I. – When, for a given agreement, the ratio of the sum of the special technical provision, the special technical reversal provision and the net unrealised gains and losses on the assets allocated to the special technical provision to the theoretical mathematical provision is less than 1.05, the service value of the annuity unit determined for the following financial year, in accordance with Article R. 441-21, may not exceed that of the previous year.
II. – When, for a given agreement, the ratio of the sum of the special technical provision, the special technical reversal provision and the net unrealised gains and losses on the assets allocated to the special technical provision to the theoretical mathematical provision is greater than 1.05, the value in service of the annuity unit determined for the following financial year, in accordance with article R. 441-21, may be higher than that of the previous year, subject to the following conditions:
a) For agreements providing for downward options in application of II of Article L. 441-2, the service value of the annuity unit is determined each year in such a way that, after payment of the benefits due in respect of the year, the ratio between, on the one hand, the sum of the special technical provision, the special technical reversal provision and the net unrealised gains and losses on the assets allocated to the special technical provision and, the theoretical mathematical provision does not fall below 1.05 and that, where applicable, the excess over 1.05 does not decrease by more than the sum of one tenth of the excess over 1.05, capped at 0.25, and the excess over 1.3;
b) For agreements that do not provide for a reduction option under II of Article L. 441-2, the service value of the annuity unit is determined each year in such a way that, after payment of the benefits due in respect of the year, the ratio between, on the one hand, the sum of the special technical provision, the special technical reversal provision and the net unrealised gains and losses on the assets allocated to the special technical provision and, the theoretical mathematical provision does not fall below 1.1 and that, where applicable, the excess over 1.1 does not decrease by more than the sum of one tenth of the excess over 1.1, capped at 0.3, and the excess over 1.4.