Trans City Life Insurance Company, an Arizona Corporation - Page 31

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               c.  Underlying Business                                                
               The insurance business underlying the 1989 Agreement was               
          volatile and risky.  UPL and Guardian entered into a reinsurance            
          agreement on November 25, 1987, under which Guardian reinsured a            
          portion of a block of single premium deferred annuity (SPDA)                
          policies written from January 1 through December 31, 1987, and a            
          portion of a block of single premium whole life (SPWL) policies             
          written from January 1 through December 31, 1987.  Pursuant to              
          the 1989 Agreement, petitioner assumed 30 percent of Guardian’s             
          interest in the individual life portion of the reinsurance                  
          agreement between UPL and Guardian.  The 1989 Agreement did not             
          reinsure with petitioner any deficiency or excess interest                  
          reserves.  The reserves for the business underlying the 1989                
          Agreement were smaller than the reserves associated with the 1988           
          Agreement.                                                                  
               Petitioner did not pay claims, make refunds directly to the            
          insured, or otherwise contact the insured or perform                        
          administrative functions with respect to the policies underlying            
          the 1989 Agreement.                                                         
               d.  Ceding Commission and Risk Charge                                  
               The ceding commission for the 1989 Agreement was recorded as           
          a negative $1 million in the EAB as of June 30, 1989, and                   
          represented the pretax surplus relief generated for Guardian and            
          the pretax statutory loss to petitioner as of that date.  The               
          $1 million ceding commission was approximately 13 percent of the            
          reserves attributable to petitioner under the 1989 Agreement                





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