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The 2022 Annual Report is being revised to reflect the impact on previously filed financial statements and other disclosures therein of the adoption of the Long-Duration Targeted Improvements (“LDTI”) by Equitable Financial described in Item 8.01 of this Current Report on Form 8-K. The 2022 Annual Report is revised as follows:
•the information set forth in the following sections under the heading “Part II, Item 7. Management’s Discussion and Analysis of Financial Condition and Results of Operations” in the 2022 Annual Report is replaced in its entirety by the information set forth below in this Exhibit 99.1 in the corresponding sections under the heading “Part II, Item 7. Management’s Discussion and Analysis of Financial Condition and Results of Operations”:
•the information set forth in the following sections under the heading “Part II, Item 7A. Quantitative and Qualitative Disclosures About Market Risk” in the 2022 Annual Report is replaced in its entirety by the information set forth below in this Exhibit 99.1 under the heading “Part II, Item 7A. Quantitative and Qualitative Disclosures About Market Risk.”;
•the information set forth under the heading “Part II, Item 8. Financial Statements and Supplementary Data” in the 2022 Annual Report is replaced in its entirety by the information set forth below in this Exhibit 99.1 under the heading “Part II, Item 8. Financial Statements and Supplementary Data.”
Other than as set forth herein, the 2022 Annual Report remains unchanged. Those sections of the 2022 Annual Report which have not been revised, as set forth herein, are not materially impacted by the actions taken by Equitable described in this 8-K. Accordingly, the revised information set forth in this Current Report on Form 8-K should be read in conjunction with the 2022 Annual Report.
Part II, Item 7.
MANAGEMENT'S DISCUSSION AND ANALYSIS OF FINANCIAL CONDITION AND RESULTS OF OPERATIONS
The following discussion and analysis of our financial condition and results of operations highlights selected information and may not contain all of the information that is important to current or potential investors in our securities. This Recast 2022 Annual Report (the “Recast 2022 Annual Report”) updated certain sections of Equitable Financial Life Insurance Company’s Annual Report on Form 10-K for the fiscal year ended December 31, 2022 (the “2022 Annual Report”) and should be read alongside the 2022 Annual Report in its entirety for a more detailed description of events, trends, uncertainties, risks, and critical accounting estimates affecting us. This Recast 2022 Annual Report does not otherwise seek to update that previously reported information for events occurring subsequent to the February 21, 2023 filing of the 2022 Annual Report, except as otherwise noted herein. See our Current Reports on Form 8-K and Quarterly Reports on Form 10-Q filed subsequent to that 2022 Annual Report for information regarding those subsequent events.
Executive Summary
Overview
We are one of America’s leading financial services companies, providing advice and solutions for helping Americans set and meet their retirement goals and protect and transfer their wealth across generations. We operate as a single segment entity based on the manner in which we use financial information to evaluate business performance and to determine the allocation of resources. We benefit from our complementary mix of product offerings. This mix in product offerings provides diversity in our earnings sources, which helps offset fluctuations in market conditions and variability in business results, while offering growth opportunities.
Long - Duration Targeted Improvements (“LDTI”) Adoption
Effective January 1, 2023, the Company adopted ASU 2018-12 with a transition date of January 1, 2021, thereby permitting the Company to implement the standard only for the last two fiscal years rather than the customary last three fiscal years. As a result, the results for the year ended December 31, 2021 is not comparable to the results for the year ended December 31, 2020.
The Company adopted ASU 2018-12 for liability for future policy benefits, additional insurance liabilities, DAC and balances amortized on a basis consistent with DAC on a modified retrospective basis. ASU 2018-12 was adopted for MRBs on a full retrospective basis. See Note 2 of the Notes to the Consolidated Financial Statements for further information on the adoption of LDTI.
Macroeconomic and Industry Trends
Our business and consolidated results of operations are significantly affected by economic conditions and consumer confidence, conditions in the global capital markets and the interest rate environment.
Financial and Economic Environment
A wide variety of factors continue to impact financial and economic conditions. These factors include, among others, concerns over resurgences of COVID-19, increased volatility in the capital markets, equity market declines, rising interest rates, inflationary pressures fueling concerns of a potential recession, plateauing or decreasing economic growth, high fuel and energy costs, changes in fiscal or monetary policy and geopolitical tensions. The invasion of the Ukraine by Russia and the sanctions and other measures imposed in response to this conflict significantly increased the level of volatility in the financial markets and have increased the level of economic and political uncertainty.
Stressed conditions, volatility and disruptions in the capital markets, particular markets, or financial asset classes can have an adverse effect on us, in part because we have a large investment portfolio. In addition, our insurance liabilities and derivatives are sensitive to changing market factors, including equity market performance and interest rates which are anticipated to continue to rise in 2023 based on statements of members of the Board of Governors of the Federal Reserve System. An increase in market volatility could continue to affect our business, including through effects on the yields we earn on invested assets, changes in required reserves and capital and fluctuations in the value of our AUM and AV, from which we derive our fee income. These effects could be exacerbated by uncertainty about future fiscal policy, changes in tax policy, the scope of potential deregulation and levels of global trade.
The potential for increased volatility could pressure sales and reduce demand for our products as consumers consider purchasing alternative products to meet their objectives. In addition, this environment could make it difficult to consistently develop products that are attractive to customers. Financial performance can be adversely affected by market volatility and equity market declines as fees driven by AV and AUM fluctuate, hedging costs increase and revenues decline due to reduced sales and increased outflows.
We monitor the behavior of our customers and other factors, including mortality rates, morbidity rates, annuitization rates and lapse and surrender rates, which change in response to changes in capital market conditions, to ensure that our products and solutions remain attractive and profitable. For additional information on our sensitivity to interest rates and capital market prices, see “Risk Factors-Risks Relating to Conditions in the Financial Markets and Economy” and “Quantitative and Qualitative Disclosures About Market Risk”.
COVID-19 Impact
The COVID-19 pandemic continues to evolve, and we continue to closely monitor developments and the impact on our business, operations and investment portfolio. Although COVID-19 restrictions, including temporary business and school closures have been lifted in many places, resurgences of COVID-19 in various regions and appearances of new variants of the virus, has resulted, and may continue to result, in their full or partial reinstitution. In addition, although many countries have vaccinated large segments of their population, COVID-19 continues to interrupt business activities and trade in many countries, which has caused a significant impact on the economies and financial markets of many countries including an economic downturn. We expect these impacts to continue for the foreseeable future, which could adversely affect demand for our products and services and our investment returns. Indeed, the profitability of many of our retirement, protection and investment products depends in part on the value of the AUM supporting them, which could decline substantially depending on factors such as the volatility and strength of equity markets, interest rates, consumer spending, and government debt and spending.
In response to the various pandemic related restrictions over the last few years we have adapted our processes to meet client needs. For example, we offer our modified underwriting policies with a fluid-less, touchless process to help more clients access the protection they need. In addition, we accelerated our digital adoption programs, leading to improved outcomes for clients, advisors, and the Company. We further developed digital tools and enhanced our remote engagement, which is resulting in improved retention and increases in retirement plan contributions. As businesses and the economy continue to return to pre-pandemic activity levels, we believe we can continue to leverage our digital enhancements to continue to grow our business, even as we return to in-person engagement and sales.
While COVID-19 significantly affected the capital markets and economy, we believe we have taken the appropriate actions to help assure that our economic balance sheet is protected from equity declines. These actions include redesigning our product portfolio to concentrate on offering less capital-intensive products and implementing a hedging strategy that manages and
protects against the economic risks associated with our in-force GMxB products. In addition to our hedging strategy, we employ various other methods to manage the risks of our in-force variable annuity products, including reinsurance, asset-liability matching, volatility management tools within the Separate Accounts and an active in-force management program, including buyout offers for certain products. Due to the General Account’s exposure to U.S. government bonds and credit quality of the portfolio, we feel that our balance sheet is well positioned to withstand the extreme volatility in the capital markets.
The extent and nature of COVID-19’s full negative financial impact on our business cannot reasonably be estimated at this time due to developments that are still highly uncertain, including the severity and duration of future outbreaks, actions taken by governmental authorities and other third parties in response to such outbreaks and the availability and efficacy of vaccines against COVID-19 and its variants. For additional information regarding the potential impacts of COVID-19, see “Risk Factors—Risks Relating to Conditions in the Financial Markets and Economy—The coronavirus (COVID-19) pandemic,” and “Management’s Discussion and Analysis of Financial Condition and Results of Operations—General Account Investment Portfolio.”
Regulatory Developments
We are regulated primarily by the NYDFS, with some policies and products also subject to federal regulation. On an ongoing basis, regulators refine capital requirements and introduce new reserving standards. Regulations recently adopted or currently under review can potentially impact our statutory reserve, capital requirements and profitability of the industry and result in increased regulation and oversight for the industry. For additional information on the regulatory developments and risk we face, see “Business—Regulation” and “Risk Factors—Legal and Regulatory Risks.”
Revenues
Our revenues come from three principal sources:
•fee income derived from our products;
•premiums from our traditional life insurance and annuity products; and
•investment income from our General Account investment portfolio.
Our fee income varies directly in relation to the amount of the underlying AV or benefit base of our life insurance and annuity products which are influenced by changes in economic conditions, primarily equity market returns, as well as net flows. Our premium income is driven by the growth in new policies written and the persistency of our in-force policies, both of which are influenced by a combination of factors, including our efforts to attract and retain customers and market conditions that influence demand for our products. Our investment income is driven by the yield on our General Account investment portfolio and is impacted by the prevailing level of interest rates as we reinvest cash associated with maturing investments and net flows to the portfolio.
Benefits and Other Deductions
Our primary expenses are:
•policyholders’ benefits and interest credited to policyholders’ account balances;
•sales commissions and compensation paid to intermediaries and advisors that distribute our products and services; and
•compensation and benefits provided to our employees and other operating expenses.
Policyholders’ benefits are driven primarily by mortality, customer withdrawals and benefits which change in response to changes in capital market conditions. In addition, some of our policyholders’ benefits are directly tied to the AV and benefit base of our variable annuity products. Interest credited to policyholders varies in relation to the amount of the underlying AV or benefit base. Sales commissions and compensation paid to intermediaries and advisors vary in relation to premium and fee income generated from these sources, whereas compensation and benefits to our employees are more constant and impacted by market wages and decline with increases in efficiency. Our ability to manage these expenses across various economic cycles and products is critical to the profitability of our company.
Net Income Volatility
We have offered and continue to offer variable annuity products with GMxB features. The future claims exposure on these features is sensitive to movements in the equity markets and interest rates. Accordingly, we have implemented hedging and reinsurance programs designed to mitigate the economic exposure to us from these features due to equity market and interest rate movements. Changes in the values of the derivatives associated with these programs due to equity market and interest rate movements, together with the GMxB MRBs assets and liabilities are recognized in the periods in which they occur. This results in net income volatility as further described below. In addition net income is impacted by changes in our reinsurers credit spread, while changes in the Company's credit spread is recorded in other comprehensive income. See “—Significant Factors Impacting Our Results—Impact of Hedging and GMIB Reinsurance on Results.”
In addition to our dynamic hedging strategy, we have static hedge positions designed to mitigate the adverse impact of changing market conditions on our statutory capital. We believe this program will continue to preserve the economic value of our variable annuity contracts and better protect our target variable annuity asset level. However, these static hedge positions increase the size of our derivative positions and may result in additional net income volatility on a period-over-period basis.
An additional source of net income (loss) volatility is the impact of the Company’s annual actuarial assumption review. See “—Significant Factors Impacting Our Results—Effect of Assumption Updates on Operating Results”, for further detail of the impact of assumption updates on net income (loss).
Significant Factors Impacting Our Results
The following significant factors have impacted, and may in the future impact, our financial condition, results of operations or cash flows.
Impact of Hedging and GMxB Reinsurance on Results
We have offered and continue to offer variable annuity products with GMxB features. The future claims exposure on these features is sensitive to movements in the equity markets and interest rates. Accordingly, we have implemented hedging and reinsurance programs designed to mitigate the economic exposure to us from these features due to equity market and interest rate movements. These programs include:
•Variable annuity hedging programs. We use a dynamic hedging program (within this program, generally, we reevaluate our economic exposure at least daily and rebalance our hedge positions accordingly) to mitigate certain risks associated with the GMxB features that are embedded in our liabilities for our variable annuity products. This program utilizes various derivative instruments that are managed in an effort to reduce the economic impact of unfavorable changes in GMxB features’ exposures attributable to movements in the equity markets and interest rates. Although this program is designed to provide a measure of economic protection against the impact of adverse market conditions, it does not qualify for hedge accounting treatment. Accordingly, changes in value of the derivatives will be recognized in the period in which they occur with offsetting changes in reserves recognized in the current period. In addition, we utilize AFS fixed maturity securities in our General Account to mitigate the economic impact of unfavorable changes in GMxB features’ exposures attributable to movements in interest rates. However, the economic effect of interest rate changes on such securities is reflected in OCI, which results in net income volatility as the economic effect of interest rates on our GMxB MRB liabilities is reflected in net income.
•In addition to our dynamic hedging program, we have a hedging program using static hedge positions (derivative positions intended to be HTM with less frequent re-balancing) to protect our statutory capital against stress scenarios. This program in addition to our dynamic hedge program has increased the size of our derivative positions, resulting in additional net income volatility. The impacts are most pronounced for variable annuity products.
•GMxB reinsurance contracts. Historically, GMxB reinsurance contracts were used to cede to non-affiliated reinsurers a portion of our exposure to GMxB features of our variable annuity products. We account for the reinsurance contracts as MRBs and report them at fair value. In addition, on June 1, 2021, we ceded legacy variable annuity policies sold by Equitable Financial between 2006-2008 (the “Block”), comprised of non-New York “Accumulator” policies containing fixed rate GMIB and/or GMDB guarantees
Effect of Assumption Updates on Operating Results
Our actuaries oversee the valuation of the product liabilities and assets and review the underlying inputs and assumptions. We comprehensively review the actuarial assumptions underlying these valuations and update assumptions during the third quarter of each year. Assumptions are based on a combination of Company experience, industry experience, management actions and expert judgment and reflect our best estimate as of the date of the applicable financial statements. Changes in
assumptions can result in a significant change to the carrying value of product liabilities and assets and, consequently, the impact could be material to earnings in the period of the change.
Most of the variable annuity products, variable universal life insurance and universal life insurance products we offer maintain policyholder deposits that are reported as liabilities and classified within either Separate Accounts liabilities or policyholder account balances. Our products and riders also impact liabilities for future policyholder benefits, market risk benefits and unearned revenues and assets for DAC and DSI. The valuation of these assets and liabilities (other than deposits) is based on differing accounting methods depending on the product, each of which requires numerous assumptions and considerable judgment. The accounting guidance applied in the valuation of these assets and liabilities includes, but is not limited to, the following: (i) traditional life insurance products for which assumptions are updated annually to estimate the value of future death, morbidity or income benefits; (ii) universal life insurance and variable life insurance secondary guarantees for which benefit liabilities are determined by estimating the expected value of death benefits payable when the account balance is projected to be zero and recognizing those benefits ratably over the accumulation period based on total expected assessments; (iii) certain product guarantees reported as market risk benefits at fair value; and (iv) pre-LDTI adoption certain product guarantees reported as embedded derivatives at fair value.
For further details of our accounting policies and related judgments pertaining to assumption updates, see Note 2 of the Notes to the Consolidated Financial Statements and “Summary of Critical Accounting Estimates—Liability for Future Policy Benefits.”
Assumption Updates and Model Changes
We conduct our annual review of our assumptions and models during the third quarter of each year. We also update our assumptions as needed in the event we become aware of economic conditions or events that could require a change in assumptions that we believe may have a significant impact to the carrying value of product liabilities and assets and consequently materially impact our earnings in the period of the change.
Impact of Assumption Updates and Model Changes on Income from Continuing Operations before income taxes and Net income (loss)
The table below presents the impact of our actuarial assumption update during years ended December 31, 2022, 2021 and 2020 to our income (loss) from continuing operations, before income taxes and net income (loss).
| | | | | | | | | | | | | | | |
| | | Year Ended December 31, |
| | | | | 2022 | | 2021 |
| | | | | (in millions) |
Impact of assumption update on Net income (loss): | | | | | | | |
Variable annuity product features related assumption update | | | | | $ | (207) | | | $ | 413 | |
All other assumption updates | | | | | (6) | | | (9) | |
Impact of assumption updates on Income (loss) from continuing operations, before income tax | | | | | (213) | | | 404 | |
Income tax (expense) benefit on assumption update | | | | | 45 | | | (85) | |
Net income (loss) impact of assumption update | | | | | $ | (168) | | | $ | 319 | |
2022 Assumption Updates
The impact of the economic assumption update during 2022 was a decrease of $213 million to income (loss) from continuing operations, before income taxes and a decrease to net income (loss) of $168 million.
The net impact of this assumption update on income (loss) from continuing operations, before income taxes of $213 million consisted of an increase in remeasurement of liability for future policy benefits of $8 million, a decrease in policyholders’ benefits of $2 million, an increase in change in market risk benefits and purchased market risk benefits of $206 million and a increase in interest credited to policyholder’s account balances of $1 million.
