I. – The minimum required solvency margin is determined, according to the nature and type of guaranteed benefits offered in the contracts, in application of the following provisions:
1° For guarantees expressed in euros, with the exception of supplementary insurance or guarantees in the event of incapacity and invalidity, the minimum required solvency margin is calculated in relation to the provisions mentioned in 1° and 4° of article R. 343-3 and the capital at risk. This amount is equal to the sum of the following two results:
– the first result is obtained by multiplying a number representing 4% of the sum of the provisions mentioned in 1° and 4° of Article R. 343-3, relating to direct insurance operations without deduction of reinsurance cessions and to reinsurance acceptances, by the ratio existing, for the last financial year, between the amount of mathematical provisions after reinsurance cessions and the amount of mathematical provisions gross of reinsurance, without this ratio being less than 85% ;
– the second result is obtained by multiplying a number representing 0.3% of the capital at risk by the ratio existing, for the last financial year, between the amount of capital at risk after reinsurance cessions and retrocessions and the amount of capital at risk gross of reinsurance, without this ratio being less than 50%.
For term life insurance policies with a maximum term of three years, the capital at risk multiplier is equal to 0.1%. It is set at 0.15% of these sums for temporary insurance policies in the event of death with a term of more than three years but not more than five years.
The capital at risk is equal to the risk of death, less the mathematical provision for the principal risk;
2° For supplementary insurance or guarantees in the event of incapacity and invalidity mentioned in article L. 143-2, the minimum solvency margin requirement is equal to the minimum margin requirement for insurance undertakings set out in article R. 334-5 ;
3° For unit-linked guarantees, the minimum required solvency margin is equal to :
a) Where the supplementary professional pension fund assumes an investment risk, to a number representing 4% of the technical provisions relating to direct insurance operations and acceptances gross of reinsurance multiplied by the ratio mentioned in the first result defined in 1° ;
b) Where the supplementary occupational pension fund does not assume any investment risk, to a number representing 1% of the technical provisions of the contracts multiplied by the ratio mentioned in the first result defined in 1°, on condition that the amount intended to cover the management expenses provided for in these contracts is fixed for a period of more than five years;
c) Where the supplementary occupational pension fund does not assume any investment risk and for contracts which provide that the management fees are not fixed for a period exceeding five years, an amount equivalent to 25% of the net management expenses relating to these operations for the last financial year ;
d) Where the supplementary occupational pension fund assumes a mortality risk, the amount obtained by adding to either of the results determined by applying a to c a number representing 0.3% of the capital at risk, multiplied by the ratio existing, for the last financial year, between the amount of capital at risk after reinsurance cessions and retrocessions and the amount of capital at risk gross of reinsurance, without this ratio being less than 50%;
4° For guarantees expressed in units of the diversification provision referred to in 9° of Article R. 343-3, the minimum solvency margin requirement is set at 1% of the diversification provision. When the contract corresponding to this provision stipulates that the management expenses are not fixed for a period exceeding five years, the minimum margin requirement is set at an amount equivalent to the product of 25% of the net management expenses relating to these operations for the last financial year multiplied by the share of the diversification provision in the provisions set aside for the auxiliary allocation accounting.
However, where the supplementary occupational pension fund guarantees a minimum value for the diversification provision, the regulatory minimum requirement relating to the share of the diversification provision covered by this guarantee is calculated under the conditions defined in a of 3°;
5° For guarantees expressed in units of annuity corresponding to operations governed by Chapter I of Title IV of Book IV of the present Code, by Chapter II of Title II of Book II of the Mutual Code and by Section 4 of Chapter II of Title III of Book IX of the Social Security Code, the minimum required solvency margin is equal, within the limit of the theoretical mathematical provision mentioned in Article R. 441-21 of this Code, Article R. 222-16 of the Mutual Code and Article R. 932-4-15 of the Social Security Code, to an amount equal to 4% of the sum of :
a) The special technical provision calculated after reinsurance cessions, provided that the ratio between the special technical provision gross of reinsurance and this same provision net of reinsurance cannot be less than 85% ;
b) Net unrealised gains or losses on assets allocated to the special technical provision;
c) The additional special technical provision;
d) And the special technical reversal provision.
II. – For the purposes of calculating the minimum solvency margin requirement, acceptances of risks from other supplementary occupational retirement funds, mutual or union supplementary occupational retirement funds and institutions for supplementary occupational retirement provision, in accordance with the third paragraph of Article L. 381-1, are treated as direct business and retrocessions are treated as reinsurance cessions.
For the inclusion of limited financial reinsurance in the reinsurance ratio mentioned in the second and third paragraphs of 1° and in c of 3° of I, the Autorité de contrôle prudentiel et de résolution is based on the actual transfer of risk.
III. – Upon request and justification from the supplementary professional retirement fund and with the agreement of the Autorité de contrôle prudentiel et de résolution, amounts recoverable in respect of risks transferred to a securitisation vehicle mentioned in Article L. 310-1-2 may be treated as reinsurance cessions for the purpose of calculating the ratio mentioned in the second and third paragraphs of 1° and c of 3° of I.
The AMF takes into account the actual transfer of risk to assess the extent of the reduction in the solvency margin requirement authorised in respect of each transaction carried out with a securitisation vehicle. It also takes into account the ability of the securitisation vehicle to meet its commitments at all times.