retention limit than that applicable to the block of business subject to recapturelimits.
Appears in 1 contract
Sources: Automatic Yrt Reinsurance Agreement (Jackson National Separate Account Iv)
Recapture. 12.1 Whenever the Ceding Company, pursuant to Article 11, increases The Company may apply an increase in its retention limits over the retention limits set forth in Exhibit A − Retention Limits of the Ceding Company, the Ceding Company has the option to recapture certain risk amounts. If the Ceding Company has maintained its stated retention for the plan and the insured's age, sex, and mortality classification on an automatic risk, or at least the lesser of its Per Life Retention Limit or [*] on a facultative risk, it may apply its increased retention limits to reduce the ceded amount of inforce reinsurance in force as followsprovided that:
(a) The Ceding Company must give gives the Reinsurer ninety (90) days irrevocable written notice prior to of its intended date of recapture.
(b) The reduction of reinsurance on affected policies will become effective on the policy anniversary date immediately following the notice of election intention to recapture; however, no reduction and
b) Recapture will be effected on the next anniversary of each Reinsured Policy eligible for recapture unless agreed otherwise by both parties and with no recapture being made until a policy the Reinsured Policy has been in force for a duration of at least [*].
(c) If any reinsured policy is recaptured, all reinsured policies eligible for recapture under the provisions of this Article must be recaptured up to the Ceding Company's new retention limits period specified in a consistent manner and the Ceding Company must increase its total amount of insurance retained on each reinsured life. The Ceding Company may not revoke its election to recapture for policies becoming eligible at future anniversaries. Recapture for a policy may occur at different times because of different duration requirements under various reinsurance agreementsExhibit C-1. For a conversion or re-entry, the recapture terms of the original policy subject to will apply and the duration for the recapture period will be measured from the Reinsurer that effective date of the original policy; and
c) The Company has met maintained, from the duration requirement time the policy was issued, its full retention as set out in clause (b) aboveExhibit D, and has applied its increased Retention Limit to all categories set out in Exhibit D. In applying its increased Retention Limit to Reinsured Policies, the revised Reinsured Net Amount age and mortality rating at Risk shall the time of issue will be determined using Ceding Company's Retained Share as if used to determine the policy were eligible for recapture from all reinsurers who have a share amount of the risk on that policy (or who had a share of risk on that policy prior to an earlier recapture). For a policy not yet subject to recapture from the Reinsurer because of an unattained duration requirement, Reinsured Net Amount at Risk will continue being determined using Ceding Company's Retained Share as provided for in Exhibit A as if the policy were not eligible for recapture by any of the reinsurers who have or had a share of the risk on the policy’s increased retention. The amount of reinsurance eligible for recapture is will be the difference between the amount originally retained and the amount the Company would have retained had the new retention been in effect at the time of issue. The amount of reinsurance eligible for recapture will be determined based on the Net Amount reinsurance net amount at Risk risk as of the date of recapture. For a policy issued as a result of an exchange or conversionIf there is reinsurance with other reinsurers on risks eligible for recapture, the policy date reduction will be applied pro rata to the total outstanding reinsurance. Recapture is optional, but if any reinsured business is recaptured, all eligible reinsured business must be recaptured. In addition, all life risks reinsured under any other reinsurance agreement between the Reinsurer and current duration the Company which are eligible for recapture must be similarly recaptured. No reserves for the recaptured business will be paid to the Company by the Reinsurer. Effective as of the new policy and the recapture provisions under this Agreement will be used. Following the effective date of recapturedate, the Reinsurer will not be liable for any reinsured policies eligible business which was overlooked. The parties’ obligations for any recaptured business will be limited to those relating to events or portions of such reinsured policies eligible for circumstances arising or occurring before the recapture that the Ceding Company has overlooked inadvertentlydate. If the Ceding Company transfers business that is reinsured Upon recapture, each party will be deemed to be fully and finally released from all obligations under this Agreement to a successor ceding company, then the successor ceding company has the option to recapture the reinsurance in accordance with the recapture criteria outlined in this Article, but only if the successor ceding company has or adopts a higher maximum retention limit than that applicable respect to the block of business subject to recapturerecaptured business.
Appears in 1 contract
Sources: Reinsurance Agreement (Thrivent Variable Life Account I)
Recapture. 12.1 Whenever the Ceding Company, pursuant to Article 11, increases its retention limits over the retention limits set forth in Exhibit A − Retention Limits of the Ceding Company, the Ceding Company has the option to recapture certain risk amounts. If the Ceding Company has maintained increases its stated retention for Maximum Dollar Retention Limits listed in Section 3 of Schedule A, then it may, with 90 days' written notice to the plan and Reinsurer, reduce or recapture the insured's age, sex, and mortality classification on an automatic risk, or at least the lesser of its Per Life Retention Limit or [*] on a facultative risk, it may apply its increased retention limits to reduce the amount of reinsurance in force as followssubject to the following requirements:
(a) i. An in-force cession is not eligible for recapture until it has been reinsured for the minimum number of years shown in Section 7 of Schedule A. The Ceding Company must give the Reinsurer ninety (90) days written notice prior to its intended effective date of recapture.
(b) The the reduction in reinsurance will be the later of reinsurance on affected policies will become effective on the first policy anniversary following the expiration of the 90-day notice period to recapture and the policy anniversary date immediately following when the notice required minimum number of election to recapture; however, no reduction will be made until a policy has been in force for a duration of at least [*]years is attained.
(c) If any reinsured policy is recaptured, ii. On all reinsured policies eligible for recapture under recapture, reinsurance will be reduced by the provisions of this Article must be recaptured amount necessary to increase the total insurance retained up to the Ceding Company's new retention limits Maximum Dollar Retention Limits.
iii. If more than one policy per life is eligible for recapture, then any recapture must be effected beginning with the policy with the earliest issue date and continuing in a consistent manner and chronological order according to the Ceding Company must increase its total amount of insurance retained on each reinsured liferemaining policies' issue dates.
iv. The Ceding Company may not revoke rescind its election to recapture for policies becoming eligible at future anniversaries.
v. Recapture of reinsurance will not be allowed on any policy for which the Ceding Company did not keep its Maximum Dollar Retention Limit at issue. Recapture for a policy may occur at different times because of different duration requirements under various reinsurance agreements. For a policy subject to recapture from the Reinsurer that has met the duration requirement in clause (b) above, the revised Reinsured Net Amount at Risk shall be determined using The Ceding Company's Retained Share as if the Maximum Dollar Retention Limits are stated in Section 3 of Schedule A.
vi. If any policy were eligible for recapture is also eligible for recapture from all reinsurers who have a share of other reinsurers, the risk reduction in the Reinsurer's reinsurance on that policy (or who had a share of risk on that policy prior will be in proportion to an earlier recapture). For a policy not yet subject to recapture from the Reinsurer because of an unattained duration requirement, Reinsured Net Amount at Risk will continue being determined using Ceding Company's Retained Share as provided for in Exhibit A as if the policy were not eligible for recapture by any of the reinsurers who have or had a share of the risk on the policy. The total amount of reinsurance eligible for recapture is based on the Net Amount at Risk as of the date of recapturelife with all reinsurers.
vii. For a policy issued as a result of an exchange or conversion, the policy date and current duration of the new policy and the recapture provisions under this Agreement will be used. Following the effective date of recapture, the Reinsurer Recapture will not be liable for made on a basis that may result in any reinsured policies or portions of such reinsured policies eligible for recapture that anti-selection against the Ceding Company Reinsurer. The Reinsurer maintains the discretion to determine when anti-selection has overlooked inadvertently. If the Ceding Company transfers business that is reinsured under this Agreement to a successor ceding company, then the successor ceding company has the option to recapture the reinsurance in accordance with the recapture criteria outlined in this Article, but only if the successor ceding company has or adopts a higher maximum retention limit than that applicable to the block of business subject to recaptureoccurred.
Appears in 1 contract
Sources: Reinsurance Agreement (National Variable Life Insurance Account)
Recapture. 12.1 Whenever the Ceding Company, pursuant to Article 11, Company increases its maximum retention limits over the maximum retention limits set forth in Exhibit A − - Retention Limits of the Ceding Company, the Ceding Company has the option to recapture certain risk amounts. If the Ceding Company has maintained its maximum stated retention (not a special retention limit) for the plan and the insured's age, sex, and mortality classification on an automatic risk, or at least the lesser of its Per Life Retention Limit or [*] on a facultative riskclassification, it may apply its increased retention limits to reduce the amount of reinsurance in force as follows:
(a) The Ceding Company must give the Reinsurer ninety (90) 90 days written notice prior to its intended date of recapture.
(b) The reduction of reinsurance on affected policies will become effective on the policy anniversary date immediately following the notice of election to recapture; however, no reduction will be made until a policy has been in force for a duration of at least [*]number] years.
(c) If any reinsured policy is recaptured, all reinsured policies eligible for recapture under the provisions of this Article must be recaptured up to the Ceding Company's new maximum retention limits in a consistent manner and the Ceding Company must increase its total amount of insurance retained on each reinsured life. The Ceding Company may not revoke its election to recapture for policies becoming eligible at future anniversaries. Recapture for a If portions of the reinsured policy may occur at different times because of different duration requirements under various reinsurance agreements. For a policy subject have been ceded to recapture from the Reinsurer that has met the duration requirement in clause (b) abovemore than one reinsurer, the revised Reinsured Net Amount at Risk shall be determined using Ceding Company's Retained Share as if Company must allocate the policy were eligible for recapture from reduction in reinsurance among all the reinsurers who have a share so that the relationship of the risk on that policy (or who had a share of risk on that policy prior to an earlier recapture). For a policy not yet subject to recapture from the Reinsurer because of an unattained duration requirement, Reinsured Net Amount at Risk will continue being determined using Ceding Company's Retained Share as provided for in Exhibit A as if the policy were not eligible for recapture by any of total reinsurance among the reinsurers who have or had a share of in any given layer does not change due to the risk on the policyrecapture. The amount of reinsurance eligible for recapture is based on the Net Amount net amount at Risk risk as of the date of recapture. For a policy issued as a result of an exchange or conversiona fully-underwritten exchange, the policy date and the current duration of the new policy and the recapture provisions under this Agreement will be used. Following After the effective date of recapture, the Reinsurer will not be liable for any reinsured policies or portions of such reinsured policies eligible for recapture that the Ceding Company has overlooked inadvertentlyoverlooked. If the Ceding Company transfers business that is reinsured under this Agreement to a successor ceding company, then the successor ceding company has the option to recapture the reinsurance in accordance with the recapture criteria outlined in this Article, but only if the successor ceding company has or adopts a higher maximum retention limit than that applicable to the block of business subject to recapture.. IDS Succession Select Treaty
Appears in 1 contract
Sources: Automatic Yrt Reinsurance Agreement (Ids Life Variable Life Separate Account)
Recapture. 12.1 11.1 RECAPTURE ELIGIBILITY REQUIREMENTS Whenever the Ceding Company, pursuant to Article 11, Company increases its retention limits over the retention limits Maximum Retention Per Life as set forth in Exhibit A − Retention Limits of the Ceding Company, (A.1) the Ceding Company has will notify the option Reinsurer of its intent to recapture certain risk amountsto the new retention limits. If the Ceding Company has maintained its stated retention Maximum Retention Per Life for the plan and the insured's ’s issue age, sex, and mortality classification on an automatic risk, or at least the lesser of its Per Life Retention Limit or [*] on a facultative riskclassification, it may apply its increased retention limits to reduce the amount of reinsurance in force as follows:
(a) The a. the Ceding Company must give the Reinsurer ninety (90) days written notice prior to its intended date of the commencement of recapture.; and
(b) The b. the reduction of reinsurance on affected policies will become effective on the policy anniversary date immediately following the notice of election to recapture; however, no reduction will be made until a policy has been in force for a duration of at least [*].twenty (20) years, for policies where the corporate maximum dollar retention was held at issue, up to the then current increased retention; and
(c) If c. if any policy reinsured policy on the life is recaptured, all policies reinsured policies on the life that are eligible for recapture under the provisions of this Article must be recaptured up to the Ceding Company's ’s new retention limits Maximum Retention Per Life in a consistent manner manner, and the Ceding Company must increase its total amount of insurance retained on each reinsured life. The Ceding Company may not revoke its election to recapture for policies becoming eligible at future anniversaries; and
d. no recapture will be made unless the Ceding Company retained its corporate maximum dollar limit of retention for the plan, age and mortality rating at the time the policy was issued. Recapture No recapture will be allowed in any class of fully reinsured business nor in any classes of risks for which the Ceding Company established special retention limits less than the Ceding Company’s Maximum Retention Per Life for the plan, age, and mortality rating at the time the policy was issued. If portions of a policy may occur at different times because of different duration requirements reinsured under various reinsurance agreements. For a policy subject to recapture from the Reinsurer that has met the duration requirement in clause (b) abovethis Agreement have been reinsured with more than one Reinsurer, the revised Reinsured Net Amount at Risk shall be determined using Ceding Company's Retained Share Company must allocate the reduction in reinsurance so that the amount reinsured by each Reinsurer after the reduction is proportionately the same as if the policy were eligible for recapture from all reinsurers who have a share new Maximum Retention Per Life had been in effect at the time of issue. Recapture is not available due to any change in the financial condition of the risk on that policy (or who had a share of risk on that policy prior to an earlier recapture). For a policy not yet subject to recapture from the Reinsurer because of an unattained duration requirement, Reinsured Net Amount at Risk will continue being determined using Ceding Company's Retained Share as provided for in Exhibit A as if the policy were not eligible for recapture by any of the reinsurers who have or had a share of the risk on the policyexcept insolvency. The amount of reinsurance eligible for recapture is based on the Reinsured Net Amount at Risk as of the date of recapture. For a policy issued as a result of an exchange or conversion, the policy date and current duration recapture terms of the new policy reinsurance agreement covering the New Policy will apply, and the duration for the purpose of recapture provisions under this Agreement will be usedmeasured from the issue dateof the Original Policy. Following If there is a reinsured waiver of premium claim in effect when recapture takes place, the Reinsurer will continue to pay its share of the waiver claim until it terminates. The Reinsurer will not be liable for any other benefits, including the basic life risk, that are eligible for recapture. All such eligible benefits will be recaptured as if there were no waiver claim in effect. After the effective date of recapture, the Reinsurer will not be liable for any benefits on reinsured policies or portions of such reinsured policies eligible for recapture that the Ceding Company has overlooked inadvertently. If the Ceding Company transfers business that is reinsured under this Agreement to a successor ceding company, then the successor ceding company has the option to recapture the reinsurance in accordance with the recapture criteria outlined in this Article, but only if the successor ceding company has or adopts a higher maximum retention limit than that applicable to the block of business subject to recaptureoverlooked.
Appears in 1 contract
Sources: Reinsurance Agreement (National Variable Life Insurance Account)
Recapture. 12.1 Whenever the Ceding Company, pursuant to Article 11, increases its retention limits over the retention limits set forth in Exhibit A − - Retention Limits of the Ceding Company, the Ceding Company has the option to recapture certain risk amounts. If the Ceding Company has maintained its stated retention for the plan and the insured's age, sex, and mortality classification on an automatic risk, or at least the lesser of its Per Life Retention Limit or [*percentage] on a facultative risk, it may apply its increased retention limits to reduce the amount of reinsurance in force as follows:
(a) The Ceding Company must give the Reinsurer ninety (90) days written notice prior to its intended date of recapture.
(b) The reduction of reinsurance on affected policies will become effective on the policy anniversary date immediately following the notice of election to recapture; however, no reduction will be made until a policy has been in force for a duration of at least [*]thirty (30) years.
(c) If any reinsured policy is recaptured, all reinsured policies eligible for recapture under the provisions of this Article must be recaptured up to the Ceding Company's new retention limits in a consistent manner and the Ceding Company must increase its total amount of insurance retained on each reinsured life. The Ceding Company may not revoke its election to recapture for policies becoming eligible at future anniversaries. Recapture for a policy may occur at different times because of different duration requirements under various reinsurance agreements. For a policy subject to recapture from the Reinsurer that has met the duration requirement in clause (b) above, the revised Reinsured Net Amount at Risk shall be determined using Ceding Company's Retained Share as if the policy were eligible for recapture from all reinsurers who have a share of the risk on that policy (or who had a share of risk on that policy prior to an earlier recapture). For a policy not yet subject to recapture from the Reinsurer because of an unattained duration requirement, Reinsured Net Amount at Risk will continue being determined using Ceding Company's Retained Share as provided for in Exhibit A as if the policy were not eligible for recapture by any of the reinsurers who have or had a share of the risk on the policy. The amount of reinsurance eligible for recapture is based on the Net Amount at Risk as of the date of recapture. For a policy issued as a result of an exchange or conversion, the policy date and current duration of the new policy and the recapture provisions under this Agreement will be used. IDSL - [redacted] VUL IV Plus/VUL IV Plus-ES Doc# 2080257 19 Following the effective date of recapture, the Reinsurer will not be liable for any reinsured policies or portions of such reinsured policies eligible for recapture that the Ceding Company has overlooked inadvertently. If the Ceding Company transfers business that is reinsured under this Agreement to a successor ceding company, then the successor ceding company has the option to recapture the reinsurance in accordance with the recapture criteria outlined in this Article, but only if the successor ceding company has or adopts a higher maximum retention limit than that applicable to the block of business subject to recapture.
Appears in 1 contract
Sources: Reinsurance Agreement (Ids Life Variable Life Separate Account)
Recapture. 12.1 Whenever the Ceding Company, pursuant to Article 11, increases its retention limits over the retention limits set forth in Exhibit A − - Retention Limits of the Ceding Company, the Ceding Company has the option to recapture certain risk amounts. If the Ceding Company has maintained its maximum stated retention for the plan and the insured's age, sex, and mortality classification on an automatic risk, or at least the lesser of its Per Life Retention Limit or [*percentage amount] on a facultative risk, it may apply its increased retention limits to reduce the amount of reinsurance in force as follows:
(a) The Ceding Company must give the Reinsurer ninety (90) days written notice prior to its intended date of recapture.
(b) The reduction of reinsurance on affected policies will become effective on the policy anniversary date immediately following the notice of election to recapture; however, no reduction will be made until a policy has been in force for a duration of at least [*]number] years.
(c) If any reinsured policy is recaptured, all reinsured policies eligible for recapture under the provisions of this Article must be recaptured up to the Ceding Company's new retention limits in a consistent manner and the Ceding Company must increase its total amount of insurance retained on each reinsured life. The Ceding Company may not revoke its election to recapture for policies becoming eligible at future anniversaries. Recapture for a policy may occur at different times because of different duration requirements under various reinsurance agreements. For a policy subject to recapture from the Reinsurer that has met the duration requirement in clause (b) above, the revised Reinsured Net Amount at Risk shall be determined using Ceding Company's Retained Share as if the policy were eligible for recapture from all reinsurers who have a share of the risk on that policy (or who had a share of risk on that policy prior to an earlier recapture). For a policy not yet subject to recapture from the Reinsurer because of an unattained duration requirement, Reinsured Net Amount at Risk will continue being determined using Ceding Company's Retained Share as provided for in Exhibit A as if the policy were not eligible for recapture by any of the reinsurers who have or had a share of the risk on the policy. The amount of reinsurance eligible for recapture is based on the Net Amount at Risk as of the date of recapture. For a policy issued as a result of an exchange or conversiona fully-underwritten exchange, the policy date and current duration of the new policy and the recapture provisions under this Agreement will be used. Following the effective date of recapture, the Reinsurer will not be liable for any reinsured policies or portions of such reinsured policies eligible for recapture that the Ceding Company has overlooked inadvertently. IDSL-NY VUL4/LP Select Treaty 20 If the Ceding Company transfers business that is reinsured under this Agreement to a successor ceding company, then the successor ceding company has the option to recapture the reinsurance in accordance with the recapture criteria outlined in this Article, but only if the successor ceding company has or adopts a higher maximum retention limit than that applicable to the block of business subject to recapture.
Appears in 1 contract
Sources: Reinsurance Agreement (Ids Life of New York Account 8)
Recapture. 12.1 Whenever the Ceding Company, pursuant to Article 11, increases its retention limits over the retention limits set forth in Exhibit A − - Retention Limits of the Ceding Company, the Ceding Company has the option to recapture certain risk amounts. If the Ceding Company has maintained its maximum stated retention for the plan and the insured's age, sex, and mortality classification on an automatic risk, or at least the lesser of its Per Life Retention Limit or [*percentage] on a facultative risk, it may apply its increased retention limits to reduce the amount of reinsurance in force as follows:
(a) The Ceding Company must give the Reinsurer ninety (90) days written notice prior to its intended date of recapture.
(b) The reduction of reinsurance on affected policies will become effective on the policy anniversary date immediately following the notice of election to recapture; however, no reduction will be made until a policy has been in force for a duration of at least [*duration].
(c) If any reinsured policy is recaptured, all reinsured policies eligible for recapture under the provisions of this Article must be recaptured up to the Ceding Company's new retention limits in a consistent manner and the Ceding Company must increase its total amount of insurance retained on each reinsured life. The Ceding Company may not revoke its election to recapture for policies becoming eligible at future anniversaries. Recapture for a policy may occur at different times because of different duration requirements under various reinsurance agreements. For a policy subject to recapture from the Reinsurer that has met the duration requirement in clause (b) above, the revised Reinsured Net Amount at Risk shall be determined using Ceding Company's Retained Share as if the policy were eligible for recapture from all reinsurers who have a share of the risk on that policy (or who had a share of risk on that policy prior to an earlier recapture). For a policy not yet subject to recapture from the Reinsurer because of an unattained duration requirement, Reinsured Net Amount at Risk will continue being determined using Ceding Company's Retained Share as provided for in Exhibit A as if the policy were not eligible for recapture by any of the reinsurers who have or had a share of the risk on the policy. The amount of reinsurance eligible for recapture is based on the Net Amount at Risk as of the date of recapture. For a policy issued as a result of an exchange or conversiona fully-underwritten exchange, the policy date and current duration of the new policy and the recapture provisions under this Agreement will be used. Following the effective date of recapture, the Reinsurer will not be liable for any reinsured policies or portions of such reinsured policies eligible for recapture that the Ceding Company has overlooked inadvertently. If the Ceding Company transfers business that is reinsured under this Agreement to a successor ceding company, then the successor ceding company has the option to recapture the reinsurance in accordance with the recapture criteria outlined in this Article, but only if the successor ceding company has or adopts a higher maximum retention limit than that applicable to the block of business subject to recapture.
Appears in 1 contract
Sources: Reinsurance Agreement (Ids Life of New York Account 8)
Recapture. 12.1 Whenever Reinsured policies will not be eligible for recapture due solely to an increase in the Ceding Company, pursuant to Article 11, increases its retention limits over the retention limits set forth in Exhibit A − Retention Limits of the Ceding Company, the Ceding ’s quota share percentage retained. The Company has the option to recapture certain risk amounts. If the Ceding Company has maintained its stated retention for the plan and the insured's age, sex, and mortality classification on an automatic risk, or at least the lesser of its Per Life Retention Limit or [*] on a facultative risk, it may apply an increase in its increased retention limits Retention limit to reduce the amount of inforce reinsurance in force as followsceded on an automatic basis provided, however, that:
(a) The Ceding Company must give gives the Reinsurer ninety (90) days an irrevocable written notice prior to of its intended date of recapture.
(b) The reduction of reinsurance on affected policies will become effective on the policy anniversary date immediately following the notice of election intention to recapture; however, no reduction and
b) Recapture will be effected on the next anniversary of each Reinsured Policy eligible for recapture unless agreed otherwise by both parties and with no recapture being made until a policy the Reinsured Policy has been in force for a duration of at least [*].
(c) If any reinsured policy is recaptured, all reinsured policies eligible for recapture under the provisions of this Article must be recaptured up to period specified in the Ceding Company's new retention limits in a consistent manner and the Ceding Company must increase its total amount of insurance retained on each reinsured life. The Ceding Company may not revoke its election to recapture for policies becoming eligible at future anniversaries. Recapture for a policy may occur at different times because of different duration requirements under various reinsurance agreementsapplicable Exhibit. For a conversion or re-entry, the recapture terms of the original policy subject to will apply and the duration for the recapture period will be measured from the Reinsurer that effective date of the original policy; and
c) The Company has met maintained, from the duration requirement time the policy was issued, its quota share retention as set out in clause (b) aboveExhibit D, and has applied its increased Retention Limit to all categories set out in Exhibit D. In applying its increased Retention Limit to Reinsured Policies, the revised Reinsured Net Amount age and mortality rating at Risk shall the time of issue will be determined using Ceding Company's Retained Share as if used to determine the policy were eligible for recapture from all reinsurers who have a share amount of the risk on that policy (or who had a share of risk on that policy prior to an earlier recapture). For a policy not yet subject to recapture from the Reinsurer because of an unattained duration requirement, Reinsured Net Amount at Risk will continue being determined using Ceding Company's Retained Share as provided for in Exhibit A as if the policy were not eligible for recapture by any of the reinsurers who have or had a share of the risk on the policy’s increased retention. The amount of reinsurance eligible for recapture is based will be the difference between the amount originally retained and the amount the Company would have retained on the Net Amount same quota share basis had the new retention been in effect at Risk the time of issue. If there is reinsurance with other reinsurers on risks eligible for recapture, the reduction will be applied pro rata to the total outstanding reinsurance. Recapture is optional, but if any reinsured business is recaptured, all eligible reinsured business must be recaptured. Eligible reinsured business means business with the same form of underwriting. In addition, all life risks reinsured under any other reinsurance agreement between the Reinsurer and the Company which are eligible for recapture must 12107058US·19 (01-01-2019) IOT17345US1Bl be similarly recaptured. No reserves for the recaptured business will be paid to the Company by the Reinsurer. Effective as of the date of recapture. For a policy issued as a result of an exchange or conversion, the policy date and current duration of the new policy and the recapture provisions under this Agreement will be used. Following the effective date of recapturedate, the Reinsurer will not be liable for any reinsured policies eligible business which was overlooked. The parties’ obligations for any recaptured business will be limited to those relating to events or portions circumstances arising or occurring before the recapture date, including payment of such reinsured policies eligible for recapture that the Ceding Company has overlooked inadvertentlytermination settlement amount. If the Ceding Company transfers business that is reinsured Upon recapture, each party will be deemed to be fully and finally released from all obligations under this Agreement to a successor ceding company, then the successor ceding company has the option to recapture the reinsurance in accordance with the recapture criteria outlined in this Article, but only if the successor ceding company has or adopts a higher maximum retention limit than that applicable respect to the block of business subject to recapturerecaptured business.
Appears in 1 contract
Sources: Reinsurance Agreement (Thrivent Variable Life Account I)
Recapture. 12.1 1) Whenever the Ceding Company, pursuant to Article 11, Company increases its maximum retention limits over the maximum retention limits set forth in Exhibit A − Retention Limits of the Ceding CompanyA, the Ceding Company has the option to recapture certain risk amounts. If The amount eligible for recapture will be the Ceding Company has maintained its stated retention for difference between the plan amount originally retained and the insured's age, sex, and mortality classification amount the company would have retained on an automatic risk, or at least the lesser of its Per Life Retention Limit or [*] on a facultative risk, it may apply its increased same basis had the new maximum retention limits to reduce been in effect at the amount time of reinsurance in force as follows:issue
(a) a. The Ceding Company must give the Reinsurer ninety (90) days written notice prior to its intended date of the commencement of recapture.
(b) b. The reduction of reinsurance on affected policies will become effective on the policy anniversary date immediately following the notice of election to recapture; however, no reduction will be made until a prior to the policy has been anniversary specified in force for a duration of at least [*].Exhibit C.
(c) c. If any reinsured policy is recaptured, all reinsured policies eligible for recapture under the provisions of this Article must be recaptured up to the Ceding Company's ’s new maximum retention limits in a consistent manner and the Ceding Company must increase its total amount of insurance retained on each reinsured life. The Ceding Company may not revoke its election to recapture for policies becoming eligible at future anniversaries. Recapture for a If portions of the reinsured policy may occur at different times because of different duration requirements under various reinsurance agreements. For a policy subject have been ceded to recapture from the Reinsurer that has met the duration requirement in clause (b) abovemore than one reinsurer, the revised Reinsured Net Amount at Risk shall be determined using Ceding Company's Retained Share Company must allocate the reduction in reinsurance so that the amount reinsured by each reinsurer after the reduction is proportionately the same as if the policy were eligible for recapture from all reinsurers who have a share new maximum dollar retention limits had been in effect at the time of the risk on that policy (or who had a share of risk on that policy prior to an earlier recapture). For a policy not yet subject to recapture from the Reinsurer because of an unattained duration requirement, Reinsured Net Amount at Risk will continue being determined using Ceding Company's Retained Share as provided for in Exhibit A as if the policy were not eligible for recapture by any of the reinsurers who have or had a share of the risk on the policyissue. The amount of reinsurance eligible for recapture is based on the Net Amount current amount at Risk risk as of the date of recapture. For a policy issued as a result of an exchange internal exchange, conversion or conversionre-entry, the policy date and current duration recapture terms of the new reinsurance agreement covering the original policy will apply, and the duration period for the purpose of recapture provisions under this Agreement will be usedmeasured from the effective date of the reinsurance on the original policy. Following After the effective date of recapture, the Reinsurer will not be liable for any reinsured policies or portions of such reinsured policies eligible for recapture that the Ceding Company has overlooked inadvertently. If the Ceding Company transfers business that is reinsured under this Agreement to a successor ceding company, then the successor ceding company has the option to recapture the reinsurance in accordance with the recapture criteria outlined in this Article, but only if the successor ceding company has or adopts a higher maximum retention limit than that applicable to the block of business subject to recaptureoverlooked.
Appears in 1 contract
Sources: Reinsurance Agreement (Nationwide VL Separate Account-G)
Recapture. 12.1 Whenever the Ceding Company, pursuant to Article 11, increases its retention limits over the retention limits set forth in Exhibit A − Retention Limits of the Ceding Company, the Ceding The Company has the option to recapture certain risk amounts. If the Ceding Company has maintained its stated retention for the plan and the insured's age, sex, and mortality classification on an automatic risk, or at least the lesser of its Per Life Retention Limit or [*] on a facultative risk, it may apply its increased retention limits to reduce the benefit amount of reinsurance in force as followsReinsured Policies provided:
(a) 6.2.1 The Ceding Company must give gives the Reinsurer ninety (90) days written notice prior of its intention to its intended recapture within 90 days of the effective date of recapture.the retention increase; and
(b) The reduction of reinsurance on affected policies will become effective 6.2.2 Such recaptures are made on the policy next anniversary date immediately following the notice of election to recapture; however, each Reinsured Policy affected and with no reduction will be recapture being made until a policy the Reinsured Policy has been in force for the period stated in Exhibit C. For a conversion policy or re-entry, the recapture terms of the original policy will apply and the duration for the recapture period will be measured from the effective date of the original policy; and
6.2.3 The Company has maintained from the time the policy was issued, its full retention as set out in Exhibit D for the plan and the insured's classification. Reinsured policies on a first dollar quota share basis will not be eligible for recapture; and
6.2.4 The Company has applied its increased Retention Limits in a consistent manner to all categories of its Retention Limits set out in Exhibit D unless otherwise agreed to by the Reinsurer. In applying its increased Retention Limits to Reinsured Policies, the age and mortality rating at least [*].