2021 Assumption Updates
The impact of the economic assumption update during 2021 was an increase of $404 million to income (loss) from continuing operations, before income taxes and an increase to net income (loss) of $319 million. As part of this annual update, the reference interest rate utilized in our GAAP fair value calculations was updated from the LIBOR swap curve to the US Treasury curve due to the impending cessation of LIBOR and our GAAP fair value liability risk margins. There were no other significant change to the process used to calculate the MRB balances.
The net impact of this assumption update on income (loss) from continuing operations, before income taxes of $404 million consisted of a increase in remeasurement of liability for future policy benefits of $37 million, a decrease in policyholders’ benefits of $30 million, a decrease in change in market risk benefits and purchased market risk benefits of $414 million, a increase in interest credited to policyholder’s account balances of $1 million and a increase in amortization of DAC of $2 million.
Model Changes
There were no material model changes during 2022 and 2021.
`Consolidated Results of Operations
Our consolidated results of operations are significantly affected by conditions in the capital markets and the economy because we offer market sensitive products. These products have been a significant driver of our results of operations. Because the future claims exposure on these products is sensitive to movements in the equity markets and interest rates, we have in place various hedging and reinsurance programs that are designed to mitigate the economic risk of movements in the equity markets and interest rates. The volatility in net income attributable to Equitable Financial for the periods presented below results from the mismatch between: (i) the change in carrying value of the reserves for GMDB and certain GMIB features that do not fully and immediately reflect the impact of equity and interest market fluctuations; (ii) the change in fair value of products with the GMIB feature that have a no-lapse guarantee; and (iii) our hedging and reinsurance programs.
The following table summarizes our consolidated statements of income (loss) for the years ended December 31, 2022 and 2021:
Consolidated Statement of Income (Loss)
| | | | | | | | | | | | |
| Year Ended December 31, |
| 2022 | | 2021 | |
| (in millions) |
REVENUES | | | | |
Policy charges and fee income | $ | 2,225 | | | $ | 2,562 | | |
Premiums | 725 | | | 750 | | |
Net derivative gains (losses) | 879 | | | (7,216) | | |
Net investment income (loss) | 3,077 | | | 3,483 | | |
Investment gains (losses), net: | | | | |
Credit losses on AFS debt securities and loans | (319) | | | 2 | | |
Other investment gains (losses), net | (643) | | | 851 | | |
Total investment gains (losses), net | (962) | | | 853 | | |
Investment management and service fees | 706 | | | 1,004 | | |
Other income | 334 | | | 225 | | |
Total revenues | 6,984 | | | 1,661 | | |
| | | | |
BENEFITS AND OTHER DEDUCTIONS | | | | |
Policyholders’ benefits | 2,327 | | | 2,407 | | |
Remeasurement of liability for future policy benefits | 50 | | | 30 | | |
Change in market risk benefits and purchased market risk benefits | (1,107) | | | (5,809) | | |
Interest credited to policyholders’ account balances | 1,309 | | | 1,115 | | |
Compensation and benefits | 202 | | | 326 | | |
Commissions | 702 | | | 687 | | |
Interest expense | 6 | | | 1 | | |
Amortization of deferred policy acquisition costs | 473 | | | 439 | | |
Other operating costs and expenses | 1,040 | | | 1,162 | | |
Total benefits and other deductions | 5,002 | | | 358 | | |
Income (loss) from continuing operations, before income taxes | 1,982 | | | 1,303 | | |
Income tax (expense) benefit | (388) | | | (192) | | |
Net income (loss) | 1,594 | | | 1,110 | | |
Less: Net income (loss) attributable to the noncontrolling interest | (3) | | | — | | |
Net income (loss) attributable to Equitable Financial | $ | 1,597 | | | $ | 1,110 | | |
The following discussion compares the results for the year ended December 31, 2022 to the year ended December 31, 2021.
Year Ended December 31, 2022 Compared to the Year Ended December 31, 2021
Net Income (Loss) Attributable to Equitable Financial
Equitable Financial Net income of $1.6 billion for the year ended December 31, 2022 increased $0.5 billion from a Net income of $1.1 billion for the year ended December 31, 2021. The increase was primarily driven by the following notable items:
Favorable items included:
•Net derivative gains increased by $8.1 billion from a $7.2 billion loss in the prior year mainly due to reduced interest rate derivative positions and equity market depreciation during 2022 as compared to equity market appreciation in 2021.
•Compensation, benefits and other operating expenses decreased by $246 million mainly due to lower fund expenses as a result of lower average assets due to the Venerable Transaction, lower separation expenses, lower legal reserve accruals, reduced compensation & benefits and continued improvement from our efficiency program partially offset by unfavorable COLI impacts related to 2022 equity market depreciation and higher consulting expenses.
•Policyholders’ benefits decreased by $80 million mainly due to lower mortality in 2022 compared to 2021.
These were partially offset by the following unfavorable items:
•Change in market risk benefits and purchased market risk benefits increased by $4.7 billion mainly due to equity market depreciation during 2022 as compared to equity market appreciation in 2021.
•Net investment gains (losses) decreased by $1.8 billion primarily due to rebalancing in the General Account portfolio associated with the Venerable Transaction in 2021, the Global Atlantic Transaction in 2022 and the duration program during 2022.
•Fee-type revenue decreased by $551 million mainly due to lower fees primarily from our Individual Annuity products as a result of lower average Separate Accounts AV due to lower equity markets and the impact of AV ceded to Venerable.
•Net investment income decreased by $406 million mainly driven by lower alternative investment income, lower assets due to the Venerable Transaction and the Global Atlantic Transaction, and lower income from seed capital investments partially offset by higher income from floating rate securities, higher SCS asset balances and GA optimization.
•Interest credited to policyholders’ account balances increased by $194 million mainly due to an increase in interest rates and average outstanding amounts of funding agreements and growth of SCS AV during 2022.
•Remeasurement of liability for future policy benefits increased by $20 million mainly due to a higher reserve impact in 2022 than 2021 from unfavorable assumption model updates in 2022 versus favorable assumption updates in 2021 and elevated claims in 2022.
•Income tax expense increased by $196 million primarily due to an increase in pre-tax income in the year ended 2022 compared to the year ended 2021.
See “—Significant Factors Impacting Our Results—Assumption Updates” for more information regarding the assumption update.
Material Cash Requirements
The table below summarizes the material short and long-term cash requirements related to contractual obligations as of December 31, 2022. Short-term cash requirements are considered to requirements within the next 12 months and long-term cash requirements are considered to be beyond the next 12 months. We do not believe that our cash flow requirements can be adequately assessed based solely upon an analysis of these obligations, as the table below does not contemplate all aspects of our cash inflows, such as the level of cash flow generated by certain of our investments, nor all aspects of our cash outflows.
| | | | | | | | | | | | | | | | | | | | | | | | | | | | | |
| Estimated Payments Due by Period |
| Total | | 2023 | | 2024-2025 | | 2026-2027 | | 2028 and thereafter |
| (in millions) |
Material Cash Requirements: | | | | | | | | | |
Policyholders’ liabilities (1) | $ | 100,157 | | | $ | 2,670 | | | $ | 6,581 | | | $ | 7,398 | | | $ | 83,508 | |
FHLB Funding Agreements | 8,501 | | | 6,130 | | | 1,049 | | | 630 | | | 692 | |
Interest on FHLB Funding Agreements | 346 | | | 113 | | | 109 | | | 52 | | | 72 | |
Funding Agreement Backed Notes | 7,159 | | | — | | | 2,900 | | | 2,100 | | | 2,159 | |
Interest on Funding Agreement Backed Notes | 366 | | | 94 | | | 170 | | | 76 | | | 26 | |
| | | | | | | | | |
| | | | | | | | | |
| | | | | | | | | |
| | | | | | | | | |
| | | | | | | | | |
| | | | | | | | | |
| | | | | | | | | |
Total Material Cash Requirements | $ | 116,529 | | | $ | 9,007 | | | $ | 10,809 | | | $ | 10,256 | | | $ | 86,457 | |
_______________
(1)Policyholders’ liabilities represent estimated cash flows out of the General Account related to the payment of death and disability claims, policy surrenders and withdrawals, annuity payments, minimum guarantees on Separate Account funded contracts, matured endowments, benefits under accident and health contracts, policyholder dividends and future renewal premium-based and fund-based commissions offset by contractual future premiums and deposits on in-force contracts. These estimated cash flows are based on mortality, morbidity and lapse assumptions comparable with the Company’s experience and assume market growth and interest crediting consistent with actuarial assumptions. These amounts are undiscounted and, therefore, exceed the policyholders’ account balances and future policy benefits and other policyholder liabilities included in the consolidated balance sheet included elsewhere in this Annual Report on Form 10-K. They do not reflect projected recoveries from reinsurance agreements. Due to the use of assumptions, actual cash flows will differ from these estimates, see “— Summary of Critical Accounting Estimates — Liability for Future Policy Benefits.” Separate Accounts liabilities have been excluded as they are legally insulated from General Account obligations and will be funded by cash flows from Separate Accounts assets.
Unrecognized tax benefits of $295 million, were not included in the above table because it is not possible to make reasonably reliable estimates of the occurrence or timing of cash settlements with the respective taxing authorities.
As of December 31, 2022, we were not a party to any off-balance sheet transactions other than those guarantees and commitments described in Note 12 and Note 18 of the Notes to the Consolidated Financial Statements.
Summary of Critical Accounting Estimates
The preparation of financial statements in conformity with U.S. GAAP requires management to adopt accounting policies and make estimates and assumptions that affect amounts reported in our consolidated financial statements included elsewhere herein. For a discussion of our significant accounting policies, see Note 2 of the Notes to the Consolidated Financial Statements. The most critical estimates include those used in determining:
Pre- LDTI Adoption
•liabilities for future policyholders benefits;
•accounting for reinsurance;
•capitalization and amortization of DAC;
•estimated fair values of investments in the absence of quoted market values and investment impairments;
•estimated fair values of freestanding derivatives and the recognition and estimated fair value of embedded derivatives requiring bifurcation;
•measurement of income taxes and the valuation of deferred tax assets; and
•liabilities for litigation and regulatory matters.
Post-LDTI Adoption
•market risk benefits and purchased market risk benefits;
•accounting for reinsurance;
•estimated fair values of investments in the absence of quoted market values and investment impairments;
•estimated fair values of freestanding derivatives;
•measurement of income taxes and the valuation of deferred tax assets; and
•liabilities for litigation and regulatory matters.
In applying our accounting policies, we make subjective and complex judgments that frequently require estimates about matters that are inherently uncertain. Many of these policies, estimates and related judgments are common in the insurance and financial services industries while others are specific to our business and operations. Actual results could differ from these estimates.
Pre-LDTI Adoption
Liability for Future Policy Benefits
We establish reserves for future policy benefits to, or on behalf of, policyholders in the same period in which the policy is issued or acquired, using methodologies prescribed by U.S. GAAP. The assumptions used in establishing reserves are generally based on our experience, industry experience or other factors, as applicable. At least annually we review our actuarial assumptions, such as mortality, morbidity, retirement and policyholder behavior assumptions, and update assumptions when appropriate. Generally, we do not expect trends to change significantly in the short-term and, to the extent these trends may change, we expect such changes to be gradual over the long-term.
The reserving methodologies used include the following:
• UL and investment-type contract policyholder account balances are equal to the policy AV. The policy AV represent an accumulation of gross premium payments plus credited interest less expense and mortality charges and withdrawals.
• Participating traditional life insurance future policy benefit liabilities are calculated using a net level premium method on the basis of actuarial assumptions equal to guaranteed mortality and dividend fund interest rates.
• Non-participating traditional life insurance future policy benefit liabilities are estimated using a net level premium method on the basis of actuarial assumptions as to mortality, persistency and interest.
For most long-duration contracts, we utilize best estimate assumptions as of the date the policy is issued or acquired with provisions for the risk of adverse deviation, as appropriate. After the liabilities are initially established, we perform premium deficiency tests using best estimate assumptions as of the testing date without provisions for adverse deviation. If the liabilities determined based on these best estimate assumptions are greater than the net reserves (i.e., U.S. GAAP reserves net of any DAC or DSI), the existing net reserves are adjusted by first reducing these assets by the amount of the deficiency or to zero through a charge to current period earnings. If the deficiency is more than these asset balances for insurance contracts, we then increase the net reserves by the excess, again through a charge to current period earnings. If a premium deficiency is recognized, the assumptions as of the premium deficiency test date are locked in and used in subsequent valuations and the net reserves continue to be subject to premium deficiency testing.
For certain reserves, such as those related to GMDB and GMIB features, we use current best estimate assumptions in establishing reserves. The reserves are subject to adjustments based on periodic reviews of assumptions and quarterly adjustments for experience, including market performance, and the reserves may be adjusted through a benefit or charge to current period earnings.
For certain GMxB features, the benefits are accounted for as embedded derivatives, with fair values calculated as the present value of expected future benefit payments to contract holders less the present value of assessed rider fees attributable to the embedded derivative feature. Under U.S. GAAP, the fair values of these benefit features are based on assumptions a
market participant would use in valuing these embedded derivatives. Changes in the fair value of the embedded derivatives are recorded quarterly through a benefit or charge to current period earnings.
The assumptions used in establishing reserves are generally based on our experience, industry experience and/or other factors, as applicable. We typically update our actuarial assumptions, such as mortality, morbidity, retirement and policyholder behavior assumptions, annually, unless a material change is observed in an interim period that we feel is indicative of a long-term trend. Generally, we do not expect trends to change significantly in the short-term and, to the extent these trends may change, we expect such changes to be gradual over the long-term. In a sustained low interest rate environment, there is an increased likelihood that the reserves determined based on best estimate assumptions may be greater than the net liabilities.
See Note 2 of the Notes to the Consolidated Financial Statements for additional information on our accounting policy relating to GMxB features and liability for future policy benefits and Note 8 of the Notes to the Consolidated Financial Statements for future policyholder benefit liabilities.
DAC
We incur significant costs in connection with acquiring new and renewal insurance business. Costs that relate directly to the successful acquisition or renewal of insurance contracts are deferred as DAC. In addition to commissions, certain direct-response advertising expenses and other direct costs, other deferrable costs include the portion of an employee’s total compensation and benefits related to time spent selling, underwriting or processing the issuance of new and renewal insurance business only with respect to actual policies acquired or renewed. We utilize various techniques to estimate the portion of an employee’s time spent on qualifying acquisition activities that result in actual sales, including surveys, interviews, representative time studies and other methods. These estimates include assumptions that are reviewed and updated on a periodic basis or more frequently to reflect significant changes in processes or distribution methods.
Amortization Methodologies
Participating Traditional Life Policies
For participating traditional life policies (substantially all of which are in the Closed Block), DAC is amortized over the expected total life of the contract group as a constant percentage based on the present value of the estimated gross margin amounts expected to be realized over the life of the contracts using the expected investment yield.
As of December 31, 2022, the average investment yields assumed (excluding policy loans) were 4.4% grading to 4.3% in 2026. Estimated gross margins include anticipated premiums and investment results less claims and administrative expenses, changes in the net level premium reserve and expected annual policyholder dividends. The effect on the accumulated amortization of DAC of revisions to estimated gross margins is reflected in earnings in the period such estimated gross margins are revised. The effect on the DAC assets that would result from realization of unrealized gains (losses) is recognized with an offset to AOCI in consolidated equity as of the balance sheet date. Many of the factors that affect gross margins are included in the determination of our dividends to these policyholders. DAC adjustments related to participating traditional life policies do not create significant volatility in results of operations as the Closed Block recognizes a cumulative policyholder dividend obligation expense in “Policyholders’ dividends,” for the excess of actual cumulative earnings over expected cumulative earnings as determined at the time of demutualization.
Non-participating Traditional Life Insurance Policies
DAC associated with non-participating traditional life policies is amortized in proportion to anticipated premiums. Assumptions as to anticipated premiums are estimated at the date of policy issue and are consistently applied during the life of the contracts. Deviations from estimated experience are reflected in earnings (loss) in the period such deviations occur. For these contracts, the amortization periods generally are for the total life of the policy.
Universal Life and Investment-type Contracts
DAC associated with certain variable annuity products is amortized based on estimated assessments, with the remainder of variable annuity products, UL and investment-type products amortized over the expected total life of the contract group as a constant percentage of estimated gross profits arising principally from investment results, Separate Account fees, mortality and expense margins and surrender charges based on historical and anticipated future experience, updated at the end of each accounting period. When estimated gross profits are expected to be negative for multiple years of a contract life, DAC is
amortized using the present value of estimated assessments. The effect on the amortization of DAC of revisions to estimated gross profits or assessments is reflected in net income (loss) in the period such estimated gross profits or assessments are revised. A decrease in expected gross profits or assessments would accelerate DAC amortization. Conversely, an increase in expected gross profits or assessments would slow DAC amortization. The effect on the DAC assets that would result from realization of unrealized gains (losses) is recognized with an offset to AOCI in consolidated equity as of the balance sheet date.
