Upload
phamlien
View
213
Download
0
Embed Size (px)
Citation preview
Overview of MDIC Takaful and Insurance Benefits
Protection SystemAfiza Abdullah
7th DICJ RoundtableTokyo, Japan7 March 2013
Agenda
Background
About MDIC
Public Policy Objectives
Principles for Developing Insurance Guarantee Schemes
Designing Takaful & Insurance Benefits Protection System (TIPS) –Main Considerations
Critical Success Factors
Salient Features of TIPS
Benefits of Integrated System ‐ the Malaysian Experience
Challenges
Going Forward
Page 2
Page 3
BackgroundMDIC is a statutory body established under the Malaysia Deposit InsuranceCorporation Act (PIDM Act)
Established in September 2005 to administer the nationaldeposit insurance system aimed at protecting depositors
Government Deposit Guarantee (GDG): 16 October 2008 – 31 December 2010
Insurance Guarantee Scheme Fund (ex‐post) managed by Bank Negara Malaysia(BNM) since 1996
As part of the GDG exit plan, BNM proposed MDIC to establish an insurancecompensation scheme with broader function than IGSF
MDIC’s mandate has been extended to protect Takaful andInsurance Benefits Protection System (TIPS) since 31 Dec 2010
4Page 4
Governance of MDIC• MDIC reports to Parliament through Minister of Finance
• MDIC is an operationally independent government agency (statutory body) that complements prudential regulatory and supervisory role of the Central Bank of Malaysia (BNM) by providing safety net for depositors and insurance policyholders
• Board of Directors structure
– Chairman appointed by Minister of Finance
– Governor of BNM (ex officio)
– Secretary General of Treasury (ex officio)
– Not more than 6 members from the public and private sectors appointed by Minister of Finance
• CEO – Appointed by Minister of Finance on the recommendation of the Board of Directors. Not a member of the Board of Directors.
5Page 5
MDIC’s Mandates
6Page 6
(1)
• Administer deposit insurance system (DIS) and takaful and insurance benefits protection system (TIPS) under the MDIC Act.
(2)
• Provide insurance or protection against the loss of part or all of:• deposits; and• takaful or insurance benefits.
(3)
• Provide incentives for sound risk management in the financial system.
(4)
• Promote or contribute to the stability of the financial system.
In achieving its objects under (2) and (3), MDIC shall act in such manner as to minimize costs to the financial system
Enhanced Role of MDICMDIC administers 2 separate financial
consumer protection systems
Deposit Insurance System
• Protects against loss of deposits up to RM250,000
• 2 separate Funds:
Conventional
Islamic
Takaful and Insurance Benefits
Protection System
• Protects against loss of eligible takaful and insurance benefits up to prescribed limits
• 4 separate Funds:
Life (conventional + Islamic)
General (conventional + Islamic)
All legislative powers of MDIC apply to both systems
Page 7
Part I PRELIMINARY Section 1. Short title and commencement 2. Interpretation
Part II MALAYSIA DEPOSIT INSURANCE CORPORATION Chapter 1 Objects and operations • Amended to include TIPSChapter 2 Board of Directors • No key amendmentsChapter 3 Chief Executive Officer • No key amendmentsChapter 4 Officers and employees • No key amendmentsChapter 5 Duties and powers • No key amendmentsChapter 6 Finance • Amended to include non consolidation of funds for TIPS
Page 8
Malaysia Deposit Insurance Corporation Act 2011
Part III MEMBERSHIP, CANCELLATION AND TERMINATION • To include insurer member
Part IV DEPOSIT INSURANCE Chapter 1 Scope of coverage• No key amendmentsChapter 2 Premiums • No key amendmentsChapter 3 Payments• No key amendments
Part V (NEW)TAKAFUL AND INSURANCE BENEFITS PROTECTION Chapter 1 Scope of coverage 68. Definitions 69. Scope of coverage for takaful certificates and insurance
policies70. Transfers of certificates or policies among insurer members Chapter 2 Premiums 71. First premium in respect of insurer members 72. Annual premium in respect of insurer members 73. Calculation of annual premium in respect of insurer
members 74. No set‐off in respect of insurer members
Part VI EXAMINATION OF MEMBER INSTITUTIONS 96. The Corporation or Bank Negara Malaysia, upon request by
the Corporation, may examine the operations of a member institution.
