Insurance Regulatory and Development Authority of India (Assets, Liabilities, and Solvency Margin of General Insurance business) Regulations, 2016
Published vide Notification No. F. No. IRDAI/Reg/7/119/2016, dated 07.04.2016
Last Updated 16th December, 2022 [act3904]
(a) "Act" means the Insurance Act 1938 (4 of 1938) ;
(b) "Allocated Loss Adjustment Expenses (ALAE)" are claim-related expenses that are directly attributable to a specific claim;
(c) "Authority" means the Insurance Regulatory and Development Authority of India established under subsection (1) of section 3 of the Insurance Regulatory and Development Authority Act, 1999 (41 of 1999);
(d) "Claim Reserves" means the reserves in respect of the claims which have already occurred and determined as the aggregate of outstanding claim reserves and incurred but not reported claim reserves.
(e) "General Insurance Business" includes health insurance business and general insurance business transacted by general insurers and health insurance business transacted by standalone health insurers.
(f) "General insurers" means all the insurers transacting general insurance business including health insurance business and stand-alone health insurers transacting health insurance business.
(g) "Incurred But Not Enough Reported Reserves(IBNER)" means the reserves reflecting the expected changes in the estimates of reported claims as on the accounting date;
(h) "Incurred But Not Reported Claim Reserves (IBNR)" includes IBNER, estimate for reopened claims, provision for incurred but not reported claims, provision for claims in transit as on the accounting date and ALAE;
(i) "Outstanding Claim Reserves (OS Reserves)"means the provision made in respect of all outstanding reported claims as on the accounting date. OS Reserves include ALAE;
(j) "Premium Deficiency Reserve (PDR)" means the reserve held in excess of the unearned premium reserve, which allows for any expectation that the unearned premium reserve will be insufficient to cover the cost of claims and related expenses incurred during the period of unexpired risk;
(k) "Unearned Premium Reserve (UPR)" means an amount representing that part of the premium written which is attributable and to be allocated to the succeeding accounting periods;
(l) "Unexpired Risk Reserves" means the reserves in respect of the liabilities for unexpired risks and determined as the aggregate of Unearned Premium Reserve and Premium Deficiency Reserve.
(2) All words and expressions used herein and not defined but defined in the Insurance Act 1938 (4 of 1938), or in the Insurance Regulatory and Development Authority Act, 1999 (41 of 1999), or in any Rules or Regulations made there under, shall have the meanings respectively assigned to them in those Acts or Rules or Regulations. 3. Applicability. - These regulations shall be applicable to all the general insurers transacting general insurance business. 4. Admissibility of Assets For The Purpose of Calculation of Solvency Margin. - Every general insurer shall prepare a statement of admissible assets in FORM IRDAI-GI-TA in accordance with Schedule I. 5. Determination of Amount of Liabilities. - Every general insurer shall prepare a statement of the amount of liabilities in FORM IRDAI-GI-TR in accordance with Schedule II. 6. Determination of Solvency Margin. - Every General insurer shall prepare a statement of solvency margin in FORM IRDAI-GI-SM in accordance with Schedule III. 7. Business Outside India. - (1) Where the general insurer transacts general insurance business in a country outside India, and submits statements or returns or any such particulars to the host regulator of that country, the insurer shall enclose a copy of the same along with the Forms specified in accordance with these Regulations and as stipulated by the Authority from time to time. Provided that if Appointed Actuary is of the opinion that the liability and solvency norms outside India, where the insurer transacts business, results in lower liability and/or solvency requirement as compared to the liability and solvency norms existing in India, then such person shall require the insurer to set aside additional reserves over and above the reserves shown in the statements or returns or any such particulars submitted to the host regulator of a country outside India so as to comply with the liability and solvency norms existing in India. 8. Furnishing of Forms. - (1) The Forms, namely, FORM IRDAI-GI-TA, FORM IRDAI-GI-TR and FORM IRDAI-GI-SM shall be furnished separately for General insurance Business within India and Total Business transacted by the general insurer. (2) These Forms shall be furnished to the Authority, within three months from the end of the period to which they refer to or within thirty days from the date of adoption of accounts by the Board of the insurer, whichever is earlier, along with any other reports as may be stipulated by the Authority from time to time. 9. Personal Visit of Appointed Actuary To The Authority. - The Authority may, if considered necessary and expedient, ask the Appointed Actuary to make a personal visit to the office of the Authority to elicit from such person any further information. 