Quarterly adjustments to the DAC balance are made for current period experience and market performance related adjustments, and the impact of reviews of estimated total gross profits. The quarterly adjustments for current period experience reflect the impact of differences between actual and previously estimated expected gross profits for a given period. Total estimated gross profits include both actual experience and estimates of gross profits for future periods. To the extent each period’s actual experience differs from the previous estimate for that period, the assumed level of total gross profits may change. In these cases, cumulative adjustment to all previous periods’ costs is recognized.
During each accounting period, the DAC balances are evaluated and adjusted with a corresponding charge or credit to current period earnings for the effects of our actual gross profits and changes in the assumptions regarding estimated future gross profits. A decrease in expected gross profits or assessments would accelerate DAC amortization. Conversely, an increase in expected gross profits or assessments would slow DAC amortization. The effect on the DAC assets that would result from realization of unrealized gains (losses) is recognized with an offset to AOCI in consolidated equity as of the balance sheet date.
For the variable and UL policies a significant portion of the gross profits is derived from mortality margins and therefore, are significantly influenced by the mortality assumptions used. Mortality assumptions represent our expected claims experience over the life of these policies and are based on a long-term average of actual company experience. This assumption is updated periodically to reflect recent experience as it emerges. Improvement of life mortality in future periods from that currently projected would result in future deceleration of DAC amortization. Conversely, deterioration of life mortality in future periods from that currently projected would result in future acceleration of DAC amortization.
Loss Recognition Testing
After the initial establishment of reserves, loss recognition tests are performed using best estimate assumptions as of the testing date without provisions for adverse deviation. When the liabilities for future policy benefits plus the present value of expected future gross premiums for the aggregate product group are insufficient to provide for expected future policy benefits and expenses for that line of business (i.e., reserves net of any DAC asset), loss recognition accounting is triggered and DAC is first written off, and thereafter a premium deficiency reserve is established by a charge to earnings.
We did not have a loss recognition event in 2022. In 2021, we determined that certain of our variable interest sensitive life insurance products triggered loss recognition accounting due to low interest rates and we reduced DAC by $17 million through accelerated amortization.
Additionally, policyholder liability balances for a particular line of business may not be deficient in the aggregate to trigger loss recognition accounting; however the pattern of earnings may be such that annual profits are expected to be recognized in earlier years and then followed by losses in later years. In these situations, an additional profits followed by loss liability should be recognized by an amount necessary to sufficiently offset the losses that would be recognized in later years.
In addition, we are required to analyze how net unrealized investment gains and losses on our AFS investment securities backing insurance liabilities affects product profitability, as if those unrealized investment gains and losses were realized. This may result in the recognition of unrealized gains and losses on related insurance assets and liabilities in a manner consistent with the recognition of the unrealized gains and losses on AFS investment securities within the statements of comprehensive income and changes in equity. Changes to net unrealized investment gains (losses) may increase or decrease DAC. Similar to a loss recognition event, if the DAC balance is reduced to zero, additional insurance liabilities are established. Unlike a loss recognition event, these adjustments may reverse from period to period.
Post-LDTI Adoption
Market Risk Benefits
Market risk benefits include contract features that provide minimum guarantees to policyholders and include GMIB, GMDB, GMWB, GMAB, and ROP DB benefits. MRBs are measured at estimated fair value with changes reported in the Change in market risk benefits and purchased market risk benefits, except for the portion of the fair value change related to the Company’s own credit risk, which is recognized in OCI.
MRBs are measured at fair value on a seriatim basis using an Ascribed Fee approach based upon policyholder behavior projections and risk neutral economic scenarios adjusted based on the facts and circumstances of the Company’s product features. Market conditions including, but not limited to, changes in interest rates, equity indices, market volatility and variations in actuarial assumptions, including policyholder behavior, mortality and risk margins related to non-capital market inputs, as well as changes in our nonperformance risk adjustment may result in significant fluctuations in the estimated fair value of the MRBs that could materially affect net income.
Risk margins are established to capture the non-capital market risks of the instrument which represent the additional compensation a market participant would require to assume the risks related to the uncertainties in certain actuarial assumptions. The establishment of risk margins requires the use of significant management judgment, including assumptions of the amount needed to cover the guarantees.
We ceded the risk associated with certain of the variable annuity products with GMxB features described in the preceding paragraphs. The value of the MRBs on the ceded risk is determined using a methodology consistent with that described previously for the guarantees directly written by us with the exception of the input for nonperformance risk that reflects the credit of the reinsurer.
Sensitivity of MRBs to Changes in Interest Rates
The following table demonstrates the sensitivity of the MRBs to changes in long-term interest rates by quantifying the adjustments that would be required, assuming an increase and decrease in long-term interest rates of 50bps. This information considers only the direct effect of changes in the interest rates on MRB balances, net of reinsurance.
Interest Rate Sensitivity
December 31, 2022
| | | | | | | | |
| | Increase/(Decrease) In MRB |
| | (in millions) |
Increase in interest rates by 50bps | | $ | (846) | |
Decrease in interest rates by 50bps | | $ | 962 | |
Sensitivity of MRBs to Changes in Equity Returns
The following table demonstrates the sensitivity of the MRBs to changes in equity returns.
Equity Returns Sensitivity
December 31, 2022
| | | | | | | | |
| | Increase/(Decrease) In MRB |
| | (in millions) |
Increase in equity returns by 10% | | $ | (871) | |
Decrease in equity returns by 10% | | $ | 971 | |
Sensitivity of MRBs to Changes in GMIB Lapses
Lapse rates are adjusted at the contract level based on a comparison of the value of the embedded GMIB rider and the current policyholder account value, which include other factors such as considering surrender charges. Generally, lapse rates are assumed to be lower in periods when a surrender charge applies. A dynamic lapse function reduces the base lapse rate when the guaranteed amount is greater than the account value as in-the-money contracts are less likely to lapse.
GMIB Lapse floor Sensitivity
December 31, 2022
| | | | | | | | |
| | Increase/(Decrease) In MRB |
| | (in millions) |
GMIB Lapse floor of 1% | | $ | (177) | |
Nonperformance Risk Adjustment
The valuation of our MRBs includes an adjustment for the risk that we fail to satisfy our obligations, which we refer to as our nonperformance risk. The nonperformance risk adjustment, which is captured as a spread over the risk-free rate in determining the discount rate to discount the cash flows of the liability, is determined by taking into consideration publicly available information relating to spreads on corporate bonds in the secondary market comparable to Holdings’ financial strength rating. The nonperformance risk adjustment itself is not fully economic as we believe our MRB liabilities should be discounted based on our investment yields rather than our own credit risk. However, our current nonperformance risk adjustment of 157 bps at Q4 2022 continues to be a good indicator of our investment spreads and its application therefore results in an appropriate valuation of our MRB liabilities.
The table below illustrates the impact that a range of reasonably likely variances in credit spreads would have on our consolidated balance sheet, excluding the effect of income tax, related to the GMxB Core and GMxB Legacy MRBs measured at estimated fair value. Even when credit spreads do not change, the impact of the nonperformance risk adjustment on fair value will change when the cash flows within the fair value measurement change. The table only reflects the impact of changes in credit spreads on our consolidated financial statements included elsewhere herein and not these other potential changes. In determining the ranges, we have considered current market conditions, as well as the market level of spreads that can reasonably be anticipated over the near term. The ranges do not reflect extreme market conditions such as those experienced during the 2008–2009 financial crisis as we do not consider those to be reasonably likely events in the near future.
NPR Sensitivity
December 31, 2022
| | | | | | | | |
| | Increase/(Decrease) In MRB |
| | (in millions) |
Increase in NPR by 50bps | | $ | (1,282) | |
Decrease in NPR by 50bps | | $ | 1,365 | |
Reinsurance
Accounting for reinsurance requires extensive use of assumptions and estimates, particularly related to the future performance of the underlying business and the potential impact of counterparty credit risk with respect to reinsurance receivables. We periodically review actual and anticipated experience compared to the aforementioned assumptions used to establish assets and liabilities relating to ceded and assumed reinsurance and evaluate the financial strength of counterparties to our reinsurance agreements using criteria similar to those evaluated in our security impairment process. See “—Estimated Fair Value of Investments.” Additionally, for each of our reinsurance agreements, we determine whether the agreement provides indemnification against loss or liability relating to insurance risk, in accordance with applicable accounting standards. We review all contractual features, including those that may limit the amount of insurance risk to which the reinsurer is subject or features that delay the timely reimbursement of claims. If we determine that a reinsurance agreement does not expose the reinsurer to a reasonable possibility of a significant loss from insurance risk, we record the agreement using the deposit method of accounting.
Pre-LDTI, for reinsurance contracts other than those covering GMIB exposure, reinsurance recoverable balances are calculated using methodologies and assumptions that are consistent with those used to calculate the direct liabilities. GMIB reinsurance contracts are used to cede affiliated and non-affiliated reinsurers a portion of the exposure on variable annuity products that offer the GMIB feature. The GMIB reinsurance contracts are accounted for as derivatives and are reported at fair value. Gross reserves for GMIB, on the other hand, are calculated on the basis of assumptions related to projected benefits and related contract charges over the lives of the contracts, therefore, will not immediately reflect the offsetting impact on future claims exposure resulting from the same capital market and/or interest rate fluctuations that cause gains or losses on the fair value of the GMIB reinsurance contracts. Post-LDTI, both GMIB benefit and any associated reinsurance are accounted for as market risk benefits and are reported at fair value.
See Note 12 of the Notes to the Consolidated Financial Statements for additional information on our reinsurance.
Estimated Fair Value of Investments
Our investment portfolio principally consists of public and private fixed maturities, mortgage loans, equity securities and derivative financial instruments, including exchange traded equity, currency and interest rate futures contracts, total return and/or other equity swaps, interest rate swap and floor contracts, swaptions, variance swaps as well as equity options used to manage various risks relating to its business operations.
Fair Value Measurements
Investments reported at fair value in our consolidated balance sheets of the Company include fixed maturity and equity securities classified as AFS, trading securities, and certain other invested assets, such as freestanding derivatives. In addition, reinsurance contracts covering GMIB exposure pre-LDTI, and the liabilities in the SCS variable annuity products, SIO in the EQUI-VEST variable annuity product series, MSO in the variable life insurance products, IUL insurance products and the GMAB, GIB, GMWB and GWBL feature in certain variable annuity products pre-LDTI, issued by the Company are considered embedded derivatives and reported at fair value. Post-LDTI adoption, GMxB riders and the reinsurance on these riders are held as Market Risk Benefits.
When available, the estimated fair value of securities is based on quoted prices in active markets that are readily and regularly obtainable; these generally are the most liquid holdings and their valuation does not involve management judgment. When quoted prices in active markets are not available, we estimate fair value based on market standard valuation methodologies. These alternative approaches include matrix or model pricing and use of independent pricing services, each supported by reference to principal market trades or other observable market assumptions for similar securities. More specifically, the matrix pricing approach to fair value is a discounted cash flow methodology that incorporates market interest rates commensurate with the credit quality and duration of the investment. For securities with reasonable price transparency, the significant inputs to these valuation methodologies either are observable in the market or can be derived principally from or corroborated by observable market data. When the volume or level of activity results in little or no price transparency, significant inputs no longer can be supported by reference to market observable data but instead must be based on management’s estimation and judgment. Substantially the same approach is used by us to measure the fair values of freestanding and embedded derivatives with exception for consideration of the effects of master netting agreements and collateral arrangements as well as incremental value or risk ascribed to changes in own or counterparty credit risk.
As required by the accounting guidance, we categorize our assets and liabilities measured at fair value into a three-level hierarchy, based on the priority of the inputs to the respective valuation technique, giving the highest priority to quoted prices in active markets for identical assets and liabilities (Level 1) and the lowest priority to unobservable inputs (Level 3). For additional information regarding the key estimates and assumptions surrounding the determinations of fair value measurements, see Note 7 of the Notes to the Consolidated Financial Statements.
Impairments and Valuation Allowances
The carrying values of fixed maturities classified as AFS are reported at fair value. Changes in fair value are reported in OCI, net of allowance for credit losses, policy related amounts and deferred income taxes. With the adoption of the Financial Instruments-Credit Losses standard, changes in credit losses are recognized in investment gains (losses), net.
With the assistance of our investment advisors, we evaluate AFS debt securities that experience a decline in fair value below amortized cost for credit losses which are evaluated in accordance with the financial instruments credit losses guidance. The remainder of the unrealized loss related to other factors, if any, is recognized in OCI. Integral to this review is an assessment made each quarter, on a security-by-security basis, by our IUS Committee, of various indicators of credit deterioration to determine whether the investment security has experienced a credit loss. This assessment includes, but is not limited to, consideration of the severity of the unrealized loss, failure, if any, of the issuer of the security to make scheduled payments, actions taken by rating agencies, adverse conditions specifically related to the security or sector, the financial strength, liquidity and continued viability of the issuer.
We recognize an allowance for credit losses on AFS debt securities with a corresponding adjustment to earnings rather than a direct write down that reduces the cost basis of the investment, and credit losses are limited to the amount by which the security’s amortized cost basis exceeds its fair value. Any improvements in estimated credit losses on AFS debt securities are recognized immediately in earnings. We do not use the length of time a security has been in an unrealized loss position as a factor, either by itself or in combination with other factors, to conclude that a credit loss does not exist, as was permitted to do prior to January 1, 2020.
If there is no intent to sell or likely requirement to dispose of the fixed maturity security before its recovery, only the credit loss component of any resulting allowance is recognized in income (loss) and the remainder of the fair value loss is recognized in OCI. The amount of credit loss is the shortfall of the present value of the cash flows expected to be collected as compared to the amortized cost basis of the security. The present value is calculated by discounting management’s best estimate of projected future cash flows at the effective interest rate implicit in the debt security at the date of acquisition. Projections of future cash flows are based on assumptions regarding probability of default and estimates regarding the amount and timing of recoveries. These assumptions and estimates require use of management judgment and consider internal credit analyses as well as market observable data relevant to the collectability of the security. For mortgage and asset-backed securities, projected future cash flows also include assumptions regarding prepayments and underlying collateral value.
Write-offs of AFS debt securities are recorded when all or a portion of a financial asset is deemed uncollectible. Full or partial write-offs are recorded as reductions to the amortized cost basis of the AFS debt security and deducted from the allowance in the period in which the financial assets are deemed uncollectible. We elected to reverse accrued interest deemed uncollectible as a reversal of interest income. In instances where we collect cash that has previously been written off, the recovery will be recognized through earnings or as a reduction of the amortized cost basis for interest and principal, respectively.
Mortgage loans are stated at unpaid principal balances, net of unamortized discounts and valuation allowances. For collectively evaluated mortgages, we estimate the allowance for credit losses based on the amortized cost basis of its mortgages over their expected life using a PD / LGD model. For individually evaluated mortgages, we continue to recognize valuation allowances based on the present value of expected future cash flows discounted at the loan’s original effective interest rate or on its collateral value if the loan is collateral dependent.
For commercial and agricultural mortgage loans, an allowance for credit loss is typically recommended when management believes it is probable that principal and interest will not be collected according to the contractual terms. Factors that influence management’s judgment in determining allowance for credit losses include the following:
•LTV ratio—Derived from current loan balance divided by the fair market value of the property. An allowance for credit loss is typically recommended when the LTV ratio is in excess of 100%. In the case where the LTV is in excess of 100%, the allowance for credit loss is derived by taking the difference between the fair market value (less cost of sale) and the current loan balance.
•DSC ratio—Derived from actual operating earnings divided by annual debt service. If the ratio is below 1.0x, then the income from the property does not support the debt.
•Occupancy—Criteria vary by property type but low or below market occupancy is an indicator of sub-par property performance.
•Lease expirations—The percentage of leases expiring in the upcoming 12 to 36 months are monitored as a decline in rent and/or occupancy may negatively impact the debt service coverage ratio. In the case of single-tenant properties or properties with large tenant exposure, the lease expiration is a material risk factor.
•Maturity—Mortgage loans that are not fully amortizing and have upcoming maturities within the next 12 to 24 months are monitored in conjunction with the capital markets to determine the borrower’s ability to refinance the debt and/or pay off the balloon balance.
•Borrower/tenant related issues—Financial concerns, potential bankruptcy, or words or actions that indicate imminent default or abandonment of property.
•Payment status–current vs. delinquent—A history of delinquent payments may be a cause for concern.
•Property condition—Significant deferred maintenance observed during the lenders annual site inspections.
•Other—Any other factors such as current economic conditions may call into question the performance of the loan.
Mortgage loans that do not share similar risk characteristics with other loans in the portfolio are individually evaluated quarterly by the IUS Committee for impairment on a loan-by-loan basis, including an assessment of related collateral value. Commercial mortgages 60 days or more past due and agricultural mortgages 90 days or more past due, as well as all mortgages in the process of foreclosure, are identified as problem mortgages. Based on its monthly monitoring of mortgages, a class of potential problem mortgages also is identified, consisting of mortgage loans not currently classified as problems but for which management has doubts as to the ability of the borrower to comply with the present loan payment terms and which may result in the loan becoming a problem or being restructured. The decision whether to classify a performing mortgage
loan as a potential problem involves significant subjective judgments by management as to likely future industry conditions and developments with respect to the borrower or the individual mortgaged property.
