Common use of Recapture Clause in Contracts

Recapture. 1) Whenever the Company increases its maximum retention limits over the maximum retention limits set forth in Exhibit A, the Company has the option to recapture certain risk amounts. The amount eligible for recapture will be the difference between the amount originally retained and the amount the company would have retained on the same quota share basis had the new maximum retention limits been in effect at the time of issue. a. The Company must give the Reinsurer ninety (90) days written notice prior to its intended date of 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 prior to the policy anniversary specified in Exhibit 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 Company's new maximum retention limits in a consistent manner and the Company must increase its total amount of insurance on each reinsured life. The Company may not revoke its election to recapture for policies becoming eligible at future anniversaries. If portions of the reinsured policy have been ceded to more than one reinsurer, the 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 new maximum dollar retention limits had been in effect at the time of issue. The amount of reinsurance eligible for recapture is based on the current amount at risk as of the date of recapture. 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 Company has overlooked. END OF ARTICLE IX

Appears in 2 contracts

Sources: Reinsurance Agreement (Nationwide Vli Separate Account 4), Reinsurance Agreement (Nationwide VLI Separate Account-7)

Recapture. 1) Whenever If the Ceding Company increases its maximum retention limits over the maximum retention limits set forth Maximum Dollar Retention Limits listed in Exhibit Section 3 of Schedule A, then it may, with 90 days’ written notice to the Company has Reinsurer, reduce or recapture the option reinsurance in force subject to recapture certain risk amounts. The amount the following requirements: 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 effective date of the reduction in reinsurance will be the difference between the amount originally retained and the amount the company would have retained on the same quota share basis had the new maximum retention limits been in effect at the time of issue. a. The Company must give the Reinsurer ninety (90) days written notice prior to its intended date later of the commencement first policy anniversary following the expiration of recapture. b. The reduction of reinsurance on affected policies will become effective on 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 prior to the policy anniversary specified in Exhibit C.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 Company's new maximum 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 Company must increase its total amount of insurance 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. If portions . v. Recapture of reinsurance will not be allowed on any policy for which the reinsured policy have been ceded to 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 new maximum dollar retention limits had been in effect did not keep its Maximum Dollar Retention Limit at the time of issue. The amount Ceding Company’s Maximum Dollar Retention Limits are stated in Section 3 of reinsurance Schedule A. vi. If any policy eligible for recapture is based also eligible for recapture from other reinsurers, the reduction in the Reinsurer’s reinsurance on that policy will be in proportion to the total amount of reinsurance on the current amount at risk as of the date of recapturelife with all reinsurers. vii. After 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 Company Reinsurer. The Reinsurer maintains the discretion to determine when anti-selection has overlooked. END OF ARTICLE IXoccurred.

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. 1) 12.1 Whenever the Company Ceding Company, pursuant to Article 11, increases its maximum retention limits over the maximum retention limits set forth in Exhibit AA − Retention Limits of the Ceding Company, the Ceding Company has the option to recapture certain risk amounts. The amount eligible If the Ceding Company has maintained its stated retention for recapture will be the difference between 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 originally retained and the amount the company would have retained on the same quota share basis had the new maximum retention limits been of reinsurance in effect at the time of issue.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 prior to the until a policy anniversary specified has been in Exhibit C.force for a duration of at least [*]. 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. If portions For the sake of the reinsured policy have been ceded to more than one reinsurerclarity, the Company must allocate the reduction in reinsurance so that increased retention limits used as a basis to reduce the amount reinsured by each reinsurer after of reinsurance in force may be the reduction is proportionately result of an increase in the same 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 new maximum dollar retention limits policy were eligible for recapture from all reinsurers who have a share of the risk on that policy (or who had been 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 effect at Exhibit A as if the time policy were not eligible for recapture by any of issuethe reinsurers who have or had a share of the risk on the policy. The amount of reinsurance eligible for recapture is based on the current amount Net Amount at risk Risk as of the date of recapture. After 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. END OF ARTICLE IXIf 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. 1) 12.1 Whenever the Company Ceding Company, pursuant to Article 11, increases its maximum retention limits over the maximum retention limits set forth in Exhibit AA − Retention Limits of the Ceding Company, the Ceding Company has the option to recapture certain risk amounts. The amount eligible If the Ceding Company has maintained its stated retention for recapture will be the difference between 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 originally retained and the amount the company would have retained on the same quota share basis had the new maximum retention limits been of reinsurance in effect at the time of issue.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 prior to the until a policy anniversary specified has been in Exhibit C.force for a duration of at least [*]. 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. If portions 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 reinsured policy have been ceded to more than one reinsurerReinsurer that has met the duration requirement in clause (b) above, the Company must allocate the reduction in reinsurance so that the amount reinsured by each reinsurer after the reduction is proportionately the same revised Reinsured Net Amount at Risk shall be determined using Ceding Company's Retained Share as if the new maximum dollar retention limits policy were eligible for recapture from all reinsurers who have a share of the risk on that policy (or who had been 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 effect at Exhibit A as if the time policy were not eligible for recapture by any of issuethe reinsurers who have or had a share of the risk on the policy. The amount of reinsurance eligible for recapture is based on the current amount Net Amount at risk Risk as of the date of recapture. After 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 overlookedoverlooked inadvertently. END OF ARTICLE IXIf 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. 1) Whenever If the Ceding Company increases its maximum retention limits over the maximum retention limits set forth Maximum Dollar Retention Limits listed in Exhibit Section 3 of Schedule A, then it may, with 90 days' written notice to the Company has Reinsurer, reduce or recapture the option reinsurance in force subject to recapture certain risk amounts. The amount the following requirements: 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 effective date of the reduction in reinsurance will be the difference between the amount originally retained and the amount the company would have retained on the same quota share basis had the new maximum retention limits been in effect at the time of issue. a. The Company must give the Reinsurer ninety (90) days written notice prior to its intended date later of the commencement first policy anniversary following the expiration of recapture. b. The reduction of reinsurance on affected policies will become effective on 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 prior to the policy anniversary specified in Exhibit C.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 Company's new maximum 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 Company must increase its total amount of insurance 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. If portions . v. Recapture of reinsurance will not be allowed on any policy for which the reinsured policy have been ceded to 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 new maximum dollar retention limits had been in effect did not keep its Maximum Dollar Retention Limit at the time of issue. The amount Ceding Company's Maximum Dollar Retention Limits are stated in Section 3 of reinsurance Schedule A. vi. If any policy eligible for recapture is based also eligible for recapture from other reinsurers, the reduction in the Reinsurer's reinsurance on that policy will be in proportion to the total amount of reinsurance on the current amount at risk as of the date of recapturelife with all reinsurers. vii. After 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 Company Reinsurer. The Reinsurer maintains the discretion to determine when anti-selection has overlookedoccurred. END OF ARTICLE IXSaid determination will be made in a fair an equitable manner.

Appears in 2 contracts

Sources: Reinsurance Agreement (Jnlny Separate Account Iv), Reinsurance Agreement (Jackson National Separate Account Iv)

Recapture. 1) Whenever the The Company increases may apply its maximum increased retention limits over to reduce the maximum benefit amount of in force Reinsured Policies provided: 7.2.1 The Company gives the Reinsurer written notice of its intention to recapture within 90 days of the effective date of the retention limits set forth increase; and 7.2.2 Such recaptures are made on the next anniversary of each Reinsured Policy affected and with no recapture being made until the Reinsured Policy has been in force for the period stated in Exhibit AC. 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 option to recapture certain risk amounts. The amount eligible time the policy was issued, its full retention as set out in Exhibit D for recapture will be the difference between the amount originally retained plan and the amount the company would have retained insured's classification. Reinsured policies on the same a first dollar quota share basis had 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 new maximum retention limits been in effect Reinsurer. In applying its increased Retention Limits to Reinsured Policies, the age and mortality rating at the time of issue. a. The Company must give issue will be used to determine the Reinsurer ninety (90) days written notice prior to its intended date amount of the commencement of recapture. b. The reduction of reinsurance on affected policies will become effective on Company's increased retention. Recapture as provided herein is optional with the policy anniversary date immediately following the notice of election to recapture; howeverCompany, no reduction will be made prior to the policy anniversary specified in Exhibit C. 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 to the Company's new maximum retention limits in a consistent manner and the Company must increase its total amount of insurance on each reinsured life. The Company may not revoke its election to recapture for policies becoming eligible at future anniversariesrecaptured. If portions of the reinsured policy have been ceded to more than one reinsurer, the Company must allocate the reduction there is reinsurance in reinsurance so that the amount reinsured by each reinsurer after the reduction is proportionately the same as if the new maximum dollar retention limits had been in effect at the time of issue. The amount of reinsurance other companies on risks eligible for recapture is based on the current amount at risk as of the date of recapture. After 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 applied pro rata to the Company has overlooked. END OF ARTICLE IXtotal 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. 1) Whenever the The Company increases may apply its maximum increased retention limits over to reduce the maximum benefit amount of in force Reinsured Policies provided: 7.2.1 The Company gives the Reinsurer written notice of its intention to recapture with 90 days of the effective date of the retention limits set forth increase; and 7.2.2 Such recaptures are made on the next anniversary of each Reinsured Policy a affected and with no recapture being made until the Reinsured Policy has been in force for the period stated in Exhibit AC. 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 option to recapture certain risk amounts. The amount eligible time the policy was issued, its full retention as set out in Exhibit D for recapture will be the difference between the amount originally retained plan and the amount the company would have retained insured's classification. Reinsured policies on the same a first dollar quota share basis had 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 new maximum retention limits been in effect Reinsurer. In applying its increased Retention Limits to Reinsured Policies, the age and mortality rating at the time of issue. a. The Company must give issue will be used to determine the Reinsurer ninety (90) days written notice prior to its intended date amount of the commencement of recapture. b. The reduction of reinsurance on affected policies will become effective on Company's increased retention. Recapture as provided herein is optional with the policy anniversary date immediately following the notice of election to recapture; howeverCompany, no reduction will be made prior to the policy anniversary specified in Exhibit C. c. If 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 Company's new maximum retention limits in a consistent manner and the Company must increase its total amount of insurance on each reinsured life. The Company may not revoke its election to recapture for policies becoming eligible at future anniversaries. If portions of the reinsured policy have been ceded to more than one reinsurer, the 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 new maximum dollar retention limits had been in effect at the time of issueoutstanding reinsurance. The amount of reinsurance eligible for recapture is based on the current reinsurance net amount at risk as of the date of recapture. After The Company may not recapture reinsurance if the effective date Company his either obtained or increased stop loss reinsurance coverage as justification for the increase in retention. If there is a Waiver of recapturePremium (W.P.) claim in effect when recapture takes place, the W.P. claim will stay in effect until W.P. claim terminates. 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 Company has overlooked. END OF ARTICLE IXThe 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 Company transfers business which is reinsured under this Agreement to successor company, then the successor company has the option to recapture the reinsurance, in accordance with the recapture criteria outlined in this Article, only if the successor company has a higher retention limit than the Company.

Appears in 2 contracts

Sources: Reinsurance Agreement (Llac Variable Account), Reinsurance Agreement (Llac Variable Account)

Recapture. 1The Company may apply an increase in its Retention Limit to reduce the ceded amount of inforce reinsurance provided that: a) Whenever The Company gives the Company increases Reinsurer irrevocable written notice of its maximum retention limits over intention to recapture; and b) Recapture will be effected on the maximum retention limits set forth next anniversary of each Reinsured Policy eligible for recapture unless agreed otherwise by both parties and with no recapture being made until the Reinsured Policy has been in force for the period specified in Exhibit AC-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 the original policy; and c) The Company has maintained, from the option time the policy was issued, its full retention as set out in Exhibit D, and has applied its increased Retention Limit to recapture certain risk amountsall 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. The amount of reinsurance eligible for recapture will be the difference between the amount originally retained and the amount the company Company would have retained on the same quota share basis had the new maximum retention limits been in effect at the time of issue. a. The Company must give the Reinsurer ninety (90) days written notice prior to its intended date of 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 prior to the policy anniversary specified in Exhibit 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 Company's new maximum retention limits in a consistent manner and the Company must increase its total amount of insurance on each reinsured life. The Company may not revoke its election to recapture for policies becoming eligible at future anniversaries. If portions of the reinsured policy have been ceded to more than one reinsurer, the 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 new maximum dollar retention limits had been in effect at the time of issue. The amount of reinsurance eligible for recapture is will be determined based on the current reinsurance net amount at risk as of the date of recapture. After If there is reinsurance with other reinsurers on risks eligible for recapture, the effective 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 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 recapturethe 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 date, the Reinsurer will not be liable for any reinsured policies or portions of such reinsured policies eligible for recapture that the Company has business which was overlooked. END OF ARTICLE IXThe parties’ obligations for any recaptured business will be limited to those relating to events or circumstances arising or occurring before the recapture date. Upon recapture, each party will be deemed to be fully and finally released from all obligations under this Agreement with respect to the recaptured business.

Appears in 2 contracts

Sources: Reinsurance Agreement (Nationwide VL Separate Account-G), Reinsurance Agreement (Nationwide VL Separate Account-G)

Recapture. 1Reinsured policies will not be eligible for recapture due solely to an increase in the Company’s quota share percentage retained. The Company may apply an increase in its Retention Limit to reduce the ceded amount of inforce reinsurance ceded on an automatic basis provided, however, that: a) Whenever The Company gives the Company increases Reinsurer an irrevocable written notice of its maximum retention limits over intention to recapture; and b) Recapture will be effected on the maximum retention limits set forth next anniversary of each Reinsured Policy eligible for recapture unless agreed otherwise by both parties and with no recapture being made until the Reinsured Policy has been in force for the period specifi ed in Exhibit AC-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 the original policy; and c) The Company has maintained, from the option time the policy was issued, its quota share retention as set out in Exhibit D, and has applied its increased Retention Limit to recapture certain risk amountsall 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. The amount of reinsurance eligible for recapture will be the difference between the amount originally retained and the amount the company Company would have retained on the same quota share basis had the new maximum retention limits been in effect at the time of issue. a. The Company must give the Reinsurer ninety (90) days written notice prior to its intended date of 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 prior to the policy anniversary specified in Exhibit 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 Company's new maximum retention limits in a consistent manner and the Company must increase its total amount of insurance on each reinsured life. The Company may not revoke its election to recapture for policies becoming eligible at future anniversaries. If portions of the reinsured policy have been ceded to more than one reinsurer, the 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 new maximum dollar retention limits had been in effect at the time of issue. The amount of 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 is based on must be similarly recaptured. No reserves for the current amount at risk 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. After the effective date of recapturerecapture date, the Reinsurer will not be liable liab le for any reinsured policies or portions of such reinsured policies eligible for recapture that the Company has eligi ble business which was overlooked. END OF ARTICLE IXThe parties’ obliga tions for any recaptured business will be limited to those relating to events or cir cumstances arising or occurring before the recapture date, including payment of the termination settlement amount. Upon recapture, each party will be deemed to be fully and finally released from all obligations under this Agreement with respect to the 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. 1) 12.1 Whenever the Ceding Company increases its maximum retention limits over the maximum retention limits set forth in Exhibit AA - Retention Limits of the Ceding Company, the Ceding Company has the option to recapture certain risk amounts. The amount eligible If the Ceding Company has maintained its maximum stated retention (not a special retention limit) for recapture will be the difference between plan and the insured's age, sex, and mortality classification, it may apply its increased retention limits to reduce the amount originally retained and the amount the company would have retained on the same quota share basis had the new maximum retention limits been of reinsurance in effect at the time of issue.force as follows: a. (a) The Ceding Company must give the Reinsurer ninety (90) 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 prior to the until a policy anniversary specified has been in Exhibit C.force for at least [number] 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 new maximum retention limits in a consistent manner and the Ceding Company must increase its total amount of insurance on each reinsured life. The Ceding Company may not revoke its election to recapture for policies becoming eligible at future anniversaries. If portions of the reinsured policy have been ceded to more than one reinsurer, the Ceding Company must allocate the reduction in reinsurance among all the reinsurers so that the amount reinsured by each reinsurer after relationship of the reduction is proportionately total reinsurance among the same as if reinsurers in any given layer does not change due to the new maximum dollar retention limits had been in effect at the time of issuerecapture. The amount of reinsurance eligible for recapture is based on the current net amount at risk as of the date of recapture. For a policy issued as a result of a fully-underwritten exchange, the policy date and the current duration of the new policy and the recapture provisions under this Agreement will be used. 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. END OF ARTICLE IXIf 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 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. 1) Whenever the Company increases its maximum . The retention limits over of Lutheran Brotherhood are shown in the maximum attached exhibit if applicable. Lutheran Brotherhood shall notify Minnesota Mutual of any subsequent changes to these limits by giving 30 days prior written notice. 2. If Lutheran Brotherhood increases any of its retention limits set forth in Exhibit A, the Company has the option to recapture certain risk amounts. The amount eligible for recapture will be the difference between the amount originally retained and the amount the company would have retained on the same quota share basis had the new maximum retention limits been in effect at the time of issue. a. The Company must give the Reinsurer ninety (90) days written notice prior to its intended date any of the commencement of recapture. b. The reduction of reinsurance on affected policies will become effective on business described in the policy anniversary date immediately following the notice of election Exhibit, Lutheran Brotherhood shall, subject to recapture; however, no reduction will be made prior to the policy anniversary specified in Exhibit C. c. If any reinsured policy is recaptured, all reinsured policies eligible for recapture under the provisions of Article XXII regarding the termination of this Article must be recaptured up Agreement, have the option of making corresponding reductions in the in force reinsurance. Such reductions shall only apply to the Company's new reinsurance on those lives on which Lutheran Brotherhood retained its maximum retention limits in a consistent manner and the Company must increase its total amount of insurance on each reinsured life. The Company may not revoke its election to recapture for policies becoming eligible at future anniversaries. If portions of the reinsured policy have been ceded to more than one reinsurer, the Company must allocate the reduction in reinsurance so limit that the amount reinsured by each reinsurer after the reduction is proportionately the same as if the new maximum dollar retention limits had been in effect at the time the policy was, or the policies were, issued. No reduction, however, shall be made in any reinsurance until it has been in force under this Agreement for at least the number of issueyears specified in the relevant Exhibit. 3. The amount If Lutheran Brotherhood elects to exercise its option to reduce the eligible existing reinsurance under this Agreement and written notice thereof is given to Minnesota Mutual within ninety (90) days of reinsurance eligible for recapture is based on the current amount at risk as of the date of recapture. After the effective date of the increase in its retention limits, then upon the anniversary date of each such reinsured policy next following the later of (a) the effective date of the increase in retention limits and (b) the end of the duration, as specified in Section 2 of this Article, that the reinsurance shall, as a precedence for such reduction, have remained in force under this Agreement, the risk amounts reinsured shall, unless otherwise precluded by similar recapture procedures being applied to prior risks on the same life, be reduced. The reduction shall be for such amounts in each case as shall be required to increase the total risk amounts to be retained by Lutheran Brotherhood to its new maximum limits. If any reinsurance be so reduced, all in force reinsurance under this Agreement which is eligible for recapture, as provided in this Article, shall be similarly reduced. If Lutheran Brotherhood’s excess risks under any policy have been reinsured with more than one reinsurer, the Reinsurer will not reduction in the reinsurance with Minnesota Mutual shall be liable for any that proportion of the total indicated reduction which the respective risk amounts reinsured policies or portions with Minnesota Mutual bear to the respective total risk amounts reinsured by Lutheran Brotherhood on such risk. 4. If, at the time of such reinsured policies recapture in accordance with the terms of this Article, the risk is an active claim for disability waiver of premium benefits, the life risk portion of the reinsurance under this Agreement shall be considered eligible for recapture and reduced accordingly. However, subject to the continued timely payments of the reinsurance premiums for the disability waiver of premium benefit risk as specified in Article X, the reinsurance under this Agreement for the associated disability waiver of premium benefit risk shall remain in full force and the liability of Minnesota Mutual on such reinsurance shall continue without reduction, to the extent specified in Section 2 of Article XIII, until the individual insured recovers and the policy is returned to a regular premium paying status, at which time that portion of such reinsurance which corresponds to the Company has overlookedprior reduction in the reinsurance for the associated life insurance risk shall be recaptured by Lutheran Brotherhood. 5. END OF ARTICLE IXThe execution or contemplation of execution by Lutheran Brotherhood of an excess of loss agreement shall in no way serve to reduce any inforce reinsurance under this Agreement. 6. Whenever the amount at risk on the life risk portion of any existing reinsurance under this Agreement which does not include any associated accidental death benefit risk reduces to an amount equal to, or less than, the Trivial Limit specified in the relevant Exhibit, such reinsurance shall be wholly recaptured by Lutheran Brotherhood with effect from the date on which said amount at risk reduces to such level. If such recapture is effective between the anniversary dates of the policy, a pro-rata adjustment on all premium and any applicable commission or allowance items shall be taken into account from the effective date of the recapture to the next anniversary date. 7. For recaptures, in accordance with the terms of this Article, of all or any portions of the risks on reinsurance effected on the Coinsurance and Modified Coinsurance plans of Reinsurance, adjustments shall, unless otherwise specified in the relevant Exhibit, be taken into account for the appropriate share of any dividends, policy values and reserves applicable.