(c) If the time of issue will be used to determine the amount of the Company's increased retention. Recapture as provided herein is optional with the Company, but if any reinsured policy Reinsured Policy is recaptured, all reinsured policies Reinsured Policies eligible for recapture under the provisions of this Article must be recaptured up recaptured. If there is reinsurance in other companies on risks eligible for recapture, the necessary reduction is to be applied pro rata to the Ceding Company's new retention limits in a consistent manner and the Ceding Company must increase its total amount of insurance retained on each reinsured life. The Ceding Company may not revoke its election to recapture for policies becoming eligible at future anniversaries. Recapture for a policy may occur at different times because of different duration requirements under various reinsurance agreements. For a policy subject to recapture from the Reinsurer that has met the duration requirement in clause (b) above, the revised Reinsured Net Amount at Risk shall be determined using Ceding Company's Retained Share as if the policy were eligible for recapture from all reinsurers who have a share of the risk on that policy (or who had a share of risk on that policy prior to an earlier recapture). For a policy not yet subject to recapture from the Reinsurer because of an unattained duration requirement, Reinsured Net Amount at Risk will continue being determined using Ceding Company's Retained Share as provided for in Exhibit A as if the policy were not eligible for recapture by any of the reinsurers who have or had a share of the risk on the policyoutstanding reinsurance. The amount of reinsurance eligible for recapture is based on the Net Amount reinsurance net amount at Risk risk as of the date of recapture. For The Company may not recapture reinsurance if the Company has either obtained or increased stop loss reinsurance coverage as justification for the increase in retention. If there is a policy issued as a result Waiver of an exchange or conversionPremium (W.P.) claim in effect when recapture takes place, the policy date and current duration of W.P. claim will stay in effect until the new policy and the recapture provisions under this Agreement will be usedW.P. claim terminates. Following the effective date of recapture, the The Reinsurer will not be liable for any reinsured policies other benefits, including the basic life risk, that are eligible for recapture. All such eligible benefits will be recaptured as if there was no W.P. claim. The Reinsurer will not be liable, after the effective date of recapture, for any Reinsured Policies or portions of such reinsured policies Reinsured Policies eligible for recapture recapture, that the Ceding Company has overlooked inadvertentlyoverlooked. The Reinsurer will be liable only for a credit of the premiums, received after the recapture date, less any allowance. The terms and conditions for the Company to recapture in force Reinsured Policies due to the insolvency of the Reinsurer are set out in the Insolvency clause in Article 10. If the Ceding Company transfers business that which is reinsured under this Agreement to a successor ceding company, then the successor ceding company has the option to recapture the reinsurance reinsurance, in accordance with the recapture criteria outlined in this Article, but only if the successor ceding company has or adopts a higher maximum retention limit than that applicable to the block of business subject to recaptureCompany.
Appears in 1 contract
Sources: Reinsurance Agreement (National Variable Life Insurance Account)
Recapture. 12.1 Whenever the Ceding Company, pursuant to Article 11, Company increases its maximum retention limits over the maximum retention limits set forth in Exhibit A − Retention Limits of the Ceding CompanyA, the Ceding Company has the option to recapture certain risk amounts. If the Ceding Company has maintained its maximum stated retention (not a special retention limit) for the plan and the insured's ’s issue age, sex, and mortality classification on an automatic risk, or at least the lesser of its Per Life Retention Limit or [*] on a facultative riskclassification, it may apply its increased retention limits to reduce the amount of reinsurance in force as follows:.
(a) The Ceding Company must give the Reinsurer ninety XXXX thirty (9030) days written notice prior to its intended date the commencement of recapture.
(b) The reduction of reinsurance on affected policies will become effective on the policy anniversary date immediately following the notice of election to recapture; however, no reduction will be made until a policy has been in force for a duration of at least [*]20 years.
(c) If any reinsured policy is recaptured, all reinsured policies eligible for recapture under the provisions of this Article must be recaptured up to the Ceding Company's ’s new maximum retention limits in a consistent manner and the Ceding Company must increase its total amount of insurance retained on each reinsured life. The Ceding Company may not revoke its election to recapture for policies becoming eligible at future anniversaries. Recapture for a If portions of the reinsured policy may occur at different times because of different duration requirements under various reinsurance agreements. For a policy subject have been ceded to recapture from the Reinsurer that has met the duration requirement in clause (b) abovemore than one reinsurer, the revised Reinsured Net Amount at Risk shall be determined using Ceding Company's Retained Share Company must allocate the reduction in reinsurance so that the amount reinsured by each reinsurer after the reduction is proportionately the same as if the policy were eligible for recapture from all reinsurers who have a share new maximum dollar retention limits had been in effect at the time of the risk on that policy (or who had a share of risk on that policy prior to an earlier recapture). For a policy not yet subject to recapture from the Reinsurer because of an unattained duration requirement, Reinsured Net Amount at Risk will continue being determined using Ceding Company's Retained Share as provided for in Exhibit A as if the policy were not eligible for recapture by any of the reinsurers who have or had a share of the risk on the policyissue. The amount of reinsurance eligible for recapture is based on the Net Amount current amount at Risk risk as of the date of recapture. For a policy issued as a result of an exchange or exchange, conversion, or re-entry, the policy date and current duration recapture terms of the new reinsurance agreement covering the original policy will apply, and the duration period for the purpose of recapture provisions under this Agreement will be usedmeasured from the effective date of the reinsurance on the original policy. Following If there is a reinsured waiver of premium claim in effect when recapture takes place, XXXX will continue to pay its share of the waiver claim until it terminates. XXXX will not be liable for any other benefits, including the basic life risk, that are eligible for recapture. All such eligible benefits will be recaptured as if there were no waiver claim in effect. After the effective date of recapture, the Reinsurer XXXX will not be liable for any reinsured policies or portions of such reinsured policies eligible for recapture that the Ceding Company has overlooked inadvertentlyoverlooked. If No recapture will be permitted if the Ceding Company transfers business that is reinsured under this Agreement to a successor ceding company, then has either obtained or increased stop loss reinsurance coverage as justification for the successor ceding company has the option to recapture the reinsurance increase in accordance with the recapture criteria outlined in this Article, but only if the successor ceding company has or adopts a higher maximum retention limit than that applicable to the block of business subject to recapturelimits.
Appears in 1 contract
Sources: Automatic Yrt Reinsurance Agreement (National Variable Life Insurance Account)
Recapture. 12.1 Whenever the Ceding Company, pursuant to Article 11, increases its retention limits over the retention limits set forth in Exhibit A − - Retention Limits of the Ceding Company, the Ceding Company has the option to recapture certain risk amounts. If the Ceding Company has maintained its maximum stated retention for the plan and the insured's age, sex, and mortality classification on an automatic risk, or at least the lesser of its Per Life Retention Limit or [*percentage] on a facultative risk, it may apply its increased retention limits to reduce the amount of reinsurance in force as follows:
(a) The Ceding Company must give the Reinsurer ninety (90) days written notice prior to its intended date of recapture.
(b) The reduction of reinsurance on affected policies will become effective on the policy anniversary date immediately following the notice of election to recapture; however, no reduction will be made until a policy has been in force for a duration of at least [*]number] years.
(c) If any reinsured policy is recaptured, all reinsured policies eligible for recapture under the provisions of this Article or under the provisions of another treaty must be recaptured up to the Ceding Company's new retention limits in a consistent manner and the Ceding Company must increase its total amount of insurance retained on each reinsured life. The Ceding Company may not revoke its election to recapture for policies becoming eligible at future anniversaries. Recapture for a policy may occur at different times because of different duration requirements under various reinsurance agreements. For a policy subject to recapture from the Reinsurer that has met the duration requirement in clause (b) above, the revised Reinsured Net Amount at Risk shall be determined using Ceding Company's Retained Share as if the policy were eligible for recapture from all reinsurers who have a share of the risk on that policy (or who had a share of risk on that policy prior to an earlier recapture). For a policy not yet subject to recapture from the Reinsurer because of an unattained duration requirement, Reinsured Net Amount at Risk will continue being determined using Ceding Company's Retained Share as provided for in Exhibit A as if the policy were not eligible for recapture by any of the reinsurers who have or had a share of the risk on the policy. The amount of reinsurance eligible for recapture is based on the Net Amount at Risk as of the date of recapture. For a policy issued as a result of an exchange or conversiona fully-underwritten exchange, the policy date and current duration of the new policy and the recapture provisions under this Agreement will be used. IDSL VUL4/LP Select Treaty 20 Following the effective date of recapture, the Reinsurer will not be liable for any reinsured policies or portions of such reinsured policies eligible for recapture that the Ceding Company has overlooked inadvertently. If the Ceding Company transfers business that is reinsured under this Agreement to a successor ceding company, then the successor ceding company has the option to recapture the reinsurance in accordance with the recapture criteria outlined in this Article, but only if the successor ceding company has or adopts a higher maximum retention limit than that applicable to the block of business subject to recapture.
Appears in 1 contract
Sources: Reinsurance Agreement (Ids Life Variable Life Separate Account)
Recapture. 12.1 Whenever the Ceding Company, pursuant to Article 11, increases its retention limits over the retention limits set forth in Exhibit A − - Retention Limits of the Ceding Company, the Ceding Company has the option to recapture certain risk amounts. If the Ceding Company has maintained its maximum stated retention for the plan and the insured's age, sex, and mortality classification on an automatic risk, or at least the lesser of its Per Life Retention Limit or [*percentage] on a facultative risk, it may apply its increased retention limits to reduce the amount of reinsurance in force as follows:
(a) The Ceding Company must give the Reinsurer ninety (90) days written notice prior to its intended date of recapture.
(b) The reduction of reinsurance on affected policies will become effective on the policy anniversary date immediately following the notice of election to recapture; however, no reduction will be made until a policy has been in force for a duration of at least [*]number] years.
(c) If any reinsured policy is recaptured, all reinsured policies eligible for recapture under the provisions of this Article must be recaptured up to the Ceding Company's new retention limits in a consistent manner and the Ceding Company must increase its total amount of insurance retained on each reinsured life. The Ceding Company may not revoke its election to recapture for policies becoming eligible at future anniversaries. Recapture for a policy may occur at different times because of different duration requirements under various reinsurance agreements. For a policy subject to recapture from the Reinsurer that has met the duration requirement in clause (b) above, the revised Reinsured Net Amount at Risk shall be determined using Ceding Company's Retained Share as if the policy were eligible for recapture from all reinsurers who have a share of the risk on that policy (or who had a share of risk on that policy prior to an earlier recapture). For a policy not yet subject to recapture from the Reinsurer because of an unattained duration requirement, Reinsured Net Amount at Risk will continue being determined using Ceding Company's Retained Share as provided for in Exhibit A as if the policy were not eligible for recapture by any of the reinsurers who have or had a share of the risk on the policy. The amount of reinsurance eligible for recapture is based on the Net Amount at Risk as of the date of recapture. For a policy issued as a result of an exchange or conversiona fully-underwritten exchange, the policy date and current duration of the new policy and the recapture provisions under this Agreement will be used. Following the effective date of recapture, the Reinsurer will not be liable for any reinsured policies or portions of such reinsured policies eligible for recapture that the Ceding Company has overlooked inadvertently. IDSL VUL4/LP Select Treaty 20 If the Ceding Company transfers business that is reinsured under this Agreement to a successor ceding company, then the successor ceding company has the option to recapture the reinsurance in accordance with the recapture criteria outlined in this Article, but only if the successor ceding company has or adopts a higher maximum retention limit than that applicable to the block of business subject to recapture.
Appears in 1 contract
Sources: Reinsurance Agreement (Ids Life Variable Life Separate Account)
Recapture. 12.1 Whenever the Ceding Company, pursuant to Article 11, Company increases its maximum retention limits over the maximum retention limits set forth in Exhibit A − - Retention Limits of the Ceding Company, the Ceding Company has the option to recapture certain risk amounts. If the Ceding Company has maintained its maximum stated retention (not a special retention limit) for the plan and the insured's age, sex, and mortality classification on an automatic risk, or at least the lesser of its Per Life Retention Limit or [*] on a facultative riskclassification, it may apply its increased retention limits to reduce the amount of reinsurance in force as follows:
(a) The Ceding Company must give the Reinsurer ninety (90) 90 days written notice prior to its intended date of recapture.
(b) The reduction of reinsurance on affected policies will become effective on the policy anniversary date immediately following the notice of election to recapture; however, no reduction will be made until a policy has been in force for a duration of at least [*]10 years.
(c) If any reinsured policy is recaptured, all reinsured policies eligible for recapture under the provisions of this Article must be recaptured up to the Ceding Company's new maximum retention limits in a consistent manner and the Ceding Company must increase its total amount of insurance retained on each reinsured life. The Ceding Company may not revoke its election to recapture for policies becoming eligible at future anniversaries. Recapture for a If portions of the reinsured policy may occur at different times because of different duration requirements under various reinsurance agreements. For a policy subject have been ceded to recapture from the Reinsurer that has met the duration requirement in clause (b) abovemore than one reinsurer, the revised Reinsured Net Amount at Risk shall be determined using Ceding Company's Retained Share as if Company must allocate the policy were eligible for recapture from reduction in reinsurance among all the reinsurers who have a share so that the relationship of the risk on that policy (or who had a share of risk on that policy prior to an earlier recapture). For a policy not yet subject to recapture from the Reinsurer because of an unattained duration requirement, Reinsured Net Amount at Risk will continue being determined using Ceding Company's Retained Share as provided for in Exhibit A as if the policy were not eligible for recapture by any of total reinsurance among the reinsurers who have or had a share of in any given layer does not change due to the risk on the policyrecapture. The amount of reinsurance eligible for recapture is based on the Net Amount net amount at Risk risk as of the date of recapture. For a policy issued as a result of an exchange or conversiona fully-underwritten exchange, the policy date and the current duration of the new policy and the recapture provisions under this Agreement will be used. Following After the effective date of recapture, the Reinsurer will not be liable for any reinsured policies or portions of such reinsured policies eligible for recapture that the Ceding Company has overlooked inadvertentlyoverlooked. If the Ceding Company transfers business that is reinsured under this Agreement to a successor ceding company, then the successor ceding company has the option to recapture the reinsurance in accordance with the recapture criteria outlined in this Article, but only only, if the successor ceding company has or adopts a higher maximum retention limit than that applicable to the block of business subject to recapture.
Appears in 1 contract
Sources: Automatic Yrt Reinsurance Agreement (Ids Life of New York Account 8)
Recapture. 12.1 Whenever the Ceding Company, pursuant to Article 11, increases its retention limits over the retention limits set forth Not more than once in Exhibit A − Retention Limits of the Ceding Companyany consecutive twenty-four month period, the Ceding Company has the option to recapture certain risk amounts. If the Ceding Company has maintained its stated retention for the plan and the insured's age, sex, and mortality classification on an automatic risk, or at least the lesser of its Per Life Retention Limit or [*] on a facultative risk, it may apply its increased maximum retention limits to reduce the amount of reinsurance in force as followsReinsured Policies provided:
(a) 8.2.1 The Ceding Company must give gives the Reinsurer ninety (90) days irrevocable written notice prior of its intention to its intended recapture within 90 days of the effective date of recapture.the maximum retention limit increase; and
(b) The reduction of reinsurance on affected policies will become effective 8.2.2 Such recaptures are made on the policy next anniversary date immediately following of each Reinsured Policy affected unless mutually agreed otherwise by the notice of election to recapture; however, Company and the Reinsurer and with no reduction will be recapture being made until a policy the Reinsured Policy has been in force for the period stated in Exhibit C-1. For a conversion or re-entry, the recapture terms of the original policy will apply and the duration for the recapture period will be measured from the effective date of at least [*].the original policy; and
(c) If any reinsured 8.2.3 The Company has maintained from the time the policy is recapturedwas issued, all reinsured policies eligible its full retention as set out in Exhibit D for recapture under the provisions of this Article must be recaptured up to plan and the Ceding Company's new retention limits insured’s classification; and
8.2.4 The Company has applied its increased Retention Limits in a consistent manner and to all categories of its Retention Limits set out in Exhibit D unless otherwise agreed to by the Ceding Company must increase its total amount of insurance retained on each reinsured life. The Ceding Company may not revoke its election to recapture for policies becoming eligible at future anniversaries. Recapture for a policy may occur at different times because of different duration requirements under various Reinsurer; and
8.2.5 Other than as respects bona fide catastrophe or financial reinsurance agreements. For a policy subject to recapture from the Reinsurer that has met the duration requirement in clause (b) abovearrangements, the revised Reinsured Net Amount at Risk shall be determined using Ceding Company's Retained Share as if the policy were eligible for recapture Company will retain all risks so recaptured and is prohibited from all reinsurers who have a share of the risk on that policy (or who had a share of risk on that policy prior to an earlier recapture). For a policy not yet subject to recapture from the Reinsurer because of an unattained duration requirement, Reinsured Net Amount at Risk will continue being determined using Ceding Company's Retained Share as provided for ceding in Exhibit A as if the policy were not eligible for recapture by any form any of the reinsurers who have or had a share recaptured business without the Reinsurer’s prior written consent. In applying its increased Retention Limits to Reinsured Policies, the age and mortality rating at the time of issue will be used to determine the amount of the risk on the policyCompany’s increased maximum retention. The amount of reinsurance eligible for recapture is based on the Net Amount reinsurance net amount at Risk risk as of the date of recapture. For a policy issued as a result of an exchange or conversion, the policy date and current duration of the new policy and the recapture provisions under this Agreement will be used. Following the effective date of If there is reinsurance with other companies on risks eligible for recapture, the necessary reduction is to be applied pro rata to the total outstanding reinsurance. Recapture as provided herein is optional with the Company, but if any Reinsured Policy is recaptured, all Reinsured Policies eligible for recapture under the provisions of this Article must be similarly recaptured as well as all eligible life risks reinsured under any other reinsurance agreement in force between, on one hand, the Reinsurer and, on the other hand, the Company or any common retention affiliate thereof as to which any recapture rights may then be available to the Company or such affiliate. For purposes of this provision, the term “common retention affiliate” means any affiliate of the Company as to which corporate mortality risk retention levels have been managed on a coordinated basis with the Company’s risk retention program. The Company may not revoke its election to recapture for Reinsured Policies becoming eligible at future anniversaries. No recapture of Reinsured Policies will occur if the Company has either obtained or increased stop loss reinsurance coverage as justification for the increase in maximum retention. If there is a Waiver of Premium (W.P.) claim in effect when recapture takes place, the W.P. claim will stay in effect and the Reinsurer will continue to pay its share of the W.P. claim until it terminates. The Reinsurer will not be liable for any reinsured policies other benefits, including the basic life risk, which are eligible for recapture. All such eligible benefits will be recaptured as if there was no W.P. claim. The Reinsurer will not be liable, after the effective date of recapture, for any Reinsured Policies or portions of such reinsured policies Reinsured Policies eligible for recapture that the Ceding Company has overlooked inadvertentlyoverlooked. The Reinsurer will be liable only for a credit of the premiums, received after the recapture date, less any allowance. The terms and conditions for the Company to recapture in force Reinsured Policies due to the insolvency of the Reinsurer are set out in the Insolvency clause in Article 11. If the Ceding Company transfers business that which is reinsured under this Agreement to a successor ceding company, then the successor ceding company has the option to recapture the reinsurance reinsurance, in accordance with the recapture criteria outlined in this Article, but only if the successor ceding company has or adopts a higher maximum retention limit than that applicable to the block of business subject to recaptureCompany.
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Recapture. 12.1 Option 1 (Excess Reinsurance) Whenever the Ceding Company, pursuant to Article 11, Company increases its maximum retention limits over the maximum retention limits set forth in Exhibit A − Retention Limits of the Ceding CompanyA, the Ceding Company has the option to recapture certain risk amounts. If the Ceding Company has maintained its maximum stated retention (not a special retention limit) for the plan and the insured's age, sex, and mortality classification on an automatic risk, or at least the lesser of its Per Life Retention Limit or [*] on a facultative riskclassification, it may apply its increased retention limits to reduce the amount of reinsurance in force as follows:.
(a) a. The Ceding Company must give the Reinsurer ninety thirty (9030) days written notice prior to its intended date of the commencement of recapture.
(b) b. The reduction of reinsurance on affected policies will become effective on the policy anniversary date immediately following the notice of election to recapture; however, no reduction will be made until a policy has been in force for a duration of at least [*]insert number of years] years.
(c) c. If any reinsured policy is recaptured, all reinsured policies eligible for recapture under the provisions of this Article must be recaptured up to the Ceding Companycompany's new maximum retention limits in a consistent manner and the Ceding Company must increase its total amount of insurance retained on each reinsured life. The Ceding Company may not revoke its election to recapture for policies becoming eligible at future anniversaries. Recapture for a If portions of the reinsured policy may occur at different times because of different duration requirements under various reinsurance agreements. For a policy subject have been ceded to recapture from the Reinsurer that has met the duration requirement in clause (b) abovemore than one reinsurer, the revised Reinsured Net Amount at Risk shall be determined using Ceding Company's Retained Share Company must allocate the reduction on reinsurance so that the amount reinsured by each reinsurer after the reduction is proportionately the same as if the policy were eligible for recapture from all reinsurers who have a share new maximum dollar retention limits had been in effect at the time of the risk on that policy (or who had a share of risk on that policy prior to an earlier recapture). For a policy not yet subject to recapture from the Reinsurer because of an unattained duration requirement, Reinsured Net Amount at Risk will continue being determined using Ceding Company's Retained Share as provided for in Exhibit A as if the policy were not eligible for recapture by any of the reinsurers who have or had a share of the risk on the policyissue. The amount of reinsurance eligible for recapture is based on the Net Amount current amount at Risk risk as of the date of recapture. For a policy issued as a result of an exchange or exchange, conversion, or re-entry, the policy date and current duration recapture terms of the new reinsurance agreement covering the original policy will apply, and the duration for the purpose of recapture provisions under this Agreement will be usedmeasured from the effective date of the reinsurance on the original policy. Following If there is a reinsured waiver of premium claim in effect when recapture takes place, the Reinsurer will continue to pay its share of the waiver claim until it terminates. The Reinsurer will not be liable for any other benefits, including the basic life risk, that are eligible for recapture. All such eligible benefits will be recaptured as if there were no waiver claim in effect. After the effective date of recapture, the Reinsurer will not be liable for any reinsured policies or portions of such reinsured policies eligible for recapture that the Ceding Company has overlooked inadvertentlyoverlooked. If The terms and conditions for the Ceding Company transfers business that is to recapture reinsured policies, as made necessary by the insolvency of the Reinsurer, are set forth in Article XIV, C. No recapture will be permitted if the Company has either obtained or increased stop loss reinsurance coverage as justification for the increase on retention limits. Option 2 (First Dollar Quota Share Reinsurance).
a. Recapture will not be allowed under this Agreement to a successor ceding company, then the successor ceding company has the option to recapture the reinsurance in accordance with the recapture criteria outlined in this Article, but only if the successor ceding company has or adopts a higher maximum retention limit than that applicable to the block of business subject to recaptureAgreement.
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Recapture. 12.1 Whenever At any time during the Ceding Companyterm of the Agreement, pursuant PRUCO may elect to Article 11recapture in full the coverage reinsured under this Agreement following the occurrence of either of the following events: (1) a "Risk Trigger Event" as defined in Schedule A of this Agreement; or (2) a Plan Change as described in Section 19 d. above. In addition, after the twentieth policy anniversary, PRUCO may elect to recapture all or an appropriate portion of the coverage reinsured under this Agreement to reflect increases its in the maximum retention limits over for PRUCO and all of its affiliates, collectively, subsequent to the date of policy issue. These maximum retention limits set forth in Exhibit A − Retention Limits as of the Ceding Companyeffective date of this Agreement are equal to the amounts shown in the Automatic Acceptance Limits table shown in Schedule A. The portion of the coverage that may be recaptured would be directly related to the increase in the limits. To illustrate, if the maximum retention limits are increased by 100%, then the portion that may be recaptured from all reinsurers of the policies reinsured under this Agreement would be equal to 100% of the portion of each reinsured policy that is retained by PRUCO. Furthermore, the Ceding Company has portion that may be recaptured from AUSA would be determined as AUSA's prorata share of the option total portion reinsured with all reinsurers. If PRUCO elects to recapture certain risk amountsthe risks ceded to AUSA under this Agreement as stated above, it will do so by giving written notice to AUSA. Upon the delivery of such notice, all of the risks previously ceded under each of the policies subject to this Agreement shall be recaptured, effective as of the date specified in PRUCO's notice. If PRUCO does not specify in the Ceding Company has maintained its stated retention for the plan and the insured's age, sex, and mortality classification on an automatic risk, or at least the lesser of its Per Life Retention Limit or [*] on a facultative risk, it may apply its increased retention limits to reduce the amount of reinsurance in force as follows:
(a) The Ceding Company must give the Reinsurer ninety (90) days written notice prior the date that such recapture is to its intended date be effective, then the recapture shall be effective immediately upon AUSA's receipt of recapture.
(b) The reduction of reinsurance on affected policies will become effective on the policy anniversary date immediately following the notice of election to recapture; however, no reduction will be made until notice. If a policy has been in force for a duration of at least [*].
(c) If any reinsured policy is recaptured, all reinsured policies eligible for recapture under AUSA will pay PRUCO the provisions of this Article must be recaptured up to the Ceding Company's new retention limits in a consistent manner and the Ceding Company must increase its total amount of insurance retained on each reinsured life. The Ceding Company may not revoke its election to recapture for policies becoming eligible at future anniversaries. Recapture for a policy may occur at different times because of different duration requirements under various unearned reinsurance agreements. For a policy subject to recapture from the Reinsurer that has met the duration requirement in clause (b) above, the revised Reinsured Net Amount at Risk shall be determined using Ceding Company's Retained Share as if the policy were eligible for recapture from all reinsurers who have a share of the risk on that policy (or who had a share of risk on that policy prior to an earlier recapture). For a policy not yet subject to recapture from the Reinsurer because of an unattained duration requirement, Reinsured Net Amount at Risk will continue being determined using Ceding Company's Retained Share as provided for in Exhibit A as if the policy were not eligible for recapture by any of the reinsurers who have or had a share of the risk on the policy. The amount of reinsurance eligible for recapture is based on the Net Amount at Risk premium as of the date of recapture. For a policy issued as a result of an exchange or conversionAUSA shall not be liable, the policy date and current duration of the new policy and the recapture provisions under this Agreement will be used. Following Agreement, for any claims incurred after the effective date of recapture, the Reinsurer will not be liable for any reinsured policies or portions of such reinsured policies eligible for recapture that the Ceding Company has overlooked inadvertently. If the Ceding Company transfers business that is reinsured under this Agreement to a successor ceding company, then the successor ceding company has the option to recapture the reinsurance in accordance with the recapture criteria outlined in this Article, but only if the successor ceding company has or adopts a higher maximum retention limit than that applicable to the block of business subject to recapture.
Appears in 1 contract
Sources: Reinsurance Agreement (Pruco Life Variable Universal Account)
Recapture. 12.1 Whenever the Ceding Company, pursuant to Article 11, increases The Company may apply an increase in its retention limits over the retention limits set forth in Exhibit A − Retention Limits of the Ceding Company, the Ceding Company has the option to recapture certain risk amounts. If the Ceding Company has maintained its stated retention for the plan and the insured's age, sex, and mortality classification on an automatic risk, or at least the lesser of its Per Life Retention Limit or [*] on a facultative risk, it may apply its increased retention limits to reduce the amount of inforce reinsurance in force as followsceded on an automatic basis provided that:
(a) The Ceding Company must give gives the Reinsurer ninety (90) days irrevocable written notice prior to of its intended date of recapture.
(b) The reduction of reinsurance on affected policies will become effective on the policy anniversary date immediately following the notice of election intention to recapture; however, no reduction and
b) Recapture will be effected on the next anniversary of each Reinsured Policy eligible for recapture unless agreed otherwise by both parties and with no recapture being made until a policy the Reinsured Policy has been in force for a duration of at least [*].
(c) If any reinsured policy is recaptured, all reinsured policies eligible for recapture under the provisions of this Article must be recaptured up to period specified in the Ceding Company's new retention limits in a consistent manner and the Ceding Company must increase its total amount of insurance retained on each reinsured life. The Ceding Company may not revoke its election to recapture for policies becoming eligible at future anniversaries. Recapture for a policy may occur at different times because of different duration requirements under various reinsurance agreementsapplicable Exhibit. For a conversion or re-entry, the recapture terms of the original policy subject to will apply and the duration for the recapture period will be measured from the Reinsurer that effective date of the original policy; and
c) The Company has met maintained, from the duration requirement time the policy was issued, its maximum limit of retention as set out in clause (b) aboveExhibit D, and has applied its increased Retention Limit to all categories set out in Exhibit D. In applying its increased Retention Limit to Reinsured Policies, the revised Reinsured Net Amount age and mortality rating at Risk shall the time of issue will be determined using Ceding used to determine the amount of the Company's Retained Share as if the policy were eligible for recapture from all reinsurers who have a share of the risk on that policy (or who had a share of risk on that policy prior to an earlier recapture). For a policy not yet subject to recapture from the Reinsurer because of an unattained duration requirement, Reinsured Net Amount at Risk will continue being determined using Ceding Company's Retained Share as provided for in Exhibit A as if the policy were not eligible for recapture by any of the reinsurers who have or had a share of the risk on the policyincreased retention. The amount of reinsurance eligible for recapture is will be the difference between the amount originally retained and the amount the Company would have retained had the new retention been in effect at the time of issue. The amount of reinsurance eligible for recapture will be determined based on the Net Amount reinsurance net amount at Risk risk as of the date of recapture. For a policy issued as a result of an exchange or conversionIf there is reinsurance with other reinsurers on risks eligible for recapture, the policy date reduction will be applied pro rata to the total outstanding reinsurance. Recapture is optional, but if any reinsured business is recaptured, all eligible reinsured business must be recaptured. Eligible reinsured business means business with the same form of underwriting. In addition, all life risks reinsured under any other reinsurance agreement between the Reinsurer and current duration the Company which are eligible for recapture must be similarly recaptured. No reserves for the recaptured business will be paid to the Company by the Reinsurer. (QT 2▇▇▇▇▇▇▇▇) Effective as of the new policy and the recapture provisions under this Agreement will be used. Following the effective date of recapturedate, the Reinsurer will not be liable for any eligible reinsured policies business which was overlooked. The parties' obligations for any recaptured business will be limited to those relating to events or portions circumstances arising or occurring before the recapture date, including payment of such reinsured policies the termination settlement amount. If a cession eligible for recapture that has been overlooked by the Ceding Company has overlooked inadvertentlyCompany, the liability of the Reinsurer will be limited to the refund of the amount of premiums accepted by the Reinsurer after the date of recapture, less allowances or claims paid, if any. If the Ceding Company transfers business that is reinsured Upon recapture, each party will be deemed to be fully and finally released from all obligations under this Agreement to a successor ceding company, then the successor ceding company has the option to recapture the reinsurance in accordance with the recapture criteria outlined in this Article, but only if the successor ceding company has or adopts a higher maximum retention limit than that applicable respect to the block of business subject to recapturerecaptured business.
Appears in 1 contract
Sources: Reinsurance Agreement (Ameritas Variable Separate Account V)
Recapture. 12.1 Whenever the Ceding Company, pursuant to Article 11, increases its retention limits over the retention limits set forth in Exhibit A − - Retention Limits of the Ceding Company, the Ceding Company has the option to recapture certain risk amounts. If the Ceding Company has maintained its maximum stated retention for the plan and the insured's age, sex, and mortality classification on an automatic risk, or at least the lesser of its Per Life Retention Limit or [*percentage] on a facultative risk, it may apply its increased retention limits to reduce the amount of reinsurance in force as follows:
(a) The Ceding Company must give the Reinsurer ninety (90) days written notice prior to its intended date of recapture.
(b) The reduction of reinsurance on affected policies will become effective on the policy anniversary date immediately following the notice of election to recapture; however, no reduction will be made until a policy has been in force for a duration of at least [*]ten (10) years.
(c) If any reinsured policy is recaptured, all reinsured policies eligible for recapture under the provisions of this Article must be recaptured up to the Ceding Company's new retention limits in a consistent manner and the Ceding Company must increase its total amount of insurance retained on each reinsured life. The Ceding Company may not revoke its election to recapture for policies becoming eligible at future anniversaries. Recapture for a policy may occur at different times because of different duration requirements under various reinsurance agreements. For a policy subject to recapture from the Reinsurer that has met the duration requirement in clause (b) above, the revised Reinsured Net Amount at Risk shall be determined using Ceding Company's Retained Share as if the policy were eligible for recapture from all reinsurers who have a share of the risk on that policy (or who had a share of risk on that policy prior to an earlier recapture). For a policy not yet subject to recapture from the Reinsurer because of an unattained duration requirement, Reinsured Net Amount at Risk will continue being determined using Ceding Company's Retained Share as provided for in Exhibit A as if the policy were not eligible for recapture by any of the reinsurers who have or had a share of the risk on the policy. The amount of reinsurance eligible for recapture is based on the Net Amount at Risk as of the date of recapture. For a policy issued as a result of an exchange or conversiona fully-underwritten exchange, the policy date and current duration of the new policy and the recapture provisions under this Agreement will be used. Following the effective date of recapture, the Reinsurer will not be liable for any reinsured policies or portions of such reinsured policies eligible for recapture that the Ceding Company has overlooked inadvertently. IDSL VUL4/LP Select Treaty 19 If the Ceding Company transfers business that is reinsured under this Agreement to a successor ceding company, then the successor ceding company has the option to recapture the reinsurance in accordance with the recapture criteria outlined in this Article, but only if the successor ceding company has or adopts a higher maximum retention limit than that applicable to the block of business subject to recapture.