For problem mortgage loans a valuation allowance is established to provide for the risk of credit losses inherent in the lending process. The allowance includes loan specific reserves for loans determined to be non-performing as a result of the loan review process. A non-performing loan is defined as a loan for which it is probable that amounts due according to the contractual terms of the loan agreement will not be collected. The loan specific portion of the loss allowance is based on our assessment as to ultimate collectability of loan principal and interest. Valuation allowances for a non-performing loan are recorded based on the present value of expected future cash flows discounted at the loan’s effective interest rate or based on the fair value of the collateral if the loan is collateral dependent. The valuation allowance for mortgage loans can increase or decrease from period to period based on such factors.
Impaired mortgage loans without provision for losses are mortgage loans where the fair value of the collateral or the net present value of the expected future cash flows related to the loan equals or exceeds the recorded investment. Interest income earned on mortgage loans where the collateral value is used to measure impairment is recorded on a cash basis. Interest income on mortgage loans where the present value method is used to measure impairment is accrued on the net carrying value amount of the loan at the interest rate used to discount the cash flows. Changes in the present value attributable to changes in the amount or timing of expected cash flows are reported as investment gains or losses.
Mortgage loans are placed on nonaccrual status once management believes the collection of accrued interest is doubtful. Once mortgage loans are classified as nonaccrual mortgage loans, interest income is recognized under the cash basis of accounting and the resumption of the interest accrual would commence only after all past due interest has been collected or the mortgage loan on real estate has been restructured to where the collection of interest is considered likely.
See Note 2 and Note 3 of the Notes to the Consolidated Financial Statements for additional information relating to our determination of the amount of allowances and impairments.
Derivatives
We use freestanding derivative instruments to hedge various capital market risks in our products, including: (i) certain guarantees, some of which are reported as embedded derivatives; (ii) current or future changes in the fair value of our assets and liabilities; and (iii) current or future changes in cash flows. All derivatives, whether freestanding or embedded, are required to be carried on the balance sheet at fair value with changes reflected in either net income (loss) or in OCI, depending on the type of hedge. Below is a summary of critical accounting estimates by type of derivative.
Freestanding Derivatives
The determination of the estimated fair value of freestanding derivatives, when quoted market values are not available, is based on market standard valuation methodologies and inputs that management believes are consistent with what other market participants would use when pricing such instruments. Derivative valuations can be affected by changes in interest rates, foreign currency exchange rates, financial indices, credit spreads, default risk, nonperformance risk, volatility, liquidity and changes in estimates and assumptions used in the pricing models. See Note 7 of the Notes to the Consolidated Financial Statements for additional details on significant inputs into the OTC derivative pricing models and credit risk adjustment.
Embedded Derivatives - Pre- LDTI Adoption
We issue variable annuity products with guaranteed minimum benefits, some of which are embedded derivatives measured at estimated fair value separately from the host variable annuity product, with changes in estimated fair value reported in net derivative gains (losses). We also have assumed from an affiliate the risk associated with certain guaranteed minimum benefits, which are accounted for as embedded derivatives measured at estimated fair value. The estimated fair values of these embedded derivatives are determined based on the present value of projected future benefits minus the present value of projected future fees attributable to the guarantee. The projections of future benefits and future fees require capital markets and actuarial assumptions, including expectations concerning policyholder behavior. A risk neutral valuation methodology is used under which the cash flows from the guarantees are projected under multiple capital market scenarios using observable risk-free rates.
Market conditions, including, but not limited to, changes in interest rates, equity indices, market volatility and variations in actuarial assumptions, including policyholder behavior, mortality and risk margins related to non-capital market inputs, as well as changes in our nonperformance risk adjustment may result in significant fluctuations in the estimated fair value of the guarantees that could materially affect net income. Changes to actuarial assumptions, principally related to contract holder
behavior such as annuitization, utilization and withdrawals associated with GMIB riders, can result in a change of expected future cash outflows of a guarantee between the accrual-based model for insurance liabilities and the fair-value based model for embedded derivatives. See Note 2 of the Notes to the Consolidated Financial Statements for additional information relating to the determination of the accounting model. Risk margins are established to capture the non-capital market risks of the instrument which represent the additional compensation a market participant would require to assume the risks related to the uncertainties in certain actuarial assumptions. For direct liabilities, risk margins are applied to non-capital market risk assumptions, while for reinsurance asset risk margins are based on the cost of capital a theoretical market participant would require to assume the risks. The establishment of risk margins requires the use of significant management judgment, including assumptions of the amount and cost of capital needed to cover the guarantees.
With respect to assumptions regarding policyholder behavior, we have recorded charges, and in some cases benefits, in prior years as a result of the availability of sufficient and credible data at the conclusion of each review.
We ceded the risk associated with certain of the variable annuity products with GMxB features described in the preceding paragraphs. The value of the embedded derivatives on the ceded risk is determined using a methodology consistent with that described previously for the guarantees directly written by us with the exception of the input for nonperformance risk that reflects the credit of the reinsurer. However, because certain of the reinsured guarantees do not meet the definition of an embedded derivative and, thus are not accounted for at fair value, significant fluctuations in net income may occur when the change in the fair value of the reinsurance recoverable is recorded in net income without a corresponding and offsetting change in fair value of the directly written guaranteed liability.
Litigation and Regulatory Contingencies
We are a party to a number of legal actions and are involved in a number of regulatory investigations. Given the inherent unpredictability of these matters, it is difficult to estimate the impact on our financial position, results of operations and cash flows.
Liabilities are established when it is probable that a loss has been incurred and the amount of the loss can be reasonably estimated. On a quarterly and annual basis, we review relevant information with respect to liabilities for litigation, regulatory investigations and litigation-related contingencies to be reflected in our consolidated financial statements included elsewhere herein.
See Note 18 of the Notes to the Consolidated Financial Statements for information regarding our assessment of litigation contingencies.
Income Taxes
Income taxes represent the net amount of income taxes that we expect to pay to or receive from various taxing jurisdictions in connection with its operations. We provide for Federal and state income taxes currently payable, as well as those deferred due to temporary differences between the financial reporting and tax bases of assets and liabilities. Deferred tax assets and liabilities are measured at the balance sheet date using enacted tax rates expected to apply to taxable income in the years the temporary differences are expected to reverse. The realization of deferred tax assets depends upon the existence of sufficient taxable income within the carryforward periods under the tax law in the applicable jurisdiction. Valuation allowances are established when management determines, based on available information, that it is more likely than not that deferred tax assets will not be realized. Management considers all available evidence including past operating results, the existence of cumulative losses in the most recent years, forecasted earnings, future taxable income and prudent and feasible tax planning strategies. Our accounting for income taxes represents management’s best estimate of the tax consequences of various events and transactions. At December 31, 2022, we determined that it was more likely than not that a portion of our capital deferred tax assets would not be realized. The Company recorded a valuation allowance of $1.5 billion through Other Comprehensive Income. For more information, see Note 14 – Income Taxes.
Significant management judgment is required in determining the provision for income taxes and deferred tax assets and liabilities, and in evaluating our tax positions including evaluating uncertainties under the guidance for Accounting for Uncertainty in Income Taxes. Under the guidance, we determine whether it is more likely than not that a tax position will be sustained upon examination by the appropriate taxing authorities before any part of the benefit can be recorded in the financial statements. Tax positions are then measured at the largest amount of benefit that is greater than 50 percent likely of being realized upon settlement.
Our tax positions are reviewed quarterly and the balances are adjusted as new information becomes available.
Adoption of New Accounting Pronouncements
See Note 2 of the Notes to the Consolidated Financial Statements for a complete discussion of newly issued accounting pronouncements.
Part II, Item 7A.
QUANTITATIVE AND QUALITATIVE DISCLOSURES ABOUT MARKET RISK
Our businesses are subject to financial, market, political and economic risks, as well as to risks inherent in our business operations. The discussion that follows provides additional information on market risks arising from our insurance asset/liability management and investment management activities. Such risks are evaluated and managed by each business on a decentralized basis. Primary market risk exposure results from interest rate fluctuations, equity price movements and changes in credit quality.
Our results significantly depend on profit margins or “spreads” between investment results from assets held in the General Account investment portfolio and interest credited on individual insurance and annuity products. Management believes its fixed rate liabilities should be supported by a portfolio principally composed of fixed rate investments that generate predictable, steady rates of return. Although these assets are purchased for long-term investment, the portfolio management strategy considers them AFS in response to changes in market interest rates, changes in prepayment risk, changes in relative values of asset sectors and individual securities and loans, changes in credit quality outlook and other relevant factors. See the “Investments” section of Note 2 of the Notes to the Consolidated Financial Statements for the accounting policies for the investment portfolios. The objective of portfolio management is to maximize returns, taking into account interest rate and credit risks. Insurance asset/liability management includes strategies to minimize exposure to loss as interest rates and economic and market conditions change. As a result, the fixed maturity portfolio has modest exposure to call and prepayment risk and the vast majority of mortgage holdings are fixed rate mortgages that carry yield maintenance and prepayment provisions.
Investments with Interest Rate Risk – Fair Value
Assets with interest rate risk include AFS and trading fixed maturities and mortgage loans that make up 87.7% and 88.6% of the fair value of the General Account investment portfolio as of December 31, 2022 and 2021, respectively. As part of our asset/liability management, quantitative analyses are used to model the impact various changes in interest rates have on assets with interest rate risk. The table that follows shows the impact an immediate one percent increase/decrease in interest rates as of December 31, 2022 and 2021 would have on the fair value of fixed maturities and mortgage loans:
Interest Rate Risk Exposure
| | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | |
| December 31, 2022 | | December 31, 2021 |
| Fair Value | | Impact of +1% Change | | Impact of -1% Change | | Fair Value | | Impact of +1% Change | | Impact of -1% Change |
| (in millions) |
Fixed Income Investments: | | | | | | | | | | | |
AFS securities: | | | | | | | | | | | |
Fixed rate | $ | 49,448 | | | $ | (3,752) | | | $ | 4,353 | | | $ | 66,005 | | | $ | (6,855) | | | $ | 8,299 | |
Floating rate | $ | 9,500 | | | $ | (10) | | | $ | 10 | | | $ | 7,071 | | | $ | (76) | | | $ | 82 | |
Trading securities: | | | | | | | | | | | |
Fixed rate | $ | 87 | | | $ | (1) | | | $ | 1 | | | $ | 145 | | | $ | (2) | | | $ | 2 | |
Floating rate | $ | — | | | $ | — | | | $ | — | | | $ | — | | | $ | — | | | $ | — | |
Mortgage loans | $ | 14,675 | | | $ | (640) | | | $ | 689 | | | $ | 14,291 | | | $ | (742) | | | $ | 314 | |
A one percent increase/decrease in interest rates is a hypothetical rate scenario used to demonstrate potential risk; it does not represent management’s view of future market changes. While these fair value measurements provide a representation of interest rate sensitivity of fixed maturities and mortgage loans, they are based on various portfolio exposures at a particular point in time and may not be representative of future market results. These exposures will change as a result of ongoing portfolio activities in response to management’s assessment of changing market conditions and available investment opportunities.
Investments with Equity Price Risk – Fair Value
The investment portfolios also have direct holdings of public and private equity securities. The following table shows the potential exposure from those equity security investments, measured in terms of fair value, to an immediate 10% increase/decrease in equity prices from those prevailing as of December 31, 2022 and 2021:
Equity Price Risk Exposure
| | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | |
| December 31, 2022 | | December 31, 2021 |
| Fair Value | | Impact of +10% Equity Price Change | | Impact of -10% Equity Price Change | | Fair Value | | Impact of +10% Equity Price Change | | Impact of -10% Equity Price Change |
| (in millions) |
| | | | | | | | | | | |
Equity Investments | $ | 627 | | | $ | 63 | | | $ | (63) | | | $ | 682 | | | $ | 68 | | | $ | (68) | |
| | | | | | | | | | | |
A 10% decrease in equity prices is a hypothetical scenario used to calibrate potential risk and does not represent management’s view of future market changes. The fair value measurements shown are based on the equity securities portfolio exposures at a particular point in time and these exposures will change as a result of ongoing portfolio activities in response to management’s assessment of changing market conditions and available investment opportunities.
Liabilities with Interest Rate Risk – Fair Value
As of December 31, 2022 and 2021, the aggregate carrying values of insurance contracts with interest rate risk were $17.4 billion and $15.3 billion, respectively. The aggregate fair value of such liabilities as of December 31, 2022 and 2021 were $16.4 billion and $15.3 billion, respectively. The impact of a relative 1% decrease in interest rates would be an increase in the fair value of those liabilities of $389 million and $349 million, respectively. While these fair value measurements provide a representation of the interest rate sensitivity of insurance liabilities, they are based on the composition of such liabilities at a particular point in time and may not be representative of future results.
Asset/liability management is integrated into many aspects of our operations, including investment decisions, product development and determination of crediting rates. As part of our risk management process, numerous economic scenarios are modeled, including cash flow testing required for insurance regulatory purposes, to determine if existing assets would be sufficient to meet projected liability cash flows. Key variables include policyholder behavior, such as persistency, under differing crediting rate strategies.
Derivatives and Interest Rate and Equity Risks – Fair Value
We primarily use derivative contracts for asset/liability risk management, to mitigate our exposure to equity market decline and interest rate risks and for hedging individual securities. In addition, we periodically enter into forward, exchange-traded futures and interest rate swap, swaptions and floor contracts to reduce the economic impact of movements in the equity and fixed income markets, including the program to hedge certain risks associated with the GMxB features. As more fully described in Note 2 and Note 4 of the Notes to the Consolidated Financial Statements, various traditional derivative financial instruments are used to achieve these objectives. To minimize credit risk exposure associated with its derivative transactions, each counterparty’s credit is appraised and approved and risk control limits and monitoring procedures are applied. Credit limits are established and monitored on the basis of potential exposures that take into consideration current market values and estimates of potential future movements in market values given potential fluctuations in market interest rates. To reduce credit exposures in OTC derivative transactions, we enter into master agreements that provide for a netting of financial exposures with the counterparty and allow for collateral arrangements. We further control and minimize counterparty exposure through a credit appraisal and approval process. Under the ISDA Master Agreement, we have executed a CSA with each of our OTC derivative counterparties that require both posting and accepting collateral either in the form of cash or high-quality securities, such as U.S. Treasury securities or those issued by government agencies.
Mark to market exposure is a point-in-time measure of the value of a derivative contract in the open market. A positive value indicates existence of credit risk for us because the counterparty would owe money to us if the contract were closed. Alternatively, a negative value indicates we would owe money to the counterparty if the contract were closed. If there is more than one derivative transaction outstanding with a counterparty, a master netting arrangement exists with the counterparty. In that case, the market risk represents the net of the positive and negative exposures with the single counterparty. In management’s view, the net potential exposure is the better measure of credit risk.
As of December 31, 2022 and 2021, the net fair values of our derivatives were $1.0 billion and $1.6 billion, respectively.
The tables below show the interest rate or equity sensitivities of those derivatives, measured in terms of fair value. These exposures will change as a result of ongoing portfolio and risk management activities.
Derivative Financial Instruments
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| Notional Amount | | Weighted Average Term (Years) | | Impact of -1% Change | | Fair Value | | Impact of +1% Change |
| (in millions, except for Weighted Average Term) |
December 31, 2022 | | | | | | | | | |
Swaps | $ | 2,453 | | | 11 | | $ | (212) | | | $ | (460) | | | $ | (653) | |
Futures | 12,693 | | | — | | (110) | | | — | | | 155 | |
Swaptions | — | | | — | | — | | | — | | | — | |
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Total | $ | 15,146 | | | | | $ | (322) | | | $ | (460) | | | $ | (498) | |
December 31, 2021 | | | | | | | | | |
Swaps | $ | 2,831 | | | 11 | | $ | (111) | | | $ | (440) | | | $ | (693) | |
Futures | 12,455 | | | — | | 1,130 | | | — | | | (891) | |
Swaptions | — | | | — | | — | | | — | | | — | |
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Total | $ | 15,286 | | | | | $ | 1,019 | | | $ | (440) | | | $ | (1,584) | |
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| | | | | Equity Sensitivity |
| Notional Amount | | Weighted Average Term (Years) | | Fair Value | | Balance after -10% Equity Price Shift |
| (in millions, except for Weighted Average Term) |
December 31, 2022 | | | | | | | |
Futures | $ | 4,320 | | | — | | $ | — | | | $ | 273 | |
Swaps | 11,159 | | | 1 | | 38 | | | 1,154 | |
Options | 39,863 | | | 3 | | 4,153 | | | 2,123 | |
Total | $ | 55,342 | | | | | $ | 4,191 | | | $ | 3,550 | |
December 31, 2021 | | | | | | | |
Futures | $ | 2,213 | | | — | | $ | — | | | $ | 117 | |
Swaps | 13,310 | | | — | | 5 | | | 1,336 | |
Options | 48,380 | | | 2 | | 6,956 | | | 5,380 | |
Total | $ | 63,903 | | | | | $ | 6,961 | | | $ | 6,833 | |
Market Risk Benefits and Interest Rate and Equity Risks – Fair Value
GMxB feature’s liability associated with certain annuity contracts is considered market risk benefits for accounting purposes and was reported at its fair value of $15.3 billion and $21.4 billionas of December 31, 2022 and 2021, respectively. The potential fair value exposure to an immediate 10% drop in equity prices from those prevailing as of December 31, 2022 and 2021, respectively, would be to decrease the direct market risk benefits balance by $1.5 billion and $1.9 billion. The potential fair value exposure to an immediate 50 bps drop in interest rates from those prevailing as of December 31, 2022 and 2021, respectively, would decrease the direct market risk benefits balance by $1.9 billion and $3.1 billion.