Appears in 2 contracts

Sources: Reinsurance Agreement (Tlic Variable Insurance Account A), Reinsurance Agreement (Thrivent Variable Insurance Account A)

Recapture. 1) Whenever the The Ceding Company increases may increase its maximum retention limits over the maximum retention limits set forth in Exhibit AI and therefore "Recapture" a portion of the reinsured risk if the following conditions have been met. 1. Reinsured Polices are not eligible for Recapture until the end of thirty (30) years, the Company has the option to recapture certain risk amountsmeasured from each such Reinsured Policy's effective date. 2. The amount eligible for recapture will be the difference between the amount originally retained and the amount the company would have retained on the same quota share basis had the new maximum retention limits been in effect at the time of issue. 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 prior to the policy anniversary specified in Exhibit C.. 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 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. If portions this Agreement utilizes a "quota share" method of allocating the reinsured risk and the Ceding Company recaptures a portion of the reinsured policy have been risk, it must apply the same percentage ceded to more than one reinsurer, the Company must allocate the reduction in reinsurance so that each reinsurer when determining the amount reinsured by each reinsurer after the reduction is proportionately the same as if the new maximum dollar retention limits had been in effect at the time of issue. The amount of reinsurance eligible for recapture is based on the current amount at risk as of the date of recapture. After the effective date of recapture, the Reinsurer will not to be liable for any reinsured policies or portions of such reinsured policies eligible for recapture that the Company has overlooked. END OF ARTICLE IXrecaptured.

Appears in 2 contracts

Sources: Reinsurance Agreement (Jackson National Separate Account Iv), Reinsurance Agreement (Jackson National Separate Account Iv)

Recapture. 1The Company may apply an increase in its Retention Limit to reduce the ceded amount of inforce reinsurance provided, however, that: a) Whenever The Company gives the Company increases Reinsurer an irrevocable written notice of its maximum retention limits over intention to recapture within one year after the maximum retention limits set forth effective date of the increase in its Retention Limit; 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 the Reinsured Policy has been in force for the period specified in Exhibit AC-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 the original policy; and c) The Company has maintained, from the time the policy was issued, its quota share retention as set out in Exhibit D, and has applied its increased Retention Limit to all categories set out in Exhibit D; and d) Other than as respects catastrophe or financial reinsurance arrangements, the Company will retain all recaptured risks. No recapture will occur if the Company has either obtained or increased stop loss reinsurance coverage as justification for the option increase in retention. In applying its increased Retention Limit to recapture certain risk amountsReinsured Policies, the age and mortality rating at the time of issue will be used to determine the amount of the Company’s increased retention. The amount of reinsurance eligible for recapture will be the difference between the amount originally retained and the amount the company Company would have retained on the same quota share basis had the new maximum retention limits been in effect at the time of issue. a. The Company must give the Reinsurer ninety (90) days written notice prior to its intended date of 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 prior to the policy anniversary specified in Exhibit 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 Company's new maximum retention limits in a consistent manner and the Company must increase its total amount of insurance on each reinsured life. The Company may not revoke its election to recapture for policies becoming eligible at future anniversaries. If portions of the reinsured policy have been ceded to more than one reinsurer, the 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 new maximum dollar retention limits had been in effect at the time of issue. The amount of 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 is based on must be similarly recaptured. Any successor of the current amount at risk 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. After the effective date of recapturerecapture date, the Reinsurer will not be liable for any reinsured policies or portions of such reinsured policies eligible for recapture that the Company has business which was overlooked. END OF ARTICLE IXThe parties’ obligations for any recaptured business will be limited to those relating to events or circumstances arising or occurring before the recapture date, including payment of the termination settlement amount. Upon payment of the termination settlement amount, each party will be deemed to be fully and finally released from all obligations under this Agreement with respect to the recaptured business.

Appears in 2 contracts

Sources: Reinsurance Agreement, Reinsurance Agreement (Thrivent Variable Life Account I)

Recapture. Reinsured policies will not be eligible for recapture due solely to an increase in the Company’s quota share percentage retained. The Company may recapture if: 1) Whenever the . The Company increases its maximum Retention Limit to reduce the amount of in force reinsurance ceded on an automatic basis provided, however, that: a) No recapture is made until the Reinsured Policy has been in force through the end of the level premium period. For a conversion, 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 I2526854US-24 (01-01-2025) (QT27458US24) 14 b) Recapture will be effected on the next anniversary of each Reinsured Policy eligible for recapture unless agreed otherwise by both parties; and c) The Company gives the Reinsurer 30 days irrevocable written notice of its intention to recapture; and d) The Company has maintained, from the time the policy was issued, its quota share retention limits over the maximum retention limits as set forth out in Exhibit AD, the Company and has the option applied its increased Retention Limit to recapture certain risk amounts. all categories set out in Exhibit D. The amount of reinsurance eligible for recapture will be the difference between the amount originally retained and the amount the company Company would have retained on the same quota share basis had the new maximum retention limits been in effect at the time of issue. a. The Company must give the Reinsurer ninety (90) days written notice prior to its intended date of 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 prior to the policy anniversary specified in Exhibit 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 Company's new maximum retention limits in a consistent manner and the Company must increase its total amount of insurance on each reinsured life. The Company may not revoke its election to recapture for policies becoming eligible at future anniversaries. If portions of the reinsured policy have been ceded to more than one reinsurer, the 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 new maximum dollar retention limits had been in effect at the time of issue. The If there is reinsurance with other reinsurers on risks eligible for recapture, the reduction will be applied pro rata to the total outstanding reinsurance. 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. Recapture is optional, but if any reinsured business is recaptured, all business eligible must be recaptured in a consistent manner. 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 is based on must be similarly recaptured. No reserves for the current recaptured business will be paid to the Company by the Reinsurer. The parties’ obligations for any recaptured business will be limited to those relating to events or circumstances arising or occurring before the recapture date. If a cession eligible for recapture has been overlooked by the Company, the liability of the Reinsurer will be limited to the refund of the amount at risk as of premiums accepted by the Reinsurer after the date of recapture, less allowances or claims paid, if any. 2. After The Reinsurer does one of the effective date following, regardless of the Reinsured Policies’ duration in force: a) Increases its reinsurance premium rates on any block of in force business under this agreement on which the Company has not raised its retail premiums or cost of insurance charges; or b) Increases its reinsurance premium rates on any block of in force business by an amount greater than the corresponding increase made by the Company to its retail premiums or cost of insurance charges. If the Company elects to recapture, it must notify the Reinsurer of its intention to do so before the rate increase takes effect. The recapture will be effective on the next anniversary of each Reinsured Policy eligible for recapture unless agreed otherwise by both parties. Upon recapture pursuant to this provision, unearned premiums, net of outstanding balances, will be paid by the party with the positive balance. The Company shall not be liable for any reinsured policies or portions a fee to recapture reinsurance on a contractual recapture as specified above. Recapture will be effected by way of such reinsured policies eligible for recapture that the Company has overlookednot remitting applicable premiums. END OF ARTICLE IXI2526854US-24 (01-01-2025) (QT27458US24) 15

Appears in 2 contracts

Sources: Reinsurance Agreement (Thrivent Variable Life Account I), Reinsurance Agreement (Thrivent Variable Life Account I)

Recapture. The Company may recapture if: 1) Whenever the . The Company increases its maximum Retention Limit to reduce the amount of in force reinsurance ceded on an automatic basis provided, however, that: a) No recapture is made until the Reinsured Policy has been in force through the end of the level premium period. For a conversion, 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 b) Recapture will be effected on the next anniversary of each Reinsured Policy eligible for recapture unless agreed otherwise by both parties; and Treaty #100176 Confidential (C3) 14 Execution Copy_7_16_2025 c) The Company gives the Reinsurer 30 days written notice of its intention to recapture; and d) The Company has maintained, from the time the policy was issued, its quota share retention limits over the maximum retention limits as set forth out in Exhibit A, the Company has the option to recapture certain risk amounts. D. The amount of reinsurance eligible for recapture will be the difference between the amount originally retained and the amount the company Company would have retained on the same quota share basis had the new maximum retention limits been in effect at the time of issue. a. The Company must give the Reinsurer ninety (90) days written notice prior to its intended date of 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 prior to the policy anniversary specified in Exhibit 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 Company's new maximum retention limits in a consistent manner and the Company must increase its total amount of insurance on each reinsured life. The Company may not revoke its election to recapture for policies becoming eligible at future anniversaries. If portions of the reinsured policy have been ceded to more than one reinsurer, the 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 new maximum dollar retention limits had been in effect at the time of issue. The If there is reinsurance with other reinsurers on risks eligible for recapture, the reduction will be applied pro rata to the total outstanding reinsurance. 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 reinsurance the Company’s increased retention. Recapture is optional, but if any reinsured business is recaptured, all business eligible must be recaptured in a consistent manner. The parties’ obligations for any recaptured business will be limited to those relating to events or circumstances arising or occurring before the recapture date. If a cession eligible for recapture is based on has been overlooked by the current Company, the liability of the Reinsurer will be limited to the refund of the amount at risk as of premiums accepted by the Reinsurer after the date of recapture, less allowances or claims paid, if any. After No recapture will be permitted if the effective date Company has either obtained or increased stop loss reinsurance coverage as justification for the increase in its Retention Limit. 2. The Reinsurer does one of the following, regardless of the Reinsured Policies’ duration in force: a) Increases its reinsurance premium rates on any block of in force business under this agreement on which the Company has not raised its retail premiums or cost of insurance charges; or b) Increases its reinsurance premium rates on any block of in force business by an amount greater than the corresponding increase made by the Company to its retail premiums or cost of insurance charges. If the Company elects to recapture, it must notify the Reinsurer of its intention to do so before the rate increase takes effect. The recapture will be effective on the next anniversary of each Reinsured Policy eligible for recapture unless agreed otherwise by both parties. Upon recapture pursuant to this provision, unearned premiums, net of outstanding balances, will be paid by the party with the positive balance. The Company shall not be liable for any reinsured policies or portions a fee to recapture reinsurance. Recapture will be effected by way of such reinsured policies eligible for recapture that the Company has overlookednot remitting applicable premiums. END OF ARTICLE IXTreaty #100176 Confidential (C3) 15 Execution Copy_7_16_2025

Appears in 2 contracts

Sources: Reinsurance Agreement (Thrivent Variable Life Account I), Reinsurance Agreement (Thrivent Variable Life Account I)

Recapture. 1) Whenever . If the Company CEDING COMPANY increases its maximum regular retention limits over the maximum retention limits set forth in Exhibit Alimits, the Company it has the option to recapture certain risk amounts. The amount eligible for recapture will be the difference between the amount originally retained and the amount the company would have retained on the same quota share basis had the new maximum retention limits been in effect at the time of issue.reducing reinsurance under this Agreement, provided it: a. The Company must give applies the Reinsurer increase in retention in a consistent manner to all categories of its regular retention limits; b. notifies the REINSURER in writing of its intention to start the recapture process within ninety (90) days written notice prior to its intended date of 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 prior to the policy anniversary specified in Exhibit 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 Company's new maximum retention limits in a consistent manner and the Company must increase its total amount of insurance on each reinsured life. The Company may not revoke its election to recapture for policies becoming eligible at future anniversaries. If portions of the reinsured policy have been ceded to more than one reinsurer, the 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 new maximum dollar retention limits had been in effect at the time of issue. The amount of reinsurance eligible for recapture is based on the current amount at risk as of the date of recapture. After the effective date of the increase in retention; and c. reduces all reinsurance eligible for recapture, including any supplementary benefits. 2. If the Reinsurer 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 that risk has been in force with the REINSURER for at least the number of years stated in Exhibit D. 3. The CEDING COMPANY will not 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. 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 premium disability on that person, the 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 any reinsurance and the REINSURER subsequently accepts reinsurance premiums on such reinsurance, the REINSURER will only be liable for the refund of unearned premiums, less any reinsured policies or portions of such reinsured policies eligible for recapture that the Company has overlooked. END OF ARTICLE IXallowances and premiums taxes if applicable, without interest.

Appears in 2 contracts

Sources: Reinsurance Agreement, Reinsurance Agreement (Life Investors Variable Life Account A)

Recapture. 1) 12.1 Whenever the Company Ceding Company, pursuant to Article 11, increases its maximum retention limits over the maximum retention limits set forth in Exhibit AA - Retention Limits of the Ceding Company, the Ceding Company has the option to recapture certain risk amounts. The amount eligible If the Ceding Company has maintained its maximum stated retention for recapture will be the difference between plan and the insured's age, sex, and mortality classification 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 originally retained and the amount the company would have retained on the same quota share basis had the new maximum retention limits been of reinsurance in effect at the time of issue.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 prior to the until a policy anniversary specified has been in Exhibit C.force for a duration of at least [number] 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 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. If portions 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 reinsured policy have been ceded to more than one reinsurerReinsurer that has met the duration requirement in clause (b) above, the Company must allocate the reduction in reinsurance so that the amount reinsured by each reinsurer after the reduction is proportionately the same revised Reinsured Net Amount at Risk shall be determined using Ceding Company's Retained Share as if the new maximum dollar retention limits policy were eligible for recapture from all reinsurers who have a share of the risk on that policy (or who had been 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 effect at Exhibit A as if the time policy were not eligible for recapture by any of issuethe reinsurers who have or had a share of the risk on the policy. The amount of reinsurance eligible for recapture is based on the current amount Net Amount at risk Risk as of the date of recapture. After For a policy issued as a result of a 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 overlookedoverlooked inadvertently. END OF ARTICLE IXIDSL-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. The Company may recapture if: 1) Whenever the . The Company increases its Retention Limit to reduce the amount of in force reinsurance ceded on an automatic basis provided, however, that: a) No recapture is made until the Reinsured Policy has been in force through the end of the level premium period. For a Conversion Policy, 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 b) Recapture will be effected on the next anniversary of each Reinsured Policy eligible for recapture unless agreed otherwise by both parties; and c) The Company gives the Reinsurer thirty (30) days written notice of its intention to recapture; and d) The Company has maintained, from the time the policy was issued, its quota share retention as set out in Exhibit D; and e) The Company retained its maximum Retention Limit for the age and mortality rating at the time the policy was issued. No recapture will be allowed for any policies where the Company’s established special retention limits over less than the Company’s maximum retention limits set forth in Exhibit ARetention Limits for the plan, issue age, and mortality rating at the time the policy was issued; and f) No recapture will be made if the Company has either obtained or increased reinsurance coverage, including, but not limited to, stop loss, as justification for the option to recapture certain risk amountsincrease in Retention Limits. The amount of reinsurance eligible for recapture will be the difference between the amount originally retained and the amount the company Company would have retained on the same quota share basis had the new maximum retention limits been in effect at the time of issue. a. The Company must give . If there is reinsurance with other reinsurers on risks eligible for recapture, the Reinsurer ninety (90) days written notice prior to its intended date of 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 prior applied pro rata to the policy anniversary specified in Exhibit C. c. If total outstanding reinsurance. 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. Recapture is optional, but if any reinsured policy business is recaptured, all reinsured policies business eligible for recapture under the provisions of this Article must be recaptured up to the Company's new maximum retention limits in a consistent manner and the Company must increase its total amount of insurance on each reinsured lifemanner. The Company may not revoke its election to recapture for policies becoming eligible at future anniversaries. 2. The Reinsurer does one of the following, regardless of the Reinsured Policies’ duration in force: a) Increases its reinsurance premium rates on any block of in force business under this agreement on which the Company has not raised its retail premiums or cost of insurance charges; or b) Increases its reinsurance premium rates on any block of in force business by an amount greater than the corresponding increase made by the Company to its retail premiums or cost of insurance charges. If portions of the reinsured policy have been ceded to more than one reinsurer, the Company elects to recapture, it must allocate notify the reduction in reinsurance Reinsurer of its intention to do so that before the amount reinsured by each reinsurer after the reduction is proportionately the same as if the new maximum dollar retention limits had been in effect at the time of issuerate increase takes effect. The amount recapture will be effective on the next anniversary of reinsurance each Reinsured Policy eligible for recapture unless agreed otherwise by both parties. 3. The Reinsurer is based on deemed insolvent and the current amount at risk terms and conditions of Article 11.1 are satisfied. 4. A Reserve Credit Event occurs and is not cured pursuant to Article 16.4. Upon recapture pursuant to this Article 8.3, a terminal settlement shall be made such that the parties shall settle all amounts due and payable with respect to the recaptured policies reinsured hereunder as stated below. All such settlements shall be made as of the recapture effective date. 1. The Reinsurer will refund to the Company any unearned reinsurance premiums. 2. The Reinsurer will pay to the Company all claims eligible for coverage under the Agreement incurred and reported to the Reinsurer prior to the recapture effective date. 3. The Company will pay the Reinsurer any due and unpaid reinsurance premium. The parties’ obligations for any recaptured business will be limited to those relating to events or circumstances arising or occurring before the recapture date. The Reinsurer will be obligated to pay to the Company all claims attributable to the recaptured amounts that were eligible for coverage under the Agreement, incurred prior to the recapture effective date and reported to the Reinsurer The Reinsurer shall have no liability with respect to claims incurred on or after the recapture effective date or claims reported to the Reinsurer after two (2) years from the recapture effective date regardless of the date on which such claims were incurred. The Company agrees to conduct appropriate Death Master File searches on its entire block of in force policies (and lapsed and surrendered policies for a period of time in accordance with the Company’s compliance procedures) at least semi-annually or in compliance with state regulations, whichever is more frequent. If a cession eligible for recapture has been overlooked by the Company, 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. After However, if a claim is incurred prior to the recapture effective date of recapturedate, but reported to the Reinsurer after this two (2) year period after the recapture effective date, the Reinsurer Company may consult with the Reinsurer, and the parties will work in good faith to resolve. The Company shall not be liable for any reinsured policies or portions a fee to recapture reinsurance. Recapture will be effected by way of such reinsured policies eligible for recapture that the Company has overlooked. END OF ARTICLE IXnot remitting applicable premiums.

