Congressional Hearing Considers Private Equity-Controlled Insurers

Link: https://communications.willkie.com/110/1827/uploads-(icalendars-pdf-documents)/congressional-hearing-considers-private-equity-controlled-insurers.pdf

Excerpt:

On September 8, 2022, the U.S. Senate Committee on Banking, Housing and Urban Affairs (“Senate Banking Committee”) held a hearing to consider “Current Issues in Insurance.” One of the items discussed at the hearing was Senator Sherrod Brown’s (D-OH) March 2022 letter to the National Association of Insurance Commissioners (the “NAIC”) and U.S. Department of the Treasury’s Federal Insurance Office (“FIO”) regarding private equity-controlled insurers.1

In his letter, Senator Brown requested that FIO, in consultation with the NAIC, prepare a report for Congress that evaluates the investment strategies pursued by private equity-controlled insurers, the impact on protections for pension plan beneficiaries following pension risk transfer arrangements, and whether state regulatory regimes are capable of assessing and managing risks related to private equity-controlled insurers. In the early summer, the NAIC and the U.S. Department of the Treasury (on behalf of FIO) each provided substantive responses to Senator Brown.2

Author(s): Kara Baysinger | Leah Campbell | Jane Callanan | Matthew J. Gaul
Donald B. Henderson, Jr. | David G. Nadig | Allison J. Tam

Publication Date: 27 Sept 2022

Publication Site: Willkie Farr & Gallagher

Letter to FIO and NAIC from Senate Banking Committee

Link: https://www.banking.senate.gov/imo/media/doc/brown_letter_on_insurance_031622.pdf

Excerpt:

  1. What risks do the more aggressive investment strategies pursued by private equity-controlled insurers present to policyholders?
  2. What risks do lending and other shadow-bank activities pursued by companies that also
    own or control significant amounts of life insurance-related assets pose to policyholders?
  3. Are there risks to the broader economy related to investment strategies, lending, and
    other shadow-bank activities pursued by these companies?
  4. In cases of pension risk transfer arrangements, what is the impact on protections for
    pension plan beneficiaries if plans are terminated and replaced with lump-sum payouts or
    annuity contracts? Specifically, how are protections related to ERISA and PBGC
    insurance affected in these cases?
  5. Given that many private equity firms and asset managers are not public companies, what
    risks to transparency arise from the transfer of insurance obligations to these firms? Will
    retirees and the public have visibility into the investment strategies of the firms they are
    relying on for their retirements?
  6. Are state regulatory regimes capable of assessing and managing the risks related to the
    more complex structures and investment strategies of private equity-controlled insurance
    companies or obligations? If not, how can FIO work with state regulators to aid in the
    assessment and management of these risks?

Author(s): Sen. Sherrod Brown

Publication Date: 16 March 2022

Publication Site: U.S. Senate Banking Committee

Current Issues in Insurance

Link: https://www.banking.senate.gov/hearings/current-issues-in-insurance

Excerpt: https://www.banking.senate.gov/imo/media/doc/Brown%20Statement%209-8-22.pdf

Statement from Chair Sherrod Brown (D-OH)