10. Repeal and Savings. - (1) On and from the commencement of these regulations, the Insurance Regulatory and Development Authority (Assets, Liabilities and Solvency Margins of Insurers) Regulations, 2000 shall stand superseded. (2) However, in respect of anything done or omitted to be done prior to the commencement of these regulations, they shall continue to be governed by Insurance Regulatory and Development Authority (Assets, Liabilities and Solvency Margins of Insurers) Regulations, 2000. 11. Power of The Authority To Issue Clarifications Etc. - In order to remove any doubts or the difficulties that may arise in the application or interpretation of any of the provisions of these regulations, the Chairperson of the Authority may issue appropriate clarifications or guidelines as deemed necessary.Schedule I
(See Regulation 4)
1. Valuation of Assets(1) The following assets should be placed with value zero:
(a) Agents' and Intermediaries' balances and outstanding premiums in India, to the extent they are not realized within a period of thirty days;
(c) Agents' and Intermediaries' balances and outstanding premiums outside India, to the extent they are not realizable ;
(d) Sundry debts, to the extent they are not realizable;
(e) Advances and receivables of an unrealizable character;
(f) Furniture, fixtures, dead stock and stationery;
(g) Deferred expenses;
(h) Debit balance of Profit and loss appropriation account balance and any fictitious assets other than pre-paid expenses;
(i) Co-insurer's balances outstanding for more than ninety days;
(j) Balances of Indian Reinsurers and Foreign Reinsurers having Branches in India outstanding for more than 365 days;
(k) Other Reinsurers balances outstanding for more than 180 days;
(l) Leasehold improvements
(m) Service Tax Unutilized Credit outstanding for more than ninety days;
(n) Any other assets, which are considered inadmissible under Section 64V of the Insurance Act, 1938.
(2) All other assets of a general insurer have to be valued in accordance with the Regulations and other instructions issued by the Authority regarding preparation of financial statements, auditor's report, other forms of capital and investments, and any other Regulations as applicable from time to time. 2. Statement of Admissible Assets Every general insurer shall prepare a statement of admissible assets in form IRDAI-GI-TAFORM IRDAI-GI-TA
Statement of Admissible Assets: << Name of General Insurer>>
As at 31st March 20XX
Name of Insurer: Registration Number: Date of registration: Classification: Business within India/ Total Business |
(All amounts in Rupees of Lakhs)
Particulars |
Policyholders A/C |
Shareholders A/C |
Total |
Investments |
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Investments Shareholder' SCH 8 |
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Policyholders' SCH 8A |
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Total Investments as per BS ---------------- (A) |
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Inadmissible investment assets as per Clause (1) of Schedule I --------------- (B) |
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Fixed assets |
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Fixed assets as per BS ----------------------- (C) |
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Inadmissible Fixed assets as per Clause (1) of Schedule - I ------------ (D) |
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Current Assets |
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Cash & Bank Balances as per BS --------------- (E) |
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Advances and Other assets as per BS ------------ (F) |
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Total Current Assets as per BS ------------- (G) = (E) + (F) |
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Inadmissible Current assets as per Clause (1) of Schedule - I -------- (H) |
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Loans |
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Loans as per BS --------------------------- (I) |
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Fair Value Change Account subject to minimum of zero----(J) |
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Total Assets as per BS --------------------(K) = (A) + (C) + (G) + (I)(Excluding current liabilities and provisions) |
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Total Inadmissible assets ------------------- (L) = (B) + (D) + (H) + (J) |
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Total Admissible assets for Solvency ---- (K) - (L) (Excluding current liabilities and provisions) |
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Schedule II
(See Regulation 5)
Determination of Amount of Liabilities 1. Determination of Amount of Liabilities(1) The amount of liabilities shall be determined on the Valuation Date separately for each line of business as listed in the FORM IRDAI-GI-SM and in accordance with this regulation
(2) The amount of liabilities for each line of business shall be determined as the aggregate of Unexpired Risk Reserves as mentioned in clause 2 below and Claims Reserves as mentioned in clause 3 below.