Appears in 2 contracts

Sources: Reinsurance Agreement (Thrivent Variable Life Account I), Reinsurance Agreement (Thrivent Variable Life Account I)

Recapture. The Company may recapture if: 1) Whenever the . The Company increases its maximum retention limits over Retention Limit to reduce the maximum retention limits set forth amount of in Exhibit Aforce reinsurance ceded on an automatic basis provided, however, that: a) No recapture is made until the Reinsured Policy has been in force through the end of the level premium period. For a conversion, the Company has recapture terms of the option to original policy will apply and the duration for the recapture certain risk amounts. The amount period will be measured from the effective date of the original policy; and b) Recapture will be effected on the next anniversary of each Reinsured Policy eligible for recapture unless agreed otherwise by both parties; and c) The Company gives the Reinsurer 30 days prior written notice of its intention to recapture; and d) The Company has maintained, from the time the policy was issued, its quota share retention as set out in Exhibit D. The amount of reinsurance eligible for recapture from the Reinsurer will be the Reinsurer’s share of the reinsurance times the difference between the amount originally retained and the amount the company Company would have retained on the same quota share basis had the new maximum retention limits been in effect at the time of issue. a. The Company must give the Reinsurer ninety (90) days written notice prior to its intended date of 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 prior to the policy anniversary specified in Exhibit 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 Company's new maximum retention limits in a consistent manner and the Company must increase its total amount of insurance on each reinsured life. The Company may not revoke its election to recapture for policies becoming eligible at future anniversaries. If portions of the reinsured policy have been ceded to more than one reinsurer, the 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 new maximum dollar retention limits had been in effect at the time of issue. The If there is reinsurance with other reinsurers on risks eligible for recapture, the reduction will be applied pro rata to the total outstanding reinsurance. 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 reinsurance the Company’s increased retention. If such recapture is elected by the Company, all business eligible must be recaptured in a consistent manner. The parties’ obligations for any recaptured business will be limited to those relating to events or circumstances arising or occurring before the recapture date. If a cession eligible for recapture is based on has been overlooked by the current Company, the liability of the Reinsurer will be limited to the refund of the amount at risk as of premiums accepted by the Reinsurer after the date of recapture, less allowances or claims paid, if any, for the overlooked amount. 2. After The Reinsurer does one of the effective date following, regardless of the Reinsured Policies’ duration in force: a) Increases its reinsurance premium rates on any block of in-force business under this agreement on which the Company has not raised its retail premiums or cost of insurance charges; or b) Increases its reinsurance premium rates on any block of in force business by an amount greater than the corresponding increase made by the Company to its retail premiums or cost of insurance charges. If the Company elects to recapture, it must notify the Reinsurer of its intention to do so before the rate increase takes effect. The recapture will be effective on the next anniversary of each Reinsured Policy eligible for recapture unless agreed otherwise by both parties. Upon recapture pursuant to this provision, unearned premiums, net of outstanding balances, will be paid by the party with the positive balance. The Company shall not be liable for any reinsured policies or portions a fee to recapture reinsurance. Recapture will be effected by way of such reinsured policies eligible for recapture that the Company has overlooked. END OF ARTICLE IXnot remitting applicable premiums.

Appears in 2 contracts

Sources: Reinsurance Agreement (Thrivent Variable Life Account I), Reinsurance Agreement (Thrivent Variable Life Account I)

Recapture. 1) Whenever the The Company increases may apply its maximum increased retention limits over to reduce the maximum benefit amount of in force Reinsured Policies provided: 6.2.1 The Company gives the Reinsurer written notice of its intention to recapture within 90 days of the effective date of the retention limits set forth increase; and 6.2.2 Such recaptures are made on the next anniversary of each Reinsured Policy affected and with no recapture being made until the Reinsured Policy has been in force for the period stated in Exhibit AC. 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 option to recapture certain risk amounts. The amount eligible time the policy was issued, its full retention as set out in Exhibit D for recapture will be the difference between the amount originally retained plan and the amount the company would have retained insured's classification. Reinsured policies on the same a first dollar quota share basis had 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 new maximum retention limits been in effect Reinsurer. In applying its increased Retention Limits to Reinsured Policies, the age and mortality rating at the time of issue. a. The Company must give issue will be used to determine the Reinsurer ninety (90) days written notice prior to its intended date amount of the commencement of recapture. b. The reduction of reinsurance on affected policies will become effective on Company's increased retention. Recapture as provided herein is optional with the policy anniversary date immediately following the notice of election to recapture; howeverCompany, no reduction will be made prior to the policy anniversary specified in Exhibit C. 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 Company's new maximum retention limits in a consistent manner and the Company must increase its total amount of insurance on each reinsured life. The Company may not revoke its election to recapture for policies becoming eligible at future anniversaries. If portions of the reinsured policy have been ceded to more than one reinsurer, the 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 new maximum dollar retention limits had been in effect at the time of issueoutstanding reinsurance. The amount of reinsurance eligible for recapture is based on the current reinsurance net amount at risk as of the date of recapture. After The Company may not recapture reinsurance if the effective date Company has either obtained or increased stop loss reinsurance coverage as justification for the increase in retention. If there is a Waiver of recapturePremium (W.P.) claim in effect when recapture takes place, the W.P. claim will stay in effect until the W.P. claim terminates. 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 Company has overlooked. END OF ARTICLE IXThe 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 Company transfers business which is reinsured under this Agreement to a successor company, then the successor company has the option to recapture the reinsurance, in accordance with the recapture criteria outlined in this Article, only if the successor company has a higher retention limit than the Company.

Appears in 1 contract

Sources: Reinsurance Agreement (National Variable Life Insurance Account)

Recapture. 1) 12.1 Whenever the Ceding Company increases its maximum retention limits over the maximum retention limits set forth in Exhibit A, the Ceding Company has the option to recapture certain risk amounts. The amount eligible If the Ceding Company has maintained its maximum stated retention (not a special retention limit) for recapture will be the difference between plan and the insured’s issue age, sex, and mortality classification, it may apply its increased retention limits to reduce the amount originally retained and the amount the company would have retained on the same quota share basis had the new maximum retention limits been of reinsurance in effect at the time of issueforce as follows. a. (a) The Ceding Company must give the Reinsurer ninety XXXX 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 prior to the until a policy anniversary specified has been in Exhibit C.force for at least 20 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 on each reinsured life. The Ceding Company may not revoke its election to recapture for policies becoming eligible at future anniversaries. If portions of the reinsured policy have been ceded to 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 new maximum dollar retention limits had been in effect at the time of issue. The amount of reinsurance eligible for recapture is based on the current amount at risk as of the date of recapture. For a policy issued as a result of exchange, conversion, or re-entry, the recapture terms of the reinsurance agreement covering the original policy will apply, and the duration period for the purpose of recapture will be measured from the effective date of the reinsurance on the original policy. 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. END OF ARTICLE IXNo recapture will be permitted if the Ceding Company has either obtained or increased stop loss reinsurance coverage as justification for the increase in retention limits.

Appears in 1 contract

Sources: Automatic Yrt Reinsurance Agreement (National Variable Life Insurance Account)

Recapture. 1) 12.1 Whenever the Company Ceding Company, pursuant to Article 11, increases its maximum retention limits over the maximum retention limits set forth in Exhibit AA - Retention Limits of the Ceding Company, the Ceding Company has the option to recapture certain risk amounts. The amount eligible If the Ceding Company has maintained its maximum stated retention for recapture will be the difference between plan and the insured's age, sex, and mortality classification 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 originally retained and the amount the company would have retained on the same quota share basis had the new maximum retention limits been of reinsurance in effect at the time of issue.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 prior to the until a policy anniversary specified has been in Exhibit C.force for a duration of at least [number] 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 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. If portions 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 reinsured policy have been ceded to more than one reinsurerReinsurer that has met the duration requirement in clause (b) above, the Company must allocate the reduction in reinsurance so that the amount reinsured by each reinsurer after the reduction is proportionately the same revised Reinsured Net Amount at Risk shall be determined using Ceding Company's Retained Share as if the new maximum dollar retention limits policy were eligible for recapture from all reinsurers who have a share of the risk on that policy (or who had been 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 effect at Exhibit A as if the time policy were not eligible for recapture by any of issuethe reinsurers who have or had a share of the risk on the policy. The amount of reinsurance eligible for recapture is based on the current amount Net Amount at risk Risk as of the date of recapture. After For a policy issued as a result of a 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 overlookedoverlooked inadvertently. END OF ARTICLE IXIDSL 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. 1) Whenever If the Ceding Company increases its maximum retention limits over the maximum retention limits set forth Maximum Dollar Retention Limits listed in Exhibit Section 3 of Schedule A, then it may, with 90 days' written notice to the Company has Reinsurer, reduce or recapture the option reinsurance in force subject to recapture certain risk amounts. The amount the following requirements: 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 effective date of the reduction in reinsurance will be the difference between the amount originally retained and the amount the company would have retained on the same quota share basis had the new maximum retention limits been in effect at the time of issue. a. The Company must give the Reinsurer ninety (90) days written notice prior to its intended date later of the commencement first policy anniversary following the expiration of recapture. b. The reduction of reinsurance on affected policies will become effective on 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 prior to the policy anniversary specified in Exhibit C.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 Company's new maximum 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 Company must increase its total amount of insurance 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. If portions . v. Recapture of reinsurance will not be allowed on any policy for which the reinsured policy have been ceded to 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 new maximum dollar retention limits had been in effect did not keep its Maximum Dollar Retention Limit at the time of issue. The amount Ceding Company's Maximum Dollar Retention Limits are stated in Section 3 of reinsurance Schedule A. vi. If any policy eligible for recapture is based also eligible for recapture from other reinsurers, the reduction in the Reinsurer's reinsurance on that policy will be in proportion to the total amount of reinsurance on the current amount at risk as of the date of recapturelife with all reinsurers. vii. After 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 anti-selection against the Reinsurer. However, if the Reinsurer has given the Ceding Company written notice of such reinsured policies eligible for a reinsurance premium rate increase and the Ceding Company Exercises their right to recapture that the Company has overlooked. END OF ARTICLE IXas set forth in Article 7.e, restrictions i. and v. above shall not apply.

Appears in 1 contract

Sources: Reinsurance Agreement (Tiaa-Cref Life Separate Account Vli-1)

Recapture. 1The Company may apply an increase in its Retention Limit to reduce the ceded amount of inforce reinsurance provided, however, that: a) Whenever The Company gives the Company increases Reinsurer an irrevocable written notice of its maximum retention limits over intention to recapture within one year after the maximum retention limits set forth effective date of the increase in its Retention Limit; 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 the Reinsured Policy has been in force for the period specified in Exhibit AC-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 the original policy; and c) The Company has maintained, from the time the policy was issued, its quota share retention as set out in Exhibit D, and has applied its increased Retention Limit to all categories set out in Exhibit D; and d) Other than as respects catastrophe or financial reinsurance arrangements, the Company will retain all recaptured risks. No recapture will occur if the Company has either obtained or increased stop loss reinsurance coverage as justification for the option increase in retention. In applying its increased Retention Limit to recapture certain risk amountsReinsured Policies, the age and mortality rating at the time of issue will be used to determine the amount of the Company’s increased retention. The amount of reinsurance eligible for recapture will be the difference between the amount originally retained and the amount the company Company would have retained on the same quota share basis had the new maximum retention limits been in effect at the time of issue. a. The Company must give the Reinsurer ninety (90) days written notice prior to its intended date of 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 prior to the policy anniversary specified in Exhibit 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 Company's new maximum retention limits in a consistent manner and the Company must increase its total amount of insurance on each reinsured life. The Company may not revoke its election to recapture for policies becoming eligible at future anniversaries. If portions of the reinsured policy have been ceded to more than one reinsurer, the 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 new maximum dollar retention limits had been in effect at the time of issue. The amount of 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 is based on must be similarly recaptured. Any successor of the current amount at risk 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. After the effective date of recapturerecapture date, the Reinsurer will not be liable for any reinsured policies or portions of such reinsured policies eligible for recapture that the Company has business which was overlooked. END OF ARTICLE IXThe parties’ obligations for any recaptured business will be limited to those relating to events or circumstances arising or occurring before the recapture date, including payment of the termination settlement amount. Upon payment of the termination settlement amount, each party will be deemed to be fully and finally released from all obligations under this Agreement with respect to the recaptured business.

Appears in 1 contract

Sources: Reinsurance Agreement (Tiaa-Cref Life Separate Account Vli-1)

Recapture. 1) 12.1 Whenever the Ceding Company increases its maximum retention limits over the maximum retention limits set forth in Exhibit AA - Retention Limits of the Ceding Company, the Ceding Company has the option to recapture certain risk amounts. The amount eligible If the Ceding Company has maintained its maximum stated retention (not a special retention limit) for recapture will be the difference between plan and the insured's age, sex, and mortality classification, it may apply its increased retention limits to reduce the amount originally retained and the amount the company would have retained on the same quota share basis had the new maximum retention limits been of reinsurance in effect at the time of issue.force as follows: a. (a) The Ceding Company must give the Reinsurer ninety (90) 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 prior to the until a policy anniversary specified has been in Exhibit C.force for at least 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 new maximum retention limits in a consistent manner and the Ceding Company must increase its total amount of insurance on each reinsured life. The Ceding Company may not revoke its election to recapture for policies becoming eligible at future anniversaries. If portions of the reinsured policy have been ceded to more than one reinsurer, the Ceding Company must allocate the reduction in reinsurance among all the reinsurers so that the amount reinsured by each reinsurer after relationship of the reduction is proportionately total reinsurance among the same as if reinsurers in any given layer does not change due to the new maximum dollar retention limits had been in effect at the time of issuerecapture. The amount of reinsurance eligible for recapture is based on the current net amount at risk as of the date of recapture. For a policy issued as a result of a fully-underwritten exchange, the policy date and the current duration of the new policy and the recapture provisions under this Agreement will be used. 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. END OF ARTICLE IXIf 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 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. 1Reinsured policies will not be eligible for recapture due solely to an increase in the Company’s quota share percentage retained. The Company may apply an increase in its Retention limit to reduce the amount of inforce reinsurance ceded on an automatic basis provided, however, that: a) Whenever The Company gives the Reinsurer an irrevocable written notice of its intention to recapture; 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 the Reinsured Policy has been in force for the period specified in the applicable Exhibit. 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 c) The Company increases has maintained, from the time the policy was issued, its maximum quota share retention limits over the maximum retention limits as set forth out in Exhibit AD, 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 Company has age and mortality rating at the option time of issue will be used to recapture certain risk amountsdetermine the amount of the Company’s increased retention. The amount of reinsurance eligible for recapture will be the difference between the amount originally retained and the amount the company Company would have retained on the same quota share basis had the new maximum retention limits been in effect at the time of issue. a. The Company must give the Reinsurer ninety (90) days written notice prior to its intended date of 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 prior to the policy anniversary specified in Exhibit 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 Company's new maximum retention limits in a consistent manner and the Company must increase its total amount of insurance on each reinsured life. The Company may not revoke its election to recapture for policies becoming eligible at future anniversaries. If portions of the reinsured policy have been ceded to more than one reinsurer, the 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 new maximum dollar retention limits had been in effect at the time of issue. The amount 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 is based on must 12107058US·19 (01-01-2019) IOT17345US1Bl be similarly recaptured. No reserves for the current amount at risk recaptured business will be paid to the Company by the Reinsurer. Effective as of the date of recapture. After the effective date of recapturerecapture date, the Reinsurer will not be liable for any reinsured policies or portions of such reinsured policies eligible for recapture that the Company has business which was overlooked. END OF ARTICLE IXThe parties’ obligations for any recaptured business will be limited to those relating to events or circumstances arising or occurring before the recapture date, including payment of the termination settlement amount. Upon recapture, each party will be deemed to be fully and finally released from all obligations under this Agreement with respect to the recaptured business.