We have entered into reinsurance contracts to mitigate the risk associated with the impact of potential market fluctuations GMxB features contained in certain annuity contracts. These reinsurance contracts are accounted for as purchased market risk benefits and reported at their fair values of $10.5 billion and $14.3 billion as of December 31, 2022 and 2021, respectively. The potential fair value exposure to an immediate 10% drop in equity prices from those prevailing as of December 31, 2022 and 2021, respectively, would increase the balances of the reinsurance contract asset by $540 million and $614 million. The potential fair value exposure to an immediate 50 bps drop in interest rates from those prevailing as of December 31, 2022 and 2021, respectively, would increase the balances of the reinsurance contract asset by $983 million and $1.5 billion.
Item 8. Financial Statements and Supplementary Data
FINANCIAL STATEMENTS AND SUPPLEMENTARY DATA
INDEX TO CONSOLIDATED FINANCIAL STATEMENTS AND SCHEDULES
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Note 2 - Significant Accounting Policies | |
Note 3 - Investments | |
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Audited Consolidated Financial Statement Schedules | |
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Report of Independent Registered Public Accounting Firm
To the Board of Directors and Shareholder of Equitable Financial Life Insurance Company
Opinion on the Financial Statements
We have audited the consolidated financial statements, including the related notes and financial statement schedules, of Equitable Financial Life Insurance Company and its subsidiaries (the “Company”) as listed in the accompanying index (collectively referred to as the “consolidated financial statements”). In our opinion, the consolidated financial statements present fairly, in all material respects, the financial position of the Company as of December 31, 2022 and 2021, and the results of its operations and its cash flows for each of the three years in the period ended December 31, 2022, in conformity with accounting principles generally accepted in the United States of America.
Change in Accounting Principle
As discussed in Note 2 to the consolidated financial statements, the Company changed the manner in which it accounts for long-duration insurance contracts in 2023.
Basis for Opinion
These consolidated financial statements are the responsibility of the Company’s management. Our responsibility is to express an opinion on the Company’s consolidated financial statements based on our audits. We are a public accounting firm registered with the Public Company Accounting Oversight Board (United States) (PCAOB) and are required to be independent with respect to the Company in accordance with the U.S. federal securities laws and the applicable rules and regulations of the Securities and Exchange Commission and the PCAOB.
We conducted our audits of these consolidated financial statements in accordance with the standards of the PCAOB. Those standards require that we plan and perform the audits to obtain reasonable assurance about whether the consolidated financial statements are free of material misstatement, whether due to error or fraud. The Company is not required to have, nor were we engaged to perform, an audit of its internal control over financial reporting. As part of our audits we are required to obtain an understanding of internal control over financial reporting but not for the purpose of expressing an opinion on the effectiveness of the Company's internal control over financial reporting. Accordingly, we express no such opinion.
Our audits included performing procedures to assess the risks of material misstatement of the consolidated financial statements, whether due to error or fraud, and performing procedures that respond to those risks. Such procedures included examining, on a test basis, evidence regarding the amounts and disclosures in the consolidated financial statements. Our audits also included evaluating the accounting principles used and significant estimates made by management, as well as evaluating the overall presentation of the consolidated financial statements. We believe that our audits provide a reasonable basis for our opinion.
Critical Audit Matters
The critical audit matters communicated below are matters arising from the current period audit of the consolidated financial statements that were communicated or required to be communicated to the audit committee and that (i) relate to accounts or disclosures that are material to the consolidated financial statements and (ii) involved our especially challenging, subjective, or complex judgments. The communication of critical audit matters does not alter in any way our opinion on the consolidated financial statements, taken as a whole, and we are not, by communicating the critical audit matters below, providing separate opinions on the critical audit matters or on the accounts or disclosures to which they relate.
Adoption of the New Accounting Standard for Long-Duration Insurance Contracts
As described above and in Notes 2 and 8 to the consolidated financial statements, the Company has adopted the new accounting standard relating to targeted improvements to existing recognition, measurement, presentation and disclosure requirements for long-duration insurance contracts (the “LDTI standard”). The Company adopted the LDTI standard on January 1, 2023 with retroactive cumulative effect to January 1, 2021, on a modified retrospective basis, except for market risk benefits which used a full retrospective basis. As a result of the adoption, the consolidated financial statements as of and for the years ended December 31, 2022 and 2021 have been adjusted to reflect the effects of applying the LDTI standard. The impact of adopting the LDTI standard resulted in transition date
adjustments to retained earnings and accumulated other comprehensive of $(2,689) million and $(1,093) million, respectively, as of January 1, 2021, and transition period adjustments to total equity of $386 million and $(1,223) million as of December 31, 2022 and 2021, respectively, and to net income of $411 million and $2,507 million for the years ended December 31, 2022 and 2021. The transition date and transition period adjustments are principally related to the liability for future policy benefits and market risk benefits. The liability for future policy benefits is estimated by management based on the present value of future policy benefits and related claim expenses, less the present value of estimated future net premiums. Management developed a discount rate methodology used to estimate the present value of the liability for future policy benefits for the Company’s traditional insurance liabilities and constructed a discount rate curve that references upper-medium grade (low credit risk) fixed-income instrument yields. The methodology uses observable market data, where available, and uses various estimation techniques (such as interpolation and extrapolation) where data is limited. Discount rates are updated quarterly. Certain guaranteed minimum death and living benefits (collectively, the “GMxB features”) associated with variable annuity products, other general account annuities and ceded reinsurance contracts with GMxB features with other than nominal market risk are identified by management, measured at estimated fair value and presented separately on the balance sheet as market risk benefits. Market risk benefits are measured at fair value on a seriatim basis using an ascribed fee approach. The ascribed fee is determined at policy inception date so that the mean present value of claims, including any risk charge, is equal to the mean present value of the projected attributed fees which will be capped at average present value of total policyholder contractual fees. The attributed fee percentage is considered a fixed term of the MRB feature and is held static over the life of the contract. The market risk benefits estimated fair value is equal to the average present value of benefits less the average present value of ascribed fees and is determined using a discounted cash flow valuation technique. Considerable judgment is utilized by management in determining the assumptions related to lapse rates, withdrawal rates, utilization rates, non-performance risk, volatility rates, annuitization rates and mortality (collectively, the significant market risk benefit assumptions). As of December 31, 2022 the estimated fair value of purchased market risk benefits, assets for market risk benefits and liabilities for market risk benefits was $(10,490) million, $(478) million and $15,751 million, respectively.
As described above and in Notes 2 and 8 to the consolidated financial statements, the Company has adopted the new accounting standard relating to targeted improvements to existing recognition, measurement, presentation and disclosure requirements for long-duration insurance contracts (the “LDTI standard”). The Company adopted the LDTI standard on January 1, 2023 with retroactive cumulative effect to January 1, 2021, on a modified retrospective basis, except for market risk benefits which used a full retrospective basis. As a result of the adoption, the consolidated financial statements as of and for the years ended December 31, 2022 and 2021 have been adjusted to reflect the effects of applying the LDTI standard. The impact of adopting the LDTI standard resulted in transition date adjustments to retained earnings and accumulated other comprehensive of $(2,689) million and $(1,093) million, respectively, as of January 1, 2021, and transition period adjustments to total equity of $386 million and $(1,223) million as of December 31, 2022 and 2021, respectively, and to net income of $411 million and $2,507 million for the years ended December 31, 2022 and 2021. The transition date and transition period adjustments are principally related to the liability for future policy benefits and market risk benefits. The liability for future policy benefits is estimated by management based on the present value of future policy benefits and related claim expenses, less the present value of estimated future net premiums. Management developed a discount rate methodology used to estimate the present value of the liability for future policy benefits for the Company’s traditional insurance liabilities and constructed a discount rate curve that references upper-medium grade (low credit risk) fixed-income instrument yields. The methodology uses observable market data, where available, and uses various estimation techniques (such as interpolation and extrapolation) where data is limited. Discount rates are updated quarterly. Certain guaranteed minimum death and living benefits (collectively, the “GMxB features”) associated with variable annuity products, other general account annuities and ceded reinsurance contracts with GMxB features with other than nominal market risk are identified by management, measured at estimated fair value and presented separately on the balance sheet as market risk benefits. Market risk benefits are measured at fair value on a seriatim basis using an ascribed fee approach. The ascribed fee is determined at policy inception date so that the mean present value of claims, including any risk charge, is equal to the mean present value of the projected attributed fees which will be capped at average present value of total policyholder contractual fees. The attributed fee percentage is considered a fixed term of the MRB feature and is held static over the life of the contract. The market risk benefits estimated fair value is equal to the average present value of benefits less the average present value of ascribed fees and is determined using a discounted cash flow valuation technique. Considerable judgment is utilized by management in determining the assumptions related to lapse rates, withdrawal rates, utilization rates, non-performance risk, volatility rates, annuitization rates and mortality (collectively, the significant market risk benefit assumptions). As of December 31, 2022 the estimated fair value of purchased market risk benefits, assets for market risk benefits and liabilities for market risk benefits was $(10,490) million, $(478) million and $15,751 million, respectively.
Amortization and Valuation of Deferred Policy Acquisition Costs (“DAC”) related to Variable Annuity Products with Guaranteed Minimum Benefits (as accounted for in the original issuance)
As described in Note 2 (not presented herein) to the consolidated financial statements (appearing under Item 8 of the Company’s 2022 Annual Report on Form 10-K), DAC represents acquisition costs that vary with and are primarily related to the acquisition of new and renewal insurance business that are deferred. A significant portion of the $5.9 billion DAC as of December 31, 2022, is associated with the variable annuity products with guaranteed minimum benefits. DAC associated with certain variable annuity products is amortized based on estimated assessments, with DAC on the remainder of variable annuities, Universal Life and investment-type products amortized over the expected total life of the contract group as a constant percentage of estimated gross profits. DAC is subject to recoverability testing at the time of policy issue and loss recognition testing at the end of each accounting period. The DAC amortization and valuation estimates for these products are determined using models and significant assumptions related to projected future separate account performance, mortality, contract persistency, and general account investment spread. As described above and in Note 2, subsequent to the original issuance of the December 31, 2022 consolidated financial statements, the Company adopted the new accounting standard relating to targeted improvements to existing recognition, measurement, presentation and disclosure requirements for long-duration insurance contracts on a modified retrospective basis, except for market risk benefits which used a full retrospective basis. As a result of the adoption of this standard, in the reissued financial statements DAC is amortized on a constant level basis over the expected term of the contract.
The principal considerations for our determination that performing procedures relating to the amortization and valuation of DAC related to variable annuity products with guaranteed minimum benefits (as accounted for the original issuance) is a critical audit matter are (i) the significant judgment by management when determining the amortization and valuation estimates, (ii) a high degree of auditor judgment, subjectivity and effort in performing procedures and evaluating audit evidence relating to the relevant models and significant assumptions related to projected future separate account performance, mortality, contract persistency, and general account investment spread, and (iii) the audit effort involved the use of professionals with specialized skill and knowledge.
Addressing the matter involved performing procedures and evaluating audit evidence in connection with forming our overall opinion on the consolidated financial statements. These procedures included testing the effectiveness of controls relating to amortization and valuation of DAC related to variable annuity products with guaranteed minimum benefits, including controls over the relevant models and development of the significant assumptions. These procedures also included, among others, testing management’s process for determining the amortization and valuation estimates of DAC, which included (i) testing the completeness and accuracy of the historical data used by management to develop and update the significant assumptions, (ii) testing that significant assumptions are accurately reflected in the relevant models, and (iii) the use of professionals with specialized skill and knowledge to assist in evaluating the appropriateness of the relevant models and the reasonableness of the significant assumptions related to projected future separate account performance, mortality, contract persistency, and general account investment spread based on consideration of the Company’s experience, industry trends, and market conditions, as applicable.
Valuation of Guaranteed Minimum Benefit Features related to Certain Life and Annuity Contracts included within Future Policy Benefits and Other Policyholders’ Liabilities and Amounts Due From Reinsurers (as accounted for in the original issuance)
As described in Note 2 (not presented herein) to the consolidated financial statements (appearing under Item 8 of the Company’s 2022 Annual Report on Form 10-K), future policy benefits and other policyholders’ liabilities of $33.5 billion as of December 31, 2022, includes reserves related to guaranteed minimum death benefits (“GMDB”) and guaranteed minimum income benefit (“GMIB”) features for certain life and annuity contracts, other than those accounted for as embedded derivatives (as accounted for in the original issuance). As disclosed in the original issuance, amounts due from reinsurers of $15.9 billion as of December 31, 2022, includes reinsurance recoverables related to GMDB and GMIB features for certain life and annuity contracts ceded under reinsurance contracts other than those accounted for as embedded derivatives . For certain contracts with guaranteed minimum benefit features, the benefits are accounted for as reserves and determined by estimating the expected value of death or income benefits in excess of the projected contract accumulation value and recognizing the excess over the estimated life based on expected assessments (i.e., benefit ratio). The liability equals the current benefit ratio multiplied by cumulative assessments recognized to date, plus interest, less cumulative excess payments to date. The determination of this estimated liability is based on models that involve numerous assumptions and subjective judgments, including those
regarding expected market rates of return and volatility, contract surrender and withdrawal rates, mortality experience, and, for contracts with the GMIB feature, GMIB election rates. Amounts due from reinsurers, other than those accounted for as embedded derivatives, are calculated using methodologies and assumptions that are consistent with those used to calculate the direct liabilities. As described above and in Note 2, subsequent to the original issuance of the December 31, 2022 consolidated financial statements, the Company adopted the new accounting standard relating to targeted improvements to existing recognition, measurement, presentation and disclosure requirements for long-duration insurance contracts on a modified retrospective basis, except for market risk benefits which used a full retrospective basis. As a result of the adoption of this standard, the GMDB and GMIB features described above are now measured at fair value and presented separately on the balance sheet as assets for market risk benefits or liabilities for market risk benefits.
The principal considerations for our determination that performing procedures relating to the valuation of guaranteed minimum benefit features related to certain life and annuity contracts included within future policy benefits and other policyholders’ liabilities and amounts due from reinsurers (as accounted for in the original issuance) is a critical audit matter are (i) the significant judgment by management when determining the valuation of these guaranteed minimum benefit features, (ii) a high degree of auditor judgment, subjectivity and effort in performing procedures and evaluating audit evidence relating to the relevant models and significant assumptions of expected market rates of return and volatility, contract surrender and withdrawal rates, mortality experience, and, for contracts with the GMIB feature, GMIB election rates (collectively referred to as “the significant assumptions”), and (iii) the audit effort involved the use of professionals with specialized skill and knowledge.
Addressing the matter involved performing procedures and evaluating audit evidence in connection with forming our overall opinion on the consolidated financial statements. These procedures included testing the effectiveness of controls relating to valuation of guaranteed minimum benefit features related to certain life and annuity contracts, including controls over the relevant models and development of the significant assumptions. These procedures also included, among others, testing management’s process for determining the valuation of the guaranteed minimum benefit features, which included (i) testing the completeness and accuracy of the historical data used by management to develop and update the significant assumptions, (ii) testing that significant assumptions are accurately reflected in the relevant models, and (iii) the use of professionals with specialized skill and knowledge to assist in evaluating the appropriateness of the relevant models and the reasonableness of the significant assumptions based on consideration of the Company’s experience, industry trends, and market conditions, as applicable.
Valuation of GMIB Features accounted for as Derivatives included within Future Policy Benefits and Other Policyholders’ Liabilities, GMIB Reinsurance Contract Asset, at fair value and Amounts Due from Reinsurers (as accounted for in the original issuance)
As described in Notes 2 and 7 to the consolidated financial statements, the Company issues certain annuity contracts that contain GMIB features that are accounted for as embedded derivatives, recorded at fair value and presented within policy benefits and other policyholders’ liabilities. The reinsurance of certain of these GMIB features are accounted for as embedded derivatives and are presented at fair value within amounts due from reinsurers. Additionally, there are ceded reinsurance contracts that are net settled, accounted for as a derivative at fair value and presented within GMIB reinsurance contract asset, at fair value. As of December 31, 2022, the fair value of the GMIB features accounted for as embedded derivatives and presented within future policy benefits and other policyholders’ liabilities was $5.8 billion, GMIB reinsurance contract asset, at fair value was $1.3 billion, and amounts due from reinsurers was $4.1 billion. Management determined the fair values the of the GMIB features presented as embedded derivatives using a discounted cash flow valuation technique that incorporates significant unobservable inputs with respect to (i) non-performance risk, lapse rates, withdrawal rates, annuitization rates, and mortality rates for future policy benefits and other policyholders’ liabilities, and (ii) non-performance risk, lapse rates, withdrawal rates, utilization rates, volatility rates, and mortality rates for the GMIB reinsurance contract asset, at fair value and the amounts due from reinsurers. As described above and in Note 2, subsequent to the original issuance of the December 31, 2022 consolidated financial statements, the Company adopted the new accounting standard relating to targeted improvements to existing recognition, measurement, presentation and disclosure requirements for long-duration insurance contracts on a modified retrospective basis, except for market risk benefits which used a full retrospective basis. As a result of the adoption of this standard, the GMIB features mentioned above are measured at fair value and presented as purchased market risk benefits, assets for market risk benefits and liabilities for market risk benefits.
