Page:United States Statutes at Large Volume 98 Part 1.djvu/778

 98 STAT. 730

PUBLIC LAW 98-369—JULY 18, 1984 "(ii) shall, except to the extent otherwise provided in regulations, be the reserve taken into account for purposes of the annual statement approved by the National Association of Insurance Commissioners. "(B) SUPPLEMENTAL BENEFITS WHICH ARE NOT QUALIFIED

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SUPPLEMENTAL BENEFITS.—In the case of any supplemental benefit described in subparagraph (D) which is not a qualified supplemental benefit, the amount of the reserve determined under paragraph (2) of subsection (d) shall, except to the extent otherwise provided in regulations, be the reserve taken into account for purposes of the annual statement approved by the National Association of Insurance Commissioners. "(C) QUALIFIED SUPPLEMENTAL BENEFIT.—For purposes of this paragraph, the term 'qualified supplemental benefit' means any supplemental benefit described in subparagraph (D)if"(i) there is a separately identified premium or charge for such benefit, and "(ii) any net surrender value under the contract attributable to any other benefit is not available to fund such benefit. "(D) SUPPLEMENTAL BENEFITS.—For purposes of this paragraph, the supplemental benefits described in this subparagraph are any— "(i) guaranteed insurability, "(ii) accidental death or disability benefit, "(iii) convertibility, "(iv) disability waiver benefit, or "(v) other benefit prescribed by regulations, which is supplemental to a contract for which there is a reserve described in subsection (c).

"(4) CERTAIN CONTRACTS ISSUED BY FOREIGN BRANCHES OF DOMESTIC LIFE INSURANCE COMPANIES.—

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"(A) IN GENERAL.—In the case of any qualified foreign contract, the amount of the reserve shall be not less than the minimum reserve required by the laws, regulations, or administrative guidance of the regulatory authority of the foreign country referred to in subparagraph (B) (but not to exceed the net level reserves for such contract). "(B) QUALIFIED FOREIGN CONTRACT.—For purposes of subparagraph (A), the term 'qualified foreign contract' means any contract issued by a foreign life insurance branch (which has its principal place of business in a foreign country) of a domestic life insurance company if— (i) such contract is issued on the life or health of a resident of such country, "(ii) such domestic life insurance company was required by such foreign country (as of the time it began operations in such country) to operate in such country through a branch, and "(iii) such foreign country is not contiguous to the United States. "(5) T R E A T M E N T OF SUBSTANDARD RISKS.— "(A) SEPARATE COMPUTATION.—Except

to the extent provided in regulations, the amount of the life insurance reserve for any qualified substandard risk shall be computed

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