Appears in 1 contract

Sources: Reinsurance Agreement (Thrivent Variable Life Account I)

Recapture. 1) Whenever the The Company increases may apply its maximum increased retention limits over to reduce the maximum benefit amount of in force Reinsured Policies provided: 7.2.1 The Company gives the Reinsurer written notice of its intention to recapture with XX days of the effective date of the retention limits set forth increase; and 7.2.2 Such recaptures are made on the next anniversary of each Reinsured Policy a affected and with no recapture being made until the Reinsured Policy has been in force for the period stated in Exhibit AC. 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 option to recapture certain risk amounts. The amount eligible time the policy was issued, its full retention as set out in Exhibit D for recapture will be the difference between the amount originally retained plan and the amount the company would have retained insured's classification. Reinsured policies on the same a first dollar quota share basis had 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 new maximum retention limits been in effect Reinsurer. In applying its increased Retention Limits to Reinsured Policies, the age and mortality rating at the time of issue. a. The Company must give issue will be used to determine the Reinsurer ninety (90) days written notice prior to its intended date amount of the commencement of recapture. b. The reduction of reinsurance on affected policies will become effective on Company's increased retention. Recapture as provided herein is optional with the policy anniversary date immediately following the notice of election to recapture; howeverCompany, no reduction will be made prior to the policy anniversary specified in Exhibit C. c. If 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 Company's new maximum retention limits in a consistent manner and the Company must increase its total amount of insurance on each reinsured life. The Company may not revoke its election to recapture for policies becoming eligible at future anniversaries. If portions of the reinsured policy have been ceded to more than one reinsurer, the 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 new maximum dollar retention limits had been in effect at the time of issueoutstanding reinsurance. The amount of reinsurance eligible for recapture is based on the current reinsurance net amount at risk as of the date of recapture. After The Company may not recapture reinsurance if the effective date Company his either obtained or increased stop loss reinsurance coverage as justification for the increase in retention. If there is a Waiver of recapturePremium (W.P.) claim in effect when recapture takes place, the W.P. claim will stay in effect until W.P. claim terminates. 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 Company has overlooked. END OF ARTICLE IXThe 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 Company transfers business which is reinsured under this Agreement to successor company, then the successor company has the option to recapture the reinsurance, in accordance with the recapture criteria outlined in this Article, only if the successor company has a higher retention limit than the Company.

Appears in 1 contract

Sources: Reinsurance Agreement (Llac Variable Account)

Recapture. 1) 11.1 RECAPTURE ELIGIBILITY REQUIREMENTS Whenever the Ceding Company increases its maximum retention limits over the maximum retention limits Maximum Retention Per Life as set forth in Exhibit A, A (A.1) the Ceding Company will notify the Reinsurer of its intent to recapture to the new retention limits. If the Ceding Company has maintained its Maximum Retention Per Life for the option plan and the insured’s issue age, sex, and mortality classification, it may apply its increased retention limits to recapture certain risk amounts. The amount eligible for recapture will be the difference between reduce the amount originally retained and the amount the company would have retained on the same quota share basis had the new maximum retention limits been of reinsurance in effect at the time of issue.force as follows: a. The 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 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 prior until a policy has been in force for at least twenty (20) years, for policies where the corporate maximum dollar retention was held at issue, up to the policy anniversary specified in Exhibit C.then current increased retention; and c. If 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 maximum retention limits Maximum Retention Per Life in a consistent manner manner, and the Ceding Company must increase its total amount of insurance 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. 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 the a policy reinsured policy under this Agreement have been ceded to reinsured with more than one reinsurerReinsurer, the Ceding Company must allocate the reduction in reinsurance so that the amount reinsured by each reinsurer Reinsurer after the reduction is proportionately the same as if the new maximum dollar retention limits 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 Reinsurer except insolvency. The amount of reinsurance eligible for recapture is based on the current amount Reinsured Net Amount at risk Risk as of the date of recapture. For a policy issued as a result of conversion, the recapture terms of the reinsurance agreement covering the New Policy will apply, and the duration for the purpose of recapture will be measured from the issue dateof the Original Policy. 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. END OF ARTICLE IX.

Appears in 1 contract

Sources: Reinsurance Agreement (National Variable Life Insurance Account)

Recapture. 1) 12.1 Whenever the Company Ceding Company, pursuant to Article 11, increases its maximum retention limits over the maximum retention limits set forth in Exhibit AA - Retention Limits of the Ceding Company, the Ceding Company has the option to recapture certain risk amounts. The amount eligible If the Ceding Company has maintained its maximum stated retention for recapture will be the difference between plan and the insured's age, sex, and mortality classification 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 originally retained and the amount the company would have retained on the same quota share basis had the new maximum retention limits been of reinsurance in effect at the time of issue.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 prior to the until a policy anniversary specified has been in Exhibit C.force for a duration of at least twenty (20) years. c. (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 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. If portions 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 reinsured policy have been ceded to more than one reinsurerReinsurer that has met the duration requirement in clause (b) above, the Company must allocate the reduction in reinsurance so that the amount reinsured by each reinsurer after the reduction is proportionately the same revised Reinsured Net Amount at Risk shall be determined using Ceding Company's Retained Share as if the new maximum dollar retention limits policy were eligible for recapture from all reinsurers who have a share of the risk on that policy (or who had been 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 effect at Exhibit A as if the time policy were not eligible for recapture by any of issuethe reinsurers who have or had a share of the risk on the policy. The amount of reinsurance eligible for recapture is based on the current amount Net Amount at risk Risk as of the date of recapture. After For a policy issued as a result of a 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 overlookedoverlooked inadvertently. END OF ARTICLE IXIf 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. 1The Company may apply an increase in its Retention Limit to reduce the ceded amount of inforce reinsurance provided that: a) Whenever The Company gives the Company increases Reinsurer irrevocable written notice of its maximum retention limits over intention to recapture; and b) Recapture will be effected on the maximum retention limits set forth next anniversary of each Reinsured Policy eligible for recapture unless agreed otherwise by both parties and with no recapture being made until the Reinsured Policy has been in force for the period specified in Exhibit AC-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 the original policy; and c) The Company has maintained, from the option time the policy was issued, its full retention as set out in Exhibit D, and has applied its increased Retention Limit to recapture certain risk amountsall 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. The For policies issued on an excess retention basis, the amount of reinsurance eligible for recapture will be the difference between the amount originally retained and the amount the company Company would have retained had the new retention been in effect at the time of issue. For policies issued on a quota share basis, the amount of reinsurance eligible for recapture will be the difference between the amount originally retained and the amount the Company would have retained on the same quota share basis had the new maximum retention limits been in effect at the time of issue. a. The Company must give the Reinsurer ninety (90) days written notice prior to its intended date of 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 prior to the policy anniversary specified in Exhibit 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 Company's new maximum retention limits in a consistent manner and the Company must increase its total amount of insurance on each reinsured life. The Company may not revoke its election to recapture for policies becoming eligible at future anniversaries. If portions of the reinsured policy have been ceded to more than one reinsurer, the 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 new maximum dollar retention limits had been in effect at the time of issue. The amount of reinsurance eligible for recapture is will be determined based on the current reinsurance net amount at risk as of the date of recapture. After If there is reinsurance with other reinsurers on risks eligible for recapture, the effective 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 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 recapturethe recapture date, the Reinsurer will not be liable for any reinsured policies or portions of such reinsured policies eligible for recapture that the Company has business which was overlooked. END OF ARTICLE IXThe parties' obligations for any recaptured business will be limited to those relating to events or circumstances arising or occurring before the recapture date. Upon recapture, each party will be deemed to be fully and finally released from all obligations under this Agreement with respect to the recaptured 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. 1) 12.1 Whenever the Company Ceding Company, pursuant to Article 11, increases its maximum retention limits over the maximum retention limits set forth in Exhibit AA - Retention Limits of the Ceding Company, the Ceding Company has the option to recapture certain risk amounts. The amount eligible If the Ceding Company has maintained its maximum stated retention for recapture will be the difference between plan and the insured's age, sex, and mortality classification 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 originally retained and the amount the company would have retained on the same quota share basis had the new maximum retention limits been of reinsurance in effect at the time of issue.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 prior to the until a policy anniversary specified has been in Exhibit C.force for a duration of at least [number] 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 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. If portions 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 reinsured policy have been ceded to more than one reinsurerReinsurer that has met the duration requirement in clause (b) above, the Company must allocate the reduction in reinsurance so that the amount reinsured by each reinsurer after the reduction is proportionately the same revised Reinsured Net Amount at Risk shall be determined using Ceding Company's Retained Share as if the new maximum dollar retention limits policy were eligible for recapture from all reinsurers who have a share of the risk on that policy (or who had been 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 effect at Exhibit A as if the time policy were not eligible for recapture by any of issuethe reinsurers who have or had a share of the risk on the policy. The amount of reinsurance eligible for recapture is based on the current amount Net Amount at risk Risk as of the date of recapture. After For a policy issued as a result of a 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 overlookedoverlooked inadvertently. END OF ARTICLE IXIf 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. 1) Whenever When the Company increases its maximum retention limits over the maximum retention limits set forth in Exhibit ACorporate Maximum Retention Limit pursuant to this Agreement, the Company has the option may, at its option, recapture an amount equal to recapture certain risk amounts. The amount eligible for recapture will be the difference between the amount originally retained and the amount the company Company would have retained on the same quota share reinsurance basis as specified in the Exhibits hereto had the new maximum retention limits Corporate Maximum Retention Limit been in effect at the time of issue., provided: a. i. The Company must give gives the Reinsurer written notice of its intention to recapture within ninety (90) days written notice prior to its intended of the effective date of the commencement of recapture.Corporate Maximum Retention Limit increase; and b. The reduction of reinsurance on affected policies will become effective ii. such recaptures are made on the policy next anniversary date immediately following of each Reinsured Policy affected unless mutually agreed otherwise by the notice 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 time the Policy was issued, an amount equal to the applicable Corporate Maximum Retention Limit for the plan and the insured's classification; and iv. the Company has applied its increased Corporate Maximum Retention Limit in a consistent manner to all categories of election 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, the age and mortality rating at the time of issue will be used to determine the amount of the Company's increased retention. If the Company exercises its option to recapture; however, no reduction will be made prior to the policy anniversary specified in Exhibit C. 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 Company's new maximum retention limits in a consistent manner and the Company must increase its total amount of insurance on each reinsured life. The Company may not revoke its election to recapture for policies becoming eligible at future anniversaries. If portions of the reinsured policy have been ceded to more than one reinsurer, the 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 new maximum dollar retention limits had been in effect at the time of issueoutstanding reinsurance. The amount of reinsurance eligible for recapture is based on the current reinsured net amount at risk as of the date of recapture. After 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 justification for the increase 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 Company has overlooked. END OF ARTICLE IXIn 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 Company transfers business that is reinsured under this Agreement to a successor company, then the successor company has the option to recapture the reinsurance, in accordance with the recapture criteria outlined in this Article, only if the successor company has or adopts a higher retention limit than that 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 Reinsurer’s insolvency are specified in the Insolvency section of this Agreement.

Appears in 1 contract

Sources: Reinsurance Agreement (Ameritas Variable Separate Account V)

Recapture. 1) Whenever the Company increases its maximum retention limits over the maximum retention limits Retention Limit , as set forth in Exhibit AD, 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 in force reinsurance shall be subject to the following conditions: a) An in force Reinsured Policy shall not be eligible for recapture until it has been reinsured for the 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 has and the option Reinsurer. b) The Company must have maintained the maximum dollar retention on the life for the plan, insured's age, sex and mortality classification as set forth in Exhibit D. c) Reinsurance for all Reinsured Policies eligible for recapture shall be reduced by the amount necessary to recapture certain risk amountsincrease the total amount retained on the life up to the new Retention Limit. The amount of reinsurance eligible for recapture will be the difference between the amount originally retained and the amount the company Company would have retained on the same quota share basis had the new maximum retention limits been in effect at the time of issue. a. The Company must give the Reinsurer ninety (90) days written notice prior to its intended date of 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 prior to the policy anniversary specified in Exhibit 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 Company's new maximum retention limits in a consistent manner and the Company must increase its total amount of insurance on each reinsured life. The Company may not revoke its election to recapture for policies becoming eligible at future anniversaries. If portions of the reinsured policy have been ceded to more than one reinsurer, the 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 new maximum dollar retention limits had been in effect at the time of issue. The amount of reinsurance eligible for recapture is will be determined based on the current reinsurance net amount at risk as of the date of recapture. After . d) If the effective 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 Reinsured Policy issued as a result of a continuation, such as conversion, re­entry or exchange, the recapture terms of the agreement covering the original Policy shall apply and the recapture period shall be measured from the 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 or portions of such reinsured policies eligible for recapture that the Company has business which was overlooked. END OF ARTICLE IXThe parties' obligations for any recaptured business will be limited to those relating to events or circumstances arising or occurring before the recapture date, including payment of the termination settlement amount. l) Upon payment of the termination settlement amount, each party will be deemed to be fully and finally released from all obligations under this Agreement with respect to the recaptured business.

Appears in 1 contract

Sources: Reinsurance Agreement (Nationwide VL Separate Account-G)

Recapture. 1) 11.1 Whenever the Ceding Company increases its maximum retention limits over the maximum retention limits set forth in Exhibit A, the Company Ceding Company, through the Administrator, has the option to recapture certain risk amounts. The amount eligible If the Ceding Company has maintained its maximum stated retention (not a special retention limit) for recapture will be the difference between plan and the insured’s issue age, sex, and mortality classification, it may apply its increased retention limits to reduce the amount originally retained and the amount the company would have retained on the same quota share basis had the new maximum retention limits been of reinsurance in effect at the time of issueforce as follows. a. (a) The Company Ceding Company, through the Administrator, must give the Reinsurer ninety IHLIC 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 prior to the until a policy anniversary specified has been in Exhibit C.force for at least twenty (20) 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 on each reinsured life. The Ceding Company may not revoke its election to recapture for policies becoming eligible at future anniversaries. If portions of the reinsured policy have been ceded to more than one reinsurer, the Company Ceding Company, 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 new maximum dollar retention limits had been in effect at the time of issue. The amount of reinsurance eligible for recapture is based on the current amount at risk as of the date of recapture. For a policy issued as a result of exchange, conversion, or re-entry, the recapture terms of the reinsurance agreement covering the original policy will apply, and the duration period for the purpose of recapture will be measured from the effective date of the reinsurance on the original policy. 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. END OF ARTICLE IXNo recapture will be permitted if the Ceding Company has either obtained or increased stop loss reinsurance coverage as justification for the increase in retention limits.

Appears in 1 contract

Sources: Automatic Yrt Reinsurance Agreement (First Trinity Financial CORP)

Recapture. 1) 12.1 Whenever the Ceding Company increases its maximum retention limits over the maximum retention limits set forth in Exhibit AA - Retention Limits of the Ceding Company, the Ceding Company has the option to recapture certain risk amounts. The amount eligible If the Ceding Company has maintained its maximum stated retention (not a special retention limit) for recapture will be the difference between plan and the insured's age, sex, and mortality classification, it may apply its increased retention limits to reduce the amount originally retained and the amount the company would have retained on the same quota share basis had the new maximum retention limits been of reinsurance in effect at the time of issue.force as follows: a. (a) The Ceding Company must give the Reinsurer ninety (90) 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 prior to the until a policy anniversary specified has been in Exhibit C.force for at least 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 new maximum retention limits in a consistent manner and the Ceding Company must increase its total amount of insurance on each reinsured life. The Ceding Company may not revoke its election to recapture for policies becoming eligible at future anniversaries. If portions of the reinsured policy have been ceded to more than one reinsurer, the Ceding Company must allocate the reduction in reinsurance among all the reinsurers so that the amount reinsured by each reinsurer after relationship of the reduction is proportionately total reinsurance among the same as if reinsurers in any given layer does not change due to the new maximum dollar retention limits had been in effect at the time of issuerecapture. The amount of reinsurance eligible for recapture is based on the current net amount at risk as of the date of recapture. For a policy issued as a result of a fully-underwritten exchange, the policy date and the current duration of the new policy and the recapture provisions under this Agreement will be used. 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. END OF ARTICLE IXIf 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 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. 1) 12.1 Whenever the Company Ceding Company, pursuant to Article 11, increases its maximum retention limits over the maximum retention limits set forth in Exhibit AA - Retention Limits of the Ceding Company, the Ceding Company has the option to recapture certain risk amounts. The amount eligible If the Ceding Company has maintained its maximum stated retention for recapture will be the difference between plan and the insured's age, sex, and mortality classification 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 originally retained and the amount the company would have retained on the same quota share basis had the new maximum retention limits been of reinsurance in effect at the time of issue.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 prior to the until a policy anniversary specified has been in Exhibit C.force for a duration of at least [number] 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 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. If portions 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 reinsured policy have been ceded to more than one reinsurerReinsurer that has met the duration requirement in clause (b) above, the Company must allocate the reduction in reinsurance so that the amount reinsured by each reinsurer after the reduction is proportionately the same revised Reinsured Net Amount at Risk shall be determined using Ceding Company's Retained Share as if the new maximum dollar retention limits policy were eligible for recapture from all reinsurers who have a share of the risk on that policy (or who had been 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 effect at Exhibit A as if the time policy were not eligible for recapture by any of issuethe reinsurers who have or had a share of the risk on the policy. The amount of reinsurance eligible for recapture is based on the current amount Net Amount at risk Risk as of the date of recapture. After For a policy issued as a result of a 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 overlookedoverlooked inadvertently. END OF ARTICLE IXIf 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. 1) Whenever the Company changes its limits of retention, it shall promptly notify the Reinsurer. If the Company increases its retention limits, it may exercise its right of recapture and reduce the 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 limits over limit for the maximum retention limits set forth in Exhibit Aplan, the Company has the option to recapture certain risk amounts. The amount eligible for recapture will be the difference between the amount originally retained age and the amount the company would have retained on the same quota share basis had the new maximum retention limits been in effect mortality ratings at the time of issuethe policy was issued. a. 2. The reduction in reinsurance shall be made on the next anniversary of each policy affected. However, no reduction shall be made until a policy has been in-force for twenty years. 3. The Company must shall give the Reinsurer ninety (90) days written notice prior of its intention to recapture existing business reinsured under this Agreement in accordance with its intended date new limits of the commencement of recaptureretention. b. The reduction of 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 affected policies will become effective on risks eligible for recapture, the policy anniversary date immediately following the notice of election to recapture; however, no Reinsurer's reduction will be made prior in proportion to its share of the total reinsurance on the life. 6. In the event that any reinsurance policy anniversary specified in Exhibit C. c. If any reinsured policy affected by recapture is recapturedoverlooked, all reinsured policies eligible 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 recapture under the provisions of this Article must be recaptured up to the Company's new maximum retention limits in a consistent manner such reinsurance, and the Company must increase its total amount Reinsurer shall be liable only for a refund of insurance on each the premiums so received, without interest. 7. No reduction may be made in any supplemental benefits reinsured life. The Company may not revoke its election to recapture for policies becoming eligible at future anniversariesunless the life reinsurance is also being reduced. 8. If portions of the reinsured policy have been ceded to more than one reinsurer, the 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 new maximum dollar retention limits had been in effect at the time of issue. The amount recapture the risk is an active claim for Waiver of reinsurance eligible for recapture is based on Premium Disability, the current amount at life risk as of the date of shall be considered subject to recapture. After the effective date of recaptureHowever, the Reinsurer will not be liable for any reinsured policies or portions of original disability reinsurance shall remain in force until such reinsured policies eligible for recapture that time as the Company has overlookeddisability claim ceases. END GENERAL & COLOGNE LIFE RE OF ARTICLE IXAMERICA