Appears in 1 contract
Sources: Reinsurance Agreement (Ids Life Variable Life Separate Account)
Recapture. 12.1 Whenever the Ceding Company, pursuant to Article 11, increases The Company may apply its increased maximum retention limits over to reduce the amount of in force Reinsured Policies provided:
8.2.1 The Company gives the Reinsurer irrevocable written notice of its intention to recapture within 90 days of the effective date of the maximum retention limits set forth limit increase; and
8.2.2 Such recaptures are made on the next anniversary of each Reinsured Policy affected unless mutually agreed otherwise by the Company and the Reinsurer and with no recapture being made until the Reinsured Policy has been in force for the period stated in Exhibit A − Retention Limits C-1. For a conversion or re-entry, the recapture terms of the Ceding Company, original policy will apply and the Ceding Company has duration for the option to recapture certain risk amounts. If period will be measured from the Ceding effective date of the original policy; and
8.2.3 The Company has maintained from the time the policy was issued, its stated full retention as set out in Exhibit D for the plan and the insured's age, sex, and mortality classification on an automatic risk, or at least the lesser of its Per Life Retention Limit or [*] classification. (Reinsured policies on a facultative risk, it may apply first dollar quota share basis will not be eligible for recapture;) and
8.2.4 The Company has applied its increased retention limits to reduce the amount of reinsurance in force as follows:
(a) The Ceding Company must give the Reinsurer ninety (90) days written notice prior to its intended date of recapture.
(b) The reduction of reinsurance on affected policies will become effective on the policy anniversary date immediately following the notice of election to recapture; however, no reduction will be made until a policy has been in force for a duration of at least [*].
(c) If any reinsured policy is recaptured, all reinsured policies eligible for recapture under the provisions of this Article must be recaptured up to the Ceding Company's new retention limits Retention Limits in a consistent manner and to all categories of its Retention Limits set out in Exhibit D unless otherwise agreed to by the Ceding Company must increase its total amount of insurance retained on each reinsured life. The Ceding Company may not revoke its election to recapture for policies becoming eligible at future anniversaries. Recapture for a policy may occur at different times because of different duration requirements under various Reinsurer; and
8.2.5 Other than as respects bona fide catastrophe or financial reinsurance agreements. For a policy subject to recapture from the Reinsurer that has met the duration requirement in clause (b) abovearrangements, the revised Reinsured Net Amount at Risk shall be determined using Ceding Company's Retained Share as if the policy were eligible for recapture Company will retain all risks so recaptured and is prohibited from all reinsurers who have a share of the risk on that policy (or who had a share of risk on that policy prior to an earlier recapture). For a policy not yet subject to recapture from the Reinsurer because of an unattained duration requirement, Reinsured Net Amount at Risk will continue being determined using Ceding Company's Retained Share as provided for ceding in Exhibit A as if the policy were not eligible for recapture by any form any of the reinsurers who have or had a share recaptured business without the Reinsurer's prior written consent. In applying its increased Retention Limits to Reinsured Policies, the age and mortality rating at the time of issue will be used to determine the amount of the risk on the policyCompany's increased maximum retention. The amount of reinsurance eligible for recapture is based on the Net Amount reinsurance net amount at Risk risk as of the date of recapture. For a policy issued as a result of an exchange or conversionIf there is reinsurance with other companies on risks eligible for recapture, the policy date and current duration necessary reduction is to be applied pro rata to the total outstanding reinsurance. Recapture as provided herein is optional with the Company, but if any Reinsured Policy is recaptured, all Reinsured Policies eligible for recapture under the provisions of this Article must be similarly recaptured as well as all eligible life risks reinsured under any other reinsurance agreement in force between, on one hand, the Reinsurer and, on the other hand, the Company or any common retention affiliate thereof as to which any recapture rights may then be available to the Company or such affiliate. For purposes of this provision, the term "common retention affiliate" means any affiliate of the new policy and Company as to which corporate mortality risk retention levels have been managed on a coordinated basis with the Company's risk retention program. The Company may not revoke its election to recapture provisions under this Agreement for Reinsured Policies becoming eligible at future anniversaries. No recapture of Reinsured Policies will occur if the Company has either obtained or increased stop loss reinsurance coverage as justification for the increase in maximum retention. The Reinsurer will not be used. Following liable, after the effective date of recapture, the Reinsurer will not be liable for any reinsured policies Reinsured Policies or portions of such reinsured policies Reinsured Policies eligible for recapture that the Ceding Company has overlooked inadvertentlyoverlooked. The Reinsurer will be liable only for a credit of the premiums, received after the recapture date, less any allowance. The terms and conditions for the Company to recapture in force Reinsured Policies due to the insolvency of the Reinsurer are set out in the Insolvency clause in Article 11. If the Ceding Company transfers business that which is reinsured under this Agreement to a successor ceding company, then the successor ceding company has the option to recapture the reinsurance reinsurance, in accordance with the recapture criteria outlined in this Article, but only if the successor ceding company has or adopts a higher maximum retention limit than that applicable to the block of business subject to recaptureCompany.
Appears in 1 contract
Sources: Reinsurance Agreement (Jackson National Separate Account Iv)
Recapture. 12.1 11.1 Whenever the Ceding Company, pursuant to Article 11, Company increases its maximum retention limits over the maximum retention limits set forth in Exhibit A − Retention Limits of A, the Ceding Company, through the Ceding Company Administrator, has the option to recapture certain risk amounts. If the Ceding Company has maintained its maximum stated retention (not a special retention limit) for the plan and the insured's ’s issue age, sex, and mortality classification on an automatic risk, or at least the lesser of its Per Life Retention Limit or [*] on a facultative riskclassification, it may apply its increased retention limits to reduce the amount of reinsurance in force as follows:.
(a) The Ceding Company Company, through the Administrator, must give the Reinsurer ninety MARC thirty (9030) days written notice prior to its intended date the commencement of recapture.
(b) The reduction of reinsurance on affected policies will become effective on the policy anniversary date immediately following the notice of election to recapture; however, no reduction will be made until a policy has been in force for a duration of at least [*]twenty (20) years.
(c) If any reinsured policy is recaptured, all reinsured policies eligible for recapture under the provisions of this Article must be recaptured up to the Ceding Company's ’s new maximum retention limits in a consistent manner and the Ceding Company must increase its total amount of insurance retained on each reinsured life. The Ceding Company may not revoke its election to recapture for policies becoming eligible at future anniversaries. Recapture for a If portions of the reinsured policy may occur at different times because of different duration requirements under various reinsurance agreements. For a policy subject have been ceded to recapture from the Reinsurer that has met the duration requirement in clause (b) abovemore than one reinsurer, the revised Reinsured Net Amount at Risk shall be determined using Ceding Company's Retained Share , through the Administrator, must allocate the reduction in reinsurance so that the amount reinsured by each reinsurer after the reduction is proportionately the same as if the policy were eligible for recapture from all reinsurers who have a share new maximum dollar retention limits had been in effect at the time of the risk on that policy (or who had a share of risk on that policy prior to an earlier recapture). For a policy not yet subject to recapture from the Reinsurer because of an unattained duration requirement, Reinsured Net Amount at Risk will continue being determined using Ceding Company's Retained Share as provided for in Exhibit A as if the policy were not eligible for recapture by any of the reinsurers who have or had a share of the risk on the policyissue. The amount of reinsurance eligible for recapture is based on the Net Amount current amount at Risk risk as of the date of recapture. For a policy issued as a result of an exchange or exchange, conversion, or re-entry, the policy date and current duration recapture terms of the new reinsurance agreement covering the original policy will apply, and the duration period for the purpose of recapture provisions under this Agreement will be usedmeasured from the effective date of the reinsurance on the original policy. Following If there is a reinsured waiver of premium claim in effect when recapture takes place, MARC will continue to pay its share of the waiver claim until it terminates. MARC will not be liable for any other benefits, including the basic life risk, that are eligible for recapture. All such eligible benefits will be recaptured as if there were no waiver claim in effect. After the effective date of recapture, the Reinsurer MARC will not be liable for any reinsured policies or portions of such reinsured policies eligible for recapture that the Ceding Company has overlooked inadvertentlyoverlooked. If No recapture will be permitted if the Ceding Company transfers business that is reinsured under this Agreement to a successor ceding company, then has either obtained or increased stop loss reinsurance coverage as justification for the successor ceding company has the option to recapture the reinsurance increase in accordance with the recapture criteria outlined in this Article, but only if the successor ceding company has or adopts a higher maximum retention limit than that applicable to the block of business subject to recapturelimits.
Appears in 1 contract
Sources: Automatic Yrt Second Excess Reinsurance Agreement (First Trinity Financial CORP)
Recapture. 12.1 Whenever the Ceding Company, pursuant to Article 11, increases its retention limits over the retention limits set forth in Exhibit A − Retention Limits of the Ceding Company, the Ceding Company has the option to recapture certain risk amounts. If the Ceding Company has maintained its stated retention for the plan and the insured's age, sex, and mortality classification on an automatic risk, or at least the lesser of its Per Life Retention Limit or [*] on a facultative risk, it may apply its increased retention limits to reduce the amount of reinsurance in force as follows:
(a) The Ceding Company must give notify the Reinsurer in writing within ninety (90) days written notice prior to its intended of the effective date of an increase of its intent to recapture.
(b) The reduction of reinsurance on affected policies will become effective on the policy anniversary date immediately following the notice of election to recapture; however, no reduction will be made until a policy has been in force for a duration of at least [*].
(c) If any reinsured policy is recaptured, all reinsured policies eligible for recapture under the provisions of this Article must be recaptured up to the Ceding Company's new retention limits in a consistent manner and the Ceding Company must increase its total amount of insurance retained on each reinsured life. The Ceding Company may not revoke its election to recapture for policies becoming eligible at future anniversaries. For the sake of clarity, the increased retention limits used as a basis to reduce the amount of reinsurance in force may be the result of an increase in the Ceding Company's Per Life Retention, an increase to the [*] quota share retention rate outlined in Exhibit A, or both. Recapture for a policy may occur at different times because of different duration requirements under various reinsurance agreements. For a policy subject to recapture from the Reinsurer that has met the duration requirement in clause (b) above, the revised Reinsured Net Amount at Risk shall be determined using Ceding Company's Retained Share as if the policy were eligible for recapture from all reinsurers who have a share of the risk on that policy (or who had a share of risk on that policy prior to an earlier recapture). For a policy not yet subject to recapture from the Reinsurer because of an unattained duration requirement, Reinsured Net Amount at Risk will continue being determined using Ceding Company's Retained Share as provided for in Exhibit A as if the policy were not eligible for recapture by any of the reinsurers who have or had a share of the risk on the policy. The amount of reinsurance eligible for recapture is based on the Net Amount at Risk as of the date of recapture. For a policy issued as a result of an exchange or conversion, the policy date and current duration of the new policy and the recapture provisions under this Agreement will be used. 18 Following the effective date of recapture, the Reinsurer will not be liable for any reinsured policies or portions of such reinsured policies eligible for recapture that the Ceding Company has overlooked inadvertently. If the Ceding Company transfers business that is reinsured under this Agreement to a successor ceding company, then the successor ceding company has the option to recapture the reinsurance in accordance with the recapture criteria outlined in this Article, but only if the successor ceding company has or adopts a higher maximum retention limit than that applicable to the block of business subject to recapture.
Appears in 1 contract
Sources: Reinsurance Agreement (Riversource Variable Life Separate Account)
Recapture. 12.1 Whenever the Ceding Company, pursuant to Article 11, increases its retention limits over the retention limits set forth in Exhibit A − Retention Limits The Reinsurer's Portion of the Ceding Company, Policies is eligible for recapture commencing after the Ceding twelfth (12th) consecutive month of this Agreement provided the Company has the option to recapture certain risk amounts. If the Ceding Company has maintained its stated retention for the plan and the insured's age, sex, and mortality classification on an automatic risk, or at least the lesser of its Per Life Retention Limit or [*] on a facultative risk, it may apply its increased retention limits to reduce the amount of reinsurance in force as follows:
(a) The Ceding Company must give gives the Reinsurer ninety (90) days written advance notice prior as set forth below of its intent to its intended date recapture such policies, and further provided that: (a) such recapture comprises all of recapture.
the Policies, (b) The reduction such notice designates the effective date of reinsurance on affected policies will become effective on the policy anniversary intended recapture (which date immediately following shall be the notice end of election to recapture; howevera month that ends after the expiration of the aforesaid ninety (90) day period), no reduction will be made until a policy has been in force for a duration of at least [*].
(c) If any reinsured policy is recaptured, all reinsured policies eligible for recapture under the provisions of this Article must be recaptured up to the Ceding Company's new retention limits in a consistent manner and the Ceding Company must increase its total amount of insurance retained on each reinsured life. The Ceding Company may not revoke its election to recapture for policies becoming eligible at future anniversaries. Recapture for a policy may occur at different times because of different duration requirements under various reinsurance agreements. For a policy subject to recapture from pays the Reinsurer that has met the duration requirement in clause (b) above, the revised Reinsured Net Amount at Risk shall a recapture fee to be determined using Ceding Company's Retained Share as if the policy were eligible for recapture from all reinsurers who have a share of the risk on that policy (or who had a share of risk on that policy prior to an earlier recapture). For a policy not yet subject to recapture from the Reinsurer because of an unattained duration requirement, Reinsured Net Amount at Risk will continue being determined using Ceding Company's Retained Share as provided for in Exhibit A as if the policy were not eligible for recapture by any of the reinsurers who have or had a share of the risk on the policy. The amount of reinsurance eligible for recapture is based on the Net Amount at Risk as of the effective date of recapture. For the recapture and (d) such recapture fee shall be an amount equal to the sum of (i) the value of the Reinsurer's Portion of the Policies that is being recaptured determined by an actuarial valuation performed in respect to the Policies as of the effective date of the recapture subject to such valuation being acceptable to and agreed to by both the Company and the Reinsurer, the cost of which shall be borne by the Company, plus (ii) a policy issued recapture "premium" in an amount equal to twenty-three percent (23%) of the value determined by said actuarial valuation, plus (iii) all amounts due to the Reinsurer from the Company as a result of an exchange or conversion, the policy date and current duration of the new policy and the recapture provisions under this Agreement will be used. Following Monthly Cash Settlements as set forth in Section 5.3 below through the effective date of recapture. In the event of recapture as aforesaid, the Reinsurer will not Company shall assume and be liable responsible for any reinsured policies or portions all liabilities of the recaptured Policies and all administration and data processing responsibilities relating thereto, thereby totally and absolutely relieving the Reinsurer, as of the effective date of such reinsured policies eligible for recapture, of all of its responsibilities and liabilities otherwise existing by virtue of this Agreement. The Reinsurer shall transfer to the Company within thirty (30) days following the effective date of the recapture that assets equal to the Ceding Company has overlooked inadvertentlyReinsurer's Portion of the liabilities of the recaptured Policies. If Such assets shall consist of the Ceding Company transfers business that is reinsured under this Agreement to a successor ceding company, then the successor ceding company has the option to recapture the reinsurance in accordance policy assets associated with the recapture criteria outlined in this ArticleReinsurer's Portion of the Policies (i.e., but only if policy loans and due and deferred premiums) and the successor ceding company has balance, at the election of the Reinsurer, shall consist of cash, or adopts investment grade bonds valued so as to have a higher maximum retention limit than that applicable yield to maturity equal to seven percent (7%), or the mortgage loans heretofore transferred to the block Reinsurer by the Company in connection with the Assumption Reinsurance Agreement (valued at the aggregate amount of business subject to the loan balances of said loans at the effective date of the recapture), or a combination thereof.
Appears in 1 contract
Sources: Coinsurance Agreement (Acap Corp)
Recapture. 12.1 Whenever the Ceding Company, pursuant to Article 11, Company increases its maximum retention limits over the maximum retention limits set forth in Exhibit A − - Retention Limits of the Ceding Company, the Ceding Company has the option to recapture certain risk amounts. If the Ceding Company has maintained its maximum stated retention (not a special retention limit) for the plan and the insured's age, sex, and mortality classification on an automatic risk, or at least the lesser of its Per Life Retention Limit or [*] on a facultative riskclassification, it may apply its increased retention limits to reduce the amount of reinsurance in force as follows:
(a) The Ceding Company must give the Reinsurer ninety (90) 90 days written notice prior to its intended date of recapture.
(b) The reduction of reinsurance on affected policies will become effective on the policy anniversary date immediately following the notice of election to recapture; however, no reduction will be made until a policy has been in force for a duration of at least [*]10 years.
(c) If any reinsured policy is recaptured, all reinsured policies eligible for recapture under the provisions of this Article must be recaptured up to the Ceding Company's new maximum retention limits in a consistent manner and the Ceding Company must increase its total amount of insurance retained on each reinsured life. The Ceding Company may not revoke its election to recapture for policies becoming eligible at future anniversaries. Recapture for a If portions of the reinsured policy may occur at different times because of different duration requirements under various reinsurance agreements. For a policy subject have been ceded to recapture from the Reinsurer that has met the duration requirement in clause (b) abovemore than one reinsurer, the revised Reinsured Net Amount at Risk shall be determined using Ceding Company's Retained Share as if Company must allocate the policy were eligible for recapture from reduction in reinsurance among all the reinsurers who have a share so that the relationship of the risk on that policy (or who had a share of risk on that policy prior to an earlier recapture). For a policy not yet subject to recapture from the Reinsurer because of an unattained duration requirement, Reinsured Net Amount at Risk will continue being determined using Ceding Company's Retained Share as provided for in Exhibit A as if the policy were not eligible for recapture by any of total reinsurance among the reinsurers who have or had a share of in any given layer does not change due to the risk on the policyrecapture. The amount of reinsurance eligible for recapture is based on the Net Amount net amount at Risk risk as of the date of recapture. For a policy issued as a result of an exchange or conversiona fully-underwritten exchange, the policy date and the current duration of the new policy and the recapture provisions under this Agreement will be used. Following After the effective date of recapture, the Reinsurer will not be liable for any reinsured policies or portions of such reinsured policies eligible for recapture that the Ceding Company has overlooked inadvertentlyoverlooked. If the Ceding Company transfers business that is reinsured under this Agreement to a successor ceding company, then the successor ceding company has the option to recapture the reinsurance in accordance with the recapture criteria outlined in this Article, but only if the successor ceding company has or adopts a higher maximum retention limit than that applicable to the block of business subject to recapture.. IDS VUL JLLS Generic Master Treaty
Appears in 1 contract
Sources: Automatic Yrt Reinsurance Agreement (Ids Life Variable Life Separate Account)
Recapture. 12.1 Whenever the Ceding Company, pursuant to Article 11, increases its retention limits over the retention limits set forth in Exhibit A − - Retention Limits of the Ceding Company, the Ceding Company has the option to recapture certain risk amounts. If the Ceding Company has maintained its maximum stated retention for the plan and the insured's age, sex, and mortality classification on an automatic risk, or at least the lesser of its Per Life Retention Limit or [*percentage] on a facultative risk, it may apply its increased retention limits to reduce the amount of reinsurance in force as follows:
(a) The Ceding Company must give the Reinsurer ninety (90) days written notice prior to its intended date of recapture.
(b) The reduction of reinsurance on affected policies will become effective on the policy anniversary date immediately following the notice of election to recapture; however, no reduction will be made until a policy has been in force for a duration of at least [*]number] years.
(c) If any reinsured policy is recaptured, all reinsured policies eligible for recapture under the provisions of this Article must be recaptured up to the Ceding Company's new retention limits in a consistent manner and the Ceding Company must increase its total amount of insurance retained on each reinsured life. The Ceding Company may not revoke its election to recapture for policies becoming eligible at future anniversaries. Recapture for a policy may occur at different times because of different duration requirements under various reinsurance agreements. For a policy subject to recapture from the Reinsurer that has met the duration requirement in clause (b) above, the revised Reinsured Net Amount at Risk shall be determined using Ceding Company's Retained Share as if the policy were eligible for recapture from all reinsurers who have a share of the risk on that policy (or who had a share of risk on that policy prior to an earlier recapture). For a policy not yet subject to recapture from the Reinsurer because of an unattained duration requirement, Reinsured Net Amount at Risk will continue being determined using Ceding Company's Retained Share as provided for in Exhibit A as if the policy were not eligible for recapture by any of the reinsurers who have or had a share of the risk on the policy. The amount of reinsurance eligible for recapture is based on the Net Amount at Risk as of the date of recapture. For a policy issued as a result of an exchange or conversiona fully-underwritten exchange, the policy date and current duration of the new policy and the recapture provisions under this Agreement will be used. IDSL VUL4 / LP Select Treaty 19 Following the effective date of recapture, the Reinsurer will not be liable for any reinsured policies or portions of such reinsured policies eligible for recapture that the Ceding Company has overlooked inadvertently. If the Ceding Company transfers business that is reinsured under this Agreement to a successor ceding company, then the successor ceding company has the option to recapture the reinsurance in accordance with the recapture criteria outlined in this Article, but only if the successor ceding company has or adopts a higher maximum retention limit than that applicable to the block of business subject to recapture.
Appears in 1 contract
Sources: Reinsurance Agreement (Ids Life Variable Life Separate Account)
Recapture. 12.1 Whenever the Ceding Company, pursuant to Article 11, increases its retention limits over the retention limits set forth in Exhibit A − Retention Limits of the Ceding Company, the Ceding Company has the option to recapture certain risk amounts. If the Ceding Company has maintained increases its stated retention for Maximum Dollar Retention Limits listed in Section 3 of Schedule A, then it may, with 90 days' written notice to the plan and Reinsurer, reduce or recapture the insured's age, sex, and mortality classification on an automatic risk, or at least the lesser of its Per Life Retention Limit or [*] on a facultative risk, it may apply its increased retention limits to reduce the amount of reinsurance in force as followssubject to the following requirements:
(a) i. An in-force cession is not eligible for recapture until it has been reinsured for the minimum number of years shown in Section 7 of Schedule A. The Ceding Company must give the Reinsurer ninety (90) days written notice prior to its intended effective date of recapture.
(b) The the reduction in reinsurance will be the later of reinsurance on affected policies will become effective on the first policy anniversary following the expiration of the 90-day notice period to recapture and the policy anniversary date immediately following when the notice required minimum number of election to recapture; however, no reduction will be made until a policy has been in force for a duration of at least [*]years is attained.
(c) If any reinsured policy is recaptured, ii. On all reinsured policies eligible for recapture under recapture, reinsurance will be reduced by the provisions of this Article must be recaptured amount necessary to increase the total insurance retained up to the Ceding Company's new retention limits Maximum Dollar Retention Limits.
iii. If more than one policy per life is eligible for recapture, then any recapture must be effected beginning with the policy with the earliest issue date and continuing in a consistent manner and chronological order according to the Ceding Company must increase its total amount of insurance retained on each reinsured liferemaining policies' issue dates.
iv. The Ceding Company may not revoke rescind its election to recapture for policies becoming eligible at future anniversaries.
v. Recapture of reinsurance will not be allowed on any policy for which the Ceding Company did not keep its Maximum Dollar Retention Limit at issue. Recapture for a policy may occur at different times because of different duration requirements under various reinsurance agreements. For a policy subject to recapture from the Reinsurer that has met the duration requirement in clause (b) above, the revised Reinsured Net Amount at Risk shall be determined using The Ceding Company's Retained Share as if the Maximum Dollar Retention Limits are stated in Section 3 of Schedule A.
vi. If any policy were eligible for recapture is also eligible for recapture from all reinsurers who have a share of other reinsurers, the risk reduction in the Reinsurer's reinsurance on that policy (or who had a share of risk on that policy prior will be in proportion to an earlier recapture). For a policy not yet subject to recapture from the Reinsurer because of an unattained duration requirement, Reinsured Net Amount at Risk will continue being determined using Ceding Company's Retained Share as provided for in Exhibit A as if the policy were not eligible for recapture by any of the reinsurers who have or had a share of the risk on the policy. The total amount of reinsurance eligible for recapture is based on the Net Amount at Risk as of the date of recapturelife with all reinsurers.
vii. For a policy issued as a result of an exchange or conversion, the policy date and current duration of the new policy and the recapture provisions under this Agreement will be used. Following the effective date of recapture, the Reinsurer Recapture will not be liable for made on a basis that may result in any reinsured policies or portions of such reinsured policies eligible for recapture that anti-selection against the Reinsurer. However, if the Reinsurer has given the Ceding Company has overlooked inadvertently. If written notice of a reinsurance premium rate increase and the Ceding Company transfers business that is reinsured under this Agreement to a successor ceding company, then the successor ceding company has the option Exercises their right to recapture the reinsurance as set forth in accordance with the recapture criteria outlined in this ArticleArticle 7.e, but only if the successor ceding company has or adopts a higher maximum retention limit than that applicable to the block of business subject to recapturerestrictions i. and v. above shall not apply.
Appears in 1 contract
Sources: Reinsurance Agreement (Tiaa-Cref Life Separate Account Vli-1)
Recapture. 12.1 Whenever the Ceding CompanyCompany changes its limits of retention, pursuant to Article 11, it shall promptly notify the Reinsurer. If the Company increases its retention limits over the retention limits set forth in Exhibit A − Retention Limits of the Ceding Company, the Ceding Company has the option to recapture certain risk amounts. If the Ceding Company has maintained its stated retention for the plan and the insured's age, sex, and mortality classification on an automatic risk, or at least the lesser of its Per Life Retention Limit or [*] on a facultative risklimits, it may apply exercise its increased retention limits to right of recapture and reduce the amount existing reinsurance by a corresponding amount, in accordance with the following rules.
1. No reduction shall be made in the reinsurance on any policy unless the Company retained its maximum retention limit for the plan, age and mortality ratings at the time the policy was issued.
2. The reduction in reinsurance shall be made on the next anniversary of reinsurance in each policy affected. However, no reduction shall be made until a policy has been in-force as follows:for ten years.
(a) 3. The Ceding Company must shall give the Reinsurer ninety (90) days written notice prior to of its intended date of recapture.
(b) The reduction of reinsurance on affected policies will become effective on the policy anniversary date immediately following the notice of election to recapture; however, no reduction will be made until a policy has been in force for a duration of at least [*].
(c) If any reinsured policy is recaptured, all reinsured policies eligible for recapture under the provisions of this Article must be recaptured up to the Ceding Company's new retention limits in a consistent manner and the Ceding Company must increase its total amount of insurance retained on each reinsured life. The Ceding Company may not revoke its election intention to recapture for policies becoming eligible at future anniversaries. Recapture for a policy may occur at different times because of different duration requirements under various reinsurance agreements. For a policy subject to recapture from the Reinsurer that has met the duration requirement in clause (b) above, the revised Reinsured Net Amount at Risk shall be determined using Ceding Company's Retained Share as if the policy were eligible for recapture from all reinsurers who have a share of the risk on that policy (or who had a share of risk on that policy prior to an earlier recapture). For a policy not yet subject to recapture from the Reinsurer because of an unattained duration requirement, Reinsured Net Amount at Risk will continue being determined using Ceding Company's Retained Share as provided for in Exhibit A as if the policy were not eligible for recapture by any of the reinsurers who have or had a share of the risk on the policy. The amount of reinsurance eligible for recapture is based on the Net Amount at Risk as of the date of recapture. For a policy issued as a result of an exchange or conversion, the policy date and current duration of the new policy and the recapture provisions under this Agreement will be used. Following the effective date of recapture, the Reinsurer will not be liable for any reinsured policies or portions of such reinsured policies eligible for recapture that the Ceding Company has overlooked inadvertently. If the Ceding Company transfers existing business that is reinsured under this Agreement to a successor ceding company, then the successor ceding company has the option to recapture the reinsurance in accordance with its new limits of retention.
4. If any reinsurance is recaptured following a retention increase, all reinsurance which is subject to recapture under these provisions must be similarly recaptured.
5. If there is reinsurance in other companies on risks eligible for recapture, the Cologne's reduction will be in proportion to its share of the total reinsurance on the life.
6. In the event that any reinsurance policy affected by recapture criteria outlined is overlooked, the acceptance by the Reinsurer of reinsurance premiums after the effective dates of the reductions or cancellations shall not constitute or determine a liability on the part of the Reinsurer for such reinsurance, and the Reinsurer shall be liable only for a refund of the premiums so received, without interest.
7. No reduction may be made in this Articleany supplemental benefits reinsured unless the life reinsurance is also being reduced.
8. If at the time of recapture the risk is an active claim for Waiver of Premium Disability, but only if the successor ceding company has or adopts a higher maximum retention limit than that applicable to the block of business life risk shall be considered subject to recapture. However, the original disability reinsurance shall remain in force until such time as the disability claim ceases.
Appears in 1 contract
Recapture. 12.1 Whenever the Ceding Company, pursuant to Article 11, increases The Company may apply an increase in its retention limits over the retention limits set forth in Exhibit A − Retention Limits of the Ceding Company, the Ceding Company has the option to recapture certain risk amounts. If the Ceding Company has maintained its stated retention for the plan and the insured's age, sex, and mortality classification on an automatic risk, or at least the lesser of its Per Life Retention Limit or [*] on a facultative risk, it may apply its increased retention limits to reduce the ceded amount of inforce reinsurance in force as followsprovided that:
(a) The Ceding Company must give gives the Reinsurer ninety (90) days irrevocable written notice prior to of its intended date of recapture.
(b) The reduction of reinsurance on affected policies will become effective on the policy anniversary date immediately following the notice of election intention to recapture; however, no reduction and
b) Recapture will be effected on the next anniversary of each Reinsured Policy eligible for recapture unless agreed otherwise by both parties and with no recapture being made until a policy the Reinsured Policy has been in force for a duration of at least [*].
(c) If any reinsured policy is recaptured, all reinsured policies eligible for recapture under the provisions of this Article must be recaptured up to the Ceding Company's new retention limits period specified in a consistent manner and the Ceding Company must increase its total amount of insurance retained on each reinsured life. The Ceding Company may not revoke its election to recapture for policies becoming eligible at future anniversaries. Recapture for a policy may occur at different times because of different duration requirements under various reinsurance agreementsExhibit C-1. For a conversion or re-entry, the recapture terms of the original policy subject to will apply and the duration for the recapture period will be measured from the Reinsurer that effective date of the original policy; and
c) The Company has met maintained, from the duration requirement time the policy was issued, its full retention as set out in clause (b) aboveExhibit D, and has applied its increased Retention Limit to all categories set out in Exhibit D. In applying its increased Retention Limit to Reinsured Policies, the revised Reinsured Net Amount age and mortality rating at Risk shall the time of issue will be determined using Ceding used to determine the amount of the Company's Retained Share as if the policy were eligible for recapture from all reinsurers who have a share of the risk on that policy (or who had a share of risk on that policy prior to an earlier recapture). For a policy not yet subject to recapture from the Reinsurer because of an unattained duration requirement, Reinsured Net Amount at Risk will continue being determined using Ceding Company's Retained Share as provided for in Exhibit A as if the policy were not eligible for recapture by any of the reinsurers who have or had a share of the risk on the policyincreased retention. The amount of reinsurance eligible for recapture is will be the difference between the amount originally retained and the amount the Company would have retained had the new retention been in effect at the time of issue. The amount of reinsurance eligible for recapture will be determined based on the Net Amount reinsurance net amount at Risk risk as of the date of recapture. For a policy issued as a result of an exchange or conversionIf there is reinsurance with other reinsurers on risks eligible for recapture, the policy date reduction will be applied pro rata to the total outstanding reinsurance. Recapture is optional, but if any reinsured business is recaptured, all eligible reinsured business must be recaptured. In addition, all life risks reinsured under any other reinsurance agreement between the Reinsurer and current duration the Company which are eligible for recapture must be similarly recaptured. No reserves for the recaptured business will be paid to the Company by the Reinsurer. Effective as of the new policy and the recapture provisions under this Agreement will be used. Following the effective date of recapturedate, the Reinsurer will not be liable for any reinsured policies eligible business which was overlooked. The parties' obligations for any recaptured business will be limited to those relating to events or portions of such reinsured policies eligible for circumstances arising or occurring before the recapture that the Ceding Company has overlooked inadvertentlydate. If the Ceding Company transfers business that is reinsured Upon recapture, each party will be deemed to be fully and finally released from all obligations under this Agreement to a successor ceding company, then the successor ceding company has the option to recapture the reinsurance in accordance with the recapture criteria outlined in this Article, but only if the successor ceding company has or adopts a higher maximum retention limit than that applicable respect to the block of business subject to recapturerecaptured business.