Every American needs insurance – whether it’s auto insurance to protect us when we’re on the
road, or homeowners’ insurance to protect the biggest investment for most families, or life
insurance to cement your family’s financial security in the event of a tragedy.
It’s our job to make sure that the industry is protecting Americans’ hard-earned money – not
putting it at risk.
American insurance companies are regulated by state insurance commissioners. The state-based
system of insurance regulation is historic, and ensures local markets and needs are taken into
consideration.
The National Association of Insurance Commissioners coordinates state commissioners across
all jurisdictions, to identify and address risks to the entire system.
In the Wall Street Reform Act, Congress created the Federal Insurance Office within the
Treasury Department to promote national coordination in the insurance sector. It’s common
sense – insurers operate across all state jurisdictions and internationally.
I’m pleased to have both the Maryland Commissioner Kathleen Birrane on behalf of the NAIC,
and Director Seitz of FIO testify today.
If we’re going to keep Americans’ hard-earned money safe, it is more important than ever that
they work together.
Today we’ll explore many important topics.
For example, three months ago, Lockheed Martin transferred $4.3 billion of its pensions to
Athene Holding – an insurance holding company specializing in life insurance and owned by the
private equity firm, Apollo Global Management.
Overnight, Lockheed Martin employees and retirees were notified that their pensions would be
managed by Athene and no longer governed by ERISA or the Pension Benefit Guaranty
Corporation.
This is just one recent example of private equity giants’ expansion into people’s pensions and the
insurance industry.
We know that workers end up worse off when Wall Street private equity firms get involved.
We’ve seen it over and over, in industry after industry.
In March, I asked the NAIC and FIO to look into private equity’s expansion into similar pensionrisk transfer transactions. We need to understand the risks to workers whose financial security
depends on pension and retirement programs.
The NAIC and FIO provided thoughtful responses to my letter. The NAIC has been monitoring
the risk-taking behavior of private equity-owned insurers.
FIO has done similar work, and also looked at the wider interconnectedness of insurance and
reinsurance markets across the world. Those connections have added to systemic risk concerns,
because U.S. insurance companies depend even more on the financial health of insurance
companies outside the U.S.
Taken together, our insurance authorities are focused on these emerging and complex risks to
safeguard our economy.
Our communities and families rely on insurance companies to protect their loved ones, their
homes, small business, and so many parts of our lives. We can’t ignore when risks build up, or
firms behave irresponsibly.
And we know who always pays the price when they do. It’s not insurance executives. It’s not
private equity executives. It’s not Wall Street.
It’s workers and their families. And it’s taxpayers, who were forced to bail out AIG 15 years ago.
That should never happen again.
That also means looking around the corner to make sure the industry and agencies are prepared
for risks as they develop. As more Americans face increasingly severe climate catastrophes like
wildfires and hurricanes each year, we need to help communities prepare – and we need to
ensure insurance watchdogs and the companies they oversee are prepared.
In the aftermath of some of these natural disasters, we have seen instances where insurers either
raise prices or stop offering insurance altogether, leaving families and businesses struggling to
find affordable coverage as they rebuild their lives and communities.
We also know this industry has a long history of racial discrimination, just like so many big
industries.
Black and brown families face more difficulty in getting insurance across the board. We’ve seen
this happen in auto insurance.
Earlier this year, The New York Times also reported that customers, insurance agents, and
employees sued State Farm for discrimination in the workplace and in paying out claims.
My colleague Chairwoman Waters has been working on learning more about this as well. Her
committee recently requested information about large life and P&C insurers’ involvement in
financing chattel slavery.
And I’m glad FIO and NAIC are also working on this. NAIC is investigating through its Special
Committee on Race and Insurance.
And I look forward to reviewing FIO’s upcoming report on availability and affordability of auto
insurance, and hope it will shed more light on racial equity in accessing this insurance.
Finally, later this year, the International Association of Insurance Supervisors will meet to
consider whether the U.S. insurance system’s review of capital adequacy standards meets
international criteria.
Because we regulate insurance differently here in the U.S., where state and local markets and
international markets are served by the same companies, it’s important that representatives of the
U.S. system like FIO and the NAIC advocate for fair treatment by the international regulators.
And now that the Fed Vice Chair for Supervision has been confirmed, Michael Barr and the
offices testifying here today will get to work with our international counterparts in this process.
All of these issues show how critical the work of FIO and NAIC is to our economy’s health and
stability. I expect FIO and NAIC to prioritize monitoring these risks in their ongoing work.

Publication Date: 8 Sept 2022

Publication Site: COMMITTEE ON BANKING, HOUSING, AND URBAN AFFAIRS of the U.S. Senate

NAIC Rejects Need for Federal Help With Private Equity-Owned Life Insurers

Link: https://www.thinkadvisor.com/2022/06/02/naic-rejects-need-for-federal-help-with-private-equity-owned-life-insurers/

Excerpt:

State regulators are not seeking help from Washington with monitoring those private equity firm owners, the officers of the National Association of Insurance Commissioners wrote in a public letter sent to Brown earlier this week.

Brown is the chairman of the U.S. Senate Banking, Housing and Urban Affairs Committee.

The NAIC officers told Brown that U.S. life insurers have been writing complicated products and using large, complicated investment strategies for some time.

“Our system has experience at assessing and understanding this dynamic through market highs and lows,” the regulators said. “State insurance regulators are fully capable of assessing and managing the risks of these insurers, and there is nothing PE firms add to the playing field that changes this fact.

Author(s): Allison Bell

Publication Date: 2 June 2022

Publication Site: Think Advisor

Rescue Package Includes $86 Billion Bailout for Failing Pensions

Link: https://www.nytimes.com/2021/03/07/business/dealbook/bailout-pensions-stimulus.html

Excerpt:

Both the House and Senate stimulus measures would give the weakest plans enough money to pay hundreds of thousands of retirees — a number that will grow in the future — their full pensions for the next 30 years. The provision does not require the plans to pay back the bailout, freeze accruals or to end the practices that led to their current distress, which means their troubles could recur. Nor does it explain what will happen when the taxpayer money runs out 30 years from now.

Senator Sherrod Brown, a Democrat from Ohio who has been leading the charge to rescue the ailing pension plans, said that including the provision in the relief bill is a “really big deal” for both the retirees who depend on the money and the employers now being crushed by promises they cannot afford to keep.

Author(s): Mary Williams Walsh and Alan Rappeport

Publication Date: 7 March 2021

Publication Site: New York Times