Appears in 1 contract

Sources: Reinsurance Agreement (Carillon Life Account)

Recapture. 1) Whenever If the Ceding Company increases its maximum retention limits over the maximum retention limits Maximum Dollar Retention Limits, then it may also increase its Quota Share Percentage, set forth in Exhibit ASchedule A. Subsequent to both increases, Ceding Company may then, with 90 days' written notice to the Company has Reinsurer, reduce or recapture the option reinsurance in force subject to recapture certain risk amounts. The amount the following requirements: i. An in-force cession is not eligible for recapture will be until it has been reinsured for the difference between the amount originally retained and the amount the company would have retained on the same quota share basis had the new maximum retention limits been minimum number of years shown in effect at the time of issue. a. Schedule A. The Company must give the Reinsurer ninety (90) days written notice prior to its intended effective date of the commencement reduction in reinsurance shall be the later of recapture. b. The reduction the first policy anniversary following the expiration of reinsurance on affected policies will become effective on the 90-day notice period to recapture and the policy anniversary date immediately following when the notice required minimum of election to recapture; howeveryears is attained, no reduction will be made prior to or as otherwise agreed between the policy anniversary specified in Exhibit C.parties. 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 Company's new maximum retention limits in a consistent manner and the Company must increase its total amount of insurance on each reinsured life. The Company may not revoke its election to recapture for policies becoming eligible at future anniversariesQuota Share Percentage. iii. If portions of the reinsured policy have been ceded to more than one reinsurerpolicy per life is eligible for recapture, then the eligible policies may be recaptured beginning with the policy with the earliest issue date and continuing in chronological order according to the remaining policies' issue dates. iv. Recapture will not be allowed on any policy for which the Ceding Company must allocate did not keep its Maximum Dollar Retention Limit or the reduction full Quota Share Percentage as stated in reinsurance so that the amount reinsured by each reinsurer after the reduction Schedule A, whichever is proportionately the same as if the new maximum dollar retention limits had been in effect at the time of issue. The amount of reinsurance less. v. If any policy eligible for recapture is based also eligible for recapture from other reinsurers, the reduction in the Reinsurer's reinsurance on that policy will be in proportion to the total amount of reinsurance on the current amount at risk as of the date of recapturelife with all reinsurers. vi. After 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 Company Reinsurer. The Reinsurer maintains the discretion to determine when anti-selection has overlooked. END OF ARTICLE IXoccurred.

Appears in 1 contract

Sources: Reinsurance Agreement (Mony America Variable Account L)

Recapture. 1) Whenever the Company increases its maximum retention limits over the maximum retention limits set forth in Exhibit A, the Company has the option to recapture certain risk amounts. The amount eligible for recapture will be the difference between the amount originally retained and the amount the company would have retained on the same quota share basis had the new maximum retention limits been in effect at the time of issue. a. The Company must give the Reinsurer ninety (90) days written notice prior to its intended date of 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 prior to the policy anniversary specified in Exhibit 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 Company's ’s new maximum retention limits in a consistent manner and the Company must increase its total amount of insurance on each reinsured life. The Company may not revoke its election to recapture for policies becoming eligible at future anniversaries. If portions of the reinsured policy have been ceded to more than one reinsurer, the 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 new maximum dollar retention limits had been in effect at the time of issue. The amount of reinsurance eligible for recapture is based on the current amount at risk as of the date of recapture. For a policy issued as a result of an internal exchange, conversion or re-entry, the recapture terms of the reinsurance agreement covering the original policy will apply, and the duration period for the purpose of recapture will be measured from the effective date of the reinsurance on the original policy. 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 Company has overlooked. END OF ARTICLE IX.

Appears in 1 contract

Sources: Reinsurance Agreement (Nationwide VL Separate Account-G)

Recapture. 1) Whenever the The Ceding Company increases may increase its maximum retention limits over the maximum retention limits set forth in Exhibit AI and therefore "Recapture" a portion of the reinsured risk if the following conditions have been met. 1. Reinsured Polices are not eligible for Recapture until the end of 20 years, the Company has the option to recapture certain risk amountsmeasured from each such Reinsured Policy's effective date. 2. The amount eligible for recapture will be the difference between the amount originally retained and the amount the company would have retained on the same quota share basis had the new maximum retention limits been in effect at the time of issue. 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 prior to the policy anniversary specified in Exhibit C.. 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 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. If portions this Agreement utilizes a "quota share" method of allocating the reinsured risk and the Ceding Company recaptures a portion of the reinsured policy have been risk, it must apply the same percentage ceded to more than one reinsurer, the Company must allocate the reduction in reinsurance so that each reinsurer when determining the amount reinsured by each reinsurer after the reduction is proportionately the same as if the new maximum dollar retention limits had been in effect at the time of issue. The amount of reinsurance eligible for recapture is based on the current amount at risk as of the date of recapture. After the effective date of recapture, the Reinsurer will not to be liable for any reinsured policies or portions of such reinsured policies eligible for recapture that the Company has overlooked. END OF ARTICLE IXrecaptured.

Appears in 1 contract

Sources: Reinsurance Agreement (Ameritas Variable Separate Account V)

Recapture. 1) Whenever the The Company increases 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 AC-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 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; and 8.2.5 Other than as respects bona fide catastrophe or financial reinsurance arrangements, the Company has will retain all risks so recaptured and is prohibited from ceding in any form any of the option recaptured business without the Reinsurer's prior written consent. In applying its increased Retention Limits to recapture certain risk amounts. The amount eligible for recapture will be Reinsured Policies, the difference between the amount originally retained age and the amount the company would have retained on the same quota share basis had the new maximum retention limits been in effect mortality rating at the time of issue. a. The Company must give the Reinsurer ninety (90) days written notice prior to its intended date of 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 issue will be made prior used to determine the policy anniversary specified in Exhibit C. c. If any reinsured policy is recaptured, all reinsured policies eligible for recapture under the provisions amount of this Article must be recaptured up to the Company's new increased maximum retention limits in a consistent manner and the Company must increase its total amount of insurance on each reinsured life. The Company may not revoke its election to recapture for policies becoming eligible at future anniversaries. If portions of the reinsured policy have been ceded to more than one reinsurer, the 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 new maximum dollar retention limits had been in effect at the time of issueretention. The amount of reinsurance eligible for recapture is based on the current reinsurance net amount at risk as of the date of recapture. After 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 Company has overlooked. END OF ARTICLE IXThe 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 Company transfers business which is reinsured under this Agreement to a successor company, then the successor company has the option to recapture the reinsurance, in accordance with the recapture criteria outlined in this Article, only if the successor company has or adopts a higher retention limit than 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 Reinsurer of 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. 1) 11.1 Whenever the Ceding Company increases its maximum retention limits over the maximum retention limits set forth in Exhibit A, the Company Ceding Company, through the Administrator, has the option to recapture certain risk amounts. The amount eligible If the Ceding Company has maintained its maximum stated retention (not a special retention limit) for recapture will be the difference between plan and the insured’s issue age, sex, and mortality classification, it may apply its increased retention limits to reduce the amount originally retained and the amount the company would have retained on the same quota share basis had the new maximum retention limits been of reinsurance in effect at the time of issueforce as follows. a. (a) The Company Ceding Company, through the Administrator, must give the Reinsurer ninety MARC 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 prior to the until a policy anniversary specified has been in Exhibit C.force for at least twenty (20) 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 on each reinsured life. The Ceding Company may not revoke its election to recapture for policies becoming eligible at future anniversaries. If portions of the reinsured policy have been ceded to more than one reinsurer, the Company Ceding Company, 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 new maximum dollar retention limits had been in effect at the time of issue. The amount of reinsurance eligible for recapture is based on the current amount at risk as of the date of recapture. For a policy issued as a result of exchange, conversion, or re-entry, the recapture terms of the reinsurance agreement covering the original policy will apply, and the duration period for the purpose of recapture will be measured from the effective date of the reinsurance on the original policy. 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. END OF ARTICLE IXNo recapture will be permitted if the Ceding Company has either obtained or increased stop loss reinsurance coverage as justification for the increase in retention limits.

Appears in 1 contract

Sources: Automatic Yrt Second Excess Reinsurance Agreement (First Trinity Financial CORP)

Recapture. 1) Whenever If the Ceding Company increases its maximum retention limits over the maximum retention limits set forth Maximum Dollar Retention Limits shown in Exhibit Section 3 of Schedule A, then it may, with 90 days’ written notice to the Company has Reinsurer, reduce or recapture the option reinsurance in force subject to recapture certain risk amounts. The amount the following requirements: 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 effective date of the reduction in reinsurance will be the difference between the amount originally retained and the amount the company would have retained on the same quota share basis had the new maximum retention limits been in effect at the time of issue. a. The Company must give the Reinsurer ninety (90) days written notice prior to its intended date later of the commencement first policy anniversary following the expiration of recapture. b. The reduction of reinsurance on affected policies will become effective on 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 prior to the policy anniversary specified in Exhibit C.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 Company's new maximum 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 Company must increase its total amount of insurance 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. If portions . v. Recapture of reinsurance will not be allowed on any policy for which the reinsured policy have been ceded to 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 new maximum dollar retention limits had been in effect did not keep its Maximum Dollar Retention Limit at the time of issue. The amount Ceding Company’s Maximum Dollar Retention Limits are stated in Section 3 of reinsurance Schedule A. vi. If any policy eligible for recapture is based also eligible for recapture from other reinsurers, the reduction in the Reinsurer’s reinsurance on that policy will be in proportion to the total amount of reinsurance on the current 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. After The Reinsurer maintains the discretion to determine when anti-selection has occurred. viii. 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 pay to the Ceding Company any amount representing the reserve held on the business. Payment of amounts specified in the terminal accounting will be liable for any reinsured policies or portions of such reinsured policies eligible for recapture that the Company has overlooked. END OF ARTICLE IXReinsurer’s full and final payment to the Ceding Company.

Appears in 1 contract

Sources: Reinsurance Agreement (Kansas City Life Insurance Co)

Recapture. 1) Whenever the Company increases its maximum retention limits over the maximum retention limits set forth in Exhibit AIn addition to any other recapture rights provided herein, the 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. The amount eligible for recapture will be the difference between the amount originally retained and the amount the company Company would have retained on the same quota share basis had the new maximum retention limits schedule been in effect at the time of issue.. The Company may apply its increased retention limits to reduce the amount of reinsurance in force as follows: a. The Company must give the Reinsurer ninety (90) days written notice prior to its intended date of 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 prior to the policy anniversary specified in Exhibit C.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 Company's ’s new maximum retention limits in a consistent manner and the Company must increase its total amount of insurance on each reinsured life. The Company may not revoke its election to recapture for policies becoming eligible at future anniversaries. When performed in accordance with the terms of this Agreement, there shall be no fee or penalty to the Company for exercising the Company’s increase in retention and recapture rights. If portions of the reinsured policy have been ceded to more than one reinsurer, the 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 new maximum dollar retention limits had been in effect at the time of issue. The amount of reinsurance eligible for recapture is based on the current amount at risk as of the date of recapture. For a policy issued as a result of exchange, conversion, or re-entry, the recapture terms of the reinsurance agreement covering the original policy will apply, and the duration period for the purpose of recapture will be measured from the effective date of the reinsurance on the original policy. 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 Company has overlooked. END OF ARTICLE IX.

Appears in 1 contract

Sources: Automatic Coinsurance Agreement (Vericity, Inc.)

Recapture. 1) Whenever the The Ceding Company increases may increase its maximum retention limits over the maximum retention limits set forth in Exhibit A, I and therefore "Recapture" a portion of the Company has reinsured risk if the option to recapture certain risk amountsfollowing conditions have been met. 1. Reinsured Polices are not eligible for Recapture until the end of [*] years from each such Reinsured Policy's effective date. 2. The amount eligible for recapture will be the difference between the amount originally retained and the amount the company would have retained on the same quota share basis had the new maximum retention limits been in effect at the time of issue. 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 prior to the policy anniversary specified in Exhibit C.. 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 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. If portions this Agreement utilizes a "quota share" method of allocating the reinsured risk and the Ceding Company recaptures a portion of the reinsured policy have been risk, it must apply the same percentage ceded to more than one reinsurer, the Company must allocate the reduction in reinsurance so that each reinsurer when determining the amount reinsured by each reinsurer after the reduction is proportionately the same as if the new maximum dollar retention limits had been in effect at the time of issue. The amount of reinsurance eligible for recapture is based on the current amount at risk as of the date of recapture. After the effective date of recapture, the Reinsurer will not to be liable for any reinsured policies or portions of such reinsured policies eligible for recapture that the Company has overlooked. END OF ARTICLE IXrecaptured .

Appears in 1 contract

Sources: Reinsurance Agreement (Ameritas Variable Separate Account V)

Recapture. 1) 12.1 Whenever the Company Ceding Company, pursuant to Article 11, increases its maximum retention limits over the maximum retention limits set forth in Exhibit AA - Retention Limits of the Ceding Company, the Ceding Company has the option to recapture certain risk amounts. The amount eligible If the Ceding Company has maintained its stated retention for recapture will be the difference between 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 originally retained and the amount the company would have retained on the same quota share basis had the new maximum retention limits been of reinsurance in effect at the time of issue.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 prior to the until a policy anniversary specified has been in Exhibit C.force for a duration of at least [number] 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 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. If portions 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 reinsured policy have been ceded to more than one reinsurerReinsurer that has met the duration requirement in clause (b) above, the Company must allocate the reduction in reinsurance so that the amount reinsured by each reinsurer after the reduction is proportionately the same revised Reinsured Net Amount at Risk shall be determined using Ceding Company's Retained Share as if the new maximum dollar retention limits policy were eligible for recapture from all reinsurers who have a share of the risk on that policy (or who had been 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 effect at Exhibit A as if the time policy were not eligible for recapture by any of issuethe reinsurers who have or had a share of the risk on the policy. The amount of reinsurance eligible for recapture is based on the current amount Net Amount at risk Risk as of the date of recapture. After 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 overlookedoverlooked inadvertently. END OF ARTICLE IXIf 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. 1The Company may apply an increase in its Retention Limit to reduce the ceded amount of inforce reinsurance provided that a) Whenever The Company gives the Company increases Reinsurer irrevocable written notice of its maximum retention limits over intention to recapture; and b) Recapture will be effected on the maximum retention limits set forth next anniversary of each Reinsured Policy eligible for recapture unless agreed otherwise by both parties and with no recapture being made until the Reinsured Policy has been in force for the period specified in Exhibit AC-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 the original policy; and c) The Company has maintained, from the option time the policy was issued, its full retention as set out in Exhibit D, and has applied its increased Retention Limit to recapture certain risk amountsall 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. The amount of reinsurance eligible for recapture will be the difference between the amount originally retained and the amount the company Company would have retained on the same quota share basis had the new maximum retention limits been in effect at the time of issue. a. The Company must give the Reinsurer ninety (90) days written notice prior to its intended date of 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 prior to the policy anniversary specified in Exhibit 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 Company's new maximum retention limits in a consistent manner and the Company must increase its total amount of insurance on each reinsured life. The Company may not revoke its election to recapture for policies becoming eligible at future anniversaries. If portions of the reinsured policy have been ceded to more than one reinsurer, the 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 new maximum dollar retention limits had been in effect at the time of issue. The amount of reinsurance eligible for recapture is will be determined based on the current reinsurance net amount at risk as of the date of recapture. After If there is reinsurance with other reinsurers on risks eligible for recapture, the effective 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 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 recapturethe 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 date, the Reinsurer will not be liable for any reinsured policies or portions of such reinsured policies eligible for recapture that the Company has business which was overlooked. END OF ARTICLE IXThe parties' obligations for any recaptured business will be limited to those relating to events or circumstances arising or occurring before the recapture date. Upon recapture, each party will be deemed to be fully and finally released from all obligations under this Agreement with respect to the recaptured business.

Appears in 1 contract

Sources: Reinsurance Agreement (Nationwide VLI Separate Account-7)

Recapture. 1) 12.1 Whenever the Company Ceding Company, pursuant to Article 11, increases its maximum retention limits over the maximum retention limits set forth in Exhibit AA - Retention Limits of the Ceding Company, the Ceding Company has the option to recapture certain risk amounts. The amount eligible If the Ceding Company has maintained its stated retention for recapture will be the difference between 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 originally retained and the amount the company would have retained on the same quota share basis had the new maximum retention limits been of reinsurance in effect at the time of issue.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 prior to the until a policy anniversary specified has been in Exhibit C.force for a duration of at least thirty (30) 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 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. If portions 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 reinsured policy have been ceded to more than one reinsurerReinsurer that has met the duration requirement in clause (b) above, the Company must allocate the reduction in reinsurance so that the amount reinsured by each reinsurer after the reduction is proportionately the same revised Reinsured Net Amount at Risk shall be determined using Ceding Company's Retained Share as if the new maximum dollar retention limits policy were eligible for recapture from all reinsurers who have a share of the risk on that policy (or who had been 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 effect at Exhibit A as if the time policy were not eligible for recapture by any of issuethe reinsurers who have or had a share of the risk on the policy. The amount of reinsurance eligible for recapture is based on the current amount Net Amount at risk Risk as of the date of recapture. After 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 overlookedoverlooked inadvertently. END OF ARTICLE IXIf 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. 1) 12.1 Whenever the Company Ceding Company, pursuant to Article 11, increases its maximum retention limits over the maximum retention limits set forth in Exhibit AA - Retention Limits of the Ceding Company, the Ceding Company has the option to recapture certain risk amounts. The amount eligible If the Ceding Company has maintained its maximum stated retention for recapture will be the difference between plan and the insured's age, sex, and mortality classification 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 originally retained and the amount the company would have retained on the same quota share basis had the new maximum retention limits been of reinsurance in effect at the time of issue.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 prior to the until a policy anniversary specified has been in Exhibit C.force for a duration of at least [number] 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 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. If portions 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 reinsured policy have been ceded to more than one reinsurerReinsurer that has met the duration requirement in clause (b) above, the Company must allocate the reduction in reinsurance so that the amount reinsured by each reinsurer after the reduction is proportionately the same revised Reinsured Net Amount at Risk shall be determined using Ceding Company's Retained Share as if the new maximum dollar retention limits policy were eligible for recapture from all reinsurers who have a share of the risk on that policy (or who had been 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 effect at Exhibit A as if the time policy were not eligible for recapture by any of issuethe reinsurers who have or had a share of the risk on the policy. The amount of reinsurance eligible for recapture is based on the current amount Net Amount at risk Risk as of the date of recapture. After For a policy issued as a result of a 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 overlookedoverlooked inadvertently. END OF ARTICLE IXIDSL-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. 1) 12.1 Whenever the Company Ceding Company, pursuant to Article 11, increases its maximum retention limits over the maximum retention limits set forth in Exhibit AA - Retention Limits of the Ceding Company, the Ceding Company has the option to recapture certain risk amounts. The amount eligible If the Ceding Company has maintained its maximum stated retention for recapture will be the difference between plan and the insured's age, sex, and mortality classification 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 originally retained and the amount the company would have retained on the same quota share basis had the new maximum retention limits been of reinsurance in effect at the time of issue.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 prior to the until a policy anniversary specified has been in Exhibit C.force for a duration of at [duration]. 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. If portions 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 reinsured policy have been ceded to more than one reinsurerReinsurer that has met the duration requirement in clause (b) above, the Company must allocate the reduction in reinsurance so that the amount reinsured by each reinsurer after the reduction is proportionately the same revised Reinsured Net Amount at Risk shall be determined using Ceding Company's Retained Share as if the new maximum dollar retention limits policy were eligible for recapture from all reinsurers who have a share of the risk on that policy (or who had been 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 effect at Exhibit A as if the time policy were not eligible for recapture by any of issuethe reinsurers who have or had a share of the risk on the policy. The amount of reinsurance eligible for recapture is based on the current amount Net Amount at risk Risk as of the date of recapture. After the effective date For a policy issued as a result of recapturea fully-underwritten exchange, the Reinsurer policy date and current duration of the new policy and the recapture provisions under this Agreement will not be liable for any reinsured policies or portions of such reinsured policies eligible for recapture that the Company has overlooked. END OF ARTICLE IXused.