Appears in 1 contract
Sources: Reinsurance Agreement (Ameritas Variable Separate Account V)
Recapture. 12.1 Whenever At any time during the Ceding Companyterm of the Agreement, pursuant PRUCO may elect to Article 11recapture in full the coverage reinsured under this Agreement following the occurrence of either of the following events: (1) a "Risk Trigger Event" as defined in Schedule A of this Agreement for policies issued prior to January 1, 2004; or (2) a Plan Change as described in Section 19 d. above. PRUCO may not recapture policies issued on or after January 1, 2004, following the occurrence of a "Risk Trigger Event." In addition, after the twentieth policy anniversary, PRUCO may elect to recapture all or an appropriate portion of the coverage reinsured under this Agreement to reflect increases its in the maximum retention limits over for PRUCO and all of its affiliates, collectively, subsequent to the date of policy issue. These maximum retention limits set forth in Exhibit A − Retention Limits as of the Ceding Companyeffective date of this Agreement are equal to the amounts shown in the Automatic Acceptance Limits table shown in Schedule A. The portion of the coverage that may be recaptured would be directly related to the increase in the limits. To illustrate, if the maximum retention limits are increased by 100%, then the portion that may be recaptured from all reinsurers of the policies reinsured under this Agreement would be equal to 100% of the portion of each reinsured policy that is retained by PRUCO. Furthermore, the Ceding Company has portion that may be recaptured from SWISS RE would be determined as SWISS RE's prorata share of the option total portion reinsured with all reinsurers. If PRUCO elects to recapture certain risk amountsthe risks ceded to SWISS RE under this Agreement as stated above, it will do so by giving written notice to SWISS RE. Upon the delivery of such notice, all of the risks previously ceded under each of the policies subject to this Agreement shall be recaptured, effective as of the date specified in PRUCO's notice. If PRUCO does not specify in the Ceding Company has maintained its stated retention for the plan and the insured's age, sex, and mortality classification on an automatic risk, or at least the lesser of its Per Life Retention Limit or [*] on a facultative risk, it may apply its increased retention limits to reduce the amount of reinsurance in force as follows:
(a) The Ceding Company must give the Reinsurer ninety (90) days written notice prior the date that such recapture is to its intended date be effective, then the recapture shall be effective immediately upon SWISS RE's receipt of recapture.
(b) The reduction of reinsurance on affected policies will become effective on the policy anniversary date immediately following the notice of election to recapture; however, no reduction will be made until notice. If a policy has been in force for a duration of at least [*].
(c) If any reinsured policy is recaptured, all reinsured policies eligible for recapture under SWISS RE will pay PRUCO the provisions of this Article must be recaptured up to the Ceding Company's new retention limits in a consistent manner and the Ceding Company must increase its total amount of insurance retained on each reinsured life. The Ceding Company may not revoke its election to recapture for policies becoming eligible at future anniversaries. Recapture for a policy may occur at different times because of different duration requirements under various unearned reinsurance agreements. For a policy subject to recapture from the Reinsurer that has met the duration requirement in clause (b) above, the revised Reinsured Net Amount at Risk shall be determined using Ceding Company's Retained Share as if the policy were eligible for recapture from all reinsurers who have a share of the risk on that policy (or who had a share of risk on that policy prior to an earlier recapture). For a policy not yet subject to recapture from the Reinsurer because of an unattained duration requirement, Reinsured Net Amount at Risk will continue being determined using Ceding Company's Retained Share as provided for in Exhibit A as if the policy were not eligible for recapture by any of the reinsurers who have or had a share of the risk on the policy. The amount of reinsurance eligible for recapture is based on the Net Amount at Risk premium as of the date of recapture. For a policy issued as a result of an exchange or conversionSWISS RE shall not be liable, the policy date and current duration of the new policy and the recapture provisions under this Agreement will be used. Following Agreement, for any claims incurred after the effective date of recapture, the Reinsurer will not be liable for any reinsured policies or portions of such reinsured policies eligible for recapture that the Ceding Company has overlooked inadvertently. If the Ceding Company transfers business that is reinsured under this Agreement to a successor ceding company, then the successor ceding company has the option to recapture the reinsurance in accordance with the recapture criteria outlined in this Article, but only if the successor ceding company has or adopts a higher maximum retention limit than that applicable to the block of business subject to recapture.
Appears in 1 contract
Recapture. 12.1 Whenever the Ceding Company, pursuant to Article 11, increases its retention limits over the retention limits set forth in Exhibit A − Retention Limits of the Ceding Company, the Ceding The Company has the option to recapture certain risk amounts. If the Ceding Company has maintained its stated retention for the plan and the insured's age, sex, and mortality classification on an automatic risk, or at least the lesser of its Per Life Retention Limit or [*] on a facultative risk, it may apply its increased retention limits to reduce the amount of reinsurance in force as followsReinsured Policies provided:
(a) 8.2.1 The Ceding Company must give gives the Reinsurer ninety (90) days written notice prior of its intention to its intended recapture within 90 days of the effective date of recapture.the retention increase; and
(b) The reduction of reinsurance on affected policies will become effective 8.2.2 Such recaptures are made on the policy next anniversary date immediately following of each Reinsured Policy affected unless mutually agreed otherwise by the notice of election to recapture; however, Company and the Reinsurer and with no reduction will be recapture being made until a policy the Reinsured Policy has been in force for the period stated in Exhibit C. For a conversion or re-entry, the recapture terms of the original policy will apply and the duration for the recapture period will be measured from the effective date of the original policy; and
8.2.3 The Company has maintained from the time the policy was issued, its full retention as set out in Exhibit D for the plan and the insured's classification. Reinsured policies on a first dollar quota share basis will not be eligible for recapture; and
8.2.4 The Company has applied its increased Retention Limits in a consistent manner to all categories of its Retention Limits set out in Exhibit D unless otherwise agreed to by the Reinsurer. In applying its increased Retention Limits to Reinsured Policies, the age and mortality rating at least [*].
(c) If the time of issue will be used to determine the amount of the Company's increased retention. Recapture as provided herein is optional with the Company, but if any reinsured policy Reinsured Policy is recaptured, all reinsured policies Reinsured Policies eligible for recapture under the provisions of this Article must be recaptured up recaptured. If there is reinsurance in other companies on risks eligible for recapture, the necessary reduction is to be applied pro rata to the Ceding Company's new retention limits in a consistent manner and the Ceding Company must increase its total amount of insurance retained on each reinsured life. The Ceding Company may not revoke its election to recapture for policies becoming eligible at future anniversaries. Recapture for a policy may occur at different times because of different duration requirements under various reinsurance agreements. For a policy subject to recapture from the Reinsurer that has met the duration requirement in clause (b) above, the revised Reinsured Net Amount at Risk shall be determined using Ceding Company's Retained Share as if the policy were eligible for recapture from all reinsurers who have a share of the risk on that policy (or who had a share of risk on that policy prior to an earlier recapture). For a policy not yet subject to recapture from the Reinsurer because of an unattained duration requirement, Reinsured Net Amount at Risk will continue being determined using Ceding Company's Retained Share as provided for in Exhibit A as if the policy were not eligible for recapture by any of the reinsurers who have or had a share of the risk on the policyoutstanding reinsurance. The amount of reinsurance eligible for recapture is based on the Net Amount reinsurance net amount at Risk risk as of the date of recapture. For The Company may not revoke its election to recapture for Reinsured Policies becoming eligible at future anniversaries. No recapture of Reinsured Policies will occur if the Company has either obtained or increased stop loss reinsurance coverage as justification for the increase in retention. If there is a policy issued as a result Waiver of an exchange or conversionPremium (W.P.) claim in effect when recapture takes place, the policy date W.P. claim will stay in effect and current duration the Reinsurer will continue to pay its share of the new policy and the recapture provisions under this Agreement will be usedW.P. claim until it terminates. Following the effective date of recapture, the The Reinsurer will not be liable for any reinsured policies other benefits, including the basic life risk, which are eligible for recapture. All such eligible benefits will be recaptured as if there was no W.P. claim. The Reinsurer will not be liable, after the effective date of recapture, for any Reinsured Policies or portions of such reinsured policies Reinsured Policies eligible for recapture that the Ceding Company has overlooked inadvertentlyoverlooked. The Reinsurer will be liable only for a credit of the premiums, received after the recapture date, less any allowance. The terms and conditions for the Company to recapture in force Reinsured Policies due to the insolvency of the Reinsurer are set out in the Insolvency clause in Article 11. If the Ceding Company company transfers business that which is reinsured under this Agreement to a successor ceding company, then the successor ceding company has the option to recapture the reinsurance reinsurance, in accordance with the recapture criteria outlined in this Article, but only if the successor ceding company has or adopts a higher maximum retention limit than that applicable to the block of business subject to recaptureCompany.
Appears in 1 contract
Sources: Reinsurance Agreement (Nationwide Vli Separate Account 5)
Recapture. 12.1 Whenever the Ceding Company, pursuant to Article 11, increases its retention limits over the retention limits set forth in Exhibit A − Retention Limits of the Ceding Company, the Ceding Company has the option to recapture certain risk amounts. If the Ceding Company has maintained increases its stated retention for Maximum Dollar Retention Limits shown in Section 3 of Schedule A, then it may, with 90 days’ written notice to the plan and Reinsurer, reduce or recapture the insured's age, sex, and mortality classification on an automatic risk, or at least the lesser of its Per Life Retention Limit or [*] on a facultative risk, it may apply its increased retention limits to reduce the amount of reinsurance in force as followssubject to the following requirements:
(a) i. An in-force cession is not eligible for recapture until it has been reinsured for the minimum number of years shown in Section 7 of Schedule A. The Ceding Company must give the Reinsurer ninety (90) days written notice prior to its intended effective date of recapture.
(b) The the reduction in reinsurance will be the later of reinsurance on affected policies will become effective on the first policy anniversary following the expiration of the 90-day notice period to recapture and the policy anniversary date immediately following when the notice required minimum number of election to recapture; however, no reduction will be made until a policy has been in force for a duration of at least [*]years is attained.
(c) If any reinsured policy is recaptured, ii. On all reinsured policies eligible for recapture under recapture, reinsurance will be reduced by the provisions of this Article must be recaptured amount necessary to increase the total insurance retained up to the Ceding Company's new retention limits Maximum Dollar Retention Limits.
iii. If more than one policy per life is eligible for recapture, then any recapture must be effected beginning with the policy with the earliest issue date and continuing in a consistent manner and chronological order according to the Ceding Company must increase its total amount of insurance retained on each reinsured liferemaining policies’ issue dates.
iv. The Ceding Company may not revoke rescind its election to recapture for policies becoming eligible at future anniversaries.
v. Recapture of reinsurance will not be allowed on any policy for which the Ceding Company did not keep its Maximum Dollar Retention Limit at issue. Recapture for a policy may occur at different times because of different duration requirements under various reinsurance agreements. For a policy subject to recapture from the Reinsurer that has met the duration requirement in clause (b) above, the revised Reinsured Net Amount at Risk shall be determined using The Ceding Company's Retained Share as if the ’s Maximum Dollar Retention Limits are stated in Section 3 of Schedule A.
vi. If any policy were eligible for recapture is also eligible for recapture from all reinsurers who have a share of other reinsurers, the risk reduction in the Reinsurer’s reinsurance on that policy (or who had a share of risk on that policy prior will be in proportion to an earlier recapture). For a policy not yet subject to recapture from the Reinsurer because of an unattained duration requirement, Reinsured Net Amount at Risk will continue being determined using Ceding Company's Retained Share as provided for in Exhibit A as if the policy were not eligible for recapture by any of the reinsurers who have or had a share of the risk on the policy. The total amount of reinsurance eligible for recapture is based on the Net Amount at Risk as of life with all reinsurers.
vii. Recapture will not be made on a basis that may result in any anti-selection against the date of recaptureReinsurer. For a policy issued as a result of an exchange or conversion, The Reinsurer maintains the policy date and current duration of the new policy and the recapture provisions under this Agreement will be useddiscretion to determine when anti-selection has occurred.
viii. Following Upon the effective date of recapture and again six months following the recapture, the Reinsurer will calculate a terminal accounting that will include a refund of unearned premiums and unpaid claims. The Reinsurer will not be liable for any reinsured policies or portions of such reinsured policies eligible for recapture that pay to the Ceding Company has overlooked inadvertentlyany amount representing the reserve held on the business. If Payment of amounts specified in the terminal accounting will be the Reinsurer’s full and final payment to the Ceding Company transfers business that is reinsured under this Agreement to a successor ceding company, then the successor ceding company has the option to recapture the reinsurance in accordance with the recapture criteria outlined in this Article, but only if the successor ceding company has or adopts a higher maximum retention limit than that applicable to the block of business subject to recaptureCompany.
Appears in 1 contract
Sources: Reinsurance Agreement (Kansas City Life Insurance Co)
Recapture. 12.1 Whenever the Ceding Company, pursuant to Article 11, increases its retention limits over the retention limits set forth in Exhibit A − Retention Limits of the Ceding Company, the Ceding Company has the option to recapture certain risk amounts. If the Ceding Company has maintained its stated retention for the plan and the insured's age, sex, and mortality classification on an automatic risk, or at least the lesser of its Per Life Retention Limit or [*] on a facultative risk, it may apply its increased retention limits to reduce the amount of reinsurance in force as follows:
(a) The Ceding Company must give the Reinsurer ninety (90) days written notice prior to its intended date of recapture.
(b) The reduction of reinsurance on affected policies will become effective on the policy anniversary date immediately following the notice of election to recapture; however, no reduction will be made until a policy has been in force for a duration of at least [*].
(c) If any reinsured policy is recaptured, all reinsured policies eligible for recapture under the provisions of this Article must be recaptured up to the Ceding Company's new retention limits in a consistent manner and the Ceding Company must increase its total amount of insurance retained on each reinsured life. The Ceding Company may not revoke its election recapture a proportionate share of up to recapture for policies becoming eligible at future anniversaries. Recapture for a policy may occur at different times because 100% of different duration requirements under various reinsurance agreements. For a policy subject to recapture from the Net Ceded Liabilities by providing the Reinsurer that has met the duration requirement in clause with sixty (b60) abovedays prior written notice, the revised Reinsured Net Amount at Risk shall be determined using Ceding Company's Retained Share as if the policy were eligible for recapture from all reinsurers who have a share of the risk on that policy (or who had a share of risk on that policy prior such notice to an earlier recapture). For a policy not yet subject to recapture from the Reinsurer because of an unattained duration requirement, Reinsured Net Amount at Risk will continue being determined using Ceding Company's Retained Share as provided for in Exhibit A as if the policy were not eligible for recapture by any of the reinsurers who have or had a share of the risk on the policy. The amount of reinsurance eligible for recapture is based on the Net Amount at Risk as of the date of recapture. For a policy issued as a result of an exchange or conversion, the policy date and current duration of the new policy and the recapture provisions under this Agreement will be used. Following specify the effective date of recapture, the recapture (the “Recapture Date”). Any such recapture shall apply to all Policies reinsured under this Agreement. The Reinsurer will not shall be liable for any reinsured policies or portions the Net Benefits associated with recapture amounts, as well as for other claims as specified in Article IV, for Extra-Contractual Obligations, each as incurred prior to the effective date of such reinsured policies eligible for recapture that the recapture. Within forty-five (45) days of the Recapture Date (the “Recapture Settlement Date”), assets consisting of policy loans (including accrued and unearned policy loan interest), cash and investments at market value, and accrued investment income net of unearned investment income, shall be transferred by the Reinsurer to the Ceding Company has overlooked inadvertentlywith the amount as of the Recapture Date equal to the “Net Statutory Liabilities” for the recapture Policies plus the positive or negative Interest Maintenance Reserve Adjustment. If The Net Statutory Liabilities shall equal the Statutory Reserves (net of reserves for any non-affiliate reinsurance agreements) related to the recapture Policies plus ”Recapture Assets and Liabilities”. The Reinsurer shall also pay to the Ceding Company transfers business that is reinsured under this Agreement interest on such amount at the rate of four percent (4%) per annum, simple rate, beginning on the Recapture Date and ending on the Recapture Settlement Date. The Recapture Assets and Liabilities shall include all account balances (both assets and liabilities) related to a successor ceding company, then the successor ceding company has the option to recapture the reinsurance in accordance with the recapture criteria outlined Policies and ceded by the Ceding Company to the Reinsurer (other than (i) those that are reflected in this ArticleStatutory Reserves and (ii) the liability for interest maintenance reserve related to the recapture Policies). Recapture Assets and Liabilities shall include, but only if the successor ceding company has or adopts a higher maximum retention limit than that applicable are not limited to, uncollected premiums, deferred premiums, policyholder dividends and premiums received in advance, in each case to the block extent attributable to the recapture Policies. The Recapture Assets and Liabilities shall also include amounts in respect of business subject the recapture Policies that are paid to recaptureor received by the Reinsurer on behalf of the Ceding Company after the Recapture Date but prior to the Settlement Date.
Appears in 1 contract
Recapture. 12.1 Whenever the Ceding Company, pursuant to Article 11, increases The Company may apply its increased maximum retention limits over to reduce the amount of in force Reinsured Policies provided:
8.2.1 The Company gives the Reinsurer irrevocable written notice of its intention to recapture within 90 days of the effective date of the maximum retention limits set forth limit increase; and
8.2.2 Such recaptures are made on the next anniversary of each Reinsured Policy affected unless mutually agreed otherwise by the Company and the Reinsurer and with no recapture being made until the Reinsured Policy has been in force for the period stated in Exhibit A − Retention Limits C-1. For a conversion or re-entry, the recapture terms of the Ceding Company, original policy will apply and the Ceding Company has duration for the option to recapture certain risk amounts. If period will be measured from the Ceding effective date of the original policy; and
8.2.3 The Company has maintained from the time the policy was issued, its stated full retention as set out in Exhibit D for the plan and the insured's age, sex, and mortality classification on an automatic risk, or at least the lesser of its Per Life Retention Limit or [*] classification. Reinsured policies on a facultative risk, it may apply first dollar quota share basis will not be eligible for recapture; and
8.2.4 The Company has applied its increased retention limits to reduce the amount of reinsurance in force as follows:
(a) The Ceding Company must give the Reinsurer ninety (90) days written notice prior to its intended date of recapture.
(b) The reduction of reinsurance on affected policies will become effective on the policy anniversary date immediately following the notice of election to recapture; however, no reduction will be made until a policy has been in force for a duration of at least [*].
(c) If any reinsured policy is recaptured, all reinsured policies eligible for recapture under the provisions of this Article must be recaptured up to the Ceding Company's new retention limits Retention Limits in a consistent manner and to all categories of its Retention Limits set out in Exhibit D unless otherwise agreed to by the Ceding Company must increase its total amount of insurance retained on each reinsured life. The Ceding Company may not revoke its election to recapture for policies becoming eligible at future anniversaries. Recapture for a policy may occur at different times because of different duration requirements under various Reinsurer; and
8.2.5 Other than as respects bona fide catastrophe or financial reinsurance agreements. For a policy subject to recapture from the Reinsurer that has met the duration requirement in clause (b) abovearrangements, the revised Reinsured Net Amount at Risk shall be determined using Ceding Company's Retained Share as if the policy were eligible for recapture Company will retain all risks so recaptured and is prohibited from all reinsurers who have a share of the risk on that policy (or who had a share of risk on that policy prior to an earlier recapture). For a policy not yet subject to recapture from the Reinsurer because of an unattained duration requirement, Reinsured Net Amount at Risk will continue being determined using Ceding Company's Retained Share as provided for ceding in Exhibit A as if the policy were not eligible for recapture by any form any of the reinsurers who have or had a share recaptured business without the Reinsurer's prior written consent. In applying its increased Retention Limits to Reinsured Policies, the age and mortality rating at the time of issue will be used to determine the amount of the risk on the policyCompany's increased maximum retention. The amount of reinsurance eligible for recapture is based on the Net Amount reinsurance net amount at Risk risk as of the date of recapture. For a policy issued as a result of an exchange or conversion, the policy date and current duration of the new policy and the recapture provisions under this Agreement will be used. Following the effective date of If there is reinsurance in other companies on risks eligible for recapture, the necessary reduction is to be applied pro rata to the total outstanding reinsurance. Recapture as provided herein is optional with the Company, but if any Reinsured Policy is recaptured, all Reinsured Policies eligible for recapture under the provisions of this Article must be similarly recaptured as well as all eligible life risks reinsured under any other reinsurance agreement in force between, on one hand, the Reinsurer and, on the other hand, the Company or any common retention affiliate thereof as to which any recapture rights may then be available to the Company or such affiliate. For purposes of this provision, the term "common retention affiliate" means any affiliate of the Company as to which corporate mortality risk retention levels have been managed on a coordinated basis with the Company's risk retention program. If all Reinsured Policies are recaptured, the Company must also recapture the Fixed Account Guarantee under the provisions of this Article. The Company may not revoke its election to recapture for Reinsured Policies becoming eligible at future anniversaries. No recapture of Reinsured Policies will occur if the Company has either obtained or increased stop loss reinsurance coverage as justification for the increase in retention. If there is a Waiver of Premium (W.P.) claim in effect when recapture takes place, the W.P. claim will stay in effect and the Reinsurer will continue to pay its share of the W.P. claim until it terminates. The Reinsurer will not be liable for any reinsured policies other benefits, including the basic life risk, which are eligible for recapture. All such eligible benefits will be recaptured as if there was no W.P. claim. The Reinsurer will not be liable, after the effective date of recapture, for any Reinsured Policies or portions of such reinsured policies Reinsured Policies eligible for recapture that the Ceding Company has overlooked inadvertentlyoverlooked. The Reinsurer will be liable only for a credit of the premiums, received after the recapture date, less any allowance. The terms and conditions for the Company to recapture in force Reinsured Policies due to the insolvency of the Reinsurer are set out in the Insolvency clause in Article 11. If the Ceding Company transfers business that which is reinsured under this Agreement to a successor ceding company, then the successor ceding company has the option to recapture the reinsurance reinsurance, in accordance with the recapture criteria outlined in this Article, but only if the successor ceding company has or adopts a higher maximum retention limit than that applicable the Company. The Company may recapture all, but not less than all, reinsurance of the Fixed Account Guarantee provided:
8.2.6 The Company gives 30 day prior irrevocable written notice to the block Reinsurer of business subject its intent to recapture;
8.2.7 Such recapture is made effective in the next Accounting Period unless mutually agreed otherwise by the Company; and
8.2.8 The Reinsurer will pay the Company an amount equal to the market value of the Fixed Account Guarantee on the effective date of the recapture Recapture as provided herein is optional with the Company, but if all Reinsured Policies are recaptured, the Company must also recapture the Fixed Account Guarantee under the provisions of this Article. The Reinsurer will not be liable, after the effective date of recapture, for reinsurance of the Fixed Account Guarantee. If the Company transfers business which is reinsured under this Agreement to a successor company, then the successor company has the option to recapture the Fixed Account Guarantee, in accordance with the recapture criteria outlined in this Article.
Appears in 1 contract
Sources: Reinsurance Agreement (Fidelity Investments Variable Life Account I)
Recapture. 12.1 Whenever At any time during the Ceding Companyterm of the Agreement, pursuant PRUCO of NJ may elect to Article 11recapture in full the coverage reinsured under this Agreement following the occurrence of any of the following events: (1) a “Risk Trigger Event” as defined in Schedule A of this Agreement for policies issued prior to January 1, 2004, (2) a Plan Change as described in Section 19 d. above, or (3) the Reinsurance Premium rates are increased. PRUCO of NJ may not recapture policies issued on or after January 1, 2004, following the occurrence of a “Risk Trigger Event.” In addition, after the twentieth policy anniversary, PRUCO of NJ may elect to recapture all or an appropriate portion of the coverage reinsured under this Agreement to reflect increases its in the maximum retention limits over for PRUCO of NJ and all of its affiliates, collectively, subsequent to the date of policy issue. These maximum retention limits set forth as of the effective date of this Agreement are equal to the amounts shown in Exhibit A − the Risk Retention Limits table shown in Schedule A. The portion of the Ceding Companycoverage that may be recaptured would be directly related to the increase in the limits. To illustrate, if the maximum retention limits are increased by 100%, then the portion that may be recaptured from all reinsurers of the policies reinsured under this Agreement would be equal to 100% of the portion of each reinsured policy that is retained by PRUCO of NJ. Furthermore, the Ceding Company has portion that may be recaptured from SWISS RE would be determined as SWISS RE’s prorata share of the option total portion reinsured with all reinsurers. If PRUCO of NJ elects to recapture certain risk amountsthe risks ceded to SWISS RE under this Agreement as stated above, it will do so by giving written notice to SWISS RE. Upon the delivery of such notice, all of the risks previously ceded under each of the policies subject to this Agreement shall be recaptured, effective as of the date specified in PRUCO of NJ’s notice. If PRUCO of NJ does not specify in the Ceding Company has maintained its stated retention for the plan and the insured's age, sex, and mortality classification on an automatic risk, or at least the lesser of its Per Life Retention Limit or [*] on a facultative risk, it may apply its increased retention limits to reduce the amount of reinsurance in force as follows:
(a) The Ceding Company must give the Reinsurer ninety (90) days written notice prior the date that such recapture is to its intended date be effective, then the recapture shall be effective immediately upon SWISS RE’s receipt of recapture.
(b) The reduction of reinsurance on affected policies will become effective on the policy anniversary date immediately following the notice of election to recapture; however, no reduction will be made until notice. If a policy has been in force for a duration of at least [*].
(c) If any reinsured policy is recaptured, all reinsured policies eligible for recapture under SWISS RE will pay PRUCO of NJ the provisions of this Article must be recaptured up to the Ceding Company's new retention limits in a consistent manner and the Ceding Company must increase its total amount of insurance retained on each reinsured life. The Ceding Company may not revoke its election to recapture for policies becoming eligible at future anniversaries. Recapture for a policy may occur at different times because of different duration requirements under various unearned reinsurance agreements. For a policy subject to recapture from the Reinsurer that has met the duration requirement in clause (b) above, the revised Reinsured Net Amount at Risk shall be determined using Ceding Company's Retained Share as if the policy were eligible for recapture from all reinsurers who have a share of the risk on that policy (or who had a share of risk on that policy prior to an earlier recapture). For a policy not yet subject to recapture from the Reinsurer because of an unattained duration requirement, Reinsured Net Amount at Risk will continue being determined using Ceding Company's Retained Share as provided for in Exhibit A as if the policy were not eligible for recapture by any of the reinsurers who have or had a share of the risk on the policy. The amount of reinsurance eligible for recapture is based on the Net Amount at Risk premium as of the date of recapture. For a policy issued as a result of an exchange or conversionSWISS RE shall not be liable, the policy date and current duration of the new policy and the recapture provisions under this Agreement will be used. Following Agreement, for any claims incurred after the effective date of recapture, the Reinsurer will not be liable for any reinsured policies or portions of such reinsured policies eligible for recapture that the Ceding Company has overlooked inadvertently. If the Ceding Company transfers business that is reinsured under this Agreement to a successor ceding company, then the successor ceding company has the option to recapture the reinsurance in accordance with the recapture criteria outlined in this Article, but only if the successor ceding company has or adopts a higher maximum retention limit than that applicable to the block of business subject to recapture.Amendment #1 PRUCO OF NJ- SWISS RE 03/25/2013
Appears in 1 contract
Recapture. 12.1 Whenever the Ceding Company, pursuant to Article 11, Company increases its maximum retention limits over the maximum retention limits set forth in Exhibit A − Retention Limits of the Ceding CompanyA, the Ceding Company has the option to recapture certain risk amounts. If the Ceding Company has maintained its maximum stated retention (not a special retention limit) for the plan and the insured's age, sex, and mortality classification on an automatic risk, or at least the lesser of its Per Life Retention Limit or [*] on a facultative riskclassification, it may apply its increased retention limits to reduce the amount of reinsurance in force as follows:.
(a) 1. The Ceding Company must give the Reinsurer ninety thirty (9030) days written notice prior to its intended date of the commencement of recapture.
(b) 2. The reduction of reinsurance on affected policies will shall become effective on the policy anniversary date immediately following the notice of election to recapture; however, no reduction will shall be made until a policy has been in force for a duration of at least [*]insert number of years] years.
(c) 3. If any reinsured policy is recaptured, all reinsured policies eligible for recapture under the provisions of this Article must be recaptured up to the Ceding Company's new maximum retention limits in a consistent manner and the Ceding Company must increase its total amount of insurance retained on each reinsured life. The Ceding Company may not revoke its election to recapture for policies becoming eligible at future anniversaries. Recapture for a If portions of the reinsured policy may occur at different times because of different duration requirements under various reinsurance agreements. For a policy subject have been ceded to recapture from the Reinsurer that has met the duration requirement in clause (b) abovemore than one reinsurer, the revised Reinsured Net Amount at Risk shall be determined using Ceding Company's Retained Share Company must allocate the reduction on reinsurance so that the amount reinsured by each reinsurer after the reduction is proportionately the same as if the policy were eligible for recapture from all reinsurers who have a share new maximum dollar retention limits had been in effect at the time of the risk on that policy (or who had a share of risk on that policy prior to an earlier recapture). For a policy not yet subject to recapture from the Reinsurer because of an unattained duration requirement, Reinsured Net Amount at Risk will continue being determined using Ceding Company's Retained Share as provided for in Exhibit A as if the policy were not eligible for recapture by any of the reinsurers who have or had a share of the risk on the policyissue. The amount of reinsurance eligible for recapture is based on the Net Amount current amount at Risk risk as of the date of recapture. For a policy issued as a result of an exchange or exchange, conversion, or re-entry, the policy date and current duration recapture terms of the new reinsurance Agreement covering the original policy shall apply, and the duration for the purpose of recapture provisions under this Agreement will shall be usedmeasured from the effective date of the reinsurance on the original policy. Following If there is a reinsured waiver of premium claim in effect when recapture takes place, the Reinsurer shall continue to pay its share of the waiver claim until it terminates. The Reinsurer shall not be liable for any other benefits, including the basic life risk, that are eligible for recapture. All such eligible benefits shall be recaptured as if there were no waiver claim in effect. After the effective date of recapture, the Reinsurer will shall not be liable for any reinsured policies or portions of such reinsured policies eligible for recapture that the Ceding Company has overlooked inadvertentlyoverlooked. If The terms and conditions for the Ceding Company transfers business that is reinsured under this Agreement to a successor ceding company, then the successor ceding company has the option to recapture reinsured policies, as made necessary by the reinsurance insolvency of the Reinsurer, are set forth in accordance with the Article 16. No recapture criteria outlined in this Article, but only shall be permitted if the successor ceding company Company has either obtained or adopts a higher maximum increased stop loss reinsurance coverage as justification for the increase on retention limit than that applicable to the block of business subject to recapturelimits.
Appears in 1 contract
Recapture. 12.1 Whenever the Ceding Company, pursuant to Article 11, increases The Company may apply an increase in its retention limits over the retention limits set forth in Exhibit A − Retention Limits of the Ceding Company, the Ceding Company has the option to recapture certain risk amounts. If the Ceding Company has maintained its stated retention for the plan and the insured's age, sex, and mortality classification on an automatic risk, or at least the lesser of its Per Life Retention Limit or [*] on a facultative risk, it may apply its increased retention limits to reduce the ceded amount of inforce reinsurance in force as followsprovided that:
(a) The Ceding Company must give gives the Reinsurer ninety (90) days irrevocable written notice prior to of its intended date of recapture.
(b) The reduction of reinsurance on affected policies will become effective on the policy anniversary date immediately following the notice of election intention to recapture; however, no reduction and
b) Recapture will be effected on the next anniversary of each Reinsured Policy eligible for recapture unless agreed otherwise by both parties and with no recapture being made until a policy the Reinsured Policy has been in force for a duration of at least [*].