• No other key amendments
Part VII ACTIONS BY THE CORPORATION Chapter 1 Actions in respect of non‐viable member institutions • No key amendmentsChapter 2 (New)Provisions relating to bridge institution 118. Designation of bridge institution 119. Publication of notice 120. Bridge institution authorized to carry on business 121. Non‐application of requirements 122. Bridge institution not a successor employer 123. Power to give directions 124. Assumption of portion of uninsured deposit or unprotected
benefit liability 125. Stay in respect of bridge institution 126. Notice of intention to continue proceedings 127. Assistance to bridge institution 128. Corporation may hold shares of member institution
Page 9
Malaysia Deposit Insurance Corporation Act 2011
75. Premium surcharge in respect of insurer members 76. Overdue charges in respect of insurer members 77. Premium regulations in respect of insurer members 78. Premiums and surcharges on insurer members deemed earnedChapter 3 Payments 79. Payment in respect of protected benefit 80. Obligatory payment in respect of protected benefit 81. Discretionary payment in respect of protected benefit 82. Advance payment in respect of protected benefit 83. Cessation of insurance policies and takaful certificates on
winding up 84. Determining the obligatory payment for family solidarity takaful
certificates and life policies 85. Determining the obligatory payment for general takaful
certificates and general policies 86. Notification by the Corporation 87. Calculation of return or interest on protected benefit for
obligatory payment 88. Corporation may pay return or interest on obligatory payment
in respect of protected benefit 89. Calculation of return or interest on protected benefit for
discretionary payment 90. Discharge of liability, etc., in respect of protected benefit 91. Subrogation in respect of protected benefit 92. Assignment in respect of protected benefit 93. Time limitation for claim in respect of protected benefit 94. Independent actuary
Part VIII (New)STABILISATION COVERAGE
Part IX POWERS IN RELATION TO ASSETS ACQUIRED BY THE CORPORATIONChapter 1 Acquisition and disposal by the Corporation • No key amendmentsChapter 2 Provisions relating to a conservator• No key amendments
Part X OFFENCES • No key amendments
Part XI GENERAL PROVISIONS • No key amendments
Part XII REPEAL, SAVINGS AND TRANSITIONAL • Added transfer of IGSF from BNM
Page 10
Malaysia Deposit Insurance Corporation Act 2011
Chapter 3 General provisions relating to winding up • No key amendmentsChapter 4 Specific provision on winding up of deposit‐taking member • No key amendmentsChapter 5 (NEW)Specific provisions on winding up of insurer member 135. Interpretation 136. Winding up of insurer member on application by persons other
than the Corporation 137. Notice of winding‐up proceedings by persons other than
Corporation 138. Liquidator’s reports and accounts 139. Statement of affairs 140. Order of certain payments in the winding up of an insurer
member 141. Application of takaful funds or insurance funds in the winding
up of a takaful operator or insurance company142. Order of payments in relation to assets of a takaful operator or
insurance company 143. Waiver of strict proof of debt 144. Non‐application of certain provisions in the Companies Act
1965, Insurance Act 1996 and Takaful Act 1984
Page 11
Public Interest as the Primary Objective• by alleviating financial loss to the policy owners in the event of a failure and enhancing the stability of the financial system
Provide a financial safety net for financial consumers of the
insurance and takaful industry
• by minimising competitive distortion amongst players in the financial sector
Accord similar protection for consumers of the insurance and
banking industry
• by education• by maintaining public confidence
Promote and contribute to the growth of the insurance and
takaful industry
• through risk assessment & monitoring and differential levy system
Complement supervisor’s efforts to promote sound risk management of insurance and
takaful operators
• enable prompt and effective intervention and resolution measures
• in a manner as to minimise cost to the financial system
Explicit intervention and resolution powers
12Page 12
Page 13
Guiding Principles Shaped the Design of Insurance Guarantee Scheme
14
Support financial stability
Appropriate level of coverage ‐ balance
moral hazard and long term efficiency and competitiveness
Reasonable balance in enhancing protection for policyholders and
minimising unnecessary burden to insurance industry
Provide equitable coverage for
conventional and Islamic financial
consumersEnsure Shariah
compliance in takafulmatters
Ensure needs and requirements of local environment and
economic developments are met by the design features
Page 14
Page 15
Consideration Factors
16Page 16
• Same agency for deposit insurance scheme and TIPS?•Government administered or privately administered?