Appears in 1 contract

Sources: Reinsurance Agreement (Ids Life of New York Account 8)

Recapture. 1) 12.1 Whenever the Ceding Company increases its maximum retention limits over the maximum retention limits set forth in Exhibit AA - Retention Limits of the Ceding Company, the Ceding Company has the option to recapture certain risk amounts. The amount eligible If the Ceding Company has maintained its maximum stated retention (not a special retention limit) for recapture will be the difference between plan and the insured's age, sex, and mortality classification, it may apply its increased retention limits to reduce the amount originally retained and the amount the company would have retained on the same quota share basis had the new maximum retention limits been of reinsurance in effect at the time of issue.force as follows: a. (a) The Ceding Company must give the Reinsurer ninety (90) 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 prior to the until a policy anniversary specified has been in Exhibit C.force for at least [number] 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 new maximum retention limits in a consistent manner and the Ceding Company must increase its total amount of insurance on each reinsured life. The Ceding Company may not revoke its election to recapture for policies becoming eligible at future anniversaries. If portions of the reinsured policy have been ceded to more than one reinsurer, the Ceding Company must allocate the reduction in reinsurance among all the reinsurers so that the amount reinsured by each reinsurer after relationship of the reduction is proportionately total reinsurance among the same as if reinsurers in any given layer does not change due to the new maximum dollar retention limits had been in effect at the time of issuerecapture. The amount of reinsurance eligible for recapture is based on the current net amount at risk as of the date of recapture. For a policy issued as a result of a fully-underwritten exchange, the policy date and the current duration of the new policy and the recapture provisions under this Agreement will be used. 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. END OF ARTICLE IXIf 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 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. 1) Whenever . If the Company CEDING COMPANY increases its maximum regular retention limits over the maximum retention limits set forth in Exhibit Alimits, the Company it has the option to recapture certain risk amounts. The amount eligible for recapture will be the difference between the amount originally retained and the amount the company would have retained on the same quota share basis had the new maximum retention limits been in effect at the time of issue.reducing reinsurance under this Agreement, provided it: a. The Company must give applies the Reinsurer increase in retention in a consistent manner to all categories of its regular retention limits; b. notifies the REINSURER in writing of its intention to start the recapture process within ninety (90) days written notice prior to its intended date of 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 prior to the policy anniversary specified in Exhibit 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 Company's new maximum retention limits in a consistent manner and the Company must increase its total amount of insurance on each reinsured life. The Company may not revoke its election to recapture for policies becoming eligible at future anniversaries. If portions of the reinsured policy have been ceded to more than one reinsurer, the 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 new maximum dollar retention limits had been in effect at the time of issue. The amount of reinsurance eligible for recapture is based on the current amount at risk as of the date of recapture. After the effective date of the increase in retention; and c. reduces all reinsurance eligible for recapture, including any supplementary benefits. 2. If the Reinsurer 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 that risk has been in force with the REINSURER for at least the number of years stated in Exhibit D. 3. The CEDING COMPANY will not 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. 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 premium disability on that person, the 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 any reinsurance and the REINSURER subsequently accepts reinsurance premiums on such reinsurance, the REINSURER will only be liable for the refund of unearned premiums, less any reinsured policies or portions of such reinsured policies eligible for recapture that the Company has overlooked. END OF ARTICLE IXallowances and premium taxes if applicable, without interest.

Appears in 1 contract

Sources: Reinsurance Agreement (Mony America Variable Account L)

Recapture. 1) Whenever The Company may apply its increased retention limits to reduce the amount of in force Reinsured Policies provided: 8.2.1 The Company gives the Reinsurer written notice of its intention to recapture within 90 days of the effective date of the retention 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 increases its maximum retention limits over and the maximum retention limits set forth Reinsurer and with no recapture being made until the Reinsured Policy has been in force for the period stated in Exhibit AC. 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 option to recapture certain risk amounts. The amount eligible time the policy was issued, its full retention as set out in Exhibit D for recapture will be the difference between the amount originally retained plan and the amount the company would have retained insured's classification. Reinsured policies on the same a first dollar quota share basis had 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 new maximum retention limits been in effect Reinsurer. In applying its increased Retention Limits to Reinsured Policies, the age and mortality rating at the time of issue. a. The Company must give issue will be used to determine the Reinsurer ninety (90) days written notice prior to its intended date amount of the commencement of recapture. b. The reduction of reinsurance on affected policies will become effective on Company's increased retention. Recapture as provided herein is optional with the policy anniversary date immediately following the notice of election to recapture; howeverCompany, no reduction will be made prior to the policy anniversary specified in Exhibit C. 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 Company's new maximum retention limits in a consistent manner and the Company must increase its total amount of insurance on each reinsured life. The Company may not revoke its election to recapture for policies becoming eligible at future anniversaries. If portions of the reinsured policy have been ceded to more than one reinsurer, the 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 new maximum dollar retention limits had been in effect at the time of issueoutstanding reinsurance. The amount of reinsurance eligible for recapture is based on the current reinsurance net amount at risk as of the date of recapture. After 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 effective date Company has either obtained or increased stop loss reinsurance coverage as justification for the increase in retention. If there is a Waiver of recapturePremium (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 Company has overlooked. END OF ARTICLE IXThe 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 company transfers business which is reinsured under this Agreement to a successor company, then the successor company has the option to recapture the reinsurance, in accordance with the recapture criteria outlined in this Article, only if the successor company has or adopts a higher retention limit than the Company.

Appears in 1 contract

Sources: Reinsurance Agreement (Nationwide Vli Separate Account 5)

Recapture. At any time during the term of the Agreement, PRUCO may elect to recapture in full the coverage reinsured under this Agreement following the occurrence of either of the following events: (1) Whenever 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 Company 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 maximum retention limits over in the maximum retention limits set forth in Exhibit Afor PRUCO and all of its affiliates, collectively, subsequent to the Company has the option to recapture certain risk amountsdate of policy issue. The amount eligible for recapture will be the difference between the amount originally retained and the amount the company would have retained on the same quota share basis had the new These maximum retention limits been as of the effective date of this Agreement are equal to the amounts shown in effect at the time Risk Retention Limits table shown in Schedule A. The portion of issue. a. The Company must give the Reinsurer ninety (90) days 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 portion that may be recaptured from ANNUITY & LIFE RE would be determined as ANNUITY & LIFE RE’s prorata share of the total portion reinsured with all reinsurers. If PRUCO elects to recapture the risks ceded to ANNUITY & LIFE RE under this Agreement as stated above, it will do so by giving written notice prior to its intended date ANNUITY & LIFE RE. Upon the delivery of such notice, all of the commencement risks previously ceded under each of recapture. b. The reduction the policies subject to this Agreement shall be recaptured, effective as 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 prior to the policy anniversary specified in Exhibit C. c. PRUCO’s notice. If any reinsured PRUCO does not specify in the written notice the date that such recapture is to be effective, then the recapture shall be effective immediately upon ANNUITY & LIFE RE’s receipt of the notice. If a policy is recaptured, all reinsured policies eligible for recapture under ANNUITY & LIFE RE will pay PRUCO the provisions of this Article must be recaptured up to the Company's new maximum retention limits in a consistent manner and the Company must increase its total amount of insurance on each reinsured life. The Company may not revoke its election to recapture for policies becoming eligible at future anniversaries. If portions of the reinsured policy have been ceded to more than one reinsurer, the Company must allocate the reduction in unearned reinsurance so that the amount reinsured by each reinsurer after the reduction is proportionately the same as if the new maximum dollar retention limits had been in effect at the time of issue. The amount of reinsurance eligible for recapture is based on the current amount at risk premium as of the date of recapture. After ANNUITY & LIFE RE shall not be liable, under this 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 Company has overlooked. END OF ARTICLE IX.

Appears in 1 contract

Sources: Reinsurance Agreement (Pruco Life Variable Universal Account)

Recapture. 1) Whenever If the Ceding Company increases its maximum retention limits over the maximum retention limits set forth Maximum Dollar Retention Limits listed in Exhibit Section 3 of Schedule A, then it may, with 90 days' written notice to the Company has Reinsurer, reduce or recapture the option reinsurance in force subject to recapture certain risk amounts. The amount the following requirements: 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 effective date of the reduction in reinsurance will be the difference between the amount originally retained and the amount the company would have retained on the same quota share basis had the new maximum retention limits been in effect at the time of issue. a. The Company must give the Reinsurer ninety (90) days written notice prior to its intended date later of the commencement first policy anniversary following the expiration of recapture. b. The reduction of reinsurance on affected policies will become effective on 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 prior to the policy anniversary specified in Exhibit C.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 Company's new maximum 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 Company must increase its total amount of insurance 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. If portions . v. Recapture of reinsurance will not be allowed on any policy for which the reinsured policy have been ceded to 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 new maximum dollar retention limits had been in effect did not keep its Maximum Dollar Retention Limit at the time of issue. The amount Ceding Company's Maximum Dollar Retention Limits are stated in Section 3 of reinsurance Schedule A. vi. If any policy eligible for recapture is based also eligible for recapture from other reinsurers, the reduction in the Reinsurer's reinsurance on that policy will be in proportion to the total amount of reinsurance on the current amount at risk as of the date of recapturelife with all reinsurers. vii. After 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 Company Reinsurer. The Reinsurer maintains the discretion to determine when anti-selection has overlooked. END OF ARTICLE IXoccurred.

Appears in 1 contract

Sources: Reinsurance Agreement (National Variable Life Insurance Account)

Recapture. 1) 11.1 Whenever the Ceding Company increases its maximum retention limits over the maximum retention limits set forth in Exhibit A, the Ceding Company has the option to recapture certain risk amounts. The amount eligible If the Ceding Company has maintained its maximum stated retention (not a special retention limit) for recapture will be the difference between plan and the insured's issue age, sex, and mortality classification, it may apply its increased retention limits to reduce the amount originally retained and the amount the company would have retained on the same quota share basis had the new maximum retention limits been of reinsurance in effect at the time of issueforce as follows. a. (a) The Ceding Company must give the Reinsurer ninety MARC 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 prior to the until a policy anniversary specified has been in Exhibit C.force for at least twenty (20) 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 new maximum retention limits in a consistent manner and the Ceding Company must increase its total amount of insurance on each reinsured life. The Ceding Company may not revoke its election to recapture for policies becoming eligible at future anniversaries. If portions of the reinsured policy have been ceded to 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 new maximum dollar retention limits had been in effect at the time of issue. The amount of reinsurance eligible for recapture is based on the current amount at risk as of the date of recapture. For a policy issued as a result of exchange, conversion, or re-entry, the recapture terms of the reinsurance agreement covering the original policy will apply, and the duration period for the purpose of recapture will be measured from the effective date of the reinsurance on the original policy. 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, provided however that MARC will be liable for a refund in full of any premium so received. END OF ARTICLE IXNo recapture will be permitted if the Ceding Company has either obtained or increased stop loss reinsurance coverage as justification for the increase in retention limits. 15 -------------------------------------------------------------------------------- [GRAPHIC OMITTED] MARC MUNICH RE GROUP

Appears in 1 contract

Sources: Automatic Yrt Reinsurance Agreement (Jackson National Separate Account Iv)

Recapture. 1) 11.1 Whenever the Ceding Company increases its maximum retention limits over the maximum retention limits set forth in Exhibit A, the Ceding Company has the option to recapture certain risk amounts. The amount eligible If the Ceding Company has maintained its maximum stated retention (not a special retention limit) for recapture will be the difference between plan and the insured's issue age, sex, and mortality classification, it may apply its increased retention limits to reduce the amount originally retained and the amount the company would have retained on the same quota share basis had the new maximum retention limits been of reinsurance in effect at the time of issueforce as follows. a. (a) The Ceding Company must give the Reinsurer ninety MARC 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 prior to until a policy has been in force for at least the policy anniversary number of years specified in Exhibit C.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 new maximum retention limits in a consistent manner and the Ceding Company must increase its total amount of insurance on each reinsured life. The Ceding Company may not revoke its election to recapture for policies becoming eligible at future anniversaries. If portions of the reinsured policy have been ceded to 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 new maximum dollar retention limits had been in effect at the time of issue. The amount of reinsurance eligible for recapture is based on the current amount at risk as of the date of recapture. For a policy issued as a result of exchange, conversion, or re-entry, the recapture terms of the reinsurance agreement covering the original policy will apply, and the duration period for the purpose of recapture will be measured from the effective date of the reinsurance on the original policy. 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, provided however that MARC will be liable for a refund in full of any premium so received. END OF ARTICLE IXNo recapture will be permitted if the Ceding Company has either obtained or increased stop loss reinsurance coverage as justification for the increase in retention limits.

Appears in 1 contract

Sources: Automatic Yrt Reinsurance Agreement (Jackson National Separate Account Iv)

Recapture. 1The Company may apply an increase in its Retention Limit to reduce the ceded amount of inforce reinsurance provided that: a) Whenever The Company gives the Company increases Reinsurer irrevocable written notice of its maximum retention limits over intention to recapture; and b) Recapture will be effected on the maximum retention limits set forth next anniversary of each Reinsured Policy eligible for recapture unless agreed otherwise by both parties and with no recapture being made until the Reinsured Policy has been in force for the period specified in Exhibit AC-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 the original policy; and c) The Company has maintained, from the option time the policy was issued, its full retention as set out in Exhibit D, and has applied its increased Retention Limit to recapture certain risk amountsall 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. The amount of reinsurance eligible for recapture will be the difference between the amount originally retained and the amount the company Company would have retained on the same quota share basis had the new maximum retention limits been in effect at the time of issue. a. The Company must give the Reinsurer ninety (90) days written notice prior to its intended date of 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 prior to the policy anniversary specified in Exhibit 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 Company's new maximum retention limits in a consistent manner and the Company must increase its total amount of insurance on each reinsured life. The Company may not revoke its election to recapture for policies becoming eligible at future anniversaries. If portions of the reinsured policy have been ceded to more than one reinsurer, the 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 new maximum dollar retention limits had been in effect at the time of issue. The amount of reinsurance eligible for recapture is will be determined based on the current reinsurance net amount at risk as of the date of recapture. After If there is reinsurance with other reinsurers on risks eligible for recapture, the effective 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 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 recapturethe recapture date, the Reinsurer will not be liable for any reinsured policies or portions of such reinsured policies eligible for recapture that the Company has business which was overlooked. END OF ARTICLE IXThe parties’ obligations for any recaptured business will be limited to those relating to events or circumstances arising or occurring before the recapture date. Upon recapture, each party will be deemed to be fully and finally released from all obligations under this Agreement with respect to the recaptured business.

Appears in 1 contract

Sources: Reinsurance Agreement (Thrivent Variable Life Account I)

Recapture. 112.1 Recapture is not available until the end of the tenth (10th) Whenever policy year and then must be in conjunction with an increase in the Company increases its Ceding Company’s maximum retention limits over the maximum retention limits set forth in Exhibit A, the Company has the option to recapture certain risk amountsschedule of retention. The amount eligible for recapture will be the difference between the amount originally retained and the amount the company Ceding Company would have retained on the same quota share basis had the new maximum retention limits 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 issue age, sex, and mortality classification, 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 the commencement of to commence 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 prior to the until a policy anniversary specified has been in Exhibit C.force for 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 ’s new maximum retention limits in a consistent manner and the Ceding Company must increase its total amount of insurance on each reinsured life. The Ceding Company may not revoke its election to recapture for policies becoming eligible at future anniversaries. If portions of the reinsured policy have been ceded to 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 new maximum dollar retention limits had been in effect at the time of issue. The amount of reinsurance eligible for recapture is based on the current amount at risk as of the date of recapture. For a policy issued as a result of exchange, conversion, or re-entry, the recapture terms of the reinsurance agreement covering the original policy will apply, and the duration period for the purpose of recapture will be measured from the effective date of the reinsurance on the original policy. 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. END OF ARTICLE IXThe 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 to recapture reinsured policies, as made necessary by the insolvency of the Reinsurer, are set forth in Article 16.2. No recapture will be permitted if the Ceding Company has either obtained or increased stop loss reinsurance coverage as justification for the increase in retention limits.

