Deloitte Bermuda Reporting Requirements

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Bermuda Reporting Requirements

An overview of statutory and solvency

reporting deliverables for general insurers

January 2019

Table of Contents

Overview of reporting landscape 4

Statutory Financial Statements 7

Economic Balance Sheet 9

Bermuda Solvency Capital Requirement 13

Governance and disclosure 17

Transition to new regime 20

BEL Best Estimate Liability

BMA Bermuda Monetary Authority

BSCR Bermuda Solvency Capital Requirement

CISSA Commercial Insurer’s Solvency Self-Assessment

CIRA Commercial Insurer Risk Assessment

CSR Capital and Solvency Return

EBS Economic Balance Sheet

ECR Enhanced Capital Requirement

FCR Financial Condition Report

GSSA Group Solvency Self-Assessment

LRS Loss Reserve Specialist

LRSO Loss Reserve Specialist Opinion

MSM Minimum Solvency Margin

RM Risk Margin

SFS Statutory Financial Statements

TP Technical Provisions

Commonly used acronyms in the Bermuda reporting regime

Overview of reporting

landscape

To ensure that Bermuda continues to adhere to international standards and best practices for

insurance regulation and supervision, in 2015 the BMA instituted a series of enhancements

to its statutory and prudential reporting requirements for commercial insurers.

Statutory reporting regime

Statutory Reporting

The BMA recognizes that insurers having varying risk profiles arising from the nature, scale and complexity of their

business. As a result commercial insurers have additional reporting requirements, such as:

• Every commercial insurer shall, in addition prepare GAAP financial statements in respect of its insurance business for

each financial year. A company can choose to report under US GAAP, Canadian GAAP or another framework (such as

IFRS) as their ongoing reporting requirements.

Consolidated GAAP

Financials

Unconsolidated

Statutory Financial

Statements

Consolidated Statutory

Financial Statements –

New requirement from

2016

What’s audited?

Must file within 4 months of

the year-end unless an

extension is obtained, which

is usually issued 1 month at

a time, provided that the

company is in compliance

and there is a valid reason

for the request.

The principal representative

is responsible for obtaining

the extension.

When is it filed?

Actuarial Opinion

Commercial classes

require an loss reserve

specialist opinion on

the Technical

Provisions on the EBS.

Prudential Filters

As a Solvency II equivalent jurisdiction, Bermuda adopts a Three Pillar approach to risk-

based supervision. Insurers file a Capital and Solvency Return (CSR) within four months of

the financial year end.

Solvency reporting and capital assessment

Solvency Reporting

An overarching objective of Bermuda’s solvency regime over the past decade is to achieve and maintain Solvency II

equivalence, which effectively enables Bermuda domiciled insurers to conduct business in the EU on a level playing field

as EU domiciled insurers. The BMA is keen to sustain and continue to develop its risk-based regulatory approach that

both (a) meets or exceeds international standards and (b) appropriately reflects the nature of the Bermuda market.

To this end, numerous legislation and guidance have been recently issued, that broadly mirror the Three Pillar approach

of Solvency II.

Required capital based

on Economic Balance

Sheet (EBS).

Bermuda Solvency

Capital Requirement

(BSCR) computed

using standard

formula or approved

internal model.

Calibrated to approach

but not exceed

Solvency II.

Pillar 1

Quantitative

Requirements

Beginning with 2016

year end, prepare

Financial Condition

Report (FCR).

Outline performance,

risk profile, and

organizational

governance.

To be made publicly

available on insurer’s

website.

Pillar 3

Risk Disclosure

Prepare Commercial

Insurer’s Solvency

Self Assessment

(CISSA), assessing

risk governance and

capital adequacy

under normal and

stressed conditions.

Integrate at Group

level where multiple

legal entities exist.

Pillar 2

Risk Governance

Statutory Financial

Statements (SFS)

In order to streamline the process and minimize duplication of effort, the BMA amended

statutory accounting valuation standards to be consistent with GAAP valuation, subject to

certain prudential filters.

Statutory financials and scope of audit

Source: Bermuda Monetary Authority

Audited

Some key prudential filters include:

Goodwill

Valued at zero.

Other intangibles

Value of future economic benefits

flowing to insurer, only if separable

and evidence of similar exchange

transactions; zero otherwise.

Prepaids and

deferred expenses

Valued at zero.

Deferred

acquisition costs

(DAC)

Valued consistently with GAAP.

Contingent

liabilities

Expected present value of future

cash flows.

Deferred tax

assets/liabilities

Valued consistently with GAAP.

Scope of the Audit

GAAP Financial Statements and Prudential Filters

are required to be audited.