The principal considerations for our determination that performing procedures relating to the valuation of GMIB features accounted for as derivatives and included within future policy benefits and other policyholders’ liabilities, GMIB reinsurance contract asset, at fair value, and amounts due from reinsurers (as accounted for in the original
issuance) is a critical audit matter are (i) the significant judgment by management when determining the fair values of the GMIB features accounted for as derivatives, (ii) a high degree of auditor judgment, subjectivity, and effort in performing procedures and evaluating audit evidence relating to the valuation technique and significant unobservable inputs with related to non-performance risk, lapse rates, withdrawal rates, annuitization rates, and mortality rates for the reinsurance contract asset and the amounts due from reinsurers, and non-performance risk, lapse rates, withdrawal rates, annuitization rates and mortality rates for future policyholders’ liabilities (collectively referred to as “the significant unobservable inputs”), and (iii) the audit effort involved the use of professionals with specialized skill and knowledge.
Addressing the matter involved performing procedures and evaluating audit evidence in connection with forming our overall opinion on the consolidated financial statements. These procedures included testing the effectiveness of controls relating to determining the fair value of the GMIB features accounted for as derivatives included within future policy benefits and other policyholders’ liabilities, GMIB reinsurance contract asset, at fair value, and amounts due from reinsurers, including controls over the valuation technique and determination of significant unobservable inputs. These procedures also included, among others, testing management’s process for determining the fair value of the GMIB features accounted for as derivatives, which included (i) testing the completeness and accuracy of the historical data used by management to develop and update the significant unobservable inputs, (ii) testing that significant unobservable inputs are accurately reflected in the relevant valuation technique, and (iii) the use of professionals with specialized skill and knowledge to assist in evaluating the appropriateness of the valuation technique and the reasonableness of the significant unobservable inputs based on consideration of the Company’s experience, industry trends, and market conditions, as applicable.
/s/ PricewaterhouseCoopers LLP
New York, New York
February 21, 2023, except with respect to our opinion on the consolidated financial statements insofar as it relates to the effects of the change in the manner in which the Company accounts for long-duration insurance contracts discussed in Note 2 of the consolidated financial statements, as to which the date is May 17, 2023.
We have served as the Company’s auditor since 1993.
EQUITABLE FINANCIAL LIFE INSURANCE COMPANY
Consolidated Balance Sheets
December 31, 2022 and 2021
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ASSETS | |
Investments: | | | |
Fixed maturities available-for-sale, at fair value (amortized cost of $68,087 and $68,636) (allowance for credit losses of $24 and $22) | $ | 58,947 | | | $ | 73,076 | |
Mortgage loans on real estate (net of allowance for credit losses of $129 and $62) | 16,464 | | | 14,016 | |
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Policy loans | 3,563 | | | 3,540 | |
Other equity investments (1) | 2,942 | | | 2,759 | |
Trading securities, at fair value | 283 | | | 379 | |
Other invested assets | 2,835 | | | 2,910 | |
Total investments | 85,034 | | | 96,680 | |
Cash and cash equivalents | 797 | | | 1,815 | |
Deferred policy acquisition costs | 4,814 | | | 4,585 | |
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Amounts due from reinsurers (allowance for credit losses of $10 and $5) (3) | 7,131 | | | 3,255 | |
Loans to affiliates | 1,900 | | | 1,900 | |
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Current and deferred income taxes | 1,376 | | | 1,167 | |
Purchased market risk benefits | 10,490 | | | 14,293 | |
Other assets | 3,917 | | | 3,032 | |
Assets for market risk benefits | 478 | | | 317 | |
Separate Accounts assets | 111,479 | | | 143,912 | |
Total Assets | $ | 227,416 | | | $ | 270,956 | |
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LIABILITIES | | | |
Policyholders’ account balances | $ | 79,742 | | | $ | 75,472 | |
Liability for market risk benefits | 15,751 | | | 21,672 | |
Future policy benefits and other policyholders' liabilities | 15,935 | | | 18,108 | |
Broker-dealer related payables | 95 | | | 630 | |
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Amounts due to reinsurers | 282 | | | 135 | |
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Other liabilities | 5,185 | | | 3,516 | |
Separate Accounts liabilities | 111,479 | | | 143,912 | |
Total Liabilities | $ | 228,469 | | | $ | 263,445 | |
Redeemable noncontrolling interest (2) | $ | 21 | | | $ | 28 | |
Commitments and contingent liabilities (4) | | | |
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EQUITY | | | |
Equity attributable to Equitable Financial: | | | |
Common stock, $1.25 par value; 2,000,000 shares authorized, issued and outstanding | $ | 2 | | | $ | 2 | |
Additional paid-in capital | 8,536 | | | 8,546 | |
Accumulated deficit | (1,757) | | | (2,381) | |
Accumulated other comprehensive income (loss) | (7,855) | | | 1,316 | |
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Total Equity | (1,074) | | | 7,483 | |
Total Liabilities, Redeemable Noncontrolling Interest and Equity | $ | 227,416 | | | $ | 270,956 | |
______________(1)See Note 2 of the Notes to these Consolidated Financial Statements for details of balances with VIEs.
(2)See Note 20 of the Notes to these Consolidated Financial Statements for details of redeemable noncontrolling interest.
(3)Represents the fair value of the ceded reserves to Venerable. See Note 1 of the Notes to the Consolidated Financial Statements included in the Company’s Annual Report on Form 10-K for the year ended December 31, 2022 for details of the Venerable Transaction and Note 7 of the Notes to these Consolidated Financial Statements.
(4)See Note 18 of the Notes to these Consolidated Financial Statements for details of commitments and contingent liabilities.
Prior period amounts have been adjusted for the implementation of ASU 2018-12: Targeted Improvements to the Accounting for Long-Duration Contracts.
See Notes to Consolidated Financial Statements.
EQUITABLE FINANCIAL LIFE INSURANCE COMPANY
Consolidated Statements of Income (Loss)
Years Ended December 31, 2022, 2021 and 2020
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REVENUES | | | | | | | | | |
Policy charges and fee income | | | | | $ | 2,225 | | | $ | 2,562 | | | $ | 3,464 | |
Premiums | | | | | 725 | | | 750 | | | 806 | |
Net derivative gains (losses) | | | | | 879 | | | (7,216) | | | (1,541) | |
Net investment income (loss) | | | | | 3,077 | | | 3,483 | | | 3,208 | |
Investment gains (losses), net: | | | | | | | | | |
Credit and intent to sell losses on available for sale debt securities and loans | | | | | (319) | | | 2 | | | (58) | |
Other investment gains (losses), net | | | | | (643) | | | 851 | | | 845 | |
Total investment gains (losses), net | | | | | (962) | | | 853 | | | 787 | |
Investment management and service fees | | | | | 706 | | | 1,004 | | | 1,010 | |
Other income | | | | | 334 | | | 225 | | | 57 | |
Total revenues | | | | | 6,984 | | | 1,661 | | | 7,791 | |
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BENEFITS AND OTHER DEDUCTIONS | | | | | | | | | |
Policyholders’ benefits | | | | | 2,327 | | | 2,407 | | | 4,951 | |
Remeasurement of liability for future policy benefits | | | | | 50 | | | 30 | | | — | |
Change in market risk benefits and purchased market risk benefits | | | | | (1,107) | | | (5,809) | | | — | |
Interest credited to policyholders’ account balances | | | | | 1,309 | | | 1,115 | | | 1,118 | |
Compensation and benefits | | | | | 202 | | | 326 | | | 309 | |
Commissions | | | | | 702 | | | 687 | | | 636 | |
Interest expense | | | | | 6 | | | 1 | | | — | |
Amortization of deferred policy acquisition costs | | | | | 473 | | | 439 | | | 1,333 | |
Other operating costs and expenses | | | | | 1,040 | | | 1,162 | | | 830 | |
Total benefits and other deductions | | | | | 5,002 | | | 358 | | | 9,177 | |
Income (loss) from continuing operations, before income taxes | | | | | 1,982 | | | 1,303 | | | (1,386) | |
Income tax (expense) benefit | | | | | (388) | | | (192) | | | 627 | |
Net income (loss) | | | | | 1,594 | | | 1,111 | | | (759) | |
| | | | | | | | | |
| | | | | | | | | |
Less: Net income (loss) attributable to the noncontrolling interest | | | | | (3) | | | — | | | — | |
Net income (loss) attributable to Equitable Financial | | | | | $ | 1,597 | | | $ | 1,111 | | | $ | (759) | |
See Notes to Consolidated Financial Statements.
EQUITABLE FINANCIAL LIFE INSURANCE COMPANY
Consolidated Statements of Comprehensive Income (Loss)
Years Ended December 31, 2022, 2021 and 2020
| | | | | | | | | | | | | | | | | | | | | |
| | | Year Ended December 31, |
| | | | | 2022 | | 2021 | | 2020 |
| | | | | (in millions) |
COMPREHENSIVE INCOME (LOSS) | | | | | | | | | |
Net income (loss) | | | | | $ | 1,594 | | | $ | 1,111 | | | $ | (759) | |
| | | | | | | | | |
Other comprehensive income (loss), net of income taxes: | | | | | | | | | |
Change in unrealized gains (losses), net of adjustments (1) | | | | | (11,460) | | | (2,503) | | | 2,999 | |
Changes in market risk benefits - instrument-specific credit risk | | | | | 1,247 | | | 51 | | | — | |
Changes in liability for future policy benefits - current discount rate | | | | | 1,042 | | | 267 | | | — | |
Other comprehensive income (loss), net of income taxes | | | | | (9,171) | | | (2,185) | | | 2,999 | |
Comprehensive income (loss) | | | | | (7,577) | | | (1,074) | | | 2,240 | |
Less: Comprehensive income (loss) attributable to the noncontrolling interest (1) | | | | | (3) | | | — | | | — | |
Comprehensive income (loss) attributable to Equitable Financial | | | | | $ | (7,574) | | | $ | (1,074) | | | $ | 2,240 | |
_____________
(1)See Note 17 of the Notes to these Consolidated Financial Statements for details of change in unrealized gains (losses), net of adjustments.
See Notes to Consolidated Financial Statements.
EQUITABLE FINANCIAL LIFE INSURANCE COMPANY
Consolidated Statements of Equity
Years Ended December 31, 2022, 2021 and 2020
| | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | |
| Year Ended December 31, |
| Common Stock | | Additional Paid-in Capital | | Accumulated Deficit | | Accumulated Other Comprehensive Income (Loss) | | Total | | Non-controlling Interest | | Total Equity |
| (in millions) |
January 1, 2022 | $ | 2 | | | $ | 8,546 | | | $ | (2,381) | | | $ | 1,316 | | | $ | 7,483 | | | $ | — | | | $ | 7,483 | |
Dividend to parent company | — | | | — | | | (967) | | | — | | | (967) | | | — | | | (967) | |
Net income (loss) | — | | | — | | | 1,594 | | | — | | | 1,594 | | | — | | | 1,594 | |
Other comprehensive income (loss) | — | | | — | | | — | | | (9,171) | | | (9,171) | | | — | | | (9,171) | |
Other | — | | | (10) | | | (3) | | | — | | | (13) | | | — | | | (13) | |
December 31, 2022 | $ | 2 | | | $ | 8,536 | | | $ | (1,757) | | | $ | (7,855) | | | $ | (1,074) | | | $ | — | | | $ | (1,074) | |
| | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | |
| | | | |
| | | | | | | | | | | | |
| |
January 1, 2021 | $ | 2 | | | $ | 7,841 | | | $ | (795) | | | $ | 4,595 | | | $ | 11,643 | | | $ | — | | | $ | 11,643 | |
Dividend to parent company | — | | | — | | | (8) | | | — | | | (8) | | | — | | | (8) | |
Cumulative effect of adoption of ASU 2018-02, Long Duration Targeted Improvements | — | | | — | | | (2,689) | | | (1,094) | | | (3,783) | | | — | | | (3,783) | |
Capital contribution from parent company | — | | | 750 | | | — | | | — | | | 750 | | | — | | | 750 | |
Net income (loss) | — | | | — | | | 1,110 | | | — | | | 1,110 | | | — | | | 1,110 | |
Other comprehensive income (loss) | — | | | — | | | — | | | (2,185) | | | (2,185) | | | — | | | (2,185) | |
Other | — | | | (45) | | | — | | | — | | | (45) | | | — | | | (45) | |
December 31, 2021 | $ | 2 | | | $ | 8,546 | | | $ | (2,381) | | | $ | 1,316 | | | $ | 7,483 | | | $ | — | | | $ | 7,483 | |
| | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | |
| | | | |
| | | | | | | | | | | | |
| |
January 1, 2020 | $ | 2 | | | $ | 7,809 | | | $ | 2,145 | | | $ | 1,596 | | | $ | 11,552 | | | $ | 13 | | | $ | 11,565 | |
Dividend to parent company | — | | | — | | | (2,149) | | | — | | | (2,149) | | | — | | | (2,149) | |
Cumulative effect of adoption of ASU 2016-03, CECL | — | | | — | | | (32) | | | — | | | (32) | | | — | | | (32) | |
Net income (loss) | — | | | — | | | (759) | | | — | | | (759) | | | (1) | | | (760) | |
Other comprehensive income (loss) | — | | | — | | | — | | | 2,999 | | | 2,999 | | | — | | | 2,999 | |
Other | — | | | 32 | | | — | | | — | | | 32 | | | (12) | | | 20 | |
December 31, 2020 | $ | 2 | | | $ | 7,841 | | | $ | (795) | | | $ | 4,595 | | | $ | 11,643 | | | $ | — | | | $ | 11,643 | |
Prior period amounts have been adjusted for the implementation of ASU 2018-12: Targeted Improvements to the Accounting for Long-Duration Contracts.
See Notes to Consolidated Financial Statements.
EQUITABLE FINANCIAL LIFE INSURANCE COMPANY
Consolidated Statements of Cash Flows
Years Ended December 31, 2022 and 2021
| | | | | | | | | | | | | | | | | | | |
| Year Ended December 31, | | |
| 2022 | | 2021 | | 2020 | | |
| (in millions) | | |
Cash flows from operating activities: | | | | | | | |
Net income (loss) | $ | 1,594 | | | $ | 1,111 | | | $ | (759) | | | |
Adjustments to reconcile net income (loss) to net cash provided by (used in) operating activities: | | | | | | | |
Interest credited to policyholders’ account balances | 1,309 | | | 1,115 | | | 1,118 | | | |
Policy charges and fee income | (2,225) | | | (2,562) | | | (3,464) | | | |
Net derivative (gains) losses | (879) | | | 7,216 | | | 1,541 | | | |
Credit and intent to sell losses on available for sale debt securities and loans | 319 | | | (2) | | | 58 | | | |
Investment (gains) losses, net | 643 | | | (851) | | | (845) | | | |
Realized and unrealized (gains) losses on trading securities | 41 | | | 58 | | | (106) | | | |
Non-cash long-term incentive compensation expense | 20 | | | (16) | | | 29 | | | |
| | | | | | | |
Amortization and depreciation | 247 | | | 161 | | | 1,249 | | | |
Equity (income) loss from limited partnerships | (186) | | | (489) | | | (74) | | | |
Remeasurement of liability for future policy benefits | 50 | | | 30 | | | — | | | |
Change in Market Risk Benefits | (1,107) | | | (5,809) | | | — | | | |
Changes in: | | | | | | | |
| | | | | | | |
Reinsurance recoverable (1) | (539) | | | (977) | | | (283) | | | |
Capitalization of deferred policy acquisition costs | (702) | | | (741) | | | (565) | | | |
Future policy benefits | (494) | | | (380) | | | 1,857 | | | |
Current and deferred income taxes | 344 | | | 185 | | | (306) | | | |
Other, net | (151) | | | 581 | | | (218) | | | |
Net cash provided by (used in) operating activities | $ | (1,716) | | | $ | (1,370) | | | $ | (768) | | | |
| | | | | | | |
Cash flows from investing activities: | | | | | | | |
Proceeds from the sale/maturity/prepayment of: | | | | | | | |
Fixed maturities, available-for-sale | $ | 14,966 | | | $ | 33,815 | | | $ | 18,453 | | | |
Mortgage loans on real estate | 1,154 | | | 1,677 | | | 630 | | | |
Trading account securities | 266 | | | 5,062 | | | 1,913 | | | |
Real estate joint ventures | — | | | — | | | 55 | | | |
Short-term investments | (483) | | | 87 | | | 1,494 | | | |
Other | 355 | | | 1,720 | | | 973 | | | |
Payment for the purchase/origination of: | | | | | | | |
Fixed maturities, available-for-sale | (17,838) | | | (42,573) | | | (26,402) | | | |
Mortgage loans on real estate | (3,683) | | | (2,546) | | | (1,747) | | | |
Trading account securities | (220) | | | (164) | | | (534) | | | |
Short-term investments | — | | | (6) | | | (1,098) | | | |
Other | (745) | | | (2,663) | | | (1,174) | | | |
Cash settlements related to derivative instruments, net | (160) | | | (5,981) | | | 1,204 | | | |
Issuance of loans to affiliates | — | | | (1,000) | | | — | | | |
Repayments of loans to affiliates | — | | | — | | | 300 | | | |
Investment in capitalized software, leasehold improvements and EDP equipment | (49) | | | (59) | | | (66) | | | |
Other, net | 81 | | | 78 | | | (406) | | | |
See Notes to Consolidated Financial Statements.