Appears in 1 contract

Sources: Yearly Renewable Term Reinsurance Agreement (American National Variable Life Separate Account)

Recapture. 1) Whenever the The Company increases 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 AC-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 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; and 8.2.5 Other than as respects bona fide catastrophe or financial reinsurance arrangements, the Company has will retain all risks so recaptured and is prohibited from ceding in any form any of the option recaptured business without the Reinsurer's prior written consent. In applying its increased Retention Limits to recapture certain risk amounts. The amount eligible for recapture will be Reinsured Policies, the difference between the amount originally retained age and the amount the company would have retained on the same quota share basis had the new maximum retention limits been in effect mortality rating at the time of issue. a. The Company must give the Reinsurer ninety (90) days written notice prior to its intended date of 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 issue will be made prior used to determine the policy anniversary specified in Exhibit C. c. If any reinsured policy is recaptured, all reinsured policies eligible for recapture under the provisions amount of this Article must be recaptured up to the Company's new increased maximum retention limits in a consistent manner and the Company must increase its total amount of insurance on each reinsured life. The Company may not revoke its election to recapture for policies becoming eligible at future anniversaries. If portions of the reinsured policy have been ceded to more than one reinsurer, the 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 new maximum dollar retention limits had been in effect at the time of issueretention. The amount of reinsurance eligible for recapture is based on the current reinsurance net amount at risk as of the date of recapture. After 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. The Reinsurer will not be 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 Company has overlooked. END OF ARTICLE IXThe 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 Company transfers business which is reinsured under this Agreement to a successor company, then the successor company has the option to recapture the reinsurance, in accordance with the recapture criteria outlined in this Article, only if the successor company has or adopts a higher retention limit than the Company.

Appears in 1 contract

Sources: Reinsurance Agreement (Jackson National Separate Account Iv)

Recapture. 1) 12.1 Whenever the Ceding Company increases its maximum retention limits over the maximum retention limits set forth in Exhibit AA - Retention Limits of the Ceding Company, the Ceding Company has the option to recapture certain risk amounts. The amount eligible If the Ceding Company has maintained its maximum stated retention (not a special retention limit) for recapture will be the difference between plan and the insured's age, sex, and mortality classification, it may apply its increased retention limits to reduce the amount originally retained and the amount the company would have retained on the same quota share basis had the new maximum retention limits been of reinsurance in effect at the time of issue.force as follows: a. (a) The Ceding Company must give the Reinsurer ninety (90) 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 prior to the until a policy anniversary specified has been in Exhibit C.force for at least 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 new maximum retention limits in a consistent manner and the Ceding Company must increase its total amount of insurance on each reinsured life. The Ceding Company may not revoke its election to recapture for policies becoming eligible at future anniversaries. If portions of the reinsured policy have been ceded to more than one reinsurer, the Ceding Company must allocate the reduction in reinsurance among all the reinsurers so that the amount reinsured by each reinsurer after relationship of the reduction is proportionately total reinsurance among the same as if reinsurers in any given layer does not change due to the new maximum dollar retention limits had been in effect at the time of issuerecapture. The amount of reinsurance eligible for recapture is based on the current net amount at risk as of the date of recapture. For a policy issued as a result of a fully-underwritten exchange, the policy date and the current duration of the new policy and the recapture provisions under this Agreement will be used. 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. END OF ARTICLE IXIf 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 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. 1) 12.1 Whenever the Ceding Company increases its maximum retention limits over the maximum retention limits set forth in Exhibit AA - Retention Limits of the Ceding Company, the Ceding Company has the option to recapture certain risk amounts. The amount eligible If the Ceding Company has maintained its maximum stated retention (not a special retention limit) for recapture will be the difference between plan and the insured's age, sex, and mortality classification, it may apply its increased retention limits to reduce the amount originally retained and the amount the company would have retained on the same quota share basis had the new maximum retention limits been of reinsurance in effect at the time of issue.force as follows: a. (a) The Ceding Company must give the Reinsurer ninety (90) 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 prior to the until a policy anniversary specified has been in Exhibit C.force for at least [number] 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 new maximum retention limits in a consistent manner and the Ceding Company must increase its total amount of insurance on each reinsured life. The Ceding Company may not revoke its election to recapture for policies becoming eligible at future anniversaries. If portions of the reinsured policy have been ceded to more than one reinsurer, the Ceding Company must allocate the reduction in reinsurance among all the reinsurers so that the amount reinsured by each reinsurer after relationship of the reduction is proportionately total reinsurance among the same as if reinsurers in any given layer does not change due to the new maximum dollar retention limits had been in effect at the time of issuerecapture. The amount of reinsurance eligible for recapture is based on the current net amount at risk as of the date of recapture. For a policy issued as a result of a fully-underwritten exchange, the policy date and the current duration of the new policy and the recapture provisions under this Agreement will be used. 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. END OF ARTICLE IXIf 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 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. 1) Whenever the Company increases its maximum retention limits over the maximum retention limits set forth in Exhibit A, the Company has the option to recapture certain risk amounts. The amount eligible If the Company has maintained its maximum stated retention (not a special retention limit) for recapture will be the difference between plan and insured's age, sex, and mortality classification, it may apply its increased retention limits to reduce the amount originally retained and the amount the company would have retained on the same quota share basis had the new maximum retention limits been of reinsurance in effect at the time of issueforce as follows. a. 1. The 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 prior to the until a policy anniversary specified has been in Exhibit C.force for 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 Company's new maximum retention limits in a consistent manner and the Company must increase its total amount of insurance on each reinsured life. The Company may not revoke its election to recapture for policies becoming eligible at future anniversaries. If portions of the reinsured policy have been ceded to more than one reinsurer, the Company must allocate the reduction in on reinsurance so that the amount reinsured by each reinsurer after the reduction is proportionately the same as if the new maximum dollar retention limits had been in effect at the time of issue. The amount of reinsurance eligible for recapture is based on the current amount at risk as of the date of recapture. For a policy issued as a result of exchange, conversion, or re-entry, the recapture terms of the reinsurance Agreement covering the original policy shall apply, and the duration for the purpose of recapture shall be measured from the effective date of the reinsurance on the original policy. 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 Company has overlooked. END OF ARTICLE IXThe terms and conditions for the Company to recapture reinsured policies, as made necessary by the insolvency of the Reinsurer, are set forth in Article 16. No recapture shall be permitted if the Company has either obtained or increased stop loss reinsurance coverage as justification for the increase on retention limits.

Appears in 1 contract

Sources: Reinsurance Agreement (US Alliance Corp)

Recapture. 1) 12.1 Whenever the Company Ceding Company, pursuant to Article 11, increases its maximum retention limits over the maximum retention limits set forth in Exhibit AA - Retention Limits of the Ceding Company, the Ceding Company has the option to recapture certain risk amounts. The amount eligible If the Ceding Company has maintained its stated retention for recapture will be the difference between 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 originally retained and the amount the company would have retained on the same quota share basis had the new maximum retention limits been of reinsurance in effect at the time of issue.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 prior to the until a policy anniversary specified has been in Exhibit C.force for a duration of at least [number] 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 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. If portions 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 reinsured policy have been ceded to more than one reinsurerReinsurer that has met the duration requirement in clause (b) above, the Company must allocate the reduction in reinsurance so that the amount reinsured by each reinsurer after the reduction is proportionately the same revised Reinsured Net Amount at Risk shall be determined using Ceding Company's Retained Share as if the new maximum dollar retention limits policy were eligible for recapture from all reinsurers who have a share of the risk on that policy (or who had been 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 effect at Exhibit A as if the time policy were not eligible for recapture by any of issuethe reinsurers who have or had a share of the risk on the policy. The amount of reinsurance eligible for recapture is based on the current amount Net Amount at risk Risk as of the date of recapture. After 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 overlookedoverlooked inadvertently. END OF ARTICLE IXIf 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. 1The Company may apply an increase in its Retention Limit to reduce the ceded amount of inforce reinsurance provided that: a) Whenever The Company gives the Company increases Reinsurer irrevocable written notice of its maximum retention limits over intention to recapture; and b) Recapture will be effected on the maximum retention limits set forth next anniversary of each Reinsured Policy eligible for recapture unless agreed otherwise by both parties and with no recapture being made until the Reinsured Policy has been in force for the period specified in Exhibit AC-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 the original policy; and c) The Company has maintained, from the option time the policy was issued, its full retention as set out in Exhibit D, and has applied its increased Retention Limit to recapture certain risk amountsall 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. The amount of reinsurance eligible for recapture will be the difference between the amount originally retained and the amount the company Company would have retained on the same quota share basis had the new maximum retention limits been in effect at the time of issue. a. The Company must give the Reinsurer ninety (90) days written notice prior to its intended date of 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 prior to the policy anniversary specified in Exhibit 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 Company's new maximum retention limits in a consistent manner and the Company must increase its total amount of insurance on each reinsured life. The Company may not revoke its election to recapture for policies becoming eligible at future anniversaries. If portions of the reinsured policy have been ceded to more than one reinsurer, the 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 new maximum dollar retention limits had been in effect at the time of issue. The amount of reinsurance eligible for recapture is will be determined based on the current reinsurance net amount at risk as of the date of recapture. After If there is reinsurance with other reinsurers on risks eligible for recapture, the effective 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 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 recapturethe 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 date, the Reinsurer will not be liable for any reinsured policies or portions of such reinsured policies eligible for recapture that the Company has business which was overlooked. END OF ARTICLE IXThe parties’ obligations for any recaptured business will be limited to those relating to events or circumstances arising or occurring before the recapture date. Upon recapture, each party will be deemed to be fully and finally released from all obligations under this Agreement with respect to the recaptured business.

Appears in 1 contract

Sources: Reinsurance Agreement (Thrivent Variable Life Account I)

Recapture. 1) 12.1 Whenever the Company Ceding Company, pursuant to Article 11, increases its maximum retention limits over the maximum retention limits set forth in Exhibit AA - Retention Limits of the Ceding Company, the Ceding Company has the option to recapture certain risk amounts. The amount eligible If the Ceding Company has maintained its stated retention for recapture will be the difference between 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 originally retained and the amount the company would have retained on the same quota share basis had the new maximum retention limits been of reinsurance in effect at the time of issue.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 prior to the until a policy anniversary specified has been in Exhibit C.force for a duration of at least [number] 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 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. If portions 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 reinsured policy have been ceded to more than one reinsurerReinsurer that has met the duration requirement in clause (b) above, the Company must allocate the reduction in reinsurance so that the amount reinsured by each reinsurer after the reduction is proportionately the same revised Reinsured Net Amount at Risk shall be determined using Ceding Company's Retained Share as if the new maximum dollar retention limits policy were eligible for recapture from all reinsurers who have a share of the risk on that policy (or who had been 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 effect at Exhibit A as if the time policy were not eligible for recapture by any of issuethe reinsurers who have or had a share of the risk on the policy. The amount of reinsurance eligible for recapture is based on the current amount Net Amount at risk Risk as of the date of recapture. After 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 overlookedoverlooked inadvertently. END OF ARTICLE IXIf 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. 1The Company may apply an increase in its Retention Limit to reduce the amount of inforce reinsurance ceded on an automatic basis provided that: a) Whenever The Company gives the Reinsurer irrevocable written notice of its intention to recapture; 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 the Reinsured Policy has been in force for the period specified in the applicable Exhibit. 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 c) The Company increases has maintained, from the time the policy was issued, its maximum limit of retention limits over the maximum retention limits as set forth out in Exhibit AD, 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 Company has age and mortality rating at the option time of issue will be used to recapture certain risk amountsdetermine the amount of the Company's increased retention. The amount of reinsurance eligible for recapture will be the difference between the amount originally retained and the amount the company Company would have retained on the same quota share basis had the new maximum retention limits been in effect at the time of issue. a. The Company must give the Reinsurer ninety (90) days written notice prior to its intended date of 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 prior to the policy anniversary specified in Exhibit 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 Company's new maximum retention limits in a consistent manner and the Company must increase its total amount of insurance on each reinsured life. The Company may not revoke its election to recapture for policies becoming eligible at future anniversaries. If portions of the reinsured policy have been ceded to more than one reinsurer, the 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 new maximum dollar retention limits had been in effect at the time of issue. The amount of reinsurance eligible for recapture is will be determined based on the current reinsurance net amount at risk as of the date of recapture. After If there is reinsurance with other reinsurers on risks eligible for recapture, the effective 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 recaptureunderwriting. 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. No reserves for the recaptured business will be paid to the Company by the Reinsurer. (QT 2▇▇▇▇▇▇▇▇) Effective as of the recapture date, 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 Company has overlookedCompany, 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. END OF ARTICLE IXUpon recapture, each party will be deemed to be fully and finally released from all obligations under this Agreement with respect to the recaptured business.

Appears in 1 contract

Sources: Reinsurance Agreement (Ameritas Variable Separate Account V)

Recapture. 1) 12.1 Whenever the Company Ceding Company, pursuant to Article 11, increases its maximum retention limits over the maximum retention limits set forth in Exhibit AA - Retention Limits of the Ceding Company, the Ceding Company has the option to recapture certain risk amounts. The amount eligible If the Ceding Company has maintained its maximum stated retention for recapture will be the difference between plan and the insured's age, sex, and mortality classification 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 originally retained and the amount the company would have retained on the same quota share basis had the new maximum retention limits been of reinsurance in effect at the time of issue.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 prior to the until a policy anniversary specified has been in Exhibit C.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 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. If portions 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 reinsured policy have been ceded to more than one reinsurerReinsurer that has met the duration requirement in clause (b) above, the Company must allocate the reduction in reinsurance so that the amount reinsured by each reinsurer after the reduction is proportionately the same revised Reinsured Net Amount at Risk shall be determined using Ceding Company's Retained Share as if the new maximum dollar retention limits policy were eligible for recapture from all reinsurers who have a share of the risk on that policy (or who had been 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 effect at Exhibit A as if the time policy were not eligible for recapture by any of issuethe reinsurers who have or had a share of the risk on the policy. The amount of reinsurance eligible for recapture is based on the current amount Net Amount at risk Risk as of the date of recapture. After For a policy issued as a result of a 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 overlookedoverlooked inadvertently. END OF ARTICLE IXIDSL 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. 1) Whenever If the Ceding Company increases its Retention, it shall have the 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 C-Retention Schedule of the Ceding Company. 2. The Ceding Company retained its maximum retention limits over limit of Retention for the maximum retention limits set forth plan, age and mortality rating at the time the policy was issued under this Agreement and in accordance with Exhibit A, Retention Schedule of the Ceding Company. 3. All reinsurance eligible for Recapture under the provisions of this Article, must be 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 retention limit at the time of death will apply. 6. After the effective date of Recapture, the Reinsurer will not be liable for any policies or portions of such policies eligible for Recapture that the Ceding Company has overlooked. 7. An increase in quota share will not entitle the option Ceding Company to recapture certain risk amountsa Recapture. To effect Recapture, the Ceding Company must notify the Reinsurer of its intent to 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 Recapture will be the difference between the amount originally retained and the amount the company Ceding Company would have retained on the same quota share basis had the new maximum retention limits Retention schedule been in effect at the time of issue. a. The Company must give the Reinsurer ninety (90) days written notice prior to its intended date of 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 prior to the policy anniversary specified in Exhibit 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 Company's new maximum retention limits in a consistent manner and the Company must increase its total amount of insurance on each reinsured life. The Company may not revoke its election to recapture for policies becoming eligible at future anniversaries. If portions of the reinsured policy have been ceded to more than one reinsurer, the 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 new maximum dollar retention limits had been in effect at the time of issue. The amount of reinsurance eligible for recapture is based on the current amount at risk as of the date of recapture. 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 Company has overlooked. END OF ARTICLE IX

Appears in 1 contract

Sources: Reinsurance Agreement (Minnesota Life Individual Variable Universal Life Account)

Recapture. 1) Whenever the Company changes its limits of retention, it shall promptly notify the Reinsurer. If the Company increases its retention limits, it may exercise its right of recapture and reduce the 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 limits over limit for the maximum retention limits set forth in Exhibit Aplan, the Company has the option to recapture certain risk amounts. The amount eligible for recapture will be the difference between the amount originally retained age and the amount the company would have retained on the same quota share basis had the new maximum retention limits been in effect mortality ratings at the time of issuethe policy was issued. a. 2. The reduction in reinsurance shall be made on the next anniversary of each policy affected. However, no reduction shall be made until a policy has been in-force for ten years. 3. The Company must shall give the Reinsurer ninety (90) days written notice prior of its intention to recapture existing business reinsured under this Agreement in accordance with its intended date new limits of the commencement of recaptureretention. b. The reduction of 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 affected policies will become effective on risks eligible for recapture, the policy anniversary date immediately following the notice of election to recapture; however, no Cologne's reduction will be made prior in proportion to its share of the total reinsurance on the life. 6. In the event that any reinsurance policy anniversary specified in Exhibit C. c. If any reinsured policy affected by recapture is recapturedoverlooked, all reinsured policies eligible 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 recapture under the provisions of this Article must be recaptured up to the Company's new maximum retention limits in a consistent manner such reinsurance, and the Company must increase its total amount Reinsurer shall be liable only for a refund of insurance on each the premiums so received, without interest. 7. No reduction may be made in any supplemental benefits reinsured life. The Company may not revoke its election to recapture for policies becoming eligible at future anniversariesunless the life reinsurance is also being reduced. 8. If portions of the reinsured policy have been ceded to more than one reinsurer, the 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 new maximum dollar retention limits had been in effect at the time of issue. The amount recapture the risk is an active claim for Waiver of reinsurance eligible for recapture is based on Premium Disability, the current amount at life risk as of the date of shall be considered subject to recapture. After the effective date of recaptureHowever, the Reinsurer will not be liable for any reinsured policies or portions of original disability reinsurance shall remain in force until such reinsured policies eligible for recapture that time as the Company has overlooked. END OF ARTICLE IXdisability claim ceases.

Appears in 1 contract

Sources: Reinsurance Agreement (Llac Variable Account)

Recapture. 1) Whenever If the Ceding Company increases its maximum retention limits over the maximum retention limits set forth Maximum Dollar Retention Limits shown in Exhibit Section 3 of Schedule A, then it may, with 90 day's Written notice to the Company has reinsurer, reduce or recapture the option reinsurance in force subject to recapture certain risk amounts. The amount the following requirments: 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 effective date of the reduction in reinsurance will be the difference between the amount originally retained and the amount the company would have retained on the same quota share basis had the new maximum retention limits been in effect at the time of issue. a. The Company must give the Reinsurer ninety (90) days written notice prior to its intended date later of the commencement first policy anniversary following the expiration of recapture. b. The reduction of reinsurance on affected policies will become effective on 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 prior to the policy anniversary specified in Exhibit C.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 Company's new maximum 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 Company must increase its total amount of insurance 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. If portions . v. Recapture of reinsurance will not be allowed on any policy for which the reinsured policy have been ceded to 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 new maximum dollar retention limits had been in effect did not keep its Maximum Dollar Retention Limit at the time of issue. The amount Ceding Company's Maximum Dollar Retention Limits are stated in Section 3 of reinsurance Schedule A. vi. If any policy eligible for recapture is based also eligible for recapture from other reinsurers, the reduction in the Reinsurer's reinsurance on that policy will be in proportion to the total amount of reinsurance on the current 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. After The Reinsurer maintains the discretion to determine when anti-selection has occurred. viii. 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 pay to the Ceding Company any amount representing the reserve held on the business. Payment of amounts specified in the terminal accounting will be liable for any reinsured policies or portions of such reinsured policies eligible for recapture that the Company has overlooked. END OF ARTICLE IXReinsurer's full and final payment to the Ceding Company.