2. Premium Reserves(1) Unearned Premium Reserve (UPR). - UPR will be estimated as per the extant provisions and shall be certified by the Chief Financial Officer and the Statutory Auditor .
(2) Premium Deficiency Reserve (PDR). - The PDR shall be calculated using sound actuarial principles. Though the PDR shall be maintained at the insurer level, PDR on segmental basis would be monitored by the Authority for verifying the sustainability of products and accordingly an appropriate action may be taken by the Authority.
(3) Unexpired Risk Reserve (URR). - Unexpired Risk Reserve is defined as sum total of UPR and PDR
3. Claims Reserve (1) The Claims Reserve shall be determined as the aggregate amount of Outstanding Claims Reserve and Incurred but Not Reported Claims Reserve (IBNR) as described below for the following lines of business:
Item |
|
No. |
Line of Business |
|
Motor |
1 |
Motor OD-Private car |
2 |
Motor OD-Two Wheeler |
3 |
Motor OD-Commercial Vehicle |
4 |
Motor TP-Private car |
5 |
Motor TP-Two Wheeler |
6 |
Motor TP-Commercial Vehicle (Declined Pool) |
7 |
Motor TP-commercial Vehicle (TP Pool) |
8 |
Motor TP-commercial Vehicle (Other than Pool) |
|
Health |
9 |
Health Insurance - Individual |
10 |
Health Insurance - Group-Government Schemes |
11 |
Health Insurance - Group-Employer/Employee Schemes |
12 |
Health Insurance - Group-Other Schemes |
|
Personal Accident |
13 |
Personal Accident - Individual |
14 |
Personal Accident- Group(Government Schemes) |
15 |
Personal Accident-Group(Others) |
16 |
Travel |
17 |
Fire |
|
Marine |
18 |
Marine Cargo |
19 |
Marine-Other than Marine Cargo |
|
Other Miscellaneous |
20 |
Engineering |
21 |
Aviation |
22 |
Product Liability |
23 |
Liability Insurance |
24 |
Workmen Compensation/ Employer's Liability |
25 |
Crop Insurance |
26 |
Weather Insurance |
27 |
Credit Insurance |
28 |
Others |
(a) Where the amount of outstanding claims of the insurers is known, the amount is to be provided in full;
(b) Where the amount of outstanding claims can be reasonably estimated according to the insurer, insurer shall follow the 'case by case method' after taking into account the explicit allowance for changes in the settlement pattern or average claim amounts, expenses and inflation;
(c) For lines of business, where the Appointed Actuary is of the view that the statistical method is most appropriate for the estimation of Outstanding claims, the Appointed Actuary may use the appropriate statistical method of claims reserving instead of following case by case method. In such cases, the claims outstanding reserve shall be certified by Appointed Actuary. Where the Appointed Actuary identifies material changes in the claims handling practices, their impact on the outstanding claims reserve pattern shall be taken into account and reported.
(3) Incurred But Not Reported (IBNR) Claims Reserve(a) The incurred but not reported (IBNR) claims reserve shall be determined using actuarial principles and methods detailed in clause 4 below
(b) The IBNR shall be estimated using appropriate actuarial principles and shall be certified by the Appointed Actuary.