Institutional arrangements
•Compulsory or voluntary membership? •Members institutions to include direct insurers or intermediaries or reinsurers?
Membership
•No limit ‐ full protection/unlimited cover?• Limited ‐ based co‐sharing or absolute limit?•Aggregation ‐ per policy or per life insured?
Limits
•Persons protected ‐ individuals, small enterprises or corporations?•Products protected ‐ based on types of policies or benefits?Scope
•Levy ‐ ex‐post, ex‐ante or use of target fund size?• Liquidity needs ‐ Government credit line, borrow or raise funds?Funding
Consideration Factors
17
• Levy based on gross premiums, net premiums, liabilities or actuarial reserves?
• Levy calculated on broad basis (overall) or narrower basis (only on protected policy/benefit/limit)?
Assessment Base
•Use of single fund or multiple separate funds?• For multiple separate funds ‐ basis of allocation of income and expenses?
Protection Funds
•Liquidation ‐ any subrogation rights for the claims paid from the guarantee fund?Subrogation
•Avoidance of prohibited elements.• Setting‐up of separate fund and investment in shariah compliant instruments.
• Contractual relationship between guarantee provider and takafuloperator.
Takaful Specific Issues
(considerations to be Shariah compliant)
Page 17
Page 18
Critical Success Factors
19
Mandate ‐ to be all
encompassing
Governance ‐ establishment,
reporting structure‐ Board composition, administration of
fund
Funding ‐ readily available pool to deal with
failure‐ support of
Government or ability to borrow/ raise funds to meet liquidity needs
Relationship with key
Stakeholders‐ co‐operation with
Supervisory Authority and MOF
Vast Resolution & Intervention
Powers ‐ explicit early
intervention powers‐ bridge institution
Communication and Public Awareness‐ consumer
education initiatives targeted to promote
awareness
Legal Protection‐ when acting in
good faith
StabilisationCoverage‐ to maintain stability during financial crisis
‐ extend protection to non members or protection exceeding
limit/scope
Page 19
Page 20
TIPS ‐ Implemented 31 December 2010
Page 21
TIPS DesignEnsure
comprehensive and even protection to policy owners
Avoid distortion of competition
Reduce adverse incentives
Ensure cost efficiency in the resolution of a non‐viable insurer
Enhance market confidence and
stability
NOTE:Insurance policy owners also include takaful certificate ownersInsurance companies also include takaful operatorsInsurance benefits also include takaful benefits
Key Features of TIPS Protection
Protection:• Based on benefits and not by type of insurance policies
Eligibility Condition:• The policy must be denominated in Ringgit Malaysia• The policy must be issued by a licensed insurer in Malaysia
Policy Owners Protected:• Generally, all types of policy owners are protected ‐
individuals, corporations, sole proprietors, charitableorganisations, partnerships, societies etc
Page 22
Members
Membership is mandatory and automatic: a legal requirement for carrying on insurance business.
MANDATORY
EXCLUDED
Page 23
• Life insurance companies• General insurance companies• General takaful operators• Family takaful operators
• Reinsurers• Financial guarantee insurer• International takaful operators• Agents, brokers etc
24
Protection ‐ Life Insurance
Protected Benefits Limit
Death and related benefits RM500,000
Permanent disability RM500,000
Critical illness RM500,000
Maturity value (excluding unit portion of investment‐linked policies) RM500,000
Surrender value RM500,000
Accumulated cash dividend RM100,000
Disability income RM10,000 per month
Annuity income RM10,000 per month
Medical expenses 100% of expenses incurred
Refundable prepaid premiums 100% of amount prepaid
Person Eligible: Policy owners of Ringgit‐denominated Malaysian policies.