Appears in 1 contract

Sources: Coinsurance Agreement (Cuna Mutual Variable Life Insurance Account)

Recapture. 1) Whenever Not more than once in any consecutive twenty-four month period, the Company increases 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 AC-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 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; 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; and 8.2.5 Other than as respects bona fide catastrophe or financial reinsurance arrangements, the Company has will retain all risks so recaptured and is prohibited from ceding in any form any of the option recaptured business without the Reinsurer’s prior written consent. In applying its increased Retention Limits to recapture certain risk amounts. The amount eligible for recapture will be Reinsured Policies, the difference between the amount originally retained age and the amount the company would have retained on the same quota share basis had the new maximum retention limits been in effect mortality rating at the time of issue. a. The Company must give issue will be used to determine the Reinsurer ninety (90) days written notice prior to its intended date amount of 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 prior to the policy anniversary specified in Exhibit 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 Company's new ’s increased maximum retention limits in a consistent manner and the Company must increase its total amount of insurance on each reinsured life. The Company may not revoke its election to recapture for policies becoming eligible at future anniversaries. If portions of the reinsured policy have been ceded to more than one reinsurer, the 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 new maximum dollar retention limits had been in effect at the time of issueretention. The amount of reinsurance eligible for recapture is based on the current reinsurance net amount at risk as of the date of recapture. After 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 Company has overlooked. END OF ARTICLE IXThe 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 Company transfers business which is reinsured under this Agreement to a successor company, then the successor company has the option to recapture the reinsurance, in accordance with the recapture criteria outlined in this Article, only if the successor company has or adopts a higher retention limit than the Company.

Appears in 1 contract

Sources: Reinsurance Agreement (Llac Variable Account)

Recapture. 1Option 1 (Excess Reinsurance) Whenever the Company increases its maximum retention limits over the maximum retention limits set forth in Exhibit A, the Company has the option to recapture certain risk amounts. The amount eligible If the Company has maintained its maximum stated retention (not a special retention limit) for recapture will be the difference between plan and insured's age, sex, and mortality classification, it may apply its increased retention limits to reduce the amount originally retained and the amount the company would have retained on the same quota share basis had the new maximum retention limits been of reinsurance in effect at the time of issueforce as follows. a. The Company must give the Reinsurer ninety thirty (9030) days written notice prior to its intended date of 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 prior to the until a policy anniversary specified has been in Exhibit C.force for at least [insert number of years] 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 Companycompany's new maximum retention limits in a consistent manner and the Company must increase its total amount of insurance on each reinsured life. The Company may not revoke its election to recapture for policies becoming eligible at future anniversaries. If portions of the reinsured policy have been ceded to more than one reinsurer, the Company must allocate the reduction in on reinsurance so that the amount reinsured by each reinsurer after the reduction is proportionately the same as if the new maximum dollar retention limits had been in effect at the time of issue. The amount of reinsurance eligible for recapture is based on the current amount at risk as of the date of recapture. For a policy issued as a result of exchange, conversion, or re-entry, the recapture terms of the reinsurance agreement covering the original policy will apply, and the duration for the purpose of recapture will be measured from the effective date of the reinsurance on the original policy. 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 Company has overlooked. END OF ARTICLE IXThe terms and conditions for the Company 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.

Appears in 1 contract

Sources: Reinsurance Agreement (Llac Variable Account)

Recapture. 1) 12.1 Whenever the Company Ceding Company, pursuant to Article 11, increases its maximum retention limits over the maximum retention limits set forth in Exhibit AA − Retention Limits of the Ceding Company, the Ceding Company has the option to recapture certain risk amounts. The amount eligible If the Ceding Company has maintained its stated retention for recapture will be the difference between 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 originally retained and the amount the company would have retained on the same quota share basis had the new maximum retention limits been of reinsurance in effect at the time of issue.force as follows: a. (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 the commencement an increase of its intent to 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 prior to the until a policy anniversary specified has been in Exhibit C.force for a duration of at least [*]. 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. If portions For the sake of the reinsured policy have been ceded to more than one reinsurerclarity, the Company must allocate the reduction in reinsurance so that increased retention limits used as a basis to reduce the amount reinsured by each reinsurer after of reinsurance in force may be the reduction is proportionately result of an increase in the same 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 new maximum dollar retention limits policy were eligible for recapture from all reinsurers who have a share of the risk on that policy (or who had been 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 effect at Exhibit A as if the time policy were not eligible for recapture by any of issuethe reinsurers who have or had a share of the risk on the policy. The amount of reinsurance eligible for recapture is based on the current amount Net Amount at risk Risk as of the date of recapture. After 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 overlookedoverlooked inadvertently. END OF ARTICLE IXIf 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. 1) Whenever The Company may apply its increased retention limits to reduce the amount of in force Reinsured Policies provided: 8.2.1 The Company gives the Reinsurer written notice of its intention to recapture within 90 days of the effective date of the retention 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 increases its maximum retention limits over and the maximum retention limits set forth Reinsurer and with no recapture being made until the Reinsured Policy has been in force for the period stated in Exhibit AC. 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 option to recapture certain risk amounts. The amount eligible time the policy was issued, its full retention as set out in Exhibit D for recapture will be the difference between the amount originally retained plan and the amount the company would have retained insured's classification. Reinsured policies on the same a first dollar quota share basis had 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 new maximum retention limits been in effect Reinsurer. In applying its increased Retention Limits to Reinsured Policies, the age and mortality rating at the time of issue. a. The Company must give issue will be used to determine the Reinsurer ninety (90) days written notice prior to its intended date amount of the commencement of recapture. b. The reduction of reinsurance on affected policies will become effective on Company's increased retention. Recapture as provided herein is optional with the policy anniversary date immediately following the notice of election to recapture; howeverCompany, no reduction will be made prior to the policy anniversary specified in Exhibit C. 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 Company's new maximum retention limits in a consistent manner and the Company must increase its total amount of insurance on each reinsured life. The Company may not revoke its election to recapture for policies becoming eligible at future anniversaries. If portions of the reinsured policy have been ceded to more than one reinsurer, the 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 new maximum dollar retention limits had been in effect at the time of issueoutstanding reinsurance. The amount of reinsurance eligible for recapture is based on the current reinsurance net amount at risk as of the date of recapture. After 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 effective date Company has either obtained or increased stop loss reinsurance coverage as justification for the increase in retention. If there is a Waiver of recapturePremium (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. 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 Company has overlooked. END OF ARTICLE IXThe 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 Company transfers business which is reinsured under this Agreement to a successor company, then the successor company has the option to recapture the reinsurance, in accordance with the recapture criteria outlined in this Article, only if the successor company has or adopts a higher retention limit than the Company.

Appears in 1 contract

Sources: Reinsurance Agreement (National Variable Life Insurance Account)

Recapture. 1The Company may apply an increase in its Retention Limit to reduce the ceded amount of inforce reinsurance provided that: a) Whenever The Company gives the Company increases Reinsurer irrevocable written notice of its maximum retention limits over intention to recapture; and b) Recapture will be effected on the maximum retention limits set forth next anniversary of each Reinsured Policy eligible for recapture unless agreed otherwise by both parties and with no recapture being made until the Reinsured Policy has been in force for the period specified in Exhibit AC-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 the original policy; and c) The Company has maintained, from the option time the policy was issued, its full retention as set out in Exhibit D, and has applied its increased Retention Limit to recapture certain risk amountsall 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. The amount of reinsurance eligible for recapture will be the difference between the amount originally retained and the amount the company Company would have retained on the same quota share basis had the new maximum retention limits been in effect at the time of issue. a. The Company must give the Reinsurer ninety (90) days written notice prior to its intended date of 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 prior to the policy anniversary specified in Exhibit 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 Company's new maximum retention limits in a consistent manner and the Company must increase its total amount of insurance on each reinsured life. The Company may not revoke its election to recapture for policies becoming eligible at future anniversaries. If portions of the reinsured policy have been ceded to more than one reinsurer, the 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 new maximum dollar retention limits had been in effect at the time of issue. The amount of reinsurance eligible for recapture is will be determined based on the current reinsurance net amount at risk as of the date of recapture. After If there is reinsurance with other reinsurers on risks eligible for recapture, the effective 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 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 recapturethe recapture date, the Reinsurer will not be liable for any reinsured policies or portions of such reinsured policies eligible for recapture that the Company has business which was overlooked. END OF ARTICLE IXThe parties' obligations for any recaptured business will be limited to those relating to events or circumstances arising or occurring before the recapture date. Upon recapture, each party will be deemed to be fully and finally released from all obligations under this Agreement with respect to the recaptured business.

Appears in 1 contract

Sources: Reinsurance Agreement (Ameritas Variable Separate Account V)

Recapture. 1) 12.1 Whenever the Company Ceding Company, pursuant to Article 11, increases its maximum retention limits over the maximum retention limits set forth in Exhibit AA − Retention Limits of the Ceding Company, the Ceding Company has the option to recapture certain risk amounts. The amount eligible If the Ceding Company has maintained its stated retention for recapture will be the difference between 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 originally retained and the amount the company would have retained on the same quota share basis had the new maximum retention limits been of reinsurance in effect at the time of issue.force as follows: a. (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 the commencement an increase of its intent to 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 prior to the until a policy anniversary specified has been in Exhibit C.force for a duration of at least [*]. 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. If portions For the sake of the reinsured policy have been ceded to more than one reinsurerclarity, the Company must allocate the reduction in reinsurance so that increased retention limits used as a basis to reduce the amount reinsured by each reinsurer after of reinsurance in force may be the reduction is proportionately result of an increase in the same 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 new maximum dollar retention limits policy were eligible for recapture from all reinsurers who have a share of the risk on that policy (or who had been 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 effect at Exhibit A as if the time policy were not eligible for recapture by any of issuethe reinsurers who have or had a share of the risk on the policy. The amount of reinsurance eligible for recapture is based on the current amount Net Amount at risk Risk as of the date of recapture. After 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 overlookedoverlooked inadvertently. END OF ARTICLE IXIf 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. 1) Whenever The Company may apply its increased retention limits to reduce the amount of in force Reinsured Policies provided: 8.2.1 The Company gives the Reinsurer written notice of its intention to recapture within 90 days of the effective date of the retention 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 increases its maximum retention limits over and the maximum retention limits set forth Reinsurer and with no recapture being made until the Reinsured Policy has been in force for the period stated in Exhibit AC. 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 option to recapture certain risk amounts. The amount eligible time the policy was issued, its full retention as set out in Exhibit D for recapture will be the difference between the amount originally retained plan and the amount the company would have retained insured's classification. Reinsured policies on the same a first dollar quota share basis had 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 new maximum retention limits been in effect Reinsurer. In applying its increased Retention Limits to Reinsured Policies, the age and mortality rating at the time of issue. a. The Company must give issue will be used to determine the Reinsurer ninety (90) days written notice prior to its intended date amount of the commencement of recapture. b. The reduction of reinsurance on affected policies will become effective on Company's increased retention. Recapture as provided herein is optional with the policy anniversary date immediately following the notice of election to recapture; howeverCompany, no reduction will be made prior to the policy anniversary specified in Exhibit C. 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 Company's new maximum retention limits in a consistent manner and the Company must increase its total amount of insurance on each reinsured life. The Company may not revoke its election to recapture for policies becoming eligible at future anniversaries. If portions of the reinsured policy have been ceded to more than one reinsurer, the 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 new maximum dollar retention limits had been in effect at the time of issueoutstanding reinsurance. The amount of reinsurance eligible for recapture is based on the current reinsurance net amount at risk as of the date of recapture. After 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 effective date Company has either obtained or increased stop loss reinsurance coverage as justification for the increase in retention. If there is a Waiver of recapturePremium (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 Company has overlooked. END OF ARTICLE IXThe 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 Company transfers business which is reinsured under this Agreement to a successor company, then the successor company has the option to recapture the reinsurance, in accordance with the recapture criteria outlined in this Article, only if the successor company has or adopts a higher retention limit than the Company.

Appears in 1 contract

Sources: Reinsurance Agreement (Nationwide Vli Separate Account 6)

Recapture. 1) Whenever the Ceding Company increases its maximum retention limits over the maximum retention limits Maximum Retention Per Life as set forth in Exhibit A, A (A.1) the Ceding Company will notify the Reinsurer of its intent to recapture to the new retention limits. If the Ceding Company has maintained its Maximum Retention Per Life for the option plan and the insured's issue age, sex, and mortality classification, it may apply its increased retention limits to recapture certain risk amounts. The amount eligible for recapture will be the difference between reduce the amount originally retained and the amount the company would have retained on the same quota share basis had the new maximum retention limits been of reinsurance in effect at the time of issue.force as follows: a. The 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 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 prior until a policy has been in force for at least [*] where the corporate maximum dollar retention was held at issue, up to the policy anniversary specified in Exhibit C.then current increased retention; and c. If 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 maximum retention limits Maximum Retention Per Life in a consistent manner manner, and the Ceding Company must increase its total amount of insurance 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. 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 the a policy reinsured policy under this Agreement have been ceded to reinsured with more than one reinsurerReinsurer, the Ceding Company must allocate the reduction in reinsurance so that the amount reinsured by each reinsurer Reinsurer after the reduction is proportionately the same as if the new maximum dollar retention limits 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 Reinsurer. The amount of reinsurance eligible for recapture is based on the current amount Reinsured Net Amount at risk Risk as of the date of recapture. For a policy issued as a result of exchange, conversion or re-entry, the recapture terms of the reinsurance agreement covering the Original Policy will apply, and the duration for the purpose of recapture will be measured from the effective date of the reinsurance on the Original Policy. 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. END OF ARTICLE IX.

Appears in 1 contract

Sources: Reinsurance Agreement (Ameritas Variable Separate Account V)

Recapture. 1The Company may apply an increase in its Retention Limit to reduce the ceded amount of inforce reinsurance provided that: a) Whenever The Company gives the Company increases Reinsurer irrevocable written notice of its maximum retention limits over intention to recapture; and b) Recapture will be effected on the maximum retention limits set forth next anniversary of each Reinsured Policy eligible for recapture unless agreed otherwise by both parties and with no recapture being made until the Reinsured Policy has been in force for the period specified in Exhibit AC-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 the original policy; and c) The Company has maintained, from the time the policy was issued, its full retention as set out in Exhibit D, and has applied its increased Retention Limit to all categories set out in Exhibit D; and d) Other than as respects stop-loss, catastrophe, financial reinsurance arrangements, or sale of a block of business, the Company has will retain all risks so recaptured and is prohibited from ceding in any form any of the option recaptured business without the Reinsurer’s prior written consent. In applying its increased Retention Limit to recapture certain risk amountsReinsured Policies, the age and mortality rating at the time of issue will be used to determine the amount of the Company’s increased retention. The amount of reinsurance eligible for recapture will be the difference between the amount originally retained and the amount the company Company would have retained on the same quota share basis had the new maximum retention limits been in effect at the time of issue. a. The Company must give the Reinsurer ninety (90) days written notice prior to its intended date of 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 prior to the policy anniversary specified in Exhibit 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 Company's new maximum retention limits in a consistent manner and the Company must increase its total amount of insurance on each reinsured life. The Company may not revoke its election to recapture for policies becoming eligible at future anniversaries. If portions of the reinsured policy have been ceded to more than one reinsurer, the 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 new maximum dollar retention limits had been in effect at the time of issue. The amount of reinsurance eligible for recapture is will be determined based on the current reinsurance net amount at risk as of the date of recapture. After If there is reinsurance with other reinsurers on risks eligible for recapture, the effective 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 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 recapturethe recapture date, the Reinsurer will not be liable for any reinsured policies or portions of such reinsured policies eligible for recapture that the Company has business which was overlooked. END OF ARTICLE IXThe parties’ obligations for any recaptured business will be limited to those relating to events or circumstances arising or occurring before the recapture date. Upon recapture, each party will be deemed to be fully and finally released from all obligations under this Agreement with respect to the recaptured business.

Appears in 1 contract

Sources: Automatic Yrt Reinsurance Agreement (First Investors Life Level Premium Variable Lif Ins Sep Ac B)

Recapture. 1) Whenever If the Ceding Company increases its maximum retention limits over Maximum Retention Per Life, it shall have the maximum 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-Retention Schedule of the Ceding Company. 2. The Ceding Company retained its Maximum Retention Per Life for the plan, age and mortality rating at the time the policy was issued under this Agreement and in accordance with Exhibit A, Retention Schedule of the Ceding Company. 3. All reinsurance eligible for Recapture under the provisions of this Article, must be 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. If the Ceding Company elects recapture, the Ceding Company has will recapture all individual life risks that are reinsured between the option Reinsurer and the Ceding Company under any other reinsurance agreement which are eligible for recapture. In the event of the insolvency of the Reinsurer, this requirement will not apply. To effect recapture, the Ceding Company must notify the Reinsurer of its intent to recapture certain risk amountsdo so within ninety (90) days of the effective date of the increase in its Maximum Retention Per Life limits. The Ceding Company may apply the new limits of Maximum Retention Per Life 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 company Ceding Company would have retained on the same quota share basis as described in Exhibit A had the new maximum retention limits Maximum Retention Per Life been in effect at the time of issue. a. The Company must give the Reinsurer ninety (90) days written notice prior to its intended date of 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 prior to the policy anniversary specified in Exhibit 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 Company's new maximum retention limits in a consistent manner and the Company must increase its total amount of insurance on each reinsured life. The Company may not revoke its election to recapture for policies becoming eligible at future anniversaries. If portions of the reinsured policy have been ceded to more than one reinsurer, the 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 new maximum dollar retention limits had been in effect at the time of issue. The amount of reinsurance eligible for recapture is based on the current amount at risk as of the date of recapture. 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 Company has overlooked. END OF ARTICLE IX

Appears in 1 contract

Sources: Reinsurance Agreement (Minnesota Life Individual Variable Universal Life Account)