Page:United States Statutes at Large Volume 98 Part 1.djvu/797

 PUBLIC LAW 98-369—JULY 18, 1984 "(B) which are set aside to mature or liquidate, either by payment or reinsurance, future unaccrued claims arising from life insurance, annuity, and noncancellable accident and health insurance contracts (including life insurance or annuity contracts combined with noncancellable accident and health insurance) involving, at the time with respect to which the reserve is computed, life, accident, or health contingencies. "(2) RESERVES MUST BE REQUIRED BY LAW.—Except— "(A) in the case of policies covering life, accident, and health insurance combined in one policy issued on the weekly premium payment plan, continuing for life and not subject to cancellation, and "(B) as provided in paragraph (3), in addition to the requirements set forth in paragraph (1), life insurance reserves must be required by law. "(3) ASSESSMENT COMPANIES.—In the case of an assessment life insurance company or association, the term 'life insurance reserves' includes— "(A) sums actually deposited by such company or association with State officers pursuant to law as guaranty or reserve funds, and "(B) any funds maintained, under the charter or articles of incorporation or association (or bylaws approved by a State insurance commissioner) of such company or association, exclusively for the payment of claims arising under certificates of membership or policies issued on the assessment plan and not subject to any other use. "(4) AMOUNT OF RESERVES.—For purposes of this subsection, subsection (a), and subsection (c), the amount of any reserve (or portion thereof) for any taxable year shall be the mean of such reserve (or portion thereof) at the beginning and end of the taxable year. "(c) TOTAL RESERVES DEFINED.—For purposes of subsection (a), the term 'total reserves' means— "(1) life insurance reserves, "(2) unearned premiums, and unpaid losses (whether or not ascertained), not included in life insurance reserves, and "(3) all other insurance reserves required by law. "(d) ADJUSTMENTS IN RESERVES FOR POLICY LOANS.—For purposes

only of determining under subsection (a) whether or not an insurance company is a life insurance company, the life insurance reserves, and the total reserves, shall each be reduced by an amount equal to the mean of the aggregates, at the beginning and end of the taxable year, of the policy loans outstanding with respect to contracts for which life insurance reserves are maintained. "(e) GUARANTEED RENEWABLE CONTRACTS.—For purposes of this part, guaranteed renewable life, accident, and health insurance shall be treated in the same manner as noncancellable life, accident, and health insurance. "(f) AMOUNTS NOT INVOLVING LIFE, ACCIDENT, OR HEALTH CONTIN-

GENCIES.—For purposes only of determining under subsection (a) whether or not an insurance company is a life insurance company, amounts set aside and held at interest to satisfy obligations under contracts which do not contain permanent guarantees with respect to life, accident, or health contingencies shall not be included in reserves described in paragraph (1) or (3) of subsection (c).

98 STAT. 749

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