Page 24
Protection ‐ General Insurance
25
Protected Benefits Limit
Loss of or damage to property‐ Includes eligible (i) Immovable property (house, factory etc); (ii) Movable
property (machinery, office equipment, cargo etc); (iii) Motor vehicle; and (iv) Ship and aircraft
RM500,000 per property
Death and related benefits RM500,000
Permanent disability RM500,000
Critical illness RM500,000
Disability income RM10,000 per month
Medical expenses 100% of incurred expenses
Refundable prepaid premiums 100% of amount prepaid
1) Claims by eligible third parties (third party property damage and bodily injury) are also protected subject to the above limits
2) Person Eligible: Policy owners of Ringgit‐denominated Malaysian policies.
Page 25
Benefits Not Protected by MDIC
e.g. Loss of profit insured under Fire Consequential
Loss Policy
e.g. Damages payable under Professional
Indemnity and Directors’ & Officers Liability
e.g. Losses insured under Fidelity Guarantee Policy
Page 26
Loss of profit suffered by business
Damages payable for professional negligence
Fraudulent losses
committed by employees
e.g. Legal costs insured under Liability Policy
The investment portion is similar to unit trust
Legal costs
Investment portion of investment‐linked policy
Rationale for Limits
• To discourage policy owners from encashing policies during distress ‐ could hamper MDIC’s preferred resolution action ‐ transfer the policies over liquidation
Surrender Value[RM500,000]
• Based on compassionate grounds ‐ limit can cause administrative difficulty for policy owners to spread the risk and claim from several insurance companies
Medical Expenses[No cap]
• Based on Malaysian household earnings statistics ‐majority of households will be covered in full
Disability & Annuity Income [RM10,000 per month]
Page 27
Absolute limits preferred over co‐insurance:• So that retail consumers are protected in full • Encourage policy owners to distribute their policies across more insurance companies • Encourage policy owners to exercise discretion in selection of insurer • To some extent limit the loss to the protection fund
Limit of RM500,000 ‐Most of the policy owners will be covered in full
Protected benefits will be aggregated based on the following rule:
Aggregation Rule
Page 28
Same Insurance Company
Same Policy Owner
Same Risk Event
(e.g. death)
Same Life Insured or Property Insured
Illustration 1Mr Lim is employed with Troton Bhd and is insured under his employer’s Group Personal Accident Policy for RM200,000. He also has a Whole Life and an Endowment policy for himself (sum insured of RM300,000 under each policy). All the policies were bought from XYZ Insurance Bhd. In March 2011, he died in an accident.
In the event of failure of XYZ Bhd, the application of the aggregation rule and the payment that will be made to Mr Lim are as follows:
Group PA Policy Whole Life Policy Endowment PolicyPolicy Owner Troton Bhd Mr Lim Mr Lim
Insurer XYZ Insurance XYZ Insurance XYZ Insurance
Risk Event Death Death Death
Life Insured Mr Lim Mr Lim Mr Lim
Aggregation Rule Applies? NO Will be aggregated based on “same insurer, same policy owner, same risk event and same
life insured”.Amount Claimed RM200,000 RM300,000 RM300,000Amount Protected Under TIPS RM200,000 Capped at RM500,000
Page 29
Illustration 2Ms. Liza owns two cars and bought the motor insurance policy for both her cars (ABC 666 & IJK 888) with XYZ Insurance Bhd and had filed the following claims with the insurance company and both the claims had not been settled yet.
Date Event Description Details of Claim
Jan 2010 Ms. Liza’s car (ABC 666) was damaged in an accident Claim 1 ‐ Property damage for RM300,000
Aug 2010 Ms. Liza’s car (IJK 888) was damaged in an accident Claim 2 ‐ Property damage for RM350,000
In the event of failure of XYZ Insurance Bhd, the application of the aggregation rule and the payment that will be made to Ms. Liza are as follows:
Claim 1 Claim 2Policy Owner Ms. Liza Ms. LizaInsurer XYZ Insurance Bhd XYZ Insurance BhdRisk Event Damage to property Damage to propertyProperty Insured Car ‐ ABC 666 Car ‐ IJK 888Aggregation Rule Applies? NO NOAmount Claimed RM300,000 RM350,000Amount Protected Under TIPS RM300,000 RM350,000
Page 30
Funding
Cover annual operating expenses and build Insurance Funds over time
Government credit line facility for
immediate liquidity needs
Ex‐ante annual premium
contributions
Ex‐post levies to fund unexpected losses and to
rebuild insurance Funds when necessary
GENERAL TAKAFUL
LIFEINSURANCE
GENERALINSURANCE
FAMILY TAKAFUL
TIPS FUNDS
Combined ex‐ante and ex‐post funding by insurer members
Page 31
Maintenance of Six Separate Funds
Two (2) Funds for Deposit Insurance and Four (4) Funds for TIPS
No co‐mingling or cross‐subsidisation between Funds
Conventional Deposit Insurance Fund
GeneralInsurance Fund
LifeInsurance Fund
GeneralTakaful Fund
Family Solidarity Takaful Fund
Islamic Deposit Insurance Fund
DEPOSIT INSURANCE SYSTEM TIPS
Page 32
Premium Rate and Assessment Base• Initially was based on flat rate • Differential Levy System ‐ effective assessment year 2013
Page 33
Rating Life Insurance General Insurance Family Takaful General Takaful
1 0.025% 0.05%
0.06% 0.25%2 0.05% 0.1%
3 0.1% 0.2%
4 0.2% 0.4%
Life Insurance/Family Takaful General Insurance/General Takaful
Assessment Base
“Total Actuarial Valuation Liabilities” as at 31December of preceding assessment year
Total net premiums received during preceding assessment year
Subrogation and Priority Ranking
• Subrogation
MDIC having made payments to policy owners under the TIPS,automatically steps into the shoes of the policy owners. MDIC will haverights of claim against the failed insurance company.
• Priority ranking
Insurance benefits in priority to all other unsecured liabilities
Subrogated claims of MDIC rank equally (pari passu) with unprotectedinsurance benefit liabilities.
Page 34
Page 35
Characteristics of the Financial System & the Financial Supervisor
36
Integrated Financial Systems
Most banks and insurance companies in Malaysia are within the samefinancial group/conglomerate
Increasing complex interactions and interconnectedness between sectorsand players
Evolving and complex financial products
Integrated Supervisor
Bank Negara Malaysia (BNM) is the supervisor for both banking andinsurance sectors in Malaysia
Page 36
Operational Efficiency & Effectiveness
37
Specialised Skills
Deposit insurance agency is well positioned to facilitate the resolution of awider range of financial institutions including insurance companies
Economies of Scale and Scope
Eliminate duplicate compliance requirements
More efficient resource allocation as agency will leverage on similarinfrastructure and supervisory resources
Integrated primary prudential regulator needs to deal with only one agencyfor deposit insurance and insurance compensation issues
Page 37
Integrated Approach
38
Co‐ordinated Policy Decision
Minimises inconsistencies and inter‐agency conflicts in policy decisions andapproach
Holistic Overview of Sectors
Provides holistic overview of the sectors and their risks in an integratedmanner
Improve Crisis Response Capabilities
Single point of contact for intervention and failure resolution matters,especially during severe financial distress
Integrated agency facilitates financial institution intervention & failureresolution
Page 38
Page 39
Challenges & Solutions Implemented
40
•MDIC Act provides explicit mandate for both deposit insurance and TIPS•Accountability to the public is discharged through sub‐divisions dedicated to deposit insurance and TIPS in the MDIC Annual Report
•As a statutory body, actions are scrutinised by the Parliament
Pursuance of each mandate effectively, independently and concurrently
•Appointment of Board members with banking and insurance experience• Internal functional separation for check and balance for both sectors
Optimal decision‐making and checks and balances
•Enhanced powers, mandates and intervention toolkits under new MDIC Act•Relationship with the regulator (BNM) ‐ reviewed the Strategic Alliance Agreement•Communication and public awareness on expanded mandate ‐ included TIPS in public awareness programme
•Specialised Expertise ‐ appointment of subject matter experts
Operational Challenges
Page 40
Page 41
Implementation Issues Remaining
42
Funding ‐ Basis of charging and verification of levy
‐ Differential Levy System
‐ Target fund size
Insurability Status ‐ Framework to ascertain insurability status of benefits protected
Disclosure Requirements‐ Disclosure to policyholders on the insurability status
‐ Role of intermediaries in disclosure
Resolution Framework ‐ Polices & procedures for resolution of insurance companies
‐ Least Cost Framework‐ Valuation of liabilities at liquidation or upon transfer
‐ Systems requirements to facilitate payout
Page 42
THANK YOU