(c) The Appointed Actuary shall estimate IBNR on both net of reinsurance and gross of reinsurance basis.
(d) The Appointed Actuary shall estimate the provision for IBNR for each year of occurrence and the figures shall be aggregated to arrive at the total amount to be provided.
(e) If estimate of IBNR provision for any year of occurrence is negative, the Appointed Actuary shall reexamine the underlying assumptions. Even after re-examination, if the mathematics produces negative value, the Appointed Actuary shall ignore the IBNR provision for that year of occurrence.
(f) The estimation process shall not discount the estimated future development of paid claims to the current date.
4. Actuarial Methods(1) The following Standard Actuarial Methods may be used for the estimation of IBNR reserves:
(a) Basic Chain Ladder Method (both on incurred and paid claims)
(b) Bornbuetter Ferguson Method (both on incurred and paid claims)
(c) Frequency - Severity Method
(2) The Appointed Actuary shall use more than one method to arrive at an estimate that s/he believes is adequate to meet the future liabilities.
(3) Appointed Actuary may use methods other than standard actuarial methods of IBNR estimation.
(4) In his/her annual report submission to the Regulator, Appointed Actuary should provide an explanation of the rationale underlying the selection of a particular method over the other available methods along with the advantages and disadvantages of doing so.
(5) Where the results of different methods or assumptions differ significantly, an Appointed Actuary must comment on the likely reasons for the differences and explain the basis for the choice of results.
5. Applicability To Reinsurance(1) This Schedule shall also apply to the valuation of general insurance business in the books of reinsurers.
(2) As regards the business ceded by insurers, this Schedule shall be applicable to the net sums at risk retained by the insurer.
6. Determination of Other Liabilities The general insurer shall place a proper value in respect of the following items:(1) provision for bad and doubtful debts; reserve for dividends declared or recommended, and outstanding dividends in full;
(2) amount due to insurance companies carrying on insurance business, in full;
(3) amount due to sundry creditors, in full;
(4) provision for taxation, in full; and
(5) foreign exchange reserve
7. Statement of Liabilities(1) Every general insurer shall prepare a statement of liabilities in FORM IRDA-GI-TR certified by the Appointed Actuary and the Statutory Auditor in accordance with Section 64V of the Act.
(2) The statement shall be furnished to the Authority along with the returns mentioned in section 15 of the Act.
(3) The general insurer shall furnish any additional information in accordance with the directions issued by the Authority from time to time.
FORM IRDAI-GI-TR
Insurance Regulatory and Development Authority of India
(Assets, Liabilities, and Solvency Margin of General Insurance Business) Regulations, 2016
Table I
Statement of Liabilities: << Name of General Insurer>>
As at 31st March 20XX
Name of Insurer: Registration Number: Date of registration: Classification: Business within India/ Total Business |
(All amounts in Rupees of Lakhs)
Reserve |
Gross Reserve |
Net Reserve |
Unearned Premium Reserve (UPR) .... (a) |
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Premium Deficiency Reserve (PDR)....(b) |
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Unexpired Risk Reserve (URR)....(c)=(a) +(b) |
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Outstanding Claim Reserve (other than IBNR reserve)....(d) |
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IBNR Reserve.... (e) |
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Total Reserves for Technical Liabilities....(f)=(c)+(d)+(e) |
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Name and Signature of the Statutory Auditor
(2) Certification from the Appointed Actuary: I certify that, I have checked the data to the best of my ability and I am satisfied that the data is consistent, reliable and complete. I also further certify that the outstanding claims reserves that are estimated using statistical methods, PDR and IBNR reserves in the statement above have been determined using actuarial principles and in the manner prescribed in the Insurance Regulatory and Development Authority of India (Assets, Liabilities and Solvency Margin of General Insurance Business) Regulations, 2016. These reserves, estimated as on the 31st day of March of .......(year of investigation) represent, in my opinion, a fair reflection of the expected future experience. Qualifications, if any: Name of the Insurer: Place: Date:Name and Signature of the Appointed Actuary
(3) Certification by Principal officer: I certify that(a) Full and accurate particulars of every policy and claim have been furnished to the Appointed Actuary: name of the actuary for the purpose of the determination of Technical Reserves as on the 31st Day of March of 20XX.