(c) If any reinsured policy is recaptured, all reinsured policies eligible for recapture under the provisions of this Article must be recaptured up to the Ceding Company's new retention limits period specified in a consistent manner and the Ceding Company must increase its total amount of insurance retained on each reinsured life. The Ceding Company may not revoke its election to recapture for policies becoming eligible at future anniversaries. Recapture for a policy may occur at different times because of different duration requirements under various reinsurance agreementsExhibit C-1. For a conversion or re-entry, the recapture terms of the original policy subject to will apply and the duration for the recapture period will be measured from the Reinsurer that effective date of the original policy; and
c) The Company has met maintained, from the duration requirement time the policy was issued, its full retention as set out in clause (bExhibit D, and has applied its increased Retention Limit to all categories set out in Exhibit D; and
d) aboveOther than as respects stop-loss, catastrophe, financial reinsurance arrangements, or sale of a block of business, the revised Reinsured Net Amount at Risk shall be determined using Ceding Company's Retained Share as if the policy were eligible for recapture Company will retain all risks so recaptured and is prohibited from all reinsurers who have a share of the risk on that policy (or who had a share of risk on that policy prior to an earlier recapture). For a policy not yet subject to recapture from the Reinsurer because of an unattained duration requirement, Reinsured Net Amount at Risk will continue being determined using Ceding Company's Retained Share as provided for ceding in Exhibit A as if the policy were not eligible for recapture by any form any of the reinsurers who have or had a share recaptured business without the Reinsurer’s prior written consent. In applying its increased Retention Limit to Reinsured Policies, the age and mortality rating at the time of issue will be used to determine the amount of the risk on the policyCompany’s increased retention. The amount of reinsurance eligible for recapture is will be the difference between the amount originally retained and the amount the Company would have retained had the new retention been in effect at the time of issue. The amount of reinsurance eligible for recapture will be determined based on the Net Amount reinsurance net amount at Risk risk as of the date of recapture. For a policy issued as a result of an exchange or conversionIf there is reinsurance with other reinsurers on risks eligible for recapture, the policy date reduction will be applied pro rata to the total outstanding reinsurance. ODB# 103515US-09 Recapture is optional, but if any reinsured business is recaptured, all eligible reinsured business must be recaptured. In addition, all life risks reinsured under any other reinsurance agreement between the Reinsurer and current duration the Company which are eligible for recapture must be similarly recaptured. No reserves for the recaptured business will be paid to the Company by the Reinsurer. Effective as of the new policy and the recapture provisions under this Agreement will be used. Following the effective date of recapturedate, the Reinsurer will not be liable for any reinsured policies eligible business which was overlooked. The parties’ obligations for any recaptured business will be limited to those relating to events or portions of such reinsured policies eligible for circumstances arising or occurring before the recapture that the Ceding Company has overlooked inadvertentlydate. If the Ceding Company transfers business that is reinsured Upon recapture, each party will be deemed to be fully and finally released from all obligations under this Agreement to a successor ceding company, then the successor ceding company has the option to recapture the reinsurance in accordance with the recapture criteria outlined in this Article, but only if the successor ceding company has or adopts a higher maximum retention limit than that applicable respect to the block of business subject to recapturerecaptured business.
Appears in 1 contract
Sources: Automatic Yrt Reinsurance Agreement (First Investors Life Level Premium Variable Lif Ins Sep Ac B)
Recapture. 12.1 Whenever the Ceding Company, pursuant to Article 11, increases The Company may apply an increase in its retention limits over the retention limits set forth in Exhibit A − Retention Limits of the Ceding Company, the Ceding Company has the option to recapture certain risk amounts. If the Ceding Company has maintained its stated retention for the plan and the insured's age, sex, and mortality classification on an automatic risk, or at least the lesser of its Per Life Retention Limit or [*] on a facultative risk, it may apply its increased retention limits to reduce the ceded amount of inforce reinsurance in force as followsprovided that:
(a) The Ceding Company must give gives the Reinsurer ninety (90) days irrevocable written notice prior to of its intended date of recapture.
(b) The reduction of reinsurance on affected policies will become effective on the policy anniversary date immediately following the notice of election intention to recapture; however, no reduction and
b) Recapture will be effected on the next anniversary of each Reinsured Policy eligible for recapture unless agreed otherwise by both parties and with no recapture being made until a policy the Reinsured Policy has been in force for a duration of at least [*].
(c) If any reinsured policy is recaptured, all reinsured policies eligible for recapture under the provisions of this Article must be recaptured up to the Ceding Company's new retention limits period specified in a consistent manner and the Ceding Company must increase its total amount of insurance retained on each reinsured life. The Ceding Company may not revoke its election to recapture for policies becoming eligible at future anniversaries. Recapture for a policy may occur at different times because of different duration requirements under various reinsurance agreementsExhibit C-1. For a conversion or re-entry, the recapture terms of the original policy subject to will apply and the duration for the recapture period will be measured from the Reinsurer that effective date of the original policy; and
c) The Company has met maintained, from the duration requirement time the policy was issued, its full retention as set out in clause (b) aboveExhibit D, and has applied its increased Retention Limit to all categories set out in Exhibit D. In applying its increased Retention Limit to Reinsured Policies, the revised Reinsured Net Amount age and mortality rating at Risk shall the time of issue will be determined using Ceding Company's Retained Share as if used to determine the policy were eligible for recapture from all reinsurers who have a share amount of the risk on that policy (or who had a share of risk on that policy prior to an earlier recapture). For a policy not yet subject to recapture from the Reinsurer because of an unattained duration requirement, Reinsured Net Amount at Risk will continue being determined using Ceding Company's Retained Share as provided for in Exhibit A as if the policy were not eligible for recapture by any of the reinsurers who have or had a share of the risk on the policy’s increased retention. The amount of reinsurance eligible for recapture is will be the difference between the amount originally retained and the amount the Company would have retained had the new retention been in effect at the time of issue. The amount of reinsurance eligible for recapture will be determined based on the Net Amount reinsurance net amount at Risk risk as of the date of recapture. For a policy issued as a result of an exchange or conversionIf there is reinsurance with other reinsurers on risks eligible for recapture, the policy date reduction will be applied pro rata to the total outstanding reinsurance. Recapture is optional, but if any reinsured business is recaptured, all eligible reinsured business must be recaptured. In addition, all life risks reinsured under any other reinsurance agreement between the Reinsurer and current duration the Company which are eligible for recapture must be similarly recaptured. No reserves for the recaptured business will be paid to the Company by the Reinsurer. Any successor of the new policy and Company will have the option to recapture reinsurance in accordance with this Article, provided that the successor company has or adopts a higher Retention Limit than previously used by the Company. Effective as of the recapture provisions under this Agreement will be used. Following the effective date of recapturedate, the Reinsurer will not be liable for any reinsured policies eligible business which was overlooked. The parties’ obligations for any recaptured business will be limited to those relating to events or portions of such reinsured policies eligible for circumstances arising or occurring before the recapture that the Ceding Company has overlooked inadvertentlydate. If the Ceding Company transfers business that is reinsured Upon recapture, each party will be deemed to be fully and finally released from all obligations under this Agreement to a successor ceding company, then the successor ceding company has the option to recapture the reinsurance in accordance with the recapture criteria outlined in this Article, but only if the successor ceding company has or adopts a higher maximum retention limit than that applicable respect to the block of business subject to recapturerecaptured business.
Appears in 1 contract
Sources: Reinsurance Agreement (Thrivent Variable Life Account I)
Recapture. 12.1 Whenever the Ceding Company, pursuant to Article 11, increases its retention limits over the retention limits set forth in Exhibit A − - Retention Limits of the Ceding Company, the Ceding Company has the option to recapture certain risk amounts. If the Ceding Company has maintained its stated retention for the plan and the insured's age, sex, and mortality classification on an automatic risk, or at least the lesser of its Per Life Retention Limit or [*percentage] on a facultative risk, it may apply its increased retention limits to reduce the amount of reinsurance in force as follows:
(a) The Ceding Company must give the Reinsurer ninety (90) days written notice prior to its intended date of recapture.
(b) The reduction of reinsurance on affected policies will become effective on the policy anniversary date immediately following the notice of election to recapture; however, no reduction will be made until a policy has been in force for a duration of at least [*]number] years.
(c) If any reinsured policy is recaptured, all reinsured policies eligible for recapture under the provisions of this Article must be recaptured up to the Ceding Company's new retention limits in a consistent manner and the Ceding Company must increase its total amount of insurance retained on each reinsured life. The Ceding Company may not revoke its election to recapture for policies becoming eligible at future anniversaries. Recapture for a policy may occur at different times because of different duration requirements under various reinsurance agreements. For a policy subject to recapture from the Reinsurer that has met the duration requirement in clause (b) above, the revised Reinsured Net Amount at Risk shall be determined using Ceding Company's Retained Share as if the policy were eligible for recapture from all reinsurers who have a share of the risk on that policy (or who had a share of risk on that policy prior to an earlier recapture). For a policy not yet subject to recapture from the Reinsurer because of an unattained duration requirement, Reinsured Net Amount at Risk will continue being determined using Ceding Company's Retained Share as provided for in Exhibit A as if the policy were not eligible for recapture by any of the reinsurers who have or had a share of the risk on the policy. The amount of reinsurance eligible for recapture is based on the Net Amount at Risk as of the date of recapture. For a policy issued as a result of an exchange or conversion, the policy date and current duration of the new policy and the recapture provisions under this Agreement will be used. Following the effective date of recapture, the Reinsurer will not be liable for any reinsured policies or portions of such reinsured policies eligible for recapture that the Ceding Company has overlooked inadvertently. If the Ceding Company transfers business that is reinsured under this Agreement to a successor ceding company, then the successor ceding company has the option to recapture the reinsurance in accordance with the recapture criteria outlined in this Article, but only if the successor ceding company has or adopts a higher maximum retention limit than that applicable to the block of business subject to recapture.
Appears in 1 contract
Sources: Reinsurance Agreement (Ids Life Variable Life Separate Account)
Recapture. 12.1 Whenever the Ceding Company, pursuant to Article 11, Company increases its retention limits over the retention limits Maximum Retention Per Life as set forth in Exhibit A − Retention Limits of the Ceding Company, (A.1) the Ceding Company has will notify the option Reinsurer of its intent to recapture certain risk amountsto the new retention limits. If the Ceding Company has maintained its stated retention Maximum Retention Per Life for the plan and the insured's issue age, sex, and mortality classification on an automatic risk, or at least the lesser of its Per Life Retention Limit or [*] on a facultative riskclassification, it may apply its increased retention limits to reduce the amount of reinsurance in force as follows:
(a) The a. the Ceding Company must give the Reinsurer ninety (90) days written notice prior to its intended date of the commencement of recapture.; and
(b) The b. the reduction of reinsurance on affected policies will become effective on the policy anniversary date immediately following the notice of election to recapture; however, no reduction will be made until a policy has been in force for a duration of at least [*].] where the corporate maximum dollar retention was held at issue, up to the then current increased retention; and
(c) If c. if any policy reinsured policy on the life is recaptured, all policies reinsured policies on the life that are eligible for recapture under the provisions of this Article must be recaptured up to the Ceding Company's new retention limits Maximum Retention Per Life in a consistent manner manner, and the Ceding Company must increase its total amount of insurance retained on each reinsured life. The Ceding Company may not revoke its election to recapture for policies becoming eligible at future anniversaries; and
d. no recapture will be made unless the Ceding Company retained its corporate maximum dollar limit of retention for the plan, age and mortality rating at the time the policy was issued. Recapture No recapture will be allowed in any class of fully reinsured business nor in any classes of risks for a policy may occur at different times because of different duration requirements under various reinsurance agreements. For a policy subject to recapture from which the Reinsurer that has met Ceding Company established special retention limits less than the duration requirement in clause (b) above, the revised Reinsured Net Amount at Risk shall be determined using Ceding Company's Retained Share Maximum Retention Per Life for the plan, age, and mortality rating at the time the policy was issued. If portions of a policy reinsured under this Agreement have been reinsured with more than one Reinsurer, the Ceding Company must allocate the reduction in reinsurance so that the amount reinsured by each Reinsurer after the reduction is proportionately the same as if the policy were eligible for recapture from all reinsurers who have a share new Maximum Retention Per Life had been in effect at the time of issue. Recapture is not available due to any change in the financial condition of the risk on that policy (or who had a share of risk on that policy prior to an earlier recapture). For a policy not yet subject to recapture from the Reinsurer because of an unattained duration requirement, Reinsured Net Amount at Risk will continue being determined using Ceding Company's Retained Share as provided for in Exhibit A as if the policy were not eligible for recapture by any of the reinsurers who have or had a share of the risk on the policyReinsurer. The amount of reinsurance eligible for recapture is based on the Reinsured Net Amount at Risk as of the date of recapture. For a policy issued as a result of an exchange exchange, conversion or conversionre-entry, the policy date and current duration recapture terms of the new policy reinsurance agreement covering the Original Policy will apply, and the duration for the purpose of recapture provisions under this Agreement will be usedmeasured from the effective date of the reinsurance on the Original Policy. Following If there is a reinsured waiver of premium claim in effect when recapture takes place, the Reinsurer will continue to pay its share of the waiver claim until it terminates. The Reinsurer will not be liable for any other benefits, including the basic life risk, that are eligible for recapture. All such eligible benefits will be recaptured as if there were no waiver claim in effect. After the effective date of recapture, the Reinsurer will not be liable for any benefits on reinsured policies or portions of such reinsured policies eligible for recapture that the Ceding Company has overlooked inadvertently. If the Ceding Company transfers business that is reinsured under this Agreement to a successor ceding company, then the successor ceding company has the option to recapture the reinsurance in accordance with the recapture criteria outlined in this Article, but only if the successor ceding company has or adopts a higher maximum retention limit than that applicable to the block of business subject to recaptureoverlooked.
Appears in 1 contract
Sources: Reinsurance Agreement (Ameritas Variable Separate Account V)
Recapture. 12.1 Whenever If the Ceding Company, pursuant to Article 11, Company increases its retention limits over Retention, it shall have the retention limits set forth right to Recapture ceded reinsurance in accordance with the following rules:
1. The Risk has been reinsured under this Agreement and in force for the minimum period shown in Exhibit A − C-Retention Limits Schedule of the Ceding Company, the Ceding Company has the option to recapture certain risk amounts.
2. If the Ceding Company has maintained its stated retention for the plan and the insured's age, sex, and mortality classification on an automatic risk, or at least the lesser of its Per Life Retention Limit or [*] on a facultative risk, it may apply its increased retention limits to reduce the amount of reinsurance in force as follows:
(a) The Ceding Company must give retained its maximum limit of Retention for the Reinsurer ninety (90) days written notice prior to its intended date plan, age and mortality rating at the time the policy was issued under this Agreement and in accordance with Exhibit A, Retention Schedule of recapturethe Ceding Company.
(b) The reduction of 3. All reinsurance on affected policies will become effective on the policy anniversary date immediately following the notice of election to recapture; however, no reduction will be made until a policy has been in force for a duration of at least [*].
(c) If any reinsured policy is recaptured, all reinsured policies eligible for recapture Recapture under the provisions of this Article Article, must be recaptured up Recaptured.
4. The Risk will be Recaptured on the anniversary date of the policy following the Recapture notification letter unless agreed upon in writing by both parties.
5. For any death that occurred prior to Recapture, the Ceding Company's new ’s retention limits in a consistent manner and limit at the Ceding Company must increase its total amount time of insurance retained on each reinsured lifedeath will apply.
6. The Ceding Company may not revoke its election to recapture for policies becoming eligible at future anniversaries. Recapture for a policy may occur at different times because of different duration requirements under various reinsurance agreements. For a policy subject to recapture from the Reinsurer that has met the duration requirement in clause (b) above, the revised Reinsured Net Amount at Risk shall be determined using Ceding Company's Retained Share as if the policy were eligible for recapture from all reinsurers who have a share of the risk on that policy (or who had a share of risk on that policy prior to an earlier recapture). For a policy not yet subject to recapture from the Reinsurer because of an unattained duration requirement, Reinsured Net Amount at Risk will continue being determined using Ceding Company's Retained Share as provided for in Exhibit A as if the policy were not eligible for recapture by any of the reinsurers who have or had a share of the risk on the policy. The amount of reinsurance eligible for recapture is based on the Net Amount at Risk as of the date of recapture. For a policy issued as a result of an exchange or conversion, the policy date and current duration of the new policy and the recapture provisions under this Agreement will be used. Following After the effective date of recaptureRecapture, the Reinsurer will not be liable for any reinsured policies or portions of such reinsured policies eligible for recapture Recapture that the Ceding Company has overlooked inadvertentlyoverlooked.
7. If An increase in quota share will not entitle the Ceding Company transfers business that is reinsured under this Agreement to a successor ceding companyRecapture. To effect Recapture, then the successor ceding company has Ceding Company must notify the option Reinsurer of its intent to recapture do so within ninety (90) days of the effective date of the increase in its Retention limits. The Ceding Company may apply the new limits of Retention to existing ceded reinsurance and reduce and Recapture reinsurance inforce. The amount eligible for Recapture will be the difference between the amount originally retained and the amount the Ceding Company would have retained on the same quota share basis had the new Retention schedule been in accordance with effect at the recapture criteria outlined in this Article, but only if the successor ceding company has or adopts a higher maximum retention limit than that applicable to the block time of business subject to recaptureissue.
Appears in 1 contract
Sources: Reinsurance Agreement (Minnesota Life Individual Variable Universal Life Account)
Recapture. 12.1 Whenever the Ceding CompanyCompany changes its limits of retention, pursuant to Article 11, it shall promptly notify the Reinsurer. If the Company increases its retention limits over the retention limits set forth in Exhibit A − Retention Limits of the Ceding Company, the Ceding Company has the option to recapture certain risk amounts. If the Ceding Company has maintained its stated retention for the plan and the insured's age, sex, and mortality classification on an automatic risk, or at least the lesser of its Per Life Retention Limit or [*] on a facultative risklimits, it may apply exercise its increased retention limits to right of recapture and reduce the amount existing reinsurance by a corresponding amount, in accordance with the following rules.
1. No reduction shall be made in the reinsurance on any policy unless the Company retained its maximum retention limit for the plan, age and mortality ratings at the time the policy was issued.
2. The reduction in reinsurance shall be made on the next anniversary of reinsurance in each policy affected. However, no reduction shall be made until a policy has been in-force as follows:for twenty years.
(a) 3. The Ceding Company must shall give the Reinsurer ninety (90) days written notice prior to of its intended date of recapture.
(b) The reduction of reinsurance on affected policies will become effective on the policy anniversary date immediately following the notice of election to recapture; however, no reduction will be made until a policy has been in force for a duration of at least [*].
(c) If any reinsured policy is recaptured, all reinsured policies eligible for recapture under the provisions of this Article must be recaptured up to the Ceding Company's new retention limits in a consistent manner and the Ceding Company must increase its total amount of insurance retained on each reinsured life. The Ceding Company may not revoke its election intention to recapture for policies becoming eligible at future anniversaries. Recapture for a policy may occur at different times because of different duration requirements under various reinsurance agreements. For a policy subject to recapture from the Reinsurer that has met the duration requirement in clause (b) above, the revised Reinsured Net Amount at Risk shall be determined using Ceding Company's Retained Share as if the policy were eligible for recapture from all reinsurers who have a share of the risk on that policy (or who had a share of risk on that policy prior to an earlier recapture). For a policy not yet subject to recapture from the Reinsurer because of an unattained duration requirement, Reinsured Net Amount at Risk will continue being determined using Ceding Company's Retained Share as provided for in Exhibit A as if the policy were not eligible for recapture by any of the reinsurers who have or had a share of the risk on the policy. The amount of reinsurance eligible for recapture is based on the Net Amount at Risk as of the date of recapture. For a policy issued as a result of an exchange or conversion, the policy date and current duration of the new policy and the recapture provisions under this Agreement will be used. Following the effective date of recapture, the Reinsurer will not be liable for any reinsured policies or portions of such reinsured policies eligible for recapture that the Ceding Company has overlooked inadvertently. If the Ceding Company transfers existing business that is reinsured under this Agreement to a successor ceding company, then the successor ceding company has the option to recapture the reinsurance in accordance with its new limits of retention.
4. If any reinsurance is recaptured following a retention increase, all reinsurance which is subject to recapture under these provisions must be similarly recaptured.
5. If there is reinsurance in other companies on risks eligible for recapture, the Reinsurer's reduction will be in proportion to its share of the total reinsurance on the life.
6. In the event that any reinsurance policy affected by recapture criteria outlined is overlooked, the acceptance by the Reinsurer of reinsurance premiums after the effective dates of the reductions or cancellations shall not constitute or determine a liability on the part of the Reinsurer for such reinsurance, and the Reinsurer shall be liable only for a refund of the premiums so received, without interest.
7. No reduction may be made in this Articleany supplemental benefits reinsured unless the life reinsurance is also being reduced.
8. If at the time of recapture the risk is an active claim for Waiver of Premium Disability, but only if the successor ceding company has or adopts a higher maximum retention limit than that applicable to the block of business life risk shall be considered subject to recapture.. However, the original disability reinsurance shall remain in force until such time as the disability claim ceases. GENERAL & COLOGNE LIFE RE OF AMERICA
Appears in 1 contract
Recapture. 12.1 Whenever the Ceding Company, pursuant to Article 11, increases its retention limits over the retention limits set forth in Exhibit A − Retention Limits of the Ceding Company, the Ceding The Company has the option to recapture certain risk amounts. If the Ceding Company has maintained its stated retention for the plan and the insured's age, sex, and mortality classification on an automatic risk, or at least the lesser of its Per Life Retention Limit or [*] on a facultative risk, it may apply its increased retention limits to reduce the benefit amount of reinsurance in force as followsReinsured Policies provided:
(a) 7.2.1 The Ceding Company must give gives the Reinsurer ninety (90) days written notice prior of its intention to its intended recapture with XX days of the effective date of recapture.the retention increase; and
(b) The reduction of reinsurance on affected policies will become effective 7.2.2 Such recaptures are made on the policy next anniversary date immediately following the notice of election to recapture; however, each Reinsured Policy a affected and with no reduction will be recapture being made until a policy the Reinsured Policy has been in force for the period stated in Exhibit C. For a conversion policy or re-entry, the recapture terms of the original policy will apply and the duration for the recapture period will be measured from the effective date of the original policy; and
7.2.3 The Company has maintained from the time the policy was issued, its full retention as set out in Exhibit D for the plan and the insured's classification. Reinsured policies on a first dollar quota share basis will not be eligible for Recapture; and
7.2.4 The company has applied its increased Retention Limits in a consistent manner to all categories of its Retention Limits set out Exhibit D unless otherwise agreed to by the Reinsurer. In applying its increased Retention Limits to Reinsured Policies, the age and mortality rating at least [*].
(c) If the time of issue will be used to determine the amount of the Company's increased retention. Recapture as provided herein is optional with the Company, but if any reinsured policy Reinsured Policy is recaptured, all reinsured policies Reinsured Policies eligible for recapture under the provisions provision of this Article must be recaptured up recaptured. If there is reinsurance to be applied prorate to the Ceding Company's new retention limits in a consistent manner and the Ceding Company must increase its total amount of insurance retained on each reinsured life. The Ceding Company may not revoke its election to recapture for policies becoming eligible at future anniversaries. Recapture for a policy may occur at different times because of different duration requirements under various reinsurance agreements. For a policy subject to recapture from the Reinsurer that has met the duration requirement in clause (b) above, the revised Reinsured Net Amount at Risk shall be determined using Ceding Company's Retained Share as if the policy were eligible for recapture from all reinsurers who have a share of the risk on that policy (or who had a share of risk on that policy prior to an earlier recapture). For a policy not yet subject to recapture from the Reinsurer because of an unattained duration requirement, Reinsured Net Amount at Risk will continue being determined using Ceding Company's Retained Share as provided for in Exhibit A as if the policy were not eligible for recapture by any of the reinsurers who have or had a share of the risk on the policyoutstanding reinsurance. The amount of reinsurance eligible for recapture is based on the Net Amount reinsurance net amount at Risk risk as of the date of recapture. For The Company may not recapture reinsurance if the Company his either obtained or increased stop loss reinsurance coverage as justification for the increase in retention. If there is a policy issued as a result Waiver of an exchange or conversionPremium (W.P.) claim in effect when recapture takes place, the policy date and current duration of the new policy and the recapture provisions under this Agreement W.P. claim will be usedstay in effect until W.P. claim terminates. Following the effective date of recapture, the The Reinsurer will not be liable for any reinsured policies other benefits, including the basic life risk, that are eligible for recapture. All such eligible benefits will be recaptured as if there was no W.P. claim. The Reinsurer will not be liable, after the effective date of recapture, for any Reinsured Policies or portions of such reinsured policies Reinsured Policies eligible for recapture recapture, that the Ceding Company has overlooked inadvertentlyoverlooked. The Reinsurer will be liable only for a credit of the premiums, received after the recapture date, less any allowance. The terms and conditions for the Company to recapture in force Reinsured Policies due to the insolvency of the Reinsurer are set out in the Insolvency clause in Article 11. If the Ceding Company transfers business that which is reinsured under this Agreement to a successor ceding company, then the successor ceding company has the option to recapture the reinsurance reinsurance, in accordance with the recapture criteria outlined in this Article, but only if the successor ceding company has or adopts a higher maximum retention limit than that applicable to the block of business subject to recaptureCompany.
Appears in 1 contract
Recapture. 12.1 Whenever At any time during the Ceding Companyterm of the Agreement, pursuant PRUCO OF NJ may elect to Article 11recapture in full the coverage reinsured under this Agreement following the occurrence of either of the following events: (1) a "Risk Trigger Event" as defined in Schedule A of this Agreement; or (2) a Plan Change as described in Section 19 d. above: or (3) the Reinsurance Premium rates are increased. In addition, after the twentieth policy anniversary, PRUCO OF NJ may elect to recapture all or an appropriate portion of the coverage reinsured under this Agreement to reflect increases its in the maximum retention limits over for PRUCO OF NJ and all of its affiliates, collectively, subsequent to the date of policy issue. These maximum retention limits set forth as of the effective date of this Agreement are equal to the amounts shown in Exhibit A − the Risk Retention Limits table shown in Schedule A. The portion of the Ceding Companycoverage that may be recaptured would be directly related to the increase in the limits. To illustrate, if the maximum retention limits are increased by 100%, then the portion that may be recaptured from all reinsurers of the policies reinsured under this Agreement would be equal to 100% of the portion of each reinsured policy that is retained by PRUCO OF NJ. Furthermore, the Ceding Company has portion that may be recaptured from ANNUITY & LIFE RE would be determined as ANNUITY & LIFE RE's prorata share of the option total portion reinsured with all reinsurers. If PRUCO OF NJ elects to recapture certain risk amountsthe risks ceded to ANNUITY & LIFE RE under this Agreement as stated above, it will do so by giving written notice to ANNUITY & LIFE RE. Upon the delivery of such notice, all of the risks previously ceded under each of the policies subject to this Agreement shall be recaptured, effective as of the date specified in PRUCO OF NJ's notice. If PRUCO OF NJ does not specify in the Ceding Company has maintained its stated retention for the plan and the insured's age, sex, and mortality classification on an automatic risk, or at least the lesser of its Per Life Retention Limit or [*] on a facultative risk, it may apply its increased retention limits to reduce the amount of reinsurance in force as follows:
(a) The Ceding Company must give the Reinsurer ninety (90) days written notice prior the date that such recapture is to its intended date be effective, then the recapture shall be effective immediately upon ANNUITY & LIFE RE's receipt of recapture.
(b) The reduction of reinsurance on affected policies will become effective on the policy anniversary date immediately following the notice of election to recapture; however, no reduction will be made until notice. If a policy has been in force for a duration of at least [*].
(c) If any reinsured policy is recaptured, all reinsured policies eligible for recapture under ANNUITY & LIFE RE will pay PRUCO OF NJ the provisions of this Article must be recaptured up to the Ceding Company's new retention limits in a consistent manner and the Ceding Company must increase its total amount of insurance retained on each reinsured life. The Ceding Company may not revoke its election to recapture for policies becoming eligible at future anniversaries. Recapture for a policy may occur at different times because of different duration requirements under various unearned reinsurance agreements. For a policy subject to recapture from the Reinsurer that has met the duration requirement in clause (b) above, the revised Reinsured Net Amount at Risk shall be determined using Ceding Company's Retained Share as if the policy were eligible for recapture from all reinsurers who have a share of the risk on that policy (or who had a share of risk on that policy prior to an earlier recapture). For a policy not yet subject to recapture from the Reinsurer because of an unattained duration requirement, Reinsured Net Amount at Risk will continue being determined using Ceding Company's Retained Share as provided for in Exhibit A as if the policy were not eligible for recapture by any of the reinsurers who have or had a share of the risk on the policy. The amount of reinsurance eligible for recapture is based on the Net Amount at Risk premium as of the date of recapture. For a policy issued as a result of an exchange or conversionANNUITY & LIFE RE shall not be liable, the policy date and current duration of the new policy and the recapture provisions under this Agreement will be used. Following Agreement, for any claims incurred after the effective date of recapture, the Reinsurer will not be liable for any reinsured policies or portions of such reinsured policies eligible for recapture that the Ceding Company has overlooked inadvertently. If the Ceding Company transfers business that is reinsured under this Agreement to a successor ceding company, then the successor ceding company has the option to recapture the reinsurance in accordance with the recapture criteria outlined in this Article, but only if the successor ceding company has or adopts a higher maximum retention limit than that applicable to the block of business subject to recapture.
Appears in 1 contract
Sources: Reinsurance Agreement (Pruco Life Variable Universal Account)
Recapture. 12.1 Whenever Recapture is not available until the end of the tenth (10th) policy year and then must be in conjunction with an increase in the Ceding Company, pursuant to Article 11, increases its retention limits over ’s maximum schedule of retention. The amount eligible for recapture will be the retention limits set forth in Exhibit A − Retention Limits of difference between the Ceding Company, amount originally retained and the amount the Ceding Company has would have retained on the option to recapture certain risk amountssame quota share basis had the new retention schedule been in effect at the time of issue. If the Ceding Company has maintained its maximum stated retention (not a special retention limit) for the plan and the insured's ’s issue age, sex, and mortality classification on an automatic risk, or at least the lesser of its Per Life Retention Limit or [*] on a facultative riskclassification, it may apply its increased retention limits to reduce the amount of reinsurance in force as follows:.
(a) a. The Ceding Company must give the Reinsurer ninety (90) days written notice prior to its intended date of to commence recapture.
(b) b. The reduction of reinsurance on affected policies will become effective on the policy anniversary date immediately following the notice of election to recapture; however, no reduction will be made until a policy has been in force for a duration of at least [*]ten (10) years.
(c) c. If any reinsured policy is recaptured, all reinsured policies eligible for recapture under the provisions of this Article must be recaptured up to the Ceding Company's ’s new maximum retention limits in a consistent manner and the Ceding Company must increase its total amount of insurance retained on each reinsured life. The Ceding Company may not revoke its election to recapture for policies becoming eligible at future anniversaries. Recapture for a If portions of the reinsured policy may occur at different times because of different duration requirements under various reinsurance agreements. For a policy subject have been ceded to recapture from the Reinsurer that has met the duration requirement in clause (b) abovemore than one reinsurer, the revised Reinsured Net Amount at Risk shall be determined using Ceding Company's Retained Share Company must allocate the reduction in reinsurance so that the amount reinsured by each reinsurer after the reduction is proportionately the same as if the policy were eligible for recapture from all reinsurers who have a share new maximum dollar retention limits had been in effect at the time of the risk on that policy (or who had a share of risk on that policy prior to an earlier recapture). For a policy not yet subject to recapture from the Reinsurer because of an unattained duration requirement, Reinsured Net Amount at Risk will continue being determined using Ceding Company's Retained Share as provided for in Exhibit A as if the policy were not eligible for recapture by any of the reinsurers who have or had a share of the risk on the policyissue. The amount of reinsurance eligible for recapture is based on the Net Amount current amount at Risk risk as of the date of recapture. For a policy issued as a result of an exchange or exchange, conversion, or re-entry, the policy date and current duration recapture terms of the new reinsurance agreement covering the original policy will apply, and the duration period for the purpose of recapture provisions under this Agreement will be usedmeasured from the effective date of the reinsurance on the original policy. Following If there is a reinsured waiver of premium claim in effect when recapture takes place, the Reinsurer will continue to pay its share of the waiver claim until it terminates. The Reinsurer will not be liable for any other benefits, including the basic life risk, that are eligible for recapture. All such eligible benefits will be recaptured as if there were no waiver claim in effect. After the effective date of recapture, the Reinsurer will not be liable for any reinsured policies or portions of such reinsured policies eligible for recapture that the Ceding Company has overlooked inadvertentlyoverlooked. If The acceptance by the Reinsurer of reinsurance premiums under these circumstances shall not constitute a liability on the part of the Reinsurer for such reinsurance. The Reinsurer shall be liable only for a refund of premiums. The terms and conditions for the Ceding Company transfers business that is reinsured under this Agreement to a successor ceding company, then the successor ceding company has the option to recapture reinsured policies, as made necessary by the reinsurance insolvency of the Reinsurer, are set forth in accordance with the Article 16.2. No recapture criteria outlined in this Article, but only will be permitted if the successor ceding company Ceding Company has either obtained or adopts a higher maximum increased stop loss reinsurance coverage as justification for the increase in retention limit than that applicable to the block of business subject to recapturelimits.