The auditor’s opinion is whether the statutory balance

sheet, statutory income statement, and statutory

capital and surplus have been prepared in accordance

with the Act and these Rules.

- Forms 1SFS, 2SFS and 8SFS

Economic Balance Sheet

(EBS)

Beginning with financial year 2016, the EBS framework forms the basis used to determine

capital requirements for Bermuda commercial insurers. The Loss Reserve Specialist is also

required to render an opinion on the reasonableness of EBS technical provisions.

The Economic Balance Sheet framework

Principles of EBS

Assets and liabilities are assessed and

included on the EBS at fair value in line with

GAAP principles, or, if GAAP does not

require an economic valuation, following the

EBS fair value hierarchy.

Specifically with respect to insurance

liabilities, an EBS Technical Provision (TP) is

established as the sum of a best estimate

liability (BEL) and a risk margin (RM). The

BEL represents the value of best estimate

cash flows, discounted to reflect the time

value of money and appropriate illiquidity

adjustment. The RM is included to provision

for uncertainty inherent to the underlying

cash flows.

When applying the EBS framework, the

principle of substance over form is applied,

for example when selecting actuarial

methodologies.

Market value of

assets

Assets

Free surplus

Liabilities

Required capital

over MSM

Minimum Solvency

Margin (MSM)

Risk margin

Best estimate

liability

EBS Technical

Provision

Enhanced Capital

Requirement (ECR)

Assets backing

Technical Provision

The Technical Provision represents the amount required to meet insurance obligations as

they fall due, and compensate capital providers for assuming the risk inherent in these

obligations.

Unpacking the Technical Provision

Best estimate cash

flows

Discounted for time

value of money and

illiquidity

Risk margin

EBS Technical

Provision

- + =

1. Liability cash

flows are projected

according to the

actuary’s best

estimate assumptions

for the relevant risk

drivers.

2. Cash flows are

discounted to reflect

time value of money

and illiquidity. The

BMA provides

calibrated discount

curves for widely used

currencies.

3. A risk margin is

added to reflect the

inherent uncertainty

in the best estimate

cash flows. This

reflects the amount of

compensation

required by capital

providers for bearing

this uncertainty.

4. The EBS

Technical Provision

is the total liability

value recorded for

insurance obligations.

The Loss Reserve

Specialist renders an

opinion on the

reasonableness of

overall TPs.

There are several other new concepts in the EBS framework that build on the statutory basis

toward a more economically consistent technical provision. Notably, insurers need to

calculate a risk margin, adjust reinsurance recoverables for default costs, and render an

actuarial opinion on the overall reasonableness of the TPs.

Other EBS considerations

Counterparty default

Under the EBS framework, reinsurance recoverables must

be adjusted for expected losses due to counterparty default.

The preferred methodology mirrors widely used expected

credit loss approaches.

Bound But Not Incepted (“BBNI”) Business

Provisions must also be set aside for business to which the

insurer is bound to as at the valuation date, even though the

underlying contracts may not yet have incepted.

Risk margin

A risk margin is added to the BEL to arrive at the

total EBS technical provision. Although the BEL by

definition reflects the expected value of insurance

benefits payable, there is inherent uncertainty in the

underlying cash flows.

Conceptually, the risk margin represents the

compensation required by the insurer to bear this

uncertainty. The preferred methodology is the Cost

of Capital approach, but certain approximations are

permissible. Under this approach, the insurer

calculates the cost of holding its required capital over

the lifetime of its insurance obligations, as follows:

   





 



• 



is the insurers required capital at time t, per

the standard formula or its own internal model.

• 



is the risk-free discount rate

•  is the cost of capital – currently 6%

Actuarial opinion

Under the new reporting regime, an actuarial opinion is

required on the reasonableness of EBS TPs.

The Loss Reserve Specialist should specifically discuss the

following:

• Commentary on data underlying the EBS TPs

• Discussion of how Events Not In Data (ENIDs) are

incorporated into their actuarial estimates

• Discussion of how the Loss Reserve Specialist arrived at

their actuarial estimates of the insurer’s aggregate TPs

• Commentary on the methodology used to arrive at the

adjustment included in the best estimate of reinsurance

recoveries that was made to reflect expected losses due

to counterparty default

Bermuda Solvency Capital

Requirement (BSCR)

Insurers are required to demonstrate capital adequacy with respect to the Bermuda

Solvency Capital Requirement (BSCR), which is computed per the BMA’s standard capital

model or an approved internal capital model.

Capital requirements

Risk categories

General insurers must calculate capital requirements with respect to the

categories to the right. Most capital calculations are determined by

multiplying the prescribed capital factor by some defined exposure amount.