36
EQUITABLE FINANCIAL LIFE INSURANCE COMPANY
Consolidated Statements of Cash Flows
Years Ended December 31, 2022 and 2021
| | | | | | | | | | | | | | | | | | | |
| Year Ended December 31, | | |
| 2022 | | 2021 | | 2020 | | |
| (in millions) | | |
Net cash provided by (used in) investing activities | $ | (6,356) | | | $ | (12,553) | | | $ | (6,405) | | | |
| | | | | | | |
Cash flows from financing activities: | | | | | | | |
Policyholders’ account balances: | | | | | | | |
Deposits | $ | 15,372 | | | $ | 16,930 | | | $ | 10,928 | | | |
Withdrawals | (6,833) | | | (7,073) | | | (4,370) | | | |
Transfers (to) from Separate Accounts | 1,621 | | | 2,159 | | | 2,517 | | | |
Payments of MRB benefits | (601) | | | (564) | | | — | | | |
Change in collateralized pledged assets | 36 | | | 34 | | | (140) | | | |
Change in collateralized pledged liabilities | (1,572) | | | 1,411 | | | 859 | | | |
Capital contribution from parent company | — | | | 750 | | | — | | | |
Shareholder dividend paid | (930) | | | (7) | | | (2,149) | | | |
| | | | | | | |
Purchase (redemption) of noncontrolling interests of consolidated company-sponsored investment funds | 3 | | | 13 | | | 9 | | | |
| | | | | | | |
| | | | | | | |
| | | | | | | |
| | | | | | | |
Other, net | (42) | | | 42 | | | 70 | | | |
Net cash provided by (used in) financing activities | $ | 7,054 | | | $ | 13,695 | | | $ | 7,724 | | | |
| | | | | | | |
Change in cash and cash equivalents | (1,018) | | | (228) | | | 551 | | | |
Cash and cash equivalents, beginning of year | 1,815 | | | 2,043 | | | 1,492 | | | |
Cash and cash equivalents, end of year | $ | 797 | | | $ | 1,815 | | | $ | 2,043 | | | |
| | | | | | | |
Supplemental cash flow information: | | | | | | | |
| | | | | | | |
Income taxes (refunded) paid | $ | 45 | | | $ | (7) | | | $ | (323) | | | |
| | | | | | | |
Non-cash transactions from investing and financing activities: | | | | | | | |
| | | | | | | |
Dividend to Parent | $ | (37) | | | $ | — | | | $ | — | | | |
Transfer of assets to reinsurer | $ | (2,762) | | | $ | (9,023) | | | $ | — | | | |
| | | | | | | |
______________
(1) Amount includes cash paid for Global Atlantic Transaction in 2022 of $7 million and for Venerable Transaction in 2021 of $494 million. See Note 1 of the Notes to these Consolidated Financial Statements.
Prior period amounts have been adjusted for the implementation of ASU 2018-12: Targeted Improvements to the Accounting for Long-Duration Contracts.
See Notes to Consolidated Financial Statements.
37
EQUITABLE FINANCIAL LIFE INSURANCE COMPANY
Notes to Consolidated Financial Statements
1) ORGANIZATION
Equitable Financial’s (collectively with its consolidated subsidiaries, the “Company”) primary business is providing variable annuity, life insurance and employee benefit products to both individuals and businesses. The Company is an indirect, wholly-owned subsidiary of Holdings. Equitable Financial is a stock life insurance company organized in 1859 under the laws of the State of New York.
The Company’s two principal subsidiaries include Equitable Distributors, LLC (“Equitable Distributors”) and Equitable Investment Management Group, LLC (“EIMG”), which both are wholly-owned indirect subsidiaries of Holdings.
Global Atlantic Reinsurance Transaction
On October 3, 2022, Equitable Financial completed the transactions (the “Global Atlantic Transaction”) contemplated by the previously announced Master Transaction Agreement, dated August 16, 2022, by and between Equitable Financial and First Allmerica Financial Life Insurance Company, a Massachusetts-domiciled insurance company (the “Reinsurer”), a wholly owned subsidiary of Global Atlantic Financial Group.
At the closing of the Global Atlantic Transaction, Equitable Financial and the Reinsurer entered into a Coinsurance and Modified Coinsurance Agreement (the “EQUI-VEST Reinsurance Agreement”), pursuant to which Equitable Financial ceded to the Reinsurer, on a combined coinsurance and modified coinsurance basis, a 50% quota share of approximately 360,000 legacy Group EQUI-VEST deferred variable annuity contracts issued by Equitable Financial between 1980 and 2008, which predominately include Equitable Financial’s highest guaranteed general account crediting rates of 3%, supported by general account assets of approximately $4 billion and $5 billion of Separate Account value (the “Reinsured Contracts”). The Reinsured Contracts predominately include certain of Equitable Financial’s contracts that offer the highest guaranteed general account crediting rates of 3%. At the closing of the Global Atlantic Transaction, the Reinsurer deposited assets supporting the general account liabilities relating to the Reinsured Contracts into a trust account for the benefit of Equitable Financial, which assets will secure its obligations to Equitable Financial under the EQUI-VEST Reinsurance Agreement. Commonwealth Annuity and Life Insurance Company, an insurance company domiciled in the Commonwealth of Massachusetts and affiliate of the Reinsurer (“Commonwealth”), provided a guarantee of the Reinsurer’s payment obligation to Equitable Financial under the EQUI-VEST Reinsurance Agreement.
The Company transferred assets of $2.8 billion, including primarily available-for-sale securities, cash and policy loans as the consideration for the reinsurance transaction. In addition, the Company recorded $4.1 billion of direct insurance liabilities ceded under the reinsurance contract included in amounts due from reinsurers and $1.2 billion of deferred gain on cost of reinsurance included within other liabilities. Additionally, $5.3 billion of Separate Account liabilities were ceded under a modified coinsurance portion of the agreement.
Venerable Reinsurance Transaction
On June 1, 2021, Holdings completed the sale (the “Venerable Transaction”) of CS Life to Venerable Insurance and Annuity Company, an insurance company domiciled in Iowa (“VIAC”), pursuant to the Master Transaction Agreement, dated October 27, 2020 (the “Master Transaction Agreement”), among the Company, VIAC and, solely with respect to Article XIV thereof, Venerable Holdings, Inc., a Delaware corporation (“Venerable”). VIAC issued a surplus note in aggregate principal amount of $60 million, to Equitable Financial for cash consideration.
Immediately following the closing of the Venerable Transaction, CS Life and Equitable Financial entered into a coinsurance and modified coinsurance agreement (the “Reinsurance Agreement”), pursuant to which Equitable Financial ceded to CS Life, on a combined coinsurance and modified coinsurance basis, the Block, comprised of non-New York “Accumulator” policies containing fixed rate Guaranteed Minimum Income Benefit and/or Guaranteed Minimum Death Benefit guarantees. At the closing of the Transaction, CS Life deposited assets supporting the general account liabilities relating to the Block into a trust account for the benefit of Equitable Financial, which assets will secure its obligations to Equitable Financial under the Reinsurance Agreement. The Company transferred assets of $9.5 billion, including primarily available for sale securities and cash, to a collateral trust account as the consideration for the reinsurance transaction. In addition, the Company recorded $9.6 billion of direct insurance liabilities ceded under the reinsurance contract, of which $5.3 billion is accounted at fair value, as the reinsurance of GMxB with no lapse guarantee riders are embedded derivatives. Additionally, $16.9 billion of Separate Account liabilities were ceded under a modified coinsurance portion of the agreement.
AXA EQUITABLE LIFE INSURANCE COMPANY
Notes to Consolidated Financial Statements, Continued
In addition, upon the completion of the Venerable Transaction, EIMG acquired an approximate 9.09% equity interest in Venerable’s parent holding company, VA Capital Company LLC. In connection with such investment, EIMG designated a member to the Board of Managers of VA Capital Company LLC.
2) SIGNIFICANT ACCOUNTING POLICIES
Basis of Presentation and Principles of Consolidation
The preparation of the accompanying consolidated financial statements in conformity with U.S. GAAP requires management to make estimates and assumptions (including normal, recurring accruals) that affect the reported amounts of assets and liabilities and the disclosure of contingent assets and liabilities at the date of the consolidated financial statements and the reported amounts of revenues and expenses during the reporting periods. Actual results could differ from these estimates.
The accompanying consolidated financial statements present the consolidated results of operations, financial condition and cash flows of the Company and its subsidiaries and those investment companies, partnerships and joint ventures in which the Company has control and a majority economic interest as well as those variable interest entities (“VIEs”) that meet the requirements for consolidation.
Financial results in the historical consolidated financial statements may not be indicative of the results of operations, comprehensive income (loss), financial position, equity or cash flows that would have been achieved had we operated as a separate, standalone entity during the reporting periods presented. We believe that the consolidated financial statements include all adjustments necessary for a fair presentation of the results of operations of the Company.
All significant intercompany transactions and balances have been eliminated in consolidation. The years “2022”, “2021” and “2020” refer to the years ended December 31, 2022, 2021 and 2020, respectively.
Certain prior year amounts have been reclassified to conform to the current year’s presentation.
Recent Accounting Pronouncements
Changes to U.S. GAAP are established by the Financial Accounting Standards Board (“FASB”) in the form of Accounting Standards Updates (“ASUs”) to the FASB Accounting Standards Codification (“ASC”). The Company considers the applicability and impact of all ASUs. ASUs listed below include those that have been adopted during the current fiscal year and/or those that have been issued but not yet adopted as of December 31, 2022, and as of the date of this filing. ASUs not listed below were assessed and determined to be either not applicable or not material.
EQUITABLE FINANCIAL LIFE INSURANCE COMPANY
Notes to Consolidated Financial Statements, Continued
Adoption of New Accounting Pronouncements | | | | | | |
Description | | Effect on the Financial Statement or Other Significant Matters |
ASU 2018-12: Financial Services - Insurance (Topic 944) |
This ASU provides targeted improvements to existing recognition, measurement, presentation, and disclosure requirements for long-duration contracts issued by an insurance entity. The ASU primarily impacts four key areas, including: 1. Measurement of the liability for future policy benefits for traditional and limited payment contracts. The ASU requires companies to review, and if necessary, update cash flow assumptions at least annually for non-participating traditional and limited-payment insurance contracts. The ASU also prescribes the discount rate to be used in measuring the liability for future policy benefits for traditional and limited payment long-duration contracts.
2. Measurement of Market Risk Benefits (“MRBs”). MRBs, as defined under the ASU, will encompass certain GMxB features associated with variable annuity products and other general account annuities with other than nominal market risk.
3. Amortization of deferred acquisition costs. The ASU simplifies the amortization of deferred acquisition costs and other balances amortized in proportion to premiums, gross profits, or gross margins, requiring such balances to be amortized on a constant level basis over the expected term of the contracts.
4. Expanded footnote disclosures. The ASU requires additional disclosures including information about significant inputs, judgements, assumptions and methods used in measurement. | | On January 1, 2023, the Company adopted the new accounting standard ASU 2018-12 using the modified retrospective approach, except for MRBs which will use the full retrospective approach.
Refer to “Transition impact of ASU 2018-12, Financial Services- Insurance (Topic 944): Targeted Improvements to the Accounting for Long-Duration Contracts” section within this note for further details. |
|
| | |
EQUITABLE FINANCIAL LIFE INSURANCE COMPANY
Notes to Consolidated Financial Statements, Continued
Transition impact of ASU 2018-12, Financial Services—Insurance (Topic 944): Targeted Improvements to the Accounting for Long-Duration Contracts
The Company has not retrospectively adjusted its consolidated financial statements for the year ended December 31, 2020 to reflect the adoption of ASU 2018-12, consistent with the Division of Corporation Finance’s Financial Reporting Manual Section 11410.1.
The Company adopted ASU 2018-12 for liability for future policy benefits (“LFPB”), additional insurance liabilities, DAC and balances amortized on a basis consistent with DAC on a modified retrospective basis. ASU 2018-12 was adopted for MRBs on a full retrospective basis.
As a result of the adoption, the consolidated financial statements as of and for the years ended December 31, 2022 and 2021 have been adjusted to reflect the effects of applying the standard. The impact of adopting the standard resulted in a transition date adjustment of $(2,689) million to retained earnings and $(1,093) million to accumulated other comprehensive income as of January 1, 2021. The impact of adopting the standard also resulted in transition period adjustments of $386 million and $(1,224) million to total equity as of December 31, 2022 and 2021 and of $411 million and $2,506 million to net income for the years then ended. The transition date and transition period adjustments are principally related to the liability for future policy benefits, and MRBs.
For the liability for future policy benefits, there is limited unfavorable retained earnings impact due to net premiums exceeding gross premiums. There is an unfavorable accumulated other comprehensive income (“AOCI”) impact due to using the current single-A rate which is lower than the locked in discount rate.
For market risk benefits, the transition adjustment to AOCI related to the effect of the changes in the instrument-specific credit risk of market risk benefits between the contract issue and transition date. The remaining transition difference was related to recording market risk benefits at fair value. This change was recorded as an adjustment to retained earnings as of the transition date.
For DAC and balances amortized on a basis consistent with DAC including sales inducement assets and unearned revenue liabilities, there is no retained earnings impact due to application of the modified transition approach. There is a favorable AOCI impact due to the removal of DAC balances recorded in AOCI, offsetting the unfavorable AOCI impact resulting from LFPB.
The following table presents the effect of transition adjustment to total equity resulting from the adoption of ASU 2018-12 as of January 1, 2021:
| | | | | | | | | | | |
| Retained Earnings | Accumulated Other Comprehensive Income | Total |
| (in millions) |
Liability for future policy benefits | $ | (2) | | $ | (819) | | $ | (821) | |
Market risk benefits | (3,402) | | (904) | | (4,306) | |
DAC | — | | 467 | | 467 | |
| | | |
Unearned revenue liability and sales inducement assets (1) | — | | (128) | | (128) | |
| | | |
Total transition adjustment before taxes | (3,404) | | (1,384) | | (4,788) | |
Income taxes | 715 | | 291 | | 1,006 | |
Total adjustment (net of taxes) | $ | (2,689) | | $ | (1,093) | | $ | (3,782) | |
______________
(1) Unearned revenue liability included within liability for future policy benefits financial statement line item in the consolidated balance sheets. Sales inducement assets are included in other assets in the consolidated balance sheets.
The following table summarizes the balance of and changes in liability for future policy benefits on January 1, 2021 resulting from the adoption of ASU 2018-12:
EQUITABLE FINANCIAL LIFE INSURANCE COMPANY
Notes to Consolidated Financial Statements, Continued
| | | | | | | | | | | | | | | | | | |
| | | | |
| Term | | Payout | Group Pension | Health | Total |
| (in millions) |
Balance, December 31, 2020 | $ | 1,415 | | | $ | 3,047 | | $ | 771 | | $ | 2,100 | | $ | 7,333 | |
| | | | | | |
Adjustment for reversal of balances recorded in Accumulated Other Comprehensive Income | — | | | (171) | | (85) | | (100) | | (356) | |
| | | | | | |
| | | | | | |
Effect of remeasurement of liability at current single A rate | 559 | | | 531 | | 94 | | 300 | | 1,484 | |
Balance, January 1, 2021 (1) | 1,974 | | | 3,407 | | 780 | | 2,300 | | 8,461 | |
Less: Reinsurance recoverable | (372) | | | — | | — | | (1,837) | | (2,209) | |
Balance, January 1, 2021, net of reinsurance | $ | 1,602 | | | $ | 3,407 | | $ | 780 | | $ | 463 | | $ | 6,252 | |
| | | | | | |
| | | | | | |
| | | | | | |
| | | | | | |
______________
(1) LFPB transition table not inclusive of the following transition adjustments to AOCI including PFBL of $30 million, premium deficiency reserve (“PDR”) of $(146) million, Rider Reserves, Term Reinsurance of $(79) million and Other of $(111) million, which primarily consists of DI Ceded, DI Assumed and Reinsurance Assumed.