Appears in 1 contract
Sources: Yearly Renewable Term Reinsurance Agreement (American National Variable Life Separate Account)
Recapture. 12.1 Whenever the Ceding Company, pursuant to Article 11, increases its retention limits over the retention limits set forth in Exhibit A − - Retention Limits of the Ceding Company, the Ceding Company has the option to recapture certain risk amounts. If the Ceding Company has maintained its stated retention for the plan and the insured's age, sex, and mortality classification on an automatic risk, or at least the lesser of its Per Life Retention Limit or [*percentage] on a facultative risk, it may apply its increased retention limits to reduce the amount of reinsurance in force as follows:
(a) The Ceding Company must give the Reinsurer ninety (90) days written notice prior to its intended date of recapture.
(b) The reduction of reinsurance on affected policies will become effective on the policy anniversary date immediately following the notice of election to recapture; however, no reduction will be made until a policy has been in force for a duration of at least [*]number] years.
(c) If any reinsured policy is recaptured, all reinsured policies eligible for recapture under the provisions of this Article must be recaptured up to the Ceding Company's new retention limits in a consistent manner and the Ceding Company must increase its total amount of insurance retained on each reinsured life. The Ceding Company may not revoke its election to recapture for policies becoming eligible at future anniversaries. Recapture for a policy may occur at different times because of different duration requirements under various reinsurance agreements. For a policy subject to recapture from the Reinsurer that has met the duration requirement in clause (b) above, the revised Reinsured Net Amount at Risk shall be determined using Ceding Company's Retained Share as if the policy were eligible for recapture from all reinsurers who have a share of the risk on that policy (or who had a share of risk on that policy prior to an earlier recapture). For a policy not yet subject to recapture from the Reinsurer because of an unattained duration requirement, Reinsured Net Amount at Risk will continue being determined using Ceding Company's Retained Share as provided for in Exhibit A as if the policy were not eligible for recapture by any of the reinsurers who have or had a share of the risk on the policy. The amount of reinsurance eligible for recapture is based on the Net Amount at Risk as of the date of recapture. For a policy issued as a result of an exchange or conversion, the policy date and current duration of the new policy and the recapture provisions under this Agreement will be used. IDSL - [redacted] 20 VUL IV Plus/VUL IV Plus-ES Doc# 2081398 Following the effective date of recapture, the Reinsurer will not be liable for any reinsured policies or portions of such reinsured policies eligible for recapture that the Ceding Company has overlooked inadvertently. If the Ceding Company transfers business that is reinsured under this Agreement to a successor ceding company, then the successor ceding company has the option to recapture the reinsurance in accordance with the recapture criteria outlined in this Article, but only if the successor ceding company has or adopts a higher maximum retention limit than that applicable to the block of business subject to recapture.
Appears in 1 contract
Sources: Reinsurance Agreement (Ids Life Variable Life Separate Account)
Recapture. 12.1 Whenever the Ceding Company, pursuant to Article 11, increases its retention limits over the retention limits set forth in Exhibit A − Retention Limits of the Ceding Company, the Ceding The Company has the option to recapture certain risk amounts. If the Ceding Company has maintained its stated retention for the plan and the insured's age, sex, and mortality classification on an automatic risk, or at least the lesser of its Per Life Retention Limit or [*] on a facultative risk, it may apply its increased retention limits to reduce the amount of reinsurance in force as followsReinsured Policies provided:
(a) 8.2.1 The Ceding Company must give gives the Reinsurer ninety (90) days written notice prior of its intention to its intended recapture within 90 days of the effective date of recapture.the retention increase; and
(b) The reduction of reinsurance on affected policies will become effective 8.2.2 Such recaptures are made on the policy next anniversary date immediately following of each Reinsured Policy affected unless mutually agreed otherwise by the notice of election to recapture; however, Company and the Reinsurer and with no reduction will be recapture being made until a policy the Reinsured Policy has been in force for the period stated in Exhibit C. For a conversion or re-entry, the recapture terms of the original policy will apply and the duration for the recapture period will be measured from the effective date of the original policy; and
8.2.3 The Company has maintained from the time the policy was issued, its full retention as set out in Exhibit D for the plan and the insured's classification. Reinsured policies on a first dollar quota share basis will not be eligible for recapture; and
8.2.4 The Company has applied its increased Retention Limits in a consistent manner to all categories of its Retention Limits set out in Exhibit D unless otherwise agreed to by the Reinsurer. In applying its increased Retention Limits to Reinsured Policies, the age and mortality rating at least [*].
(c) If the time of issue will be used to determine the amount of the Company's increased retention. Recapture as provided herein is optional with the Company, but if any reinsured policy Reinsured Policy is recaptured, all reinsured policies Reinsured Policies eligible for recapture under the provisions of this Article must be recaptured up recaptured. If there is reinsurance in other companies on risks eligible for recapture, the necessary reduction is to be applied pro rata to the Ceding Company's new retention limits in a consistent manner and the Ceding Company must increase its total amount of insurance retained on each reinsured life. The Ceding Company may not revoke its election to recapture for policies becoming eligible at future anniversaries. Recapture for a policy may occur at different times because of different duration requirements under various reinsurance agreements. For a policy subject to recapture from the Reinsurer that has met the duration requirement in clause (b) above, the revised Reinsured Net Amount at Risk shall be determined using Ceding Company's Retained Share as if the policy were eligible for recapture from all reinsurers who have a share of the risk on that policy (or who had a share of risk on that policy prior to an earlier recapture). For a policy not yet subject to recapture from the Reinsurer because of an unattained duration requirement, Reinsured Net Amount at Risk will continue being determined using Ceding Company's Retained Share as provided for in Exhibit A as if the policy were not eligible for recapture by any of the reinsurers who have or had a share of the risk on the policyoutstanding reinsurance. The amount of reinsurance eligible for recapture is based on the Net Amount reinsurance net amount at Risk risk as of the date of recapture. For The Company may not revoke its election to recapture for Reinsured Policies becoming eligible at future anniversaries. No recapture of Reinsured Policies will occur if the Company has either obtained or increased stop loss reinsurance coverage as justification for the increase in retention. If there is a policy issued as a result Waiver of an exchange or conversionPremium (W.P.) claim in effect when recapture takes place, the policy date W.P. claim will stay in effect and current duration the Reinsurer will continue to pay its share of the new policy and the recapture provisions under this Agreement will be usedW.P. claim until it terminates. Following the effective date of recapture, the The Reinsurer will not be liable for any reinsured policies other benefits, including the basic life risk, which are eligible for recapture. All such eligible benefits will be recaptured as if there was no W.P. claim. 9 The Reinsurer will not be liable, after the effective date of recapture, for any Reinsured Policies or portions of such reinsured policies Reinsured Policies eligible for recapture that the Ceding Company has overlooked inadvertentlyoverlooked. The Reinsurer will be liable only for a credit of the premiums, received after the recapture date, less any allowance. The terms and conditions for the Company to recapture in force Reinsured Policies due to the insolvency of the Reinsurer are set out in the Insolvency clause in Article 11. If the Ceding Company transfers business that which is reinsured under this Agreement to a successor ceding company, then the successor ceding company has the option to recapture the reinsurance reinsurance, in accordance with the recapture criteria outlined in this Article, but only if the successor ceding company has or adopts a higher maximum retention limit than that applicable to the block of business subject to recaptureCompany.
Appears in 1 contract
Sources: Reinsurance Agreement (National Variable Life Insurance Account)
Recapture. 12.1 Whenever the Ceding Company, pursuant to Article 11, increases The Company may apply an increase in its retention limits over the retention limits set forth in Exhibit A − Retention Limits of the Ceding Company, the Ceding Company has the option to recapture certain risk amounts. If the Ceding Company has maintained its stated retention for the plan and the insured's age, sex, and mortality classification on an automatic risk, or at least the lesser of its Per Life Retention Limit or [*] on a facultative risk, it may apply its increased retention limits to reduce the ceded amount of inforce reinsurance in force as followsprovided, however, that:
(a) The Ceding Company must give gives the Reinsurer ninety (90) days an irrevocable written notice prior of its intention to its intended recapture within one year after the effective date of recapture.the increase in its Retention Limit; and
(b) The reduction of reinsurance on affected policies Recapture will become effective be effected on the policy next anniversary date immediately following the notice of election to recapture; however, each Reinsured Policy eligible for recapture unless agreed otherwise by both parties and with no reduction will be recapture being made until a policy the Reinsured Policy has been in force for a duration of at least [*].
(c) If any reinsured policy is recaptured, all reinsured policies eligible for recapture under the provisions of this Article must be recaptured up to the Ceding Company's new retention limits period specified in a consistent manner and the Ceding Company must increase its total amount of insurance retained on each reinsured life. The Ceding Company may not revoke its election to recapture for policies becoming eligible at future anniversaries. Recapture for a policy may occur at different times because of different duration requirements under various reinsurance agreementsExhibit C-1. For a conversion or re-entry, the recapture terms of the original policy subject to will apply and the duration for the recapture period will be measured from the Reinsurer that effective date of the original policy; and
c) The Company has met maintained, from the duration requirement time the policy was issued, its quota share retention as set out in clause (bExhibit D, and has applied its increased Retention Limit to all categories set out in Exhibit D; and
d) aboveOther than as respects catastrophe or financial reinsurance arrangements, the revised Reinsured Net Amount at Risk shall be determined using Ceding Company's Retained Share as Company will retain all recaptured risks. No recapture will occur if the policy were eligible Company has either obtained or increased stop loss reinsurance coverage as justification for recapture from all reinsurers who have a share the increase in retention. In applying its increased Retention Limit to Reinsured Policies, the age and mortality rating at the time of issue will be used to determine the amount of the risk on that policy (or who had a share of risk on that policy prior to an earlier recapture). For a policy not yet subject to recapture from the Reinsurer because of an unattained duration requirement, Reinsured Net Amount at Risk will continue being determined using Ceding Company's Retained Share as provided for in Exhibit A as if the policy were not eligible for recapture by any of the reinsurers who have or had a share of the risk on the policy’s increased retention. The amount of reinsurance eligible for recapture is based will be the difference between the amount originally retained and the amount the Company would have retained on the Net Amount same quota share basis had the new retention been in effect at Risk the time of issue. If there is reinsurance with other reinsurers on risks eligible for recapture, the reduction will be applied pro rata to the total outstanding reinsurance. Recapture is optional, but if any reinsured business is recaptured, all eligible reinsured business must be recaptured. In addition, all life risks reinsured under any other reinsurance agreement between the Reinsurer and the Company which are eligible for recapture must be similarly recaptured. Any successor of the Company will have the option to recapture reinsurance in accordance with this Article, provided that the successor company has or adopts a higher retention limit than previously used by the Company. If the Company elects to terminate reinsurance under this Article, a termination settlement will be made according to the terms specified in the Business Transfer Events provision of Exhibit C-1, but will not include amounts specified in 12(d) of that provision. Effective as of the date of recapture. For a policy issued as a result of an exchange or conversion, the policy date and current duration of the new policy and the recapture provisions under this Agreement will be used. Following the effective date of recapturedate, the Reinsurer will not be liable for any reinsured policies eligible business which was overlooked. The parties’ obligations for any recaptured business will be limited to those relating to events or portions circumstances arising or occurring before the recapture date, including payment of such reinsured policies eligible for recapture that the Ceding Company has overlooked inadvertentlytermination settlement amount. If Upon payment of the Ceding Company transfers business that is reinsured termination settlement amount, each party will be deemed to be fully and finally released from all obligations under this Agreement to a successor ceding company, then the successor ceding company has the option to recapture the reinsurance in accordance with the recapture criteria outlined in this Article, but only if the successor ceding company has or adopts a higher maximum retention limit than that applicable respect to the block of business subject to recapturerecaptured business.
Appears in 1 contract
Sources: Reinsurance Agreement (Tiaa-Cref Life Separate Account Vli-1)
Recapture. 12.1 Whenever the Ceding Company, pursuant to Article 11, Company increases its maximum retention limits over the maximum retention limits set forth in Exhibit A − - Retention Limits of the Ceding Company, the Ceding Company has the option to recapture certain risk amounts. If the Ceding Company has maintained its maximum stated retention (not a special retention limit) for the plan and the insured's age, sex, and mortality classification on an automatic risk, or at least the lesser of its Per Life Retention Limit or [*] on a facultative riskclassification, it may apply its increased retention limits to reduce the amount of reinsurance in force as follows:
(a) The Ceding Company must give the Reinsurer ninety (90) 90 days written notice prior to its intended date of recapture.
(b) The reduction of reinsurance on affected policies will become effective on the policy anniversary date immediately following the notice of election to recapture; however, no reduction will be made until a policy has been in force for a duration of at least [*]10 years.
(c) If any reinsured policy is recaptured, all reinsured policies eligible for recapture under the provisions of this Article must be recaptured up to the Ceding Company's new maximum retention limits in a consistent manner and the Ceding Company must increase its total amount of insurance retained on each reinsured life. The Ceding Company may not revoke its election to recapture for policies becoming eligible at future anniversaries. Recapture for a If portions of the reinsured policy may occur at different times because of different duration requirements under various reinsurance agreements. For a policy subject have been ceded to recapture from the Reinsurer that has met the duration requirement in clause (b) abovemore than one reinsurer, the revised Reinsured Net Amount at Risk shall be determined using Ceding Company's Retained Share as if Company must allocate the policy were eligible for recapture from reduction in reinsurance among all the reinsurers who have a share so that the relationship of the risk on that policy (or who had a share of risk on that policy prior to an earlier recapture). For a policy not yet subject to recapture from the Reinsurer because of an unattained duration requirement, Reinsured Net Amount at Risk will continue being determined using Ceding Company's Retained Share as provided for in Exhibit A as if the policy were not eligible for recapture by any of total reinsurance among the reinsurers who have or had a share of in any given layer does not change due to the risk on the policyrecapture. The amount of reinsurance eligible for recapture is based on the Net Amount net amount at Risk risk as of the date of recapture. For a policy issued as a result of an exchange or conversiona fully-underwritten exchange, the policy date and the current duration of the new policy and the recapture provisions under this Agreement will be used. Following After the effective date of recapture, the Reinsurer will not be liable for any reinsured policies or portions of such reinsured policies eligible for recapture that the Ceding Company has overlooked inadvertentlyoverlooked. If the Ceding Company transfers business that is reinsured under this Agreement to a successor ceding company, then the successor ceding company has the option to recapture the reinsurance in accordance with the recapture criteria outlined in this Article, but only if the successor ceding company has or adopts a higher maximum retention limit than that applicable to the block of business subject to recapture.
Appears in 1 contract
Sources: Automatic Yrt Reinsurance Agreement (Ids Life of New York Account 8)
Recapture. 12.1 Whenever the Ceding Company, pursuant to Article 11, increases its retention limits over the retention limits set forth in Exhibit A − Retention Limits of the Ceding Company, the Ceding Company has the option to recapture certain risk amounts. If the Ceding Company has maintained increases its stated retention for Maximum Dollar Retention Limits shown in Section 3 of Schedule A, then it may, with 90 day's Written notice to the plan and reinsurer, reduce or recapture the insured's age, sex, and mortality classification on an automatic risk, or at least the lesser of its Per Life Retention Limit or [*] on a facultative risk, it may apply its increased retention limits to reduce the amount of reinsurance in force as followssubject to the following requirments:
(a) i. An in-force cession is not eligible for recapture until it has been reinsured for the minimum number of years shown in Section 7 of Schedule A. The Ceding Company must give the Reinsurer ninety (90) days written notice prior to its intended effective date of recapture.
(b) The the reduction in reinsurance will be the later of reinsurance on affected policies will become effective on the first policy anniversary following the expiration of the 90-day notice period to recapture and the policy anniversary date immediately following when the notice required minimum number of election to recapture; however, no reduction will be made until a policy has been in force for a duration of at least [*]years is attained.
(c) If any reinsured policy is recaptured, ii. On all reinsured policies eligible for recapture under recapture, reinsurance will be reduced by the provisions of this Article must be recaptured amount necessary to increase the total insurance retained up to the Ceding Company's new retention limits Maximum Dollar Retention Limits
iii. If more than one policy per life is eligible for recapture, then any recapture must be effected beginning with the policy with the earliest issue date and continuing in a consistent manner and chronological order according to the Ceding Company must increase its total amount of insurance retained on each reinsured liferemaining policies' issue dates.
iv. The Ceding Company may not revoke rescind its election to recapture for policies becoming eligible at future anniversaries.
v. Recapture of reinsurance will not be allowed on any policy for which the Ceding Company did not keep its Maximum Dollar Retention Limit at issue. Recapture for a policy may occur at different times because of different duration requirements under various reinsurance agreements. For a policy subject to recapture from the Reinsurer that has met the duration requirement in clause (b) above, the revised Reinsured Net Amount at Risk shall be determined using The Ceding Company's Retained Share as if the Maximum Dollar Retention Limits are stated in Section 3 of Schedule A.
vi. If any policy were eligible for recapture is also eligible for recapture from all reinsurers who have a share of other reinsurers, the risk reduction in the Reinsurer's reinsurance on that policy (or who had a share of risk on that policy prior will be in proportion to an earlier recapture). For a policy not yet subject to recapture from the Reinsurer because of an unattained duration requirement, Reinsured Net Amount at Risk will continue being determined using Ceding Company's Retained Share as provided for in Exhibit A as if the policy were not eligible for recapture by any of the reinsurers who have or had a share of the risk on the policy. The total amount of reinsurance eligible for recapture is based on the Net Amount at Risk as of life with all reinsurers.
vii. Recapture will not be made on a basis that may result in any anti-selection against the date of recaptureReinsurer. For a policy issued as a result of an exchange or conversion, The Reinsurer maintains the policy date and current duration of the new policy and the recapture provisions under this Agreement will be useddiscretion to determine when anti-selection has occurred.
viii. Following Upon the effective date of recapture and again six months following the recapture, the Reinsurer will calculate a terminal accounting that will include a refund of unearned premiums and unpaid claims. The Reinsurer will not be liable for any reinsured policies or portions of such reinsured policies eligible for recapture that pay to the Ceding Company has overlooked inadvertentlyany amount representing the reserve held on the business. If Payment of amounts specified in the terminal accounting will be the Reinsurer's full and final payment to the Ceding Company transfers business that is reinsured under this Agreement to a successor ceding company, then the successor ceding company has the option to recapture the reinsurance in accordance with the recapture criteria outlined in this Article, but only if the successor ceding company has or adopts a higher maximum retention limit than that applicable to the block of business subject to recaptureCompany.
Appears in 1 contract
Sources: Coinsurance Agreement (Cuna Mutual Variable Life Insurance Account)
Recapture. 12.1 Whenever At any time during the Ceding Companyterm of the Agreement, pursuant PRUCO may elect to Article 11recapture in full the coverage reinsured under this Agreement following the occurrence of any of the following events: (1) a “Risk Trigger Event” as defined in Schedule A of this Agreement for policies issued prior to January 1, 2004, (2) a Plan Change as described in Section 19 d. above, or (3) the Reinsurance Premium rates are increased. PRUCO may not recapture policies issued on or after January 1, 2004, following the occurrence of a “Risk Trigger Event.” In addition, after the twentieth policy anniversary, PRUCO may elect to recapture all or an appropriate portion of the coverage reinsured under this Agreement to reflect increases its in the maximum retention limits over for PRUCO and all of its affiliates, collectively, subsequent to the date of policy issue. These maximum retention limits set forth as of the effective date of this Agreement are equal to the amounts shown in Exhibit A − the Risk Retention Limits table shown in Schedule A. The portion of the Ceding Companycoverage that may be recaptured would be directly related to the increase in the limits. To illustrate, if the maximum retention limits are increased by 100%, then the portion that may be recaptured from all reinsurers of the policies reinsured under this Agreement would be equal to 100% of the portion of each reinsured policy that is retained by PRUCO. Furthermore, the Ceding Company has portion that may be recaptured from SWISS RE would be determined as SWISS RE’s prorata share of the option total portion reinsured with all reinsurers. If PRUCO elects to recapture certain risk amountsthe risks ceded to SWISS RE under this Agreement as stated above, it will do so by giving written notice to SWISS RE. Upon the delivery of such notice, all of the risks previously ceded under each of the policies subject to this Agreement shall be recaptured, effective as of the date specified in PRUCO’s notice. If PRUCO does not specify in the Ceding Company has maintained its stated retention for the plan and the insured's age, sex, and mortality classification on an automatic risk, or at least the lesser of its Per Life Retention Limit or [*] on a facultative risk, it may apply its increased retention limits to reduce the amount of reinsurance in force as follows:
(a) The Ceding Company must give the Reinsurer ninety (90) days written notice prior the date that such recapture is to its intended date be effective, then the recapture shall be effective immediately upon SWISS RE’s receipt of recapture.
(b) The reduction of reinsurance on affected policies will become effective on the policy anniversary date immediately following the notice of election to recapture; however, no reduction will be made until notice. If a policy has been in force for a duration of at least [*].
(c) If any reinsured policy is recaptured, all reinsured policies eligible for recapture under SWISS RE will pay PRUCO the provisions of this Article must be recaptured up to the Ceding Company's new retention limits in a consistent manner and the Ceding Company must increase its total amount of insurance retained on each reinsured life. The Ceding Company may not revoke its election to recapture for policies becoming eligible at future anniversaries. Recapture for a policy may occur at different times because of different duration requirements under various unearned reinsurance agreements. For a policy subject to recapture from the Reinsurer that has met the duration requirement in clause (b) above, the revised Reinsured Net Amount at Risk shall be determined using Ceding Company's Retained Share as if the policy were eligible for recapture from all reinsurers who have a share of the risk on that policy (or who had a share of risk on that policy prior to an earlier recapture). For a policy not yet subject to recapture from the Reinsurer because of an unattained duration requirement, Reinsured Net Amount at Risk will continue being determined using Ceding Company's Retained Share as provided for in Exhibit A as if the policy were not eligible for recapture by any of the reinsurers who have or had a share of the risk on the policy. The amount of reinsurance eligible for recapture is based on the Net Amount at Risk premium as of the date of recapture. For a policy issued as a result of an exchange or conversionSWISS RE shall not be liable, the policy date and current duration of the new policy and the recapture provisions under this Agreement will be used. Following Agreement, for any claims incurred after the effective date of recapture, the Reinsurer will not be liable for any reinsured policies or portions of such reinsured policies eligible for recapture that the Ceding Company has overlooked inadvertently. If the Ceding Company transfers business that is reinsured under this Agreement to a successor ceding company, then the successor ceding company has the option to recapture the reinsurance in accordance with the recapture criteria outlined in this Article, but only if the successor ceding company has or adopts a higher maximum retention limit than that applicable to the block of business subject to recapture.Amendment #1 PRUCO - SWISS RE 03/22/2013
Appears in 1 contract
Recapture. 12.1 11.1 Whenever the Ceding Company, pursuant to Article 11, Company increases its maximum retention limits over the maximum retention limits set forth in Exhibit A − Retention Limits of the Ceding CompanyA, the Ceding Company has the option to recapture certain risk amounts. If the Ceding Company has maintained its maximum stated retention (not a special retention limit) for the plan and the insured's issue age, sex, and mortality classification on an automatic risk, or at least the lesser of its Per Life Retention Limit or [*] on a facultative riskclassification, it may apply its increased retention limits to reduce the amount of reinsurance in force as follows:.
(a) The Ceding Company must give the Reinsurer ninety MARC thirty (9030) days written notice prior to its intended date the commencement of recapture.
(b) The reduction of reinsurance on affected policies will become effective on the policy anniversary date immediately following the notice of election to recapture; however, no reduction will be made until a policy has been in force for a duration of at least [*]twenty (20) years.
(c) If any reinsured policy is recaptured, all reinsured policies eligible for recapture under the provisions of this Article must be recaptured up to the Ceding Company's new maximum retention limits in a consistent manner and the Ceding Company must increase its total amount of insurance retained on each reinsured life. The Ceding Company may not revoke its election to recapture for policies becoming eligible at future anniversaries. Recapture for a If portions of the reinsured policy may occur at different times because of different duration requirements under various reinsurance agreements. For a policy subject have been ceded to recapture from the Reinsurer that has met the duration requirement in clause (b) abovemore than one reinsurer, the revised Reinsured Net Amount at Risk shall be determined using Ceding Company's Retained Share Company must allocate the reduction in reinsurance so that the amount reinsured by each reinsurer after the reduction is proportionately the same as if the policy were eligible for recapture from all reinsurers who have a share new maximum dollar retention limits had been in effect at the time of the risk on that policy (or who had a share of risk on that policy prior to an earlier recapture). For a policy not yet subject to recapture from the Reinsurer because of an unattained duration requirement, Reinsured Net Amount at Risk will continue being determined using Ceding Company's Retained Share as provided for in Exhibit A as if the policy were not eligible for recapture by any of the reinsurers who have or had a share of the risk on the policyissue. The amount of reinsurance eligible for recapture is based on the Net Amount current amount at Risk risk as of the date of recapture. For a policy issued as a result of an exchange or exchange, conversion, or re-entry, the policy date and current duration recapture terms of the new reinsurance agreement covering the original policy will apply, and the duration period for the purpose of recapture provisions under this Agreement will be usedmeasured from the effective date of the reinsurance on the original policy. Following If there is a reinsured waiver of premium claim in effect when recapture takes place, MARC will continue to pay its share of the waiver claim until it terminates. MARC will not be liable for any other benefits, including the basic life risk, that are eligible for recapture. All such eligible benefits will be recaptured as if there were no waiver claim in effect. After the effective date of recapture, the Reinsurer MARC will not be liable for any reinsured policies or portions of such reinsured policies eligible for recapture that the Ceding Company has overlooked inadvertentlyoverlooked, provided however that MARC will be liable for a refund in full of any premium so received. If No recapture will be permitted if the Ceding Company transfers business that is reinsured under this Agreement to a successor ceding company, then has either obtained or increased stop loss reinsurance coverage as justification for the successor ceding company has the option to recapture the reinsurance increase in accordance with the recapture criteria outlined in this Article, but only if the successor ceding company has or adopts a higher maximum retention limit than that applicable to the block of business subject to recapture.limits. 15 -------------------------------------------------------------------------------- [GRAPHIC OMITTED] MARC MUNICH RE GROUP
Appears in 1 contract
Sources: Automatic Yrt Reinsurance Agreement (Jackson National Separate Account Iv)
Recapture. 12.1 Whenever When the Ceding Company, Company increases its Corporate Maximum Retention Limit pursuant to Article 11this Agreement, increases the Company may, at its retention limits over option, recapture an amount equal to the retention limits set forth difference between the amount originally retained and the amount the Company would have retained on the same reinsurance basis as specified in Exhibit A − the Exhibits hereto had the new Corporate Maximum Retention Limits Limit been in effect at the time of issue, provided:
i. The Company gives the Reinsurer written notice of its intention to recapture within ninety (90) days of the Ceding Company, effective date of the Ceding Corporate Maximum Retention Limit increase; and
ii. such recaptures are made on the next anniversary of each Reinsured Policy affected unless mutually agreed otherwise by the Company and the Reinsurer and with no recapture being made until the Reinsured Policy has been in force for the period specified in the Exhibits hereto; and
iii. the Company has maintained, from the option time the Policy was issued, an amount equal to recapture certain risk amounts. If the Ceding Company has maintained its stated retention applicable Corporate Maximum Retention Limit for the plan and the insured's ageclassification; and
iv. the Company has applied its increased Corporate Maximum Retention Limit in a consistent manner to all categories of its Retention Limits specified in the Exhibits hereto unless otherwise agreed to by the Reinsurer. In applying its increased Corporate Maximum Retention Limit to Reinsured Policies, sex, the age and mortality classification on an automatic risk, or rating at least the lesser time of its Per Life Retention Limit or [*] on a facultative risk, it may apply its increased retention limits issue will be used to reduce determine the amount of reinsurance in force as follows:
(a) The Ceding the Company's increased retention. If the Company must give the Reinsurer ninety (90) days written notice prior to exercises its intended date of recapture.
(b) The reduction of reinsurance on affected policies will become effective on the policy anniversary date immediately following the notice of election option to recapture; however, no reduction will be made until a policy has been in force for a duration of at least [*].
(c) If any reinsured policy is recaptured, all reinsured policies Reinsured Policies eligible for recapture under the provisions of this Article must be recaptured up recaptured. If there is reinsurance in other companies on risks eligible for recapture, the necessary reduction is to be applied pro rata to the Ceding Company's new retention limits in a consistent manner and the Ceding Company must increase its total amount of insurance retained on each reinsured life. The Ceding Company may not revoke its election to recapture for policies becoming eligible at future anniversaries. Recapture for a policy may occur at different times because of different duration requirements under various reinsurance agreements. For a policy subject to recapture from the Reinsurer that has met the duration requirement in clause (b) above, the revised Reinsured Net Amount at Risk shall be determined using Ceding Company's Retained Share as if the policy were eligible for recapture from all reinsurers who have a share of the risk on that policy (or who had a share of risk on that policy prior to an earlier recapture). For a policy not yet subject to recapture from the Reinsurer because of an unattained duration requirement, Reinsured Net Amount at Risk will continue being determined using Ceding Company's Retained Share as provided for in Exhibit A as if the policy were not eligible for recapture by any of the reinsurers who have or had a share of the risk on the policyoutstanding reinsurance. The amount of reinsurance eligible for recapture is based on the Net Amount reinsured net amount at Risk risk as of the date of recapture. For a policy issued The Company may not revoke its election to recapture on Reinsured Policies becoming eligible at future anniversaries. No recapture of Reinsured Policies will occur if the Company has either obtained or increased stop loss reinsurance coverage as a result of an exchange or conversion, justification for the policy date and current duration of the new policy and the recapture provisions under this Agreement will be usedincrease in Retention Limits. Following the effective date of recapture, the Reinsurer will not be liable for claims on any reinsured policies Reinsured Policies or portions of such reinsured policies Reinsured Policies that are eligible for recapture that but the Ceding Company has overlooked inadvertentlyoverlooked. In this instance, the Reinsurer will be liable only for a credit of the premiums received after the effective date of recapture, less any allowance. If Waiver of Premium (WP) is a reinsured benefit on any Reinsured Policy covered by this Agreement and there is a WP claim in effect with respect to a Reinsured Policy when recapture takes place, the WP claim will stay in effect and the Reinsurer will continue to pay its share of the WP claim until such claim terminates. During such period, the Reinsurer will not be liable for any other benefits with respect to the Reinsured Policy, including the basic life risk, which are eligible for recapture. All eligible benefits will be recaptured as if there was no WP claim. If the Ceding Company transfers business that is reinsured under this Agreement to a successor ceding company, then the successor ceding company has the option to recapture the reinsurance reinsurance, in accordance with the recapture criteria outlined in this Article, but only if the successor ceding company has or adopts a higher maximum retention limit than that applicable of the Company. Should the successor company have a higher retention limit than the Company and exercises a right to recapture the business it may do so only ratably over a 36-month period. The terms and conditions of the Company’s right to recapture due to the block Reinsurer’s insolvency are specified in the Insolvency section of business subject to recapturethis Agreement.