Some key factors include:

• Premium: ranges from 15-55% of diversified net written premium with

concentration adjustment

• Reserve: ranges from 12-52% of diversified EBS BEL with concentration

adjustment

• Catastrophe: Net PML less CAT premium less credit risk charge on

reinsurance recoverable

• Market: generally, market value x factor ranging by riskiness of asset

Diversified BSCR

Market Risk

Fixed Income

Equity

Interest/Liquidity

Concentration

Currency

Credit Risk

Reinsurance

counterparty

Accounts

receivable

Insurance Risk

Premium

Reserve

Catastrophe

Operational Risk

Capital

adjustments

Aggregation

Capital requirements are aggregated in a straightforward manner, applying

a very simple dependency structure as follows:

• Half the credit risk charge is perfectly correlated with reserve risk

• All other pairs are independent of each other

• Operational risk and capital adjustments are added on post

diversification

Below we explain in more detail the risk charges associated with Bermuda’s BSCR framework

for general insurers

BSCR Individual Charges

Summary

of BSCR Risk Charges

Risk Module Bermuda BSCR

Fixed Income Investment Risk Applies to all fixed income investments, and charges vary by asset class (corporate bonds, mortgages,

etc.) and BSCR rating.

Equity Investment Risk Applies to all equity investments and varies by various factors. Includes common equity, preferred

equity, and real estate.

Credit Risk Applies to reinsurance exposure balances, as well as accounts receivables.

Interest and Liquidity Risk Applies to total market value of assets, and based on net duration gap.

Concentration Risk Applies to top 10 asset exposures. Effectively, the insurer must hold double the asset risk charge on

these 10 exposures; however the additional charge is diversified with other risk modules.

Premium Risk Applies by BMA Line of Business. Written premium applicable for each line is used to arrive at a

premium risk charge by multiplying the relevant premium by an associated pre-defined risk factor

Reserve Risk Applies by BMA Line of Business. Takes the claims provision component of the TPs by Line of Business,

and arrives at a reserve risk charge by multiplying the claims provision by an associated pre-defined

risk factor

Catastrophe Risk Catastrophe risk exposures by peril / region are multiplied by risk factors and aggregated in order to

arrive at an overall catastrophe risk charge

Diversification Credit Applied using a straightforward covariance approach prescribed by the BMA.

Operational Risk Applies as a surcharge to diversified

BSCR, based on the insurer’s self assessment of their risk controls

and governance.

Taxes N/A

Financial instruments may qualify into one of three tiers according to their permanence and

subordination. The BMA further enforces constraints on the quality of capital supporting the

MSM and ECR.

Solvency ratios and eligible capital

MSM and ECR

The Minimum Solvency Margin (MSM) is a prescribed regulatory capital floor as a function of business volume. The

Enhanced Capital Requirement (ECR) is the maximum of the MSM and BSCR requirements. The BMA imposes a target

ECR coverage ratio of 120%. BSCR will almost always be greater than the MSM and will hence drive the ECR.

The minimum capital requirements are intended to reflect a 0.5% probability of insolvency, generally considered

commensurate to a BBB-rated company. Companies targeting higher credit ratings would target higher coverage ratios as

defined in their risk appetite.

Tier Constraints General criteria for eligibility

Tier 1

At least 80% of MSM

At least 50% of ECR

Perpetual, unencumbered, non

-redeemable,

non

-callable and the highest level of

subordination

Tier 2

At most 25% of MSM

At most 50% of ECR

Relaxes some Tier 1 criteria to allow callable

hybrids and some other non

-perpetual

instruments available under a going concern, and

certain approved letters of credit/guarantees

Tier 3

Ineligible for MSM

At most 15% of ECR

Further relaxes criteria to allow more non

perpetual instruments, and certain approved

letters of credit/guarantees

Eligible capital

The general criteria for an instrument

to qualify into one of the three capital

tiers are outlined in the table to the

right.

In the case where certain assets are

encumbered due to the nature of a

particular reinsurance structure, any

excess encumbrances are classified as

either Tier 1 or Tier 2.

Governance and disclosure

Commercial insurers are required to submit certain qualitative and quantitative reporting

deliverables with respect to their risk governance. Notably, insurers must complete a

Commercial Insurer’s Solvency Self Assessment (CISSA), as well as report the Pillar 1

quantitative impacts as a result of a set of prescribed and self-identified stress tests.

Pillar 2 reporting

CISSA

The insurer must self-assess its capital requirements with

respect to the key risk categories identified by the BMA,

and provide commentary on why its self-assessment

differs from the BSCR.

The insurer must additionally disclose contingency plans

with respect to maintaining capital adequacy under

stress.

Insurers with value-added CISSAs incorporate the results

from the self-assessment into its key strategic decisions.

