Implementation of IRDAI Product Regulations 2019 for Life Insurers

भारतीय बीमा विनियामक और विकास प्राधिकरण INSURANCE REGULATORY AND DEVELOPMENT AUTHORITY OF INDIA

Ref No. IRDAI/ACT/CIR/MISC/125/07/2019

Date: 26 July, 2019

To

Chief Executive Officers/Principal Officers of all Life Insurers.

Re: Implementation of IRDAI (Non-Linked Insurance Products) Regulations, 2019 and IRDAI (Unit Linked Insurance Products) Regulations, 2019.

This circular is issued in accordance with the powers vested under Section 14 (2)(e) of the IRDA Act, 1999 read with Section 34(1) of the Insurance Act, 1938, Regulation 38 of the IRDAI (Non-Linked Insurance Product) Regulations, 2019 and Regulation 51 of the IRDAI (Unit-Linked Insurance Products) Regulations, 2019.

This circular shall come into force with immediate effect.

Attention is invited to the IRDAI (Non linked Insurance Products) Regulations, 2019 and IRDAI (Unit Linked Insurance Products) Regulations, 2019. Hereinafter referred to as "IRDAI Product Regulations 2019".

1. Procedure for filing new or modified products/riders.

• (1.1) The insurers shall follow the extant File and Use procedure for filing new or modified products/riders.
• (1.2) For the products and riders which fully comply with extant norms and Regulations, the Authority will endeavor to clear the File and Use Application within one month from the date of receipt.
• (1.3) Annexure A gives format of the certificate which should be submitted along with File and Use Application of every product/rider, in addition to the documents which are being filed currently.
• (1.4) If the information in the File and Use Application and other documents is incomplete or incorrect, the product/rider will be closed and will be returned to the Insurer. In such cases, the provisions of para 5 of this circular will be applicable.

2. Procedure for modification of existing products to comply with captioned Regulations:

• (2.1) The insurers shall examine and ensure that all the existing products on sale are compliant with the IRDAI Product Regulations 2019.

• (2.2) In respect of the existing products and riders which comply with the captioned Regulations, a certificate duly signed by the Appointed Actuary and countersigned by the Chief Executive Officer or Principal Officer of the Insurer shall be submitted to the Authority. A consolidated certificate containing the list of all such products with their brand name and Unique Identification Number (UIN) shall be submitted to the Authority on or before 30 November 2019. The format for certification is enclosed as Annexure B1 and Annexure B2.

• (2.3) The following provisions shall be applicable for the existing products which are not in compliance with the captioned Regulations:

  • (2.3.1) The modifications required to conform to the provisions of the IRDAI Product Regulations 2019 shall be carried out by the Insurer. The Insurer shall file the modified File and Use documents for these products according to circular dated 26 July, 2019 regarding Use and File procedure for certain modifications under existing products and riders offered by Life Insurers.
  • (2.3.2) If there are any modifications which are not covered by the circular dated 26 July, 2019 on Use and File procedure, such modifications may be carried out as per procedure mentioned in para 1 of this circular.

• (2.4) All the existing products and riders not in conformity with the IRDAI Product Regulations 2019 shall be withdrawn on or before 30 November 2019. A certificate, comprising the list of such products/riders withdrawn from the market with the UIN shall be submitted to the Authority on or before 30 November 2019 as per Annexure C1 and Annexure C2.

  • (2.4.1) Once a product/rider is withdrawn from the market, the Insurer shall not procure any new business and / or issue any new policy under that product/rider after the date of withdrawal.
  • (2.4.2) The Insurer may modify the products and riders withdrawn as per para 2.4 above within a period of further three months i.e. upto 29 February 2020. The modifications shall be done as per circular dated 26 July, 2019 regarding Use and File procedure for certain modifications under existing products and riders offered by Life Insurers. Once a product is modified as per this circular, it will be open for sale by the Insurer.
  • (2.4.3) A list of such products which are modified after withdrawal will be sent to the Authority on or before 29 February 2020 as per Annexures C3 and C4.
  • (2.4.4) No withdrawn product shall be modified after 29 February 2020, and may have to be filed as a new product thereafter.

3. Procedure for products which are filed with the Authority but not approved:

In case of products which are already filed with the Authority, but not approved as on date of this circular, the files will be returned for filing afresh in conformity with the IRDAI Product Regulations, 2019.

4. Other provisions for Group Products:

The procedure mentioned in paras 1, 2 and 3 above shall also be followed in respect of Group products and riders:

• (4.1) If a Group product/rider is withdrawn, no new members can be added into existing Group policies. However, all group policyholders at the time of renewal of such policy shall be given an option to switch over to the modified version of the group product/rider, if any, once introduced. Those group policies where the policyholders do not switch over to the modified version shall follow the procedure stated below:

  • (4.1.1) The group policy may continue to be renewed under the UIN of old group product/rider.
  • (4.1.2) The group policy will be closed to new members from the renewal date of the policy immediately after the effective date of this circular.

• (4.2) The Insurer shall obtain written consent from the group policyholder to continue in the old policy. A certificate in respect of Group products/riders which have been withdrawn from the market for new business on account of non-compliance with IRDAI Products Regulations 2019 but which are being continued for members existing on the effective date of this circular, should be submitted to the Authority on or before 30 November 2019 and on every 1 April thereafter as per format given in Annexure D.

5. Procedure to be followed by the signatories of the certificate:

• (5.1) The signatories of the certificates mentioned in this circular (Appointed Actuary and the CEO/Principal Officer of the Insurer) are advised to be mindful of the correctness of the statement/documents signed by them and these are subject to scrutiny under the relevant provisions of the Insurance Act, 1938, extant Regulations / circulars / guidelines / directions.
• (5.2) If any violation of such extant norms is observed, the Authority may initiate such action, as deemed appropriate, against the signatories of the certificate and the Insurer, jointly and severally, under the provisions of the Insurance Act 1938, the Insurance Regulatory and Development Authority Act, 1999 and the relevant Regulations framed there under.

Pournima Gupte Member (Actuary)

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Annexure - A: Certificate of compliance with extant norms and Regulations for new/modified products - to be submitted as per para 1.3 of IRDAI circular dated 26 July, 2019 regarding Implementation of IRDAI (Non-Linked Insurance Products) Regulations, 2019 and IRDAI (Unit Linked Insurance Products) Regulations, 2019.

This is to certify to the best of my/our knowledge and abilities that: