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4.4 Legal risk - Scor

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(A) GUARANTEED MINIMUM DEATH BENEFIT (GMDB)<br />

In connection with its October 2007 acquisition of Converium Holdings AG (“Converium”), SCOR Global Life inherited<br />

certain retrocession liabilities with regard to Guaranteed Minimum Death Benefit (GMDB) rider options attached to variable<br />

annuity policies written in the U.S.<br />

Its GMDB business indirectly exposes SCOR Global Life to asset <strong>risk</strong> on the variable annuity policyholders’ funds. SCOR<br />

Global Life must pay, in the event of death, the excess of the GMDB over the account balance or the excess of the GMDB<br />

over the cash surrender value, depending on the definition of the underlying reinsurance agreements. A fall in the value of<br />

the variable annuity policies’ funds therefore leads to higher expected claims amounts. The variable annuity policyholders<br />

invest their funds in a wide variety of U.S. equity, other equity, fixed interest, money market, balanced and other funds.<br />

Hence SCOR Global Life is exposed to losses, through higher death claims, if these funds fall in value. Note that these<br />

funds are not held by SCOR Global Life. The assets remain with the originating ceding companies.<br />

Business of this type is not within the usual scope of the SCOR Global Life underwriting policy. These treaties are all in runoff<br />

and, as at 31 December 2012, cover in total approximately 0.6 million policies written by two cedants. These treaties<br />

were issued mainly in the late 1990’s and incorporate various benefit types.<br />

Different types of Guaranteed Minimum Death Benefits are covered, including:<br />

• Return of premium: The GMDB is the amount of total deposits adjusted for partial withdrawals, if any.<br />

• Ratchet: After a given number of years, the GMDB is adjusted to the current account balance, if greater. Most<br />

common is a 1-year ratchet, meaning that the GMDB is adjusted annually on the policy's anniversary date.<br />

• Roll-up: The GMDB increases each year from the initial premium adjusted for later deposits and partial<br />

withdrawals, as the case may be, by a fixed percentage. Rollup guarantees reinsured under SCOR Global Life's<br />

agreements grant an annual accumulation percentage between 3% and 7%. In many products, especially for<br />

higher rollup percentages, an upper limit applies (e.g. 200% of the paid policyholder premium adjusted for later<br />

deposits and partial withdrawals).<br />

• Reset: After a given number of years, the GMDB is adjusted to the current account balance. This means that the<br />

GMDB can be reduced but often not below the paid-up premium (adjusted for later deposits and partial<br />

withdrawals).<br />

Guarantees that increase over time are, for a majority of the assumed business, only applied up to a certain age. This<br />

implies that SCOR Global Life will be released from the <strong>risk</strong> when the beneficiary reaches this age limit.<br />

There are some <strong>risk</strong>s which are specific to the GMDB portfolio. Due to the nature of the product, the remaining liability is<br />

influenced by developments on the financial markets, particularly changes in the price of equities and fixed income<br />

securities, fluctuations in interest rates, and the implied volatility on equity options. The liability is also dependent on<br />

policyholder behavior, particularly on the exercise of partial withdrawal options, but also on other aspects, such as lapse<br />

behavior and the use of options to choose the underlying funds.<br />

As a retrocessionaire, SCOR Global Life is exposed to uncertainties concerning data received from its retrocedants and the<br />

original ceding companies and also due to the inherent reporting lag. SCOR Global Life is also exposed to <strong>risk</strong>s inherent to<br />

the model used for the assessment of the liability under its portfolio.<br />

There can be no assurance that SCOR’s GMDB portfolios will not deteriorate in the future, which could have a material<br />

adverse effect on SCOR’s business, present and future revenues, net income, cash flows, financial position, and potentially,<br />

on the price of its securities.<br />

(B) LIABILITY ADEQUACY TEST<br />

The liability adequacy test conducted at year end 2012 did not detect any deficiencies for either the Non-Life or Life segment<br />

for the year ended 31 December 2012.<br />

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