Common areas where CISSA results are integrated into

business decisions include:

• Strategic planning

• Defining risk appetite

• Capital allocation

• Rating agency considerations

• Reinsurance strategy

• Profitability measurement

• M&A

As part of the CISSA, the Board must review risk

governance policies and processes.

Stress Testing

Commercial insurers are also required to submit

supplementary quantitative analysis describing the

impacts of certain stresses on statutory surplus. The

scenarios under consideration are a combination of those

prescribed by the BMA, insurer-specific underwriting

scenarios, and reverse stress tests.

When quantifying the financial impact of a particular

stress test, it is important to consider the following key

dimensions:

Business Strategy:

Changes to volume of

exposure

Risk Strategy:

Changes to allocation of

risk portfolio

Financial Strategy:

Changes to capital

structure

Environment:

Progression along

business/market cycles

Dimensions of

stress testing

Beginning with financial year 2016, commercial insurers are required to submit a Financial

Condition Report (FCR), which is to be made publicly available. The report provides risk

disclosure with respect to five key areas.

Pillar 3 reporting

Financial Condition Report

The FCR requires the insurer to discuss its risk management function and overall business operations with respect to five

key areas: business & performance, system of governance, risk profile, solvency valuation, and capital management.

This structure is analogous to similar disclosure requirements under Solvency II.

Business &

Performance

•Ownership

•Group structure

•Insurance

business

•Investment

portfolio

System of

Governance

•Board and

senior

management

•Fitness and

propriety

•Key functions

•CISSA

•Outsourcing

Risk Profile

•Material risks

•Risk mitigation

•Concentrations

•Prudent person

principle

•Stress testing

Solvency

Valuation

•Valuation bases

•Recoverables

Capital

Management

•Eligible capital

•Regulatory

capital

•Internal capital

modeling

•Partial model

integration

Other

•Subsequent

events

Transition to new regime

In its continued effort to maintain Solvency II equivalence, the BMA planned several

refinements to the BSCR standard model which were recently field-tested prior to

implementation. The changes came into effect 1/1/2019 and phased-in over a ten year

period for long-term insurers.

Transition to new regime

Area Anticipated change

Equity risk

In the current regime, equity risk charges range from 5% to 55% by type of holding. The new

regime introduces various changes to these charges, notably increasing the charge on common

stocks from 14.4% to 35%. Additionally, strategic or duration based holdings are now charged

20%. Short positions used for hedging purposes may be netted.

Additionally, equity holdings are classified into three buckets, which are assumed to be 75%

pairwise correlated, as opposed to perfect correlation in the current framework.

Risk aggregation

In the current regime, risks are generally considered to be independent, with a few exceptions,

leading to generous diversification benefits. The new regime uses multiple layers of correlation

matrices, consistent with the Solvency II approach.

Operational risk

In the current regime, the operational risk surcharge ranges from 1% to 10% according to the

insurer’s score on the CIRA. The scoring process is unchanged; however, the new regime

changes the associated range of surcharges to 1% to 20%, and steepening the scale such that

insurers are further incentivized to implement comprehensive operational risk frameworks.

Deferred taxes

The BMA recognizes that certain Bermuda-licensed insurers pay taxes in a foreign jurisdiction,

and consequently any loss absorbing capacity resulting from such should be deducted from the

insurer’s capital requirements. The new regime sets adjustment limits based on a combination

of carried-back losses, current net DTL position, and anticipated carried-forward losses.

Transition to new regime (cont’d)

Area Anticipated change

Premium risk

In the current regime, premium risk exposure only considers net written premiums for the

current reporting year. To better align with Solvency II, the scope for premium risk charge is

expanded to include potential growth in earned premium over the following year, as well as

future earned premiums on multi-year contracts.

Risk mitigation

The BMA recognizes that risk mitigation techniques are central to many insurers’ business

strategies, and will allow adjustments to capital requirements subject to certain criteria on the

permanence and legal enforceability of such mitigation.

Look through

In the current regime, risk charges for investments in collective investment vehicles or funds

are evaluated on a total basis. The new regime requires “looking through” to the underlying

assets within the fund and determining risk charges on an individual basis.

If individual asset information cannot be reliably obtained, risk charges may be calculated based

on a target allocation provided that the underlying assets are strictly managed to these targets,

or based on investment limits, representing the riskiest allocation that is at any time

permissible within the investment strategy.

Phase-in

Proposed changes will be linearly graded in over three

reporting years beginning with the 2019 year-end filings.

Heldar Carreiro

Director

Audit and Advisory

Bermuda

+1 441 299 1308

heldar[email protected]

Gokul Sudarsana

Director

Actuarial, Risk & Analytics

Bermuda

+1 441 298 1132

gokul.sudarsana@deloitte.com

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