(b) The data provided to the Appointed Actuary reconciles with the Audited Financials as at 31st Day of March 20XX.
(c) The Appointed Actuary has been made aware of all the information pertaining to underwriting, claims and reinsurance policies and practices followed by the Insurer
Qualifications, if any: Name of the Insurer: Place: Date:Name and Signature of the Principal Officer
(4) Certification from Chief Financial Officer : I certify that The UPR has been determined as per the extant provisions of the Authority. Qualifications, if any (in regard to the determination of UPR): Name of the Insurer: Place: Date: Name and Signature of the Chief Financial OfficerSchedule III
Determination of Solvency Margin - General Insurance Business
(See Regulation 6)
1. Interpretation :In this Schedule,(1) "Available Solvency Margin (ASM)" shall be calculated as the excess of value of assets (as furnished in Form IRDAI-GI-TA) over the value of liabilities (as furnished in Form IRDAI-GI-TR) with further adjustments as shown in Table IB of FORM IRDAI-GI-SM.
(2) "Solvency Ratio" means the ratio of the amount of Available Solvency Margin to the amount of Required Solvency Margin as specified in Table IB
2. Every insurer at all time shall maintain its Available Solvency Margin at a level which is not less than higher of fifty per cent of the amount of minimum capital as stated under Section 6 of the Act and one hundred per cent of Required Solvency Margin failing which the Authority shall act in accordance with sub-section (2) of Section 64VA of the Act. 3. "Control level of Solvency" shall mean the level of solvency margin specified by the Authority in accordance with sub-section (3) of Section 64VA of the Act on the breach of which the Authority shall act in accordance with subsection (4) of section 64VA of the Act without prejudice to taking any other remedial measures as deemed fit. The control level of solvency is hereby specified as a minimum solvency ratio of 150 %. 4. Determination of Required Solvency Margin (RSM): Every general insurer shall determine the Required Solvency Margin, the Available Solvency Margin, and the Solvency Ratio in FORM IRDAI-GI-SM.FORM IRDAI-GI-SM
Insurance Regulatory and Development Authority of India
(Assets, Liabilities, and Solvency Margin of General Insurance Business) Regulations, 2016
Table I
Statement of Solvency Margin: << Name of General Insurer>>
As at 31st March 20XX
Item |
|
No. |
Line of Business |
|
Motor |
1 |
Motor OD-Private car |
2 |
Motor OD-Two Wheeler |
3 |
Motor OD-Commercial Vehicle |
4 |
Motor TP-Private car |
5 |
Motor TP-Two Wheeler |
6 |
Motor TP-Commercial Vehicle (Declined Pool) |
7 |
Motor TP-commercial Vehicle (TP Pool) |
8 |
Motor TP-commercial Vehicle (Other than Pool) |
|
Health |
9 |
Health Insurance - Individual |
10 |
Health Insurance - Group-Government Schemes |
11 |
Health Insurance - Group-Employer/Employee Schemes |
12 |
Health Insurance - Group-Other Schemes |
|
Personal Accident |
13 |
Personal Accident - Individual |
14 |
Personal Accident- Group(Government Schemes) |
15 |
Personal Accident-Group(Others) |
16 |
Travel |
17 |
Fire |
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Marine |
18 |
Marine Cargo |
19 |
Marine-Other than Marine Cargo |
|
Other Miscellaneous |
20 |
Engineering |
21 |
Aviation |
22 |
Product Liability |
23 |
Liability Insurance |
24 |
Workmen Compensation/ Employer's Liability |
25 |
Crop Insurance |
26 |
Weather Insurance |
27 |
Credit Insurance |
28 |
Others |
Table IA: Required Solvency Margin Based On Net Premium and Net Incurred Claims
(All amounts in Rupees of Lakhs)
Item No. |
Line of Business |
Gross Premiums |
Net Premiums |
Gross Incurred claims |
Net Incurred claims |
RSM1 |
RSM2 |
RSM |
Factor A |
Factor B |
(1) |
(2) |
(3) |
(4) |
(5) |
(6) |
(7) |
(8) |
(9) |
(10) |
(11) |
01 |
Fire |
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0.5 |
0.5 |
02 |
Marine Cargo |
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0.6 |