Appears in 1 contract
Sources: Reinsurance Agreement (Ameritas Variable Separate Account V)
Recapture. 12.1 Whenever the Ceding Company, pursuant to Article 11, Company increases its retention limits over the retention limits Retention Limit , as set forth in Exhibit A − Retention Limits D, it may elect to recapture all in force reinsurance affected by the increase, provided a ninety (90) day written notice is given to the Reinsurer prior to the effective date of commencement of its recapture election. Recapture of the Ceding Company, in force reinsurance shall be subject to the Ceding Company following conditions:
a) An in force Reinsured Policy shall not be eligible for recapture until it has the option to recapture certain risk amounts. If the Ceding Company has maintained its stated retention been reinsured for the plan minimum number of years as specified in Exhibit C-1. The effective date of the reduction in reinsurance shall be the later of:
i) the first Policy anniversary following the expiration of the ninety (90) day notice period to recapture; or
ii) the Policy anniversary date when the required minimum number of years is attained; or
iii) a mutually agreed effective date between the Company and the Reinsurer.
b) The Company must have maintained the maximum dollar retention on the life for the plan, insured's age, sex, sex and mortality classification on an automatic risk, or at least the lesser of its Per Life Retention Limit or [*] on a facultative risk, it may apply its increased retention limits to reduce the amount of reinsurance as set forth in force as follows:Exhibit D.
(a) The Ceding Company must give the Reinsurer ninety (90) days written notice prior to its intended date of recapture.
(b) The reduction of reinsurance on affected policies will become effective on the policy anniversary date immediately following the notice of election to recapture; however, no reduction will be made until a policy has been in force for a duration of at least [*].
(c) If any reinsured policy is recaptured, Reinsurance for all reinsured policies Reinsured Policies eligible for recapture under shall be reduced by the provisions of this Article must be recaptured amount necessary to increase the total amount retained on the life up to the Ceding Company's new retention limits in a consistent manner and the Ceding Company must increase its total amount of insurance retained on each reinsured life. The Ceding Company may not revoke its election to recapture for policies becoming eligible at future anniversaries. Recapture for a policy may occur at different times because of different duration requirements under various reinsurance agreements. For a policy subject to recapture from the Reinsurer that has met the duration requirement in clause (b) above, the revised Reinsured Net Amount at Risk shall be determined using Ceding Company's Retained Share as if the policy were eligible for recapture from all reinsurers who have a share of the risk on that policy (or who had a share of risk on that policy prior to an earlier recapture). For a policy not yet subject to recapture from the Reinsurer because of an unattained duration requirement, Reinsured Net Amount at Risk will continue being determined using Ceding Company's Retained Share as provided for in Exhibit A as if the policy were not eligible for recapture by any of the reinsurers who have or had a share of the risk on the policyRetention Limit. The amount of reinsurance eligible for recapture is will be the difference between the amount originally retained and the amount the Company would have retained had the new retention been in effect at the time of issue. The amount of reinsurance eligible for recapture will be determined based on the Net Amount reinsurance net amount at Risk risk as of the date of recapture. .
d) If the Reinsured Policy is eligible for recapture from other reinsurers, the reduction in reinsurance shall be shared proportionately based upon the original risk among the reinsurers.
e) If more than one Reinsured Policy is eligible for recapture, any recapture must be affected beginning with the Reinsured Policy with the earliest issue date and continuing in chronological order according to the remaining Reinsured Policies' issue dates.
f) The Company shall not rescind or revoke its decision to recapture once elected for any Reinsured Policies becoming eligible on future Policy anniversaries.
g) For a policy Reinsured Policy issued as a result of an exchange or a continuation, such as conversion, reentry or exchange, the policy date and current duration recapture terms of the new policy agreement covering the original Policy shall apply and the recapture provisions under this Agreement will period shall be used. Following measured from the effective issue date of recapturethe original Policy.
h) No recapture will occur if the Company has either obtained or increased stop loss reinsurance coverage as justification for the increase in retention.
i) Recapture is optional, but if any reinsured business is recaptured, all eligible reinsured business must be recaptured. In addition, all life risks reinsured under any other reinsurance agreement between the Reinsurer and the Company which are eligible for recapture must be similarly recaptured.
j) Any successor of the Company will have the option to recapture reinsurance in accordance with this Article, provided that the successor company has or adopts a higher Retention Limit than previously used by the Company.
k) Effective as of the recapture date, the Reinsurer will not be liable for any reinsured policies eligible business which was overlooked. The parties' obligations for any recaptured business will be limited to those relating to events or portions circumstances arising or occurring before the recapture date, including payment of such reinsured policies eligible for recapture that the Ceding Company has overlooked inadvertently. If termination settlement amount.
l) Upon payment of the Ceding Company transfers business that is reinsured termination settlement amount, each party will be deemed to be fully and finally released from all obligations under this Agreement to a successor ceding company, then the successor ceding company has the option to recapture the reinsurance in accordance with the recapture criteria outlined in this Article, but only if the successor ceding company has or adopts a higher maximum retention limit than that applicable respect to the block of business subject to recapturerecaptured business.
Appears in 1 contract
Sources: Reinsurance Agreement (Nationwide VL Separate Account-G)
Recapture. 12.1 Whenever the Ceding Company, pursuant 1) In addition to Article 11, increases its retention limits over the retention limits set forth in Exhibit A − Retention Limits of the Ceding Companyany other recapture rights provided herein, the Ceding Company has the option to recapture certain risk amountsamounts after the level premium period of each plan only upon an increase in the Company’s maximum retention limit as set forth in Exhibit A. The Company will maintain the existing quota share percentage of retention; however it may apply the percentage to the new increased limits. If The amount eligible for recapture will be the Ceding Company has maintained its stated retention for difference between the plan amount originally retained and the insured's age, sex, and mortality classification amount the Company would have retained on an automatic risk, or the same quota share basis had the new retention schedule been in effect at least the lesser time of its Per Life Retention Limit or [*] on a facultative risk, it issue. The Company may apply its increased retention limits to reduce the amount of reinsurance in force as follows:
(a) a. The Ceding Company must give the Reinsurer ninety (90) days written notice prior to its intended date of the commencement of recapture.
(b) b. The reduction of reinsurance on affected policies will become effective on the policy anniversary date immediately following the notice of election to recapture; however, no reduction will be made until a prior to the policy has been anniversary specified in force for a duration of at least [*].Exhibit D.
(c) c. If any reinsured policy is recaptured, all reinsured policies eligible for recapture under the provisions of this Article must be recaptured up to the Ceding Company's ’s new maximum retention limits in a consistent manner and the Ceding Company must increase its total amount of insurance retained on each reinsured life. The Ceding Company may not revoke its election to recapture for policies becoming eligible at future anniversaries. Recapture When performed in accordance with the terms of this Agreement, there shall be no fee or penalty to the Company for a exercising the Company’s increase in retention and recapture rights. If portions of the reinsured policy may occur at different times because of different duration requirements under various reinsurance agreements. For a policy subject have been ceded to recapture from the Reinsurer that has met the duration requirement in clause (b) abovemore than one reinsurer, the revised Reinsured Net Amount at Risk shall be determined using Ceding Company's Retained Share Company must allocate the reduction in reinsurance so that the amount reinsured by each reinsurer after the reduction is proportionately the same as if the policy were eligible for recapture from all reinsurers who have a share new maximum dollar retention limits had been in effect at the time of the risk on that policy (or who had a share of risk on that policy prior to an earlier recapture). For a policy not yet subject to recapture from the Reinsurer because of an unattained duration requirement, Reinsured Net Amount at Risk will continue being determined using Ceding Company's Retained Share as provided for in Exhibit A as if the policy were not eligible for recapture by any of the reinsurers who have or had a share of the risk on the policyissue. The amount of reinsurance eligible for recapture is based on the Net Amount current amount at Risk risk as of the date of recapture. For a policy issued as a result of an exchange or exchange, conversion, or re-entry, the policy date and current duration recapture terms of the new reinsurance agreement covering the original policy will apply, and the duration period for the purpose of recapture provisions under this Agreement will be usedmeasured from the effective date of the reinsurance on the original policy. Following After the effective date of recapture, the Reinsurer will not be liable for any reinsured policies or portions of such reinsured policies eligible for recapture that the Ceding Company has overlooked inadvertently. If the Ceding Company transfers business that is reinsured under this Agreement to a successor ceding company, then the successor ceding company has the option to recapture the reinsurance in accordance with the recapture criteria outlined in this Article, but only if the successor ceding company has or adopts a higher maximum retention limit than that applicable to the block of business subject to recaptureoverlooked.
Appears in 1 contract
Recapture. 12.1 Whenever the The Ceding Company, pursuant to Article 11, increases Company may increase its maximum retention limits over the maximum retention limits set forth in Exhibit A − Retention Limits I and therefore "Recapture" a portion of the Ceding Company, reinsured risk if the Ceding Company has following conditions have been met.
1. Reinsured Polices are not eligible for Recapture until the option to recapture certain risk amounts. If the Ceding Company has maintained its stated retention for the plan and the insured's age, sex, and mortality classification on an automatic risk, or at least the lesser end of its Per Life Retention Limit or [*] on a facultative risk, it may apply its increased retention limits to reduce the amount of reinsurance in force as follows:years from each such Reinsured Policy's effective date.
(a) 2. The Ceding Company must give the Reinsurer Generali USA ninety (90) days written notice prior to its intended date of the commencement of recapture.
(b) 3. The Recapture must occur in conjunction with an increase in the Ceding Company's maximum amount on its schedule of retention. For a Reinsured Policy, if the Ceding Company has maintained its maximum retention for the plan of insurance and the insured's issue age, sex, and mortality classification, it may apply its increased retention limits to that Reinsured Policy to reduce the amount of reinsurance in force.
4. The reduction of reinsurance on affected policies will become effective on the policy anniversary date immediately following the notice of election to recapture; however, no reduction will be made until a policy has been in force for a duration of at least [*].
(c) 5. If any reinsured policy is recapturedrecaptured in accordance with this Article, all reinsured policies similarly situated Reinsured Policies eligible for recapture under the provisions of this Article must be recaptured up to the Ceding Company's new maximum retention limits limits. Such recapture must be done in a consistent manner and the Ceding Company must increase its total amount of insurance retained on each reinsured lifelife that is eligible. The Ceding Company may not revoke its election to recapture for policies becoming eligible at future anniversaries.
6. Recapture for a policy may occur at different times because of different duration requirements under various reinsurance agreements. For a policy subject to recapture from the Reinsurer that has met the duration requirement in clause (b) above, the revised Reinsured Net Amount at Risk shall be determined using Ceding Company's Retained Share as if the policy were eligible for recapture from all reinsurers who have a share of the risk on that policy (or who had a share of risk on that policy prior to an earlier recapture). For a policy not yet subject to recapture from the Reinsurer because of an unattained duration requirement, Reinsured Net Amount at Risk will continue being determined using Ceding Company's Retained Share as provided for in Exhibit A as if the policy were not eligible for recapture by any of the reinsurers who have or had a share of the risk on the policy. The amount of reinsurance eligible for recapture is based on the Net Amount at Risk as of the date of recapture. For a policy issued as a result of an exchange or conversion, the policy date and current duration of the new policy and the recapture provisions under If this Agreement will be used. Following utilizes a "quota share" method of allocating the effective date of recapture, the Reinsurer will not be liable for any reinsured policies or portions of such reinsured policies eligible for recapture that risk and the Ceding Company has overlooked inadvertently. If recaptures a portion of the Ceding Company transfers business that is reinsured under this Agreement risk, it must apply the same percentage ceded to a successor ceding company, then each reinsurer when determining the successor ceding company has the option amount to recapture the reinsurance in accordance with the recapture criteria outlined in this Article, but only if the successor ceding company has or adopts a higher maximum retention limit than that applicable to the block of business subject to recapturebe recaptured .
Appears in 1 contract
Sources: Reinsurance Agreement (Ameritas Variable Separate Account V)
Recapture. 12.1 Whenever the Ceding Company, pursuant to Article 11, increases its retention limits over the retention limits set forth in Exhibit A − - Retention Limits of the Ceding Company, the Ceding Company has the option to recapture certain risk amounts. If the Ceding Company has maintained its stated retention for the plan and the insured's age, sex, and mortality classification on an automatic risk, or at least the lesser of its Per Life Retention Limit or [*percentage] on a facultative risk, it may apply its increased retention limits to reduce the amount of reinsurance in force as follows:
(a) The Ceding Company must give the Reinsurer ninety (90) days written notice prior to its intended date of recapture.
(b) The reduction of reinsurance on affected policies will become effective on the policy anniversary date immediately following the notice of election to recapture; however, no reduction will be made until a policy has been in force for a duration of at least [*]number] years.
(c) If any reinsured policy is recaptured, all reinsured policies eligible for recapture under the provisions of this Article must be recaptured up to the Ceding Company's new retention limits in a consistent manner and the Ceding Company must increase its total amount of insurance retained on each reinsured life. The Ceding Company may not revoke its election to recapture for policies becoming eligible at future anniversaries. Recapture for a policy may occur at different times because of different duration requirements under various reinsurance agreements. For a policy subject to recapture from the Reinsurer that has met the duration requirement in clause (b) above, the revised Reinsured Net Amount at Risk shall be determined using Ceding Company's Retained Share as if the policy were eligible for recapture from all reinsurers who have a share of the risk on that policy (or who had a share of risk on that policy prior to an earlier recapture). For a policy not yet subject to recapture from the Reinsurer because of an unattained duration requirement, Reinsured Net Amount at Risk will continue being determined using Ceding Company's Retained Share as provided for in Exhibit A as if the policy were not eligible for recapture by any of the reinsurers who have or had a share of the risk on the policy. The amount of reinsurance eligible for recapture is based on the Net Amount at Risk as of the date of recapture. For a policy issued as a result of an exchange or conversion, the policy date and current duration of the new policy and the recapture provisions under this Agreement will be used. IDSL - [redacted] 19 VUL IV Plus/VUL IV Plus-ES Doc#2081405 Following the effective date of recapture, the Reinsurer will not be liable for any reinsured policies or portions of such reinsured policies eligible for recapture that the Ceding Company has overlooked inadvertently. If the Ceding Company transfers business that is reinsured under this Agreement to a successor ceding company, then the successor ceding company has the option to recapture the reinsurance in accordance with the recapture criteria outlined in this Article, but only if the successor ceding company has or adopts a higher maximum retention limit than that applicable to the block of business subject to recapture.
Appears in 1 contract
Sources: Reinsurance Agreement (Ids Life Variable Life Separate Account)
Recapture. 12.1 Whenever (a) Upon the occurrence and during the continuation of a Triggering Event, the Ceding CompanyCompany shall have the right (but not the obligation) to recapture all (and not less than all) of the outstanding reinsurance ceded under this Agreement as of the effective date of the recapture, pursuant by providing the Reinsurer with written notice of its intent to Article 11, increases its retention limits over effect recapture. Recapture of the retention limits set forth in Exhibit A − Retention Limits Covered Insurance Policies shall take place on the tenth (10th) day following the day on which the Ceding Company has provided the Reinsurer with such notice (the “Recapture Date”) and shall be effective on the last day of the calendar month preceding the calendar month during with the Recapture Date occurs (the “Recapture Effective Date”). Upon a recapture by the Ceding Company, the Ceding Company has the option to will only recapture certain risk amounts. If the Ceding Company has maintained its stated retention for the plan and the insured's ageReinsured Liabilities, sex, and mortality classification on an automatic risk, or at least the lesser of its Per Life Retention Limit or [*] on a facultative risk, it may apply its increased retention limits to reduce the amount of reinsurance in force as follows:
(a) The Ceding Company must give the excluding Reinsurer ninety (90) days written notice prior to its intended date of recaptureExtra Contractual Obligations.
(b) The reduction If the Ceding Company fails to timely pay any undisputed amount due under this Agreement [Redacted] and (i) such amount is not subject to a good faith dispute and (ii) such failure continues for forty-five (45) days after written notice thereof from the Reinsurer (a “Termination Event”), the Reinsurer shall have the right (but not the obligation) to terminate this Agreement by providing the Ceding Company with written notice of reinsurance its intent to terminate, and such termination will be treated as a recapture for all purposes hereunder. Recapture of the Covered Insurance Policies in connection with a Termination Event shall take place on affected policies will become the tenth (10th) day following the day on which the Reinsurer has provided the Ceding Company with such notice (such date constituting a Recapture Date) and shall be effective on the policy anniversary last day of the calendar month preceding the calendar month during with the Recapture Date occurs (such date immediately constituting a Recapture Effective Date). Upon a termination by the Reinsurer following a Termination Event, the notice Ceding Company shall recapture the Reinsured Liabilities other than the Reinsurer Extra Contractual Obligations. The Ceding Company shall not intentionally fail to comply with any term or condition of election this Agreement for the purpose of causing a Termination Event or encouraging the Reinsurer to recapture; however, no reduction will be made until terminate this Agreement following a policy has been in force for a duration of at least [*]Termination Event.
(c) If Following a recapture or termination pursuant to this Section 8.03, subject to the payment obligations described in Article IX, both the Ceding Company and the Reinsurer will be fully and finally released from all rights and obligations under this Agreement other than with respect to any reinsured policy is recapturedReinsurer Extra Contractual Obligations which will remain the obligation of the Reinsurer, all reinsured policies eligible subject to indemnification by the Reinsurer for recapture under the provisions benefit of this Article must be recaptured up to the Ceding Company's new retention limits . Following the consummation of any terminal settlement in respect of a consistent manner recapture or termination, no additional Premiums or other amounts payable under such Covered Insurance Policies shall be payable to the Reinsurer hereunder, nor, for the avoidance of doubt, shall the Reinsurer have any further right to receive any Recoverables nor further obligation to pay any Reinsured Liabilities or other amounts hereunder, in each case, except as provided in this Section 8.03(c) and except for obligations that expressly survive termination as provided in Section 8.02 (and for purposes of any such obligations under Article X excluding any Reinsured Liabilities other than Reinsurer Extra Contractual Obligations).
(d) Notwithstanding the remedies contemplated by this Article VIII or the Transaction Agreements, the Ceding Company must increase may, in its total amount of insurance retained on each reinsured life. The Ceding Company may not revoke its election to recapture for policies becoming eligible at future anniversaries. Recapture for a policy may occur at different times because of different duration requirements under various reinsurance agreements. For a policy subject to recapture from sole discretion, require direct payment by the Reinsurer that has met the duration requirement of any sum in clause (b) above, the revised Reinsured Net Amount at Risk shall be determined using Ceding Company's Retained Share as if the policy were eligible for recapture from all reinsurers who have a share of the risk on that policy (or who had a share of risk on that policy prior to an earlier recapture). For a policy not yet subject to recapture from the Reinsurer because of an unattained duration requirement, Reinsured Net Amount at Risk will continue being determined using Ceding Company's Retained Share as provided for in Exhibit A as if the policy were not eligible for recapture by any of the reinsurers who have or had a share of the risk on the policy. The amount of reinsurance eligible for recapture is based on the Net Amount at Risk as of the date of recapture. For a policy issued as a result of an exchange or conversion, the policy date and current duration of the new policy and the recapture provisions default under this Agreement will or any Transaction Agreement in lieu of exercising the remedies in this Article VIII, and it shall be used. Following the effective date of recapture, the Reinsurer will not be liable for no defense to any reinsured policies or portions of such reinsured policies eligible for recapture claim that the Ceding Company has overlooked inadvertently. If the Ceding Company transfers business that is reinsured under this Agreement to a successor ceding company, then the successor ceding company has the option to recapture the reinsurance in accordance with the recapture criteria outlined in this Article, but only if the successor ceding company has or adopts a higher maximum retention limit than that applicable to the block of business subject to recapturemight have had other recourse.
Appears in 1 contract
Sources: Reinsurance Agreement (Talcott Resolution Life Insurance Co Separate Account Two Dc Var Ac Ii)
Recapture. 12.1 11.1 Whenever the Ceding Company, pursuant to Article 11, Company increases its maximum retention limits over the maximum retention limits set forth in Exhibit A − Retention Limits of A, the Ceding Company, through the Ceding Company Administrator, has the option to recapture certain risk amounts. If the Ceding Company has maintained its maximum stated retention (not a special retention limit) for the plan and the insured's ’s issue age, sex, and mortality classification on an automatic risk, or at least the lesser of its Per Life Retention Limit or [*] on a facultative riskclassification, it may apply its increased retention limits to reduce the amount of reinsurance in force as follows:.
(a) The Ceding Company Company, through the Administrator, must give the Reinsurer ninety IHLIC thirty (9030) days written notice prior to its intended date the commencement of recapture.
(b) The reduction of reinsurance on affected policies will become effective on the policy anniversary date immediately following the notice of election to recapture; however, no reduction will be made until a policy has been in force for a duration of at least [*]twenty (20) years.
(c) If any reinsured policy is recaptured, all reinsured policies eligible for recapture under the provisions of this Article must be recaptured up to the Ceding Company's ’s new maximum retention limits in a consistent manner and the Ceding Company must increase its total amount of insurance retained on each reinsured life. The Ceding Company may not revoke its election to recapture for policies becoming eligible at future anniversaries. Recapture for a If portions of the reinsured policy may occur at different times because of different duration requirements under various reinsurance agreements. For a policy subject have been ceded to recapture from the Reinsurer that has met the duration requirement in clause (b) abovemore than one reinsurer, the revised Reinsured Net Amount at Risk shall be determined using Ceding Company's Retained Share , through the Administrator, must allocate the reduction in reinsurance so that the amount reinsured by each reinsurer after the reduction is proportionately the same as if the policy were eligible for recapture from all reinsurers who have a share new maximum dollar retention limits had been in effect at the time of the risk on that policy (or who had a share of risk on that policy prior to an earlier recapture). For a policy not yet subject to recapture from the Reinsurer because of an unattained duration requirement, Reinsured Net Amount at Risk will continue being determined using Ceding Company's Retained Share as provided for in Exhibit A as if the policy were not eligible for recapture by any of the reinsurers who have or had a share of the risk on the policyissue. The amount of reinsurance eligible for recapture is based on the Net Amount current amount at Risk risk as of the date of recapture. For a policy issued as a result of an exchange or exchange, conversion, or re-entry, the policy date and current duration recapture terms of the new reinsurance agreement covering the original policy will apply, and the duration period for the purpose of recapture provisions under this Agreement will be usedmeasured from the effective date of the reinsurance on the original policy. Following If there is a reinsured waiver of premium claim in effect when recapture takes place, IHLIC will continue to pay its share of the waiver claim until it terminates. IHLIC will not be liable for any other benefits, including the basic life risk, that are eligible for recapture. All such eligible benefits will be recaptured as if there were no waiver claim in effect. After the effective date of recapture, the Reinsurer IHLIC will not be liable for any reinsured policies or portions of such reinsured policies eligible for recapture that the Ceding Company has overlooked inadvertentlyoverlooked. If No recapture will be permitted if the Ceding Company transfers business that is reinsured under this Agreement to a successor ceding company, then has either obtained or increased stop loss reinsurance coverage as justification for the successor ceding company has the option to recapture the reinsurance increase in accordance with the recapture criteria outlined in this Article, but only if the successor ceding company has or adopts a higher maximum retention limit than that applicable to the block of business subject to recapturelimits.
Appears in 1 contract
Sources: Automatic Yrt Reinsurance Agreement (First Trinity Financial CORP)
Recapture. 12.1 Whenever At any time during the Ceding Companyterm of the Agreement, pursuant PRUCO may elect to Article 11recapture in full the coverage reinsured under this Agreement following the occurrence of either of the following events: (1) a “Risk Trigger Event” as defined in Schedule A of this Agreement; or (2) a Plan Change as described in Section 19 d. above: or (3) the Reinsurance Premium rates are increased. In addition, after the twentieth policy anniversary, PRUCO may elect to recapture all or an appropriate portion of the coverage reinsured under this Agreement to reflect increases its in the maximum retention limits over for PRUCO and all of its affiliates, collectively, subsequent to the date of policy issue. These maximum retention limits set forth as of the effective date of this Agreement are equal to the amounts shown in Exhibit A − the Risk Retention Limits table shown in Schedule A. The portion of the Ceding Companycoverage that may be recaptured would be directly related to the increase in the limits. To illustrate, if the maximum retention limits are increased by 100%, then the portion that may be recaptured from all reinsurers of the policies reinsured under this Agreement would be equal to 100% of the portion of each reinsured policy that is retained by PRUCO. Furthermore, the Ceding Company has portion that may be recaptured from AUSA would be determined as AUSA’s prorata share of the option total portion reinsured with all reinsurers. If PRUCO elects to recapture certain risk amountsthe risks ceded to AUSA under this Agreement as stated above, it will do so by giving written notice to AUSA. Upon the delivery of such notice, all of the risks previously ceded under each of the policies subject to this Agreement shall be recaptured, effective as of the date specified in PRUCO’s notice. If PRUCO does not specify in the Ceding Company has maintained its stated retention for the plan and the insured's age, sex, and mortality classification on an automatic risk, or at least the lesser of its Per Life Retention Limit or [*] on a facultative risk, it may apply its increased retention limits to reduce the amount of reinsurance in force as follows:
(a) The Ceding Company must give the Reinsurer ninety (90) days written notice prior the date that such recapture is to its intended date be effective, then the recapture shall be effective immediately upon AUSA’s receipt of recapture.
(b) The reduction of reinsurance on affected policies will become effective on the policy anniversary date immediately following the notice of election to recapture; however, no reduction will be made until notice. If a policy has been in force for a duration of at least [*].
(c) If any reinsured policy is recaptured, all reinsured policies eligible for recapture under AUSA will pay PRUCO the provisions of this Article must be recaptured up to the Ceding Company's new retention limits in a consistent manner and the Ceding Company must increase its total amount of insurance retained on each reinsured life. The Ceding Company may not revoke its election to recapture for policies becoming eligible at future anniversaries. Recapture for a policy may occur at different times because of different duration requirements under various unearned reinsurance agreements. For a policy subject to recapture from the Reinsurer that has met the duration requirement in clause (b) above, the revised Reinsured Net Amount at Risk shall be determined using Ceding Company's Retained Share as if the policy were eligible for recapture from all reinsurers who have a share of the risk on that policy (or who had a share of risk on that policy prior to an earlier recapture). For a policy not yet subject to recapture from the Reinsurer because of an unattained duration requirement, Reinsured Net Amount at Risk will continue being determined using Ceding Company's Retained Share as provided for in Exhibit A as if the policy were not eligible for recapture by any of the reinsurers who have or had a share of the risk on the policy. The amount of reinsurance eligible for recapture is based on the Net Amount at Risk premium as of the date of recapture. For a policy issued as a result of an exchange or conversionAUSA shall not be liable, the policy date and current duration of the new policy and the recapture provisions under this Agreement will be used. Following Agreement, for any claims incurred after the effective date of recapture, the Reinsurer will not be liable for any reinsured policies or portions of such reinsured policies eligible for recapture that the Ceding Company has overlooked inadvertently. If the Ceding Company transfers business that is reinsured under this Agreement to a successor ceding company, then the successor ceding company has the option to recapture the reinsurance in accordance with the recapture criteria outlined in this Article, but only if the successor ceding company has or adopts a higher maximum retention limit than that applicable to the block of business subject to recapture.
Appears in 1 contract
Sources: Reinsurance Agreement (Pruco Life Variable Universal Account)
Recapture. 12.1 Whenever the Ceding Company, pursuant to Article 11, increases its retention limits over the retention limits set forth in Exhibit A − - Retention Limits of the Ceding Company, the Ceding Company has the option to recapture certain risk amounts. If the Ceding Company has maintained its maximum stated retention for the plan and the insured's age, sex, and mortality classification on an automatic risk, or at least the lesser of its Per Life Retention Limit or [*percentage] on a facultative risk, it may apply its increased retention limits to reduce the amount of reinsurance in force as follows:
(a) The Ceding Company must give the Reinsurer ninety (90) days written notice prior to its intended date of recapture.
(b) The reduction of reinsurance on affected policies will become effective on the policy anniversary date immediately following the notice of election to recapture; however, no reduction will be made until a policy has been in force for a duration of at least [*]twenty (20) years.
(c) If any reinsured policy is recaptured, all reinsured policies eligible for recapture under the provisions of this Article or under the provisions of another treaty must be recaptured up to the Ceding Company's new retention limits in a consistent manner and the Ceding Company must increase its total amount of insurance retained on each reinsured life. The Ceding Company may not revoke its election to recapture for policies becoming eligible at future anniversaries. Recapture for a policy may occur at different times because of different duration requirements under various reinsurance agreements. For a policy subject to recapture from the Reinsurer that has met the duration requirement in clause (b) above, the revised Reinsured Net Amount at Risk shall be determined using Ceding Company's Retained Share as if the policy were eligible for recapture from all reinsurers who have a share of the risk on that policy (or who had a share of risk on that policy prior to an earlier recapture). For a policy not yet subject to recapture from the Reinsurer because of an unattained duration requirement, Reinsured Net Amount at Risk will continue being determined using Ceding Company's Retained Share as provided for in Exhibit A as if the policy were not eligible for recapture by any of the reinsurers who have or had a share of the risk on the policy. The amount of reinsurance eligible for recapture is based on the Net Amount at Risk as of the date of recapture. For a policy issued as a result of an exchange or conversiona fully-underwritten exchange, the policy date and current duration of the new policy and the recapture provisions under this Agreement will be used. Following the effective date of recapture, the Reinsurer will not be liable for any reinsured policies or portions of such reinsured policies eligible for recapture that the Ceding Company has overlooked inadvertently. If the Ceding Company transfers business that is reinsured under this Agreement to a successor ceding company, then the successor ceding company has the option to recapture the reinsurance in accordance with the recapture criteria outlined in this Article, but only if the successor ceding company has or adopts a higher maximum retention limit than that applicable to the block of business subject to recapture.
Appears in 1 contract
Sources: Reinsurance Agreement (Ids Life of New York Account 8)
Recapture. 12.1 Whenever the Ceding Company, pursuant to Article 11, increases The Company may apply an increase in its retention limits over the retention limits set forth in Exhibit A − Retention Limits of the Ceding Company, the Ceding Company has the option to recapture certain risk amounts. If the Ceding Company has maintained its stated retention for the plan and the insured's age, sex, and mortality classification on an automatic risk, or at least the lesser of its Per Life Retention Limit or [*] on a facultative risk, it may apply its increased retention limits to reduce the ceded amount of inforce reinsurance in force as followsprovided that:
(a) The Ceding Company must give gives the Reinsurer ninety (90) days irrevocable written notice prior to of its intended date of recapture.
(b) The reduction of reinsurance on affected policies will become effective on the policy anniversary date immediately following the notice of election intention to recapture; however, no reduction and
b) Recapture will be effected on the next anniversary of each Reinsured Policy eligible for recapture unless agreed otherwise by both parties and with no recapture being made until a policy the Reinsured Policy has been in force for the period specified in Exhibit C-1. For a conversion or re-entry, the recapture terms of the original policy will apply and the duration for the recapture period will be measured from the effective date of at least [*].the original policy; and
(c) If any reinsured The Company has maintained, from the time the policy is recapturedwas issued, its full retention as set out in Exhibit D, and has applied its increased Retention Limit to all reinsured categories set out in Exhibit D. In applying its increased Retention Limit to Reinsured Policies, the age and mortality rating at the time of issue will be used to determine the amount of the Company's increased retention. For policies issued on an excess retention basis, the amount of reinsurance eligible for recapture under will be the provisions of this Article must be recaptured up to difference between the Ceding Company's amount originally retained and the amount the Company would have retained had the new retention limits been in effect at the time of issue. For policies issued on a consistent manner and quota share basis, the Ceding Company must increase its total amount of insurance retained on each reinsured life. The Ceding Company may not revoke its election to recapture for policies becoming eligible at future anniversaries. Recapture for a policy may occur at different times because of different duration requirements under various reinsurance agreements. For a policy subject to recapture from the Reinsurer that has met the duration requirement in clause (b) above, the revised Reinsured Net Amount at Risk shall be determined using Ceding Company's Retained Share as if the policy were eligible for recapture from all reinsurers who will be the difference between the amount originally retained and the amount the Company would have a share of the risk on that policy (or who had a share of risk on that policy prior to an earlier recapture). For a policy not yet subject to recapture from the Reinsurer because of an unattained duration requirement, Reinsured Net Amount at Risk will continue being determined using Ceding Company's Retained Share as provided for in Exhibit A as if the policy were not eligible for recapture by any of the reinsurers who have or had a share of the risk retained on the policysame quota share basis had the new retention been in effect at the time of issue. The amount of reinsurance eligible for recapture is will be determined based on the Net Amount reinsurance net amount at Risk risk as of the date of recapture. For a policy issued as a result of an exchange or conversionIf there is reinsurance with other reinsurers on risks eligible for recapture, the policy date reduction will be applied pro rata to the total outstanding reinsurance. Recapture is optional, but if any reinsured business is recaptured, all eligible reinsured business must be recaptured. In addition, all life risks reinsured under any other reinsurance agreement between the Reinsurer and current duration the Company which are eligible for recapture must be similarly recaptured. No reserves for the recaptured business will be paid to the Company by the Reinsurer. Effective as of the new policy and the recapture provisions under this Agreement will be used. Following the effective date of recapturedate, the Reinsurer will not be liable for any reinsured policies eligible business which was overlooked. The parties' obligations for any recaptured business will be limited to those relating to events or portions of such reinsured policies eligible for circumstances arising or occurring before the recapture that the Ceding Company has overlooked inadvertentlydate. If the Ceding Company transfers business that is reinsured Upon recapture, each party will be deemed to be fully and finally released from all obligations under this Agreement to a successor ceding company, then the successor ceding company has the option to recapture the reinsurance in accordance with the recapture criteria outlined in this Article, but only if the successor ceding company has or adopts a higher maximum retention limit than that applicable respect to the block of business subject to recapturerecaptured business. Exhibit A Business Covered Agreement Effective Date: June 1, 2008. The commencement dates for specific plans are shown below.