0.6 |
03 |
Marine -Other than Marine Cargo |
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0.5 |
0.5 |
04 |
Motor |
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0.75 |
0.75 |
05 |
Engineering |
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0.5 |
0.5 |
06 |
Aviation |
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0.5 |
0.5 |
07 |
Liability |
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0.75 |
0.75 |
08 |
Health |
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0.75 |
0.75 |
09 |
Miscellaneous |
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0.7 |
0.7 |
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Total |
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Notes:(3) = Gross Written Premium including Inward Reinsurance
(4) = Net Written Premium
(5) = Gross Incurred Claims including impact of Gross IBNR
(6) = Net Incurred Claims including impact of Net IBNR (3) and (4) are calculated as 'Trailing 12 Months Data' (5) and (6) are calculated as Maximum of 'Trailing 12 Months Data' and' Trailing 36 Months Data divided by3'
(7) RSM 1 in the above table means Required Solvency Margin based on net premiums, and shall be determined as Twenty Percent (20%) of the amount which is the higher of the Gross Premiums multiplied by a Factor A as specified in the Table IA and the Net Premiums.
(8) RSM 2 in the above table means Required Solvency Margin based on net incurred claims and shall be determined as Thirty Percent (30%) of the amount which is the higher of the Gross Incurred Claims multiplied by a Factor B as specified in the Table above and the Net Incurred Claims.
(9) RSM means Required Solvency Margin and shall be the higher of the amounts of RSM 1 and RSM 2 for each LOB separately.
Table IB: Available Solvency Margin and Solvency Ratio
Name of Insurer: Registration Number: Date of registration: Classification: Business within India/ Total Business |
(All amounts in Rupees of Lakhs)
(1) |
(2) |
(3) |
Item No. |
Description |
Amount |
(A) |
Policyholder's Funds |
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Available assets(as per Form IRDAI-GI-TA) |
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Deduct: |
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(B) |
Current Liabilities as per BS |
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(C) |
Provisions as per BS |
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(D) |
Other Liabilities |
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(E) |
Excess in Policyholder's funds (A)-(B)-(C)-(D) |
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Shareholder's Funds |
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(F) |
Available Assets |
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Deduct: |
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(G) |
Other Liabilities |
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(H) |
Excess in Shareholder's funds (F-G) |
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(I) |
Total ASM (E+H) |
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(J) |
Total RSM |
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(K) |
Solvency Ratio (Total ASM/ Total RSM) |
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Name and Signature of the Statutory Auditor
Counter signature by
Principal Officer: |
Appointed Actuary |
Chief Financial Officer |
Notes:1. Item A shall be the amount of the Adjusted Value of Assets in respect of policyholders' funds as mentioned in FORM IRDAI-GI-TA.
2. Item B shall be the amount of Total Liabilities as mentioned in FORM IRDAI-GI-TR.
3. Item C shall be the amount of other liabilities arising in respect of policyholders' funds and as mentioned in the Balance Sheet
4. Item F shall be the amount of the Total Assets in respect of shareholders' funds as mentioned in Form IRDAIGI- TA.
5. Item G shall be the amount of other liabilities arising in respect of shareholders' funds and as mentioned in the Balance Sheet