Appears in 1 contract
Sources: Reinsurance Agreement (Ameritas Variable Separate Account V)
Recapture. 12.1 Whenever the Ceding Company, pursuant to Article 11, increases its retention limits over the retention limits set forth in Exhibit A − - Retention Limits of the Ceding Company, the Ceding Company has the option to recapture certain risk amounts. If the Ceding Company has maintained its maximum stated retention for the plan and the insured's age, sex, and mortality classification on an automatic risk, or at least the lesser of its Per Life Retention Limit or [*percentage] on a facultative risk, it may apply its increased retention limits to reduce the amount of reinsurance in force as follows:
(a) The Ceding Company must give the Reinsurer ninety (90) days written notice prior to its intended date of recapture.
(b) The reduction of reinsurance on affected policies will become effective on the policy anniversary date immediately following the notice of election to recapture; however, no reduction will be made until a policy has been in force for a duration of at least [*]number] years.
(c) If any reinsured policy is recaptured, all reinsured policies eligible for recapture under the provisions of this Article must be recaptured up to the Ceding Company's new retention limits in a consistent manner and the Ceding Company must increase its total amount of insurance retained on each reinsured life. The Ceding Company may not revoke its election to recapture for policies becoming eligible at future anniversaries. Recapture for a policy may occur at different times because of different duration requirements under various reinsurance agreements. For a policy subject to recapture from the Reinsurer that has met the duration requirement in clause (b) above, the revised Reinsured Net Amount at Risk shall be determined using Ceding Company's Retained Share as if the policy were eligible for recapture from all reinsurers who have a share of the risk on that policy (or who had a share of risk on that policy prior to an earlier recapture). For a policy not yet subject to recapture from the Reinsurer because of an unattained duration requirement, Reinsured Net Amount at Risk will continue being determined using Ceding Company's Retained Share as provided for in Exhibit A as if the policy were not eligible for recapture by any of the reinsurers who have or had a share of the risk on the policy. The amount of reinsurance eligible for recapture is based on the Net Amount at Risk as of the date of recapture. For a policy issued as a result of an exchange or conversiona fully-underwritten exchange, the policy date and current duration of the new policy and the recapture provisions under this Agreement will be used. IDSL VUL4/LP Select Treaty 19 Following the effective date of recapture, the Reinsurer will not be liable for any reinsured policies or portions of such reinsured policies eligible for recapture that the Ceding Company has overlooked inadvertently. If the Ceding Company transfers business that is reinsured under this Agreement to a successor ceding company, then the successor ceding company has the option to recapture the reinsurance in accordance with the recapture criteria outlined in this Article, but only if the successor ceding company has or adopts a higher maximum retention limit than that applicable to the block of business subject to recapture.
Appears in 1 contract
Sources: Reinsurance Agreement (Ids Life Variable Life Separate Account)
Recapture. 12.1 Whenever 1. If the Ceding Company, pursuant to Article 11, CEDING COMPANY increases its regular retention limits over the retention limits set forth in Exhibit A − Retention Limits of the Ceding Companylimits, the Ceding Company it has the option of reducing reinsurance under this Agreement, provided it:
a. applies the increase in retention in a consistent manner to recapture certain risk amounts. If the Ceding Company has maintained its stated retention for the plan and the insured's age, sex, and mortality classification on an automatic risk, or at least the lesser all categories of its Per Life Retention Limit or [*] on a facultative risk, it may apply regular retention limits;
b. notifies the REINSURER in writing of its increased retention limits intention to reduce start the amount of reinsurance in force as follows:
(a) The Ceding Company must give the Reinsurer recapture process within ninety (90) days written notice prior to its intended after the effective date of the increase in retention; and
c. reduces all reinsurance eligible for recapture, including any supplementary benefits.
(b) The reduction of 2. If the CEDING COMPANY decides to recapture, then it can recapture those risks where:
a. the CEDING COMPANY has kept its maximum retention limit on that life for the plan, age and mortality rating at the time the policy was issued as shown in Exhibit C; and
b. the reinsurance on affected policies will become effective on the policy anniversary date immediately following the notice of election to recapture; however, no reduction will be made until a policy that risk has been in force with the REINSURER for a duration of at least [*]the number of years stated in Exhibit D.
3. The CEDING COMPANY will effect the recapture as follows:
a. The CEDING COMPANY will reduce the reinsurance on the policy's next anniversary following the period stated in Exhibit D.
b. The REINSURER's share of the reduction will be in proportion to its share of the total reinsurance on the person.
(c) If any reinsured policy is recaptured, all reinsured policies eligible for recapture under c. The CEDING COMPANY will reduce the provisions of this Article must be recaptured up reinsurance by an amount equal to the Ceding Companydifference between the CEDING COMPANY's new retention limits in a consistent manner per life and the Ceding Company must increase its total amount retention in existence at the time the policy was issued or last recaptured.
d. If there is an active claim for waiver of insurance retained premium disability on each reinsured life. The Ceding Company may not revoke its election to recapture for policies becoming eligible at future anniversaries. Recapture for a policy may occur at different times because of different duration requirements under various reinsurance agreements. For a policy subject to recapture from the Reinsurer that has met the duration requirement in clause (b) aboveperson, the revised Reinsured Net Amount life reinsurance will be recaptured, but the claim will remain with the REINSURER until it terminates, at Risk shall which time the disability insurance will also be determined using Ceding Company's Retained Share as if recaptured.
4. If the policy were eligible for CEDING COMPANY overlooks the recapture from all reinsurers who have a share of any reinsurance and the risk REINSURER subsequently accepts reinsurance premiums on that policy (or who had a share of risk on that policy prior to an earlier recapture). For a policy not yet subject to recapture from the Reinsurer because of an unattained duration requirement, Reinsured Net Amount at Risk will continue being determined using Ceding Company's Retained Share as provided for in Exhibit A as if the policy were not eligible for recapture by any of the reinsurers who have or had a share of the risk on the policy. The amount of reinsurance eligible for recapture is based on the Net Amount at Risk as of the date of recapture. For a policy issued as a result of an exchange or conversionsuch reinsurance, the policy date and current duration of the new policy and the recapture provisions under this Agreement REINSURER will be used. Following the effective date of recapture, the Reinsurer will not only be liable for the refund of unearned premiums, less any reinsured policies or portions of such reinsured policies eligible for recapture that the Ceding Company has overlooked inadvertently. If the Ceding Company transfers business that is reinsured under this Agreement to a successor ceding companyallowances and premium taxes if applicable, then the successor ceding company has the option to recapture the reinsurance in accordance with the recapture criteria outlined in this Article, but only if the successor ceding company has or adopts a higher maximum retention limit than that applicable to the block of business subject to recapturewithout interest.
Appears in 1 contract
Sources: Reinsurance Agreement (Mony America Variable Account L)
Recapture. 12.1 Whenever the Ceding Company, pursuant to Article 11, Company increases its maximum retention limits over the maximum retention limits set forth in Exhibit A − - Retention Limits of the Ceding Company, the Ceding Company has the option to recapture certain risk amounts. If the Ceding Company has maintained its maximum stated retention (not a special retention limit) for the plan and the insured's age, sex, and mortality classification on an automatic risk, or at least the lesser of its Per Life Retention Limit or [*] on a facultative riskclassification, it may apply its increased retention limits to reduce the amount of reinsurance in force as follows:
(a) The Ceding Company must give the Reinsurer ninety (90) 90 days written notice prior to its intended date of recapture.
(b) The reduction of reinsurance on affected policies will become effective on the policy anniversary date immediately following the notice of election to recapture; however, no reduction will be made until a policy has been in force for a duration of at least [*]number] years.
(c) If any reinsured policy is recaptured, all reinsured policies eligible for recapture under the provisions of this Article must be recaptured up to the Ceding Company's new maximum retention limits in a consistent manner and the Ceding Company must increase its total amount of insurance retained on each reinsured life. The Ceding Company may not revoke its election to recapture for policies becoming eligible at future anniversaries. Recapture for a If portions of the reinsured policy may occur at different times because of different duration requirements under various reinsurance agreements. For a policy subject have been ceded to recapture from the Reinsurer that has met the duration requirement in clause (b) abovemore than one reinsurer, the revised Reinsured Net Amount at Risk shall be determined using Ceding Company's Retained Share as if Company must allocate the policy were eligible for recapture from reduction in reinsurance among all the reinsurers who have a share so that the relationship of the risk on that policy (or who had a share of risk on that policy prior to an earlier recapture). For a policy not yet subject to recapture from the Reinsurer because of an unattained duration requirement, Reinsured Net Amount at Risk will continue being determined using Ceding Company's Retained Share as provided for in Exhibit A as if the policy were not eligible for recapture by any of total reinsurance among the reinsurers who have or had a share of in any given layer does not change due to the risk on the policyrecapture. The amount of reinsurance eligible for recapture is based on the Net Amount net amount at Risk risk as of the date of recapture. For a policy issued as a result of an exchange or conversiona fully-underwritten exchange, the policy date and the current duration of the new policy and the recapture provisions under this Agreement will be used. Following After the effective date of recapture, the Reinsurer will not be liable for any reinsured policies or portions of such reinsured policies eligible for recapture that the Ceding Company has overlooked inadvertentlyoverlooked. If the Ceding Company transfers business that is reinsured under this Agreement to a successor ceding company, then the successor ceding company has the option to recapture the reinsurance in accordance with the recapture criteria outlined in this Article, but only if the successor ceding company has or adopts a higher maximum retention limit than that applicable to the block of business subject to recapture.. IDSL Succession Select Treaty
Appears in 1 contract
Sources: Automatic Yrt Reinsurance Agreement (Ids Life Variable Life Separate Account)
Recapture. 12.1 Whenever At any time during the Ceding Companyterm of the Agreement, pursuant PRUCO OF NJ may elect to Article 11recapture in full the coverage reinsured under this Agreement following the occurrence of either of the following events: (1) a “Risk Trigger Event” as defined in Schedule A of this Agreement; or (2) a Plan Change as described in Section 19 d. above: or (3) the Reinsurance Premium rates are increased. In addition, after the twentieth policy anniversary, PRUCO OF NJ may elect to recapture all or an appropriate portion of the coverage reinsured under this Agreement to reflect increases its in the maximum retention limits over for PRUCO OF NJ and all of its affiliates, collectively, subsequent to the date of policy issue. These maximum retention limits set forth as of the effective date of this Agreement are equal to the amounts shown in Exhibit A − the Risk Retention Limits table shown in Schedule A. The portion of the Ceding Companycoverage that may be recaptured would be directly related to the increase in the limits. To illustrate, if the maximum retention limits are increased by 100%, then the portion that may be recaptured from all reinsurers of the policies reinsured under this Agreement would be equal to 100% of the portion of each reinsured policy that is retained by PRUCO OF NJ. Furthermore, the Ceding Company has portion that may be recaptured from ANNUITY & LIFE RE would be determined as ANNUITY & LIFE RE’s prorata share of the option total portion reinsured with all reinsurers. If PRUCO OF NJ elects to recapture certain risk amountsthe risks ceded to ANNUITY & LIFE RE under this Agreement as stated above, it will do so by giving written notice to ANNUITY & LIFE RE. Upon the delivery of such notice, all of the risks previously ceded under each of the policies subject to this Agreement shall be recaptured, effective as of the date specified in PRUCO OF NJ’s notice. If PRUCO OF NJ does not specify in the Ceding Company has maintained its stated retention for the plan and the insured's age, sex, and mortality classification on an automatic risk, or at least the lesser of its Per Life Retention Limit or [*] on a facultative risk, it may apply its increased retention limits to reduce the amount of reinsurance in force as follows:
(a) The Ceding Company must give the Reinsurer ninety (90) days written notice prior the date that such recapture is to its intended date be effective, then the recapture shall be effective immediately upon ANNUITY & LIFE RE’s receipt of recapture.
(b) The reduction of reinsurance on affected policies will become effective on the policy anniversary date immediately following the notice of election to recapture; however, no reduction will be made until notice. If a policy has been in force for a duration of at least [*].
(c) If any reinsured policy is recaptured, all reinsured policies eligible for recapture under ANNUITY & LIFE RE will pay PRUCO OF NJ the provisions of this Article must be recaptured up to the Ceding Company's new retention limits in a consistent manner and the Ceding Company must increase its total amount of insurance retained on each reinsured life. The Ceding Company may not revoke its election to recapture for policies becoming eligible at future anniversaries. Recapture for a policy may occur at different times because of different duration requirements under various unearned reinsurance agreements. For a policy subject to recapture from the Reinsurer that has met the duration requirement in clause (b) above, the revised Reinsured Net Amount at Risk shall be determined using Ceding Company's Retained Share as if the policy were eligible for recapture from all reinsurers who have a share of the risk on that policy (or who had a share of risk on that policy prior to an earlier recapture). For a policy not yet subject to recapture from the Reinsurer because of an unattained duration requirement, Reinsured Net Amount at Risk will continue being determined using Ceding Company's Retained Share as provided for in Exhibit A as if the policy were not eligible for recapture by any of the reinsurers who have or had a share of the risk on the policy. The amount of reinsurance eligible for recapture is based on the Net Amount at Risk premium as of the date of recapture. For a policy issued as a result of an exchange or conversionANNUITY & LIFE RE shall not be liable, the policy date and current duration of the new policy and the recapture provisions under this Agreement will be used. Following Agreement, for any claims incurred after the effective date of recapture, the Reinsurer will not be liable for any reinsured policies or portions of such reinsured policies eligible for recapture that the Ceding Company has overlooked inadvertently. If the Ceding Company transfers business that is reinsured under this Agreement to a successor ceding company, then the successor ceding company has the option to recapture the reinsurance in accordance with the recapture criteria outlined in this Article, but only if the successor ceding company has or adopts a higher maximum retention limit than that applicable to the block of business subject to recapture.
Appears in 1 contract
Sources: Yearly Renewable Term Reinsurance Agreement (Pruco Life of New Jersey Variable Appreciable Account)
Recapture. 12.1 Whenever the Ceding Company, pursuant to Article 11, increases The Company may apply an increase in its retention limits over the retention limits set forth in Exhibit A − Retention Limits of the Ceding Company, the Ceding Company has the option to recapture certain risk amounts. If the Ceding Company has maintained its stated retention for the plan and the insured's age, sex, and mortality classification on an automatic risk, or at least the lesser of its Per Life Retention Limit or [*] on a facultative risk, it may apply its increased retention limits to reduce the ceded amount of inforce reinsurance in force as follows:provided that
(a) The Ceding Company must give gives the Reinsurer ninety (90) days irrevocable written notice prior to of its intended date of recapture.
(b) The reduction of reinsurance on affected policies will become effective on the policy anniversary date immediately following the notice of election intention to recapture; however, no reduction and
b) Recapture will be effected on the next anniversary of each Reinsured Policy eligible for recapture unless agreed otherwise by both parties and with no recapture being made until a policy the Reinsured Policy has been in force for a duration of at least [*].
(c) If any reinsured policy is recaptured, all reinsured policies eligible for recapture under the provisions of this Article must be recaptured up to the Ceding Company's new retention limits period specified in a consistent manner and the Ceding Company must increase its total amount of insurance retained on each reinsured life. The Ceding Company may not revoke its election to recapture for policies becoming eligible at future anniversaries. Recapture for a policy may occur at different times because of different duration requirements under various reinsurance agreementsExhibit C-1. For a conversion or re-entry, the recapture terms of the original policy subject to will apply and the duration for the recapture period will be measured from the Reinsurer that effective date of the original policy; and
c) The Company has met maintained, from the duration requirement time the policy was issued, its full retention as set out in clause (b) aboveExhibit D, and has applied its increased Retention Limit to all categories set out in Exhibit D. In applying its increased Retention Limit to Reinsured Policies, the revised Reinsured Net Amount age and mortality rating at Risk shall the time of issue will be determined using Ceding used to determine the amount of the Company's Retained Share as if the policy were eligible for recapture from all reinsurers who have a share of the risk on that policy (or who had a share of risk on that policy prior to an earlier recapture). For a policy not yet subject to recapture from the Reinsurer because of an unattained duration requirement, Reinsured Net Amount at Risk will continue being determined using Ceding Company's Retained Share as provided for in Exhibit A as if the policy were not eligible for recapture by any of the reinsurers who have or had a share of the risk on the policyincreased retention. The amount of reinsurance eligible for recapture is will be the difference between the amount originally retained and the amount the Company would have retained had the new retention been in effect at the time of issue. The amount of reinsurance eligible for recapture will be determined based on the Net Amount reinsurance net amount at Risk risk as of the date of recapture. For a policy issued as a result of an exchange or conversionIf there is reinsurance with other reinsurers on risks eligible for recapture, the policy date reduction will be applied pro rata to the total outstanding reinsurance. Recapture is optional, but if any reinsured business is recaptured, all eligible reinsured business must be recaptured. In addition, all life risks reinsured under any other reinsurance agreement between the Reinsurer and current duration the Company which are eligible for recapture must be similarly recaptured. No reserves for the recaptured business will be paid to the Company by the Reinsurer. Any successor of the new policy and Company will have the option to recapture reinsurance in accordance with this Article, provided that the successor company has or adopts a higher Retention Limit than previously used by the Company. Effective as of the recapture provisions under this Agreement will be used. Following the effective date of recapturedate, the Reinsurer will not be liable for any reinsured policies eligible business which was overlooked. The parties' obligations for any recaptured business will be limited to those relating to events or portions of such reinsured policies eligible for circumstances arising or occurring before the recapture that the Ceding Company has overlooked inadvertentlydate. If the Ceding Company transfers business that is reinsured Upon recapture, each party will be deemed to be fully and finally released from all obligations under this Agreement to a successor ceding company, then the successor ceding company has the option to recapture the reinsurance in accordance with the recapture criteria outlined in this Article, but only if the successor ceding company has or adopts a higher maximum retention limit than that applicable respect to the block of business subject to recapturerecaptured business.
Appears in 1 contract
Sources: Reinsurance Agreement (Nationwide VLI Separate Account-7)
Recapture. 12.1 Whenever the Ceding Company, pursuant to Article 11, increases its retention limits over the retention limits set forth in Exhibit A − Retention Limits of the Ceding Company, the Ceding Company has the option to recapture certain risk amounts. If the Ceding Company has maintained its stated retention for the plan and the insured's age, sex, and mortality classification on an automatic risk, or at least the lesser of its Per Life Retention Limit or [*] on a facultative risk, it may apply its increased retention limits to reduce the amount of reinsurance in force as follows:
(a) The Ceding Company must give notify the Reinsurer in writing within ninety (90) days written notice prior to its intended of the effective date of an increase of its intent to recapture.
(b) The reduction of reinsurance on affected policies will become effective on the policy anniversary date immediately following the notice of election to recapture; however, no reduction will be made until a policy has been in force for a duration of at least [*].
(c) If any reinsured policy is recaptured, all reinsured policies eligible for recapture under the provisions of this Article must be recaptured up to the Ceding Company's new retention limits in a consistent manner and the Ceding Company must increase its total amount of insurance retained on each reinsured life. The Ceding Company may not revoke its election to recapture for policies becoming eligible at future anniversaries. For the sake of clarity, the increased retention limits used as a basis to reduce the amount of reinsurance in force may be the result of an increase in the Ceding Company's Per Life Retention, an increase to the [*] quota share retention rate outlined in Exhibit A ([*]), or both. Recapture for a policy may occur at different times because of different duration requirements under various reinsurance agreements. For a policy subject to recapture from the Reinsurer that has met the duration requirement in clause (b) above, the revised Reinsured Net Amount at Risk shall be determined using Ceding Company's Retained Share as if the policy were eligible for recapture from all reinsurers who have a share of the risk on that policy (or who had a share of risk on that policy prior to an earlier recapture). For a policy not yet subject to recapture from the Reinsurer because of an unattained duration requirement, Reinsured Net Amount at Risk will continue being determined using Ceding Company's Retained Share as provided for in Exhibit A as if the policy were not eligible for recapture by any of the reinsurers who have or had a share of the risk on the policy. The amount of reinsurance eligible for recapture is based on the Net Amount at Risk as of the date of recapture. For a policy issued as a result of an exchange or conversion, the policy date and current duration of the new policy and the recapture provisions under this Agreement will be used. 18 Following the effective date of recapture, the Reinsurer will not be liable for any reinsured policies or portions of such reinsured policies eligible for recapture that the Ceding Company has overlooked inadvertently. If the Ceding Company transfers business that is reinsured under this Agreement to a successor ceding company, then the successor ceding company has the option to recapture the reinsurance in accordance with the recapture criteria outlined in this Article, but only if the successor ceding company has or adopts a higher maximum retention limit than that applicable to the block of business subject to recapture.
Appears in 1 contract
Sources: Reinsurance Agreement (Riversource of New York Account 8)
Recapture. 12.1 Whenever the Ceding Company, pursuant to Article 11, increases its retention limits over the retention limits set forth in Exhibit A − Retention Limits of the Ceding Company, the Ceding The Company has the option to recapture certain risk amounts. If the Ceding Company has maintained its stated retention for the plan and the insured's age, sex, and mortality classification on an automatic risk, or at least the lesser of its Per Life Retention Limit or [*] on a facultative risk, it may apply its increased retention limits to reduce the amount of reinsurance in force as followsReinsured Policies provided:
(a) 8.2.1 The Ceding Company must give gives the Reinsurer ninety (90) days written notice prior of its intention to its intended recapture within 90 days of the effective date of recapture.the retention increase; and
(b) The reduction of reinsurance on affected policies will become effective 8.2.2 Such recaptures are made on the policy next anniversary date immediately following of each Reinsured Policy affected unless mutually agreed otherwise by the notice of election to recapture; however, Company and the Reinsurer and with no reduction will be recapture being made until a policy the Reinsured Policy has been in force for the period stated in Exhibit C. For a conversion or re-entry, the recapture terms of the original policy will apply and the duration for the recapture period will be measured from the effective date of the original policy; and
8.2.3 The Company has maintained from the time the policy was issued, its full retention as set out in Exhibit D for the plan and the insured's classification. Reinsured policies on a first dollar quota share basis will not be eligible for recapture; and
8.2.4 The Company has applied its increased Retention Limits in a consistent manner to all categories of its Retention Limits set out in Exhibit D unless otherwise agreed to by the Reinsurer. In applying its increased Retention Limits to Reinsured Policies, the age and mortality rating at least [*].
(c) If the time of issue will be used to determine the amount of the Company's increased retention. Recapture as provided herein is optional with the Company, but if any reinsured policy Reinsured Policy is recaptured, all reinsured policies Reinsured Policies eligible for recapture under the provisions of this Article must be recaptured up recaptured. If there is reinsurance in other companies on risks eligible for recapture, the necessary reduction is to be applied pro rata to the Ceding Company's new retention limits in a consistent manner and the Ceding Company must increase its total amount of insurance retained on each reinsured life. The Ceding Company may not revoke its election to recapture for policies becoming eligible at future anniversaries. Recapture for a policy may occur at different times because of different duration requirements under various reinsurance agreements. For a policy subject to recapture from the Reinsurer that has met the duration requirement in clause (b) above, the revised Reinsured Net Amount at Risk shall be determined using Ceding Company's Retained Share as if the policy were eligible for recapture from all reinsurers who have a share of the risk on that policy (or who had a share of risk on that policy prior to an earlier recapture). For a policy not yet subject to recapture from the Reinsurer because of an unattained duration requirement, Reinsured Net Amount at Risk will continue being determined using Ceding Company's Retained Share as provided for in Exhibit A as if the policy were not eligible for recapture by any of the reinsurers who have or had a share of the risk on the policyoutstanding reinsurance. The amount of reinsurance eligible for recapture is based on the Net Amount reinsurance net amount at Risk risk as of the date of recapture. For The Company may not revoke its election to recapture for Reinsured Policies becoming eligible at future anniversaries. No recapture of Reinsured Policies will occur if the Company has either obtained or increased stop loss reinsurance coverage as justification for the increase in retention. If there is a policy issued as a result Waiver of an exchange or conversionPremium (W.P.) claim in effect when recapture takes place, the policy date W.P. claim will stay in effect and current duration the Reinsurer will continue to pay its share of the new policy and the recapture provisions under this Agreement will be usedW.P. claim until it terminates. Following the effective date of recapture, the The Reinsurer will not be liable for any reinsured policies other benefits, including the basic life risk, which are eligible for recapture. All such eligible benefits will be recaptured as if there was no W.P. claim. The Reinsurer will not be liable, after the effective date of recapture, for any Reinsured Policies or portions of such reinsured policies Reinsured Policies eligible for recapture that the Ceding Company has overlooked inadvertentlyoverlooked. The Reinsurer will be liable only for a credit of the premiums, received after the recapture date, less any allowance. The terms and conditions for the Company to recapture in force Reinsured Policies due to the insolvency of the Reinsurer are set out in the Insolvency clause in Article 11. If the Ceding Company transfers business that which is reinsured under this Agreement to a successor ceding company, then the successor ceding company has the option to recapture the reinsurance reinsurance, in accordance with the recapture criteria outlined in this Article, but only if the successor ceding company has or adopts a higher maximum retention limit than that applicable to the block of business subject to recaptureCompany.
Appears in 1 contract
Sources: Reinsurance Agreement (Nationwide Vli Separate Account 6)
Recapture. 12.1 Whenever (a) Following the initial (or subsequent) occurrence of a Recapture Triggering Event but only if such Recapture Triggering Event is still continuing, the Ceding CompanyCompany shall have the right (but not the obligation), for a period of [***] following the occurrence of such Recapture Triggering Event (which period may be extended for [***] if a replacement for the Reinsurer has been identified and mutually agreed by the Ceding Company and the Retrocessionaire) or during a court-ordered stay in an Insolvency Event on the part of the Reinsurer, whichever is longer (the “Recapture Exercise Period”), to recapture all, and not less than all, of the reinsurance ceded under this Agreement, by providing the Reinsurer with written notice of its intent to effect recapture and the specific clause in the definition of “Recapture Triggering Event” pursuant to Article 11which the Ceding Company is electing to recapture. In addition, increases its retention limits over following the retention limits occurrence of a Recapture Triggering Event that constitutes a Retrocessionaire Caused Event, Part B of Schedule I shall apply. Subject to Schedule I, recapture of the Reinsured Policies shall be effective on the tenth (10th) Business Day following the day on which the Ceding Company has provided the Reinsurer with such notice or such later day as set forth in Exhibit A − Retention Limits the Ceding Company recapture notice (the “Recapture Date”); provided, however, that if the recapture is due to an Insolvency Event, the Recapture Date may be the date of delivery of the recapture notice or if the recapture is due to a Reserve Credit Event, the Ceding Company may specify a Recapture Date that is less than ten (10) Business Days following the delivery of the recapture notice to the extent required to effectuate the recapture prior to any loss by the Ceding Company of any statutory financial statement credit for the reinsurance provided by this Agreement, it being understood that any such changes to the Recapture Date and such procedures shall not affect the right of Reinsurer to subsequently dispute any calculation related to such recapture consistent with this Article VII. For the avoidance of doubt, with respect to any Recapture Triggering Event (i) that is subject to cure hereunder, in the event such Recapture Triggering Event is cured and such Recapture Triggering Event is subsequently retriggered or (ii) for which the Recapture Exercise Period has expired and such Recapture Triggering Event is subsequently retriggered, the Ceding Company shall have another right to recapture the reinsurance ceded hereunder pursuant to this Section 7.3. Without prejudice as to any obligations, rights or remedies of any Party under any other Transaction Agreement, upon a recapture by the Ceding Company, the Ceding Company has shall recapture all Liabilities arising under or resulting from the option to recapture certain risk amounts. If Reinsured Policies, other than the Ceding Company has maintained its stated retention for the plan Reinsurer Extra-Contractual Obligations and the insured's age, sex, and mortality classification on an automatic risk, or at least the lesser of its Per Life Retention Limit or [*] on a facultative risk, it may apply its increased retention limits to reduce the amount of reinsurance in force as follows:
(a) The Ceding Company must give the Reinsurer ninety (90) days written notice prior to its intended date of recaptureRetrocessionaire Extra-Contractual Obligations.
(b) The reduction Following a recapture pursuant to Section 7.3(a), subject to the satisfaction of reinsurance on affected policies will become effective on payment obligations described in Section 7.4 and the policy anniversary date immediately following other obligations set forth in Schedule I, the notice of election to recapture; however, no reduction Parties will be made until fully and finally released from all rights and obligations under this Agreement in respect of the Reinsured Policies other than with respect to Reinsurer Extra-Contractual Obligations (in the case of the Reinsurer) and the Retrocessionaire Extra-Contractual Obligations (in the case of the Retrocessionaire) and other than the obligations under the provisions that expressly survive termination as provided in Section 7.2. Notwithstanding the foregoing, a policy has been in force for a duration recapture pursuant to this Section 7.3 will not affect unpaid obligations or Liabilities due and owing under any of at least [*]the Transaction Agreements.
(c) If any reinsured policy is recaptured, all reinsured policies eligible for recapture under Notwithstanding the provisions of remedies contemplated by this Article must be recaptured up to VII or the Ceding Company's new retention limits in a consistent manner and other Transaction Agreements, the Ceding Company must increase may, in its total amount of insurance retained on each reinsured life. The Ceding Company may not revoke its election to recapture for policies becoming eligible at future anniversaries. Recapture for a policy may occur at different times because of different duration requirements under various reinsurance agreements. For a policy subject to recapture from sole discretion, require direct payment by the Reinsurer that has met the duration requirement of any sum in clause (b) above, the revised Reinsured Net Amount at Risk shall be determined using Ceding Company's Retained Share as if the policy were eligible for recapture from all reinsurers who have a share of the risk on that policy (or who had a share of risk on that policy prior to an earlier recapture). For a policy not yet subject to recapture from the Reinsurer because of an unattained duration requirement, Reinsured Net Amount at Risk will continue being determined using Ceding Company's Retained Share as provided for in Exhibit A as if the policy were not eligible for recapture by any of the reinsurers who have or had a share of the risk on the policy. The amount of reinsurance eligible for recapture is based on the Net Amount at Risk as of the date of recapture. For a policy issued as a result of an exchange or conversion, the policy date and current duration of the new policy and the recapture provisions default under this Agreement will be used. Following or any other Transaction Agreement in lieu of exercising the effective date of recapture, the Reinsurer will remedies in Article VII and it shall not be liable for a defense to any reinsured policies or portions of such reinsured policies eligible for recapture claim that the Ceding Company has overlooked inadvertently. If the Ceding Company transfers business that is reinsured under this Agreement to a successor ceding company, then the successor ceding company has the option to recapture the reinsurance in accordance with the recapture criteria outlined in this Article, but only if the successor ceding company has or adopts a higher maximum retention limit than that applicable to the block of business subject to recapturesuch Party might have had other recourse.
Appears in 1 contract
Sources: Coinsurance Agreement (Unum Group)