The following table summarizes the balance of and changes in the net liability position of market risk benefits on January 1, 2021 resulting from the adoption of ASU 2018-12:
| | | | | | | | | | | | | | |
| GMxB Legacy | GMxB Core | Purchased MRB | Total |
| (in millions) |
Balance, December 31, 2020 | $ | 19,891 | | $ | 2,206 | | $ | (2,943) | | $ | 19,154 | |
Adjustment for reversal of balances recorded in Accumulated Other Comprehensive Income | (70) | | (4) | | — | | (74) | |
Adjustments for the cumulative effect of the changes in the instrument-specific credit risk between the original contract issuance date and the transition date | 461 | | 505 | | 5 | | 971 | |
Adjustments for the remaining difference (exclusive of the instrument specific credit risk change and host contract adjustments) between previous carrying amount and fair value measurement for the MRB | 4,122 | | (563) | | (194) | | 3,365 | |
Balance, January 1, 2021 (1) | $ | 24,404 | | $ | 2,144 | | $ | (3,132) | | $ | 23,416 | |
______________
(1) MRB transition table not inclusive of the following transition adjustments to retained earnings and AOCI including EQUI-VEST of $43 million, SCS of $21 million and Group Retirement EQUI-VEST of $(20) million.
The following table summarizes the balance of and changes in DAC on January 1, 2021 resulting from the adoption of ASU 2018-12:
| | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | |
| Term | UL (1) | VUL (2) | IUL (3) | | GMxB Legacy | GMxB Core | EI (4) | IE (5) | SCS | EG (6) | Momentum | Total |
| (in millions) |
Balance, December 31, 2020 | $ | 403 | | $ | — | | $ | — | | $ | — | | | $ | 192 | | $ | 1,635 | | $ | 141 | | $ | 95 | | $ | 645 | | $ | 581 | | $ | 79 | | $ | 3,771 | |
Adjustment for reversal of balances recorded in Accumulated Other Comprehensive Income | — | | 5 | | 6 | | — | | | 8 | | 11 | | 13 | | (1) | | 210 | | 53 | | 22 | | 327 | |
Balance, January 1, 2020 (7) | $ | 403 | | $ | 5 | | $ | 6 | | $ | — | | | $ | 200 | | $ | 1,646 | | $ | 154 | | $ | 94 | | $ | 855 | | $ | 634 | | $ | 101 | | $ | 4,098 | |
| | | | | | | | | | | | | |
______________
(1) “UL” defined as Universal Life
(2) “VUL” defined as Variable Universal Life
(3) “IUL” defined as Indexed Universal Life
(4) “EI” defined as EQUI-VEST Individual
(5) “IE” defined as Investment Edge
EQUITABLE FINANCIAL LIFE INSURANCE COMPANY
Notes to Consolidated Financial Statements, Continued
(6) “EG” defined as EQUI-VEST Group
(7) DAC transition table not inclusive of Closed Block of $136 million. and Protection Solutions of $3 million transition adjustment.
The following tables summarize the balance of and changes in sales inducement assets and unearned revenue liability on January 1, 2021 resulting from the adoption of ASU 2018-12:
| | | | | | | | | | | | | | |
| Unearned Revenue Liability | Total |
| UL | VUL | IUL |
| |
Balance, December 31, 2020 | $ | 31 | | $ | 382 | | $ | — | | $ | 413 | |
Adjustment for reversal of balances recorded in Accumulated Other Comprehensive Income | 29 | | 99 | | — | | 128 | |
| | | | |
Balance, January 1, 2021 | $ | 60 | | $ | 481 | | $ | — | | $ | 541 | |
| | | | | | | | | | | |
| Sales Inducement Assets | Total |
| GMxB Legacy | GMxB Core |
| (in millions) |
Balance, December 31, 2020 | $ | 246 | | $ | 158 | | $ | 404 | |
Adjustment for reversal of balances recorded in Accumulated Other Comprehensive Income | — | | — | | — | |
| | | |
Balance, January 1, 2021 | $ | 246 | | $ | 158 | | $ | 404 | |
EQUITABLE FINANCIAL LIFE INSURANCE COMPANY
Notes to Consolidated Financial Statements, Continued
Investments
The carrying values of fixed maturities classified as AFS are reported at fair value. Changes in fair value are reported in OCI, net of allowance for credit losses, policy related amounts and deferred income taxes. Changes in credit losses are recognized in Investment gains (losses), net. The redeemable preferred stock investments that are reported in fixed maturities include REIT, perpetual preferred stock and redeemable preferred stock. These securities may not have a stated maturity, may not be cumulative and do not provide for mandatory redemption by the issuer. Effective January 1, 2021, the Company began classifying certain preferred stock as equity securities to better reflect the economics and nature of these securities. These preferred stock securities are reported in other equity investments.
The Company determines the fair values of fixed maturities and equity securities based upon quoted prices in active markets, when available, or through the use of alternative approaches when market quotes are not readily accessible or available. These alternative approaches include matrix or model pricing and use of independent pricing services, each supported by reference to principal market trades or other observable market assumptions for similar securities. More specifically, the matrix pricing approach to fair value is a discounted cash flow methodology that incorporates market interest rates commensurate with the credit quality and duration of the investment. The Company’s management, with the assistance of its investment advisors, evaluates AFS debt securities that experienced a decline in fair value below amortized cost for credit losses which are evaluated in accordance with the new financial instruments credit losses guidance. Integral to this review is an assessment made each quarter, on a security-by-security basis, by the Company’s IUS Committee, of various indicators of credit deterioration to determine whether the investment security has experienced a credit loss. This assessment includes, but is not limited to, consideration of the severity of the unrealized loss, failure, if any, of the issuer of the security to make scheduled payments, actions taken by rating agencies, adverse conditions specifically related to the security or sector, and the financial strength, liquidity and continued viability of the issuer.
The Company recognizes an allowance for credit losses on AFS debt securities with a corresponding adjustment to earnings rather than a direct write down that reduces the cost basis of the investment, and credit losses are limited to the amount by which the security’s amortized cost basis exceeds its fair value. Any improvements in estimated credit losses on AFS debt securities are recognized immediately in earnings. Management does not use the length of time a security has been in an unrealized loss position as a factor, either by itself or in combination with other factors, to conclude that a credit loss does not exist.
When the Company determines that there is more than 50% likelihood that it is not going to recover the principal and interest cash flows related to an AFS debt security, the security is placed on nonaccrual status and the Company reverses accrued interest receivable against interest income. Since the nonaccrual policy results in a timely reversal of accrued interest receivable, the Company does not record an allowance for credit losses on accrued interest receivable.
If there is no intent to sell or likely requirement to dispose of the fixed maturity security before its recovery, only the credit loss component of any resulting allowance is recognized in income (loss) and the remainder of the fair value loss is recognized in OCI. The amount of credit loss is the shortfall of the present value of the cash flows expected to be collected as compared to the amortized cost basis of the security. The present value is calculated by discounting management’s best estimate of projected future cash flows at the effective interest rate implicit in the debt security at the date of acquisition. Projections of future cash flows are based on assumptions regarding probability of default and estimates regarding the amount and timing of recoveries. These assumptions and estimates require use of management judgment and consider internal credit analyses as well as market observable data relevant to the collectability of the security. For mortgage and asset-backed securities, projected future cash flows also include assumptions regarding prepayments and underlying collateral value.
Write-offs of AFS debt securities are recorded when all or a portion of a financial asset is deemed uncollectible. Full or partial write-offs are recorded as reductions to the amortized cost basis of the AFS debt security and deducted from the allowance in the period in which the financial assets are deemed uncollectible. The Company elected to reverse accrued interest deemed uncollectible as a reversal of interest income. In instances where the Company collects cash that it has previously written off, the recovery will be recognized through earnings or as a reduction of the amortized cost basis for interest and principal, respectively.
Policy loans represent funds loaned to policyholders up to the cash surrender value of the associated insurance policies and are carried at the unpaid principal balances due to the Company from the policyholders. Interest income on policy loans is recognized in net investment income at the contract interest rate when earned. Policy loans are fully collateralized by the cash surrender value of the associated insurance policies.
EQUITABLE FINANCIAL LIFE INSURANCE COMPANY
Notes to Consolidated Financial Statements, Continued
Partnerships, investment companies and joint venture interests that the Company has control of and has an economic interest in or those that meet the requirements for consolidation under accounting guidance for consolidation of VIEs are consolidated. Those that the Company does not have control of and does not have a majority economic interest in and those that do not meet the VIE requirements for consolidation are reported on the equity method of accounting and are reported in other equity investments. The Company records its interests in certain of these partnerships on a month or one quarter lag.
Trading securities, which include equity securities and fixed maturities, are carried at fair value based on quoted market prices, with realized and unrealized gains (losses) reported in net investment income (loss) in the consolidated statements of income (loss).
COLI has been purchased by the Company and certain subsidiaries on the lives of certain key employees and the Company and these subsidiaries are named as beneficiaries under these policies. COLI is carried at the cash surrender value of the policies. As of December 31, 2022 and 2021, the carrying value of COLI was $888 million and $1.0 billion, respectively, and is reported in other invested assets in the consolidated balance sheets.
Cash and cash equivalents includes cash on hand, demand deposits, money market accounts, overnight commercial paper and highly liquid debt instruments purchased with an original maturity of three months or less. Due to the short-term nature of these investments, the recorded value is deemed to approximate fair value.
Derivatives
Derivatives are financial instruments whose values are derived from interest rates, foreign exchange rates, financial indices, values of securities or commodities, credit spreads, market volatility, expected returns and liquidity. Values can also be affected by changes in estimates and assumptions, including those related to counterparty behavior and non-performance risk used in valuation models. Derivative financial instruments generally used by the Company include equity, currency, and interest rate futures, total return and/or other equity swaps, interest rate swaps and floors, swaptions, variance swaps and equity options, all of which may be exchange-traded or contracted in the OTC market. All derivative positions are carried in the consolidated balance sheets at fair value, generally by obtaining quoted market prices or through the use of valuation models.
Freestanding derivative contracts are reported in the consolidated balance sheets either as assets within “other invested assets” or as liabilities within “other liabilities”. The Company nets the fair value of all derivative financial instruments with counterparties for which an ISDA Master Agreement and related CSA have been executed. All changes in the fair value of the Company’s freestanding derivative positions not designated to hedge accounting relationships, including net receipts and payments, are included in “net derivative gains (losses)” without considering changes in the fair value of the economically associated assets or liabilities.
The Company has designated certain derivatives it uses to economically manage asset/liability risk in relationships which qualify for hedge accounting. To qualify for hedge accounting, we formally document our designation at inception of the hedge relationship as a cash flow, fair value or net investment hedge. This documentation includes our risk management objective and strategy for undertaking the hedging transaction. The Company identifies how the hedging instrument is expected to offset the designated risks related to the hedged item and the method that will be used to retrospectively and prospectively assess the hedge effectiveness. To qualify for hedge accounting, a hedging instrument must be assessed as being highly effective in offsetting the designated risk of the hedged item. Hedge effectiveness is formally assessed and documented at inception and periodically throughout the life of the hedge accounting relationship.
The Company does not exclude any components of the hedging instrument from the effectiveness assessments and therefore does not separately measure or account for any excluded components of the hedging instrument.
While in cash flow hedge relationships, any periodic net receipts and payments from the hedging instrument are included in the income or expense line that the hedged item’s periodic income or expense is recognized. Other changes in the fair value of the hedging instrument while in a cash flow hedging relationship are reported within OCI. These amounts are deferred in AOCI until they are reclassified to Net income (loss). The reclassified amount offsets the effect of the cash flows on Net income (loss) in the same period when the hedged item affects earnings and on the same line as the hedged item.
We discontinue cash flow hedge accounting prospectively when the Company determines: (1) the hedging instrument is no longer highly effective in offsetting changes in the cash flow from the hedged risk, (2) the hedged item is no longer probable of occurring within two months of their forecast, or (3) the hedging instrument is otherwise
EQUITABLE FINANCIAL LIFE INSURANCE COMPANY
Notes to Consolidated Financial Statements, Continued
redesignated from the hedging relationship. Changes in the fair value of the derivative after discontinuation of cash flow hedge accounting are accounted for as freestanding derivative positions not designated to hedge accounting relationships unless and until the derivative is redesignated to a hedge accounting relationship. When cash flow hedge accounting is discontinued the amounts deferred in AOCI during the hedge relationship continue to be deferred in AOCI, as long as the hedged items continue to be probable of occurring within two months of their forecast, until the hedged item affects Net income (loss). Any amount deferred in AOCI for hedged items which are no longer probable of occurring within two months of their forecast will be reclassified to “net derivative gains (losses)” at that time.
The Company is a party to financial instruments and other contracts that contain “embedded” derivative instruments. At inception, the Company assesses whether the economic characteristics of the embedded instrument are “clearly and closely related” to the economic characteristics of the remaining component of the “host contract” and whether a separate instrument with the same terms as the embedded instrument would meet the definition of a derivative instrument. Once those criteria are met, the resulting embedded derivative is bifurcated from the host contract, carried in the consolidated balance sheets at fair value, and changes in its fair value are recognized immediately and captioned in the consolidated statements of income (loss) according to the nature of the related host contract. For certain financial instruments that contain an embedded derivative that otherwise would need to be bifurcated and reported at fair value, the Company instead may elect to carry the entire instrument at fair value.
Mortgage Loans on Real Estate
Mortgage loans are stated at unpaid principal balances, net of unamortized discounts and the allowance for credit losses. The Company calculates the allowance for credit losses in accordance with the CECL model in order to provide for the risk of credit losses in the lending process.
Expected credit losses for loans with similar risk characteristics are estimated on a collective (i.e., pool) basis in order to meet CECL’s risk of loss concept which requires the Company to consider possibilities of loss, even if remote.
For collectively evaluated mortgages, the Company estimates the allowance for credit losses based on the amortized cost basis of its mortgages over their expected life using a PD / LGD model. The PD / LGD model incorporates the Company’s reasonable and supportable forecast of macroeconomic information over a specified period. The length of the reasonable and supportable forecast period is reassessed on a quarterly basis and may be adjusted as appropriate over time to be consistent with macroeconomic conditions and the environment as of the reporting date. For periods beyond the reasonable and supportable forecast period, the model reverts to historical loss information. The PD and LGD are estimated at the loan-level based on loans’ current and forecasted risk characteristics as well as macroeconomic forecasts. The PD is estimated using both macroeconomic conditions as well as individual loan risk characteristics including LTV ratios, DSC ratios, seasoning, collateral type, geography, and underlying credit. The LGD is driven primarily by the type and value of collateral, and secondarily by expected liquidation costs and time to recovery.
For individually evaluated mortgages, the Company continues to recognize a valuation allowance on the present value of expected future cash flows discounted at the loan’s original effective interest rate or on its collateral value.
The CECL model is configured to the Company’s specifications and takes into consideration the detailed risk attributes of each discrete loan in the mortgage portfolio which include, but are not limited to the following:
•LTV ratio - Derived from current loan balance divided by the fair market value of the property. An LTV ratio in excess of 100% indicates an underwater mortgage.
•DSC ratio - Derived from actual operating earnings divided by annual debt service. If the ratio is below 1.0x, then the income from the property does not support the debt.
•Occupancy - Criteria varies by property type but low or below market occupancy is an indicator of sub-par property performance.
•Lease expirations - The percentage of leases expiring in the upcoming 12 to 36 months are monitored as a decline in rent and/or occupancy may negatively impact the debt service coverage ratio. In the case of single-tenant properties or properties with large tenant exposure, the lease expiration is a material risk factor.
•Other - Any other factors such as maturity, borrower/tenant related issues, payment status, property condition, or current economic conditions may call into question the performance of the loan.
Mortgage loans that do not share similar risk characteristics with other loans in the portfolio are individually evaluated quarterly by the Company’s IUS Committee. The allowance for credit losses on these individually evaluated
EQUITABLE FINANCIAL LIFE INSURANCE COMPANY
Notes to Consolidated Financial Statements, Continued
mortgages is a loan-specific reserve as a result of the loan review process that is recorded based on the present value of expected future cash flows discounted at the loan’s effective interest rate or based on the fair value of the collateral. The individually assessed allowance for mortgage loans can increase or decrease from period to period based on such factors.
Individually assessed loans may include, but are not limited to, mortgages that have deteriorated in credit quality such as a TDR and reasonably expected TDRs, mortgages for which foreclosure is probable, and mortgages which have been classified as “potential problem” or “problem” loans within the Company’s IUS Committee processes as described below.
Within the IUS process, commercial mortgages 60 days or more past due and agricultural mortgages 90 days or more past due, as well as all mortgages in the process of foreclosure, are identified as problem mortgage loans. Based on its monthly monitoring of mortgages, a class of potential problem mortgage loans are also identified, consisting of mortgage loans not currently classified as problem mortgage loans but for which management has doubts as to the ability of the borrower to comply with the present loan payment terms and which may result in the loan becoming a problem or being modified. The decision whether to classify a performing mortgage loan as a potential problem involves judgments by management as to likely future industry conditions and developments with respect to the borrower or the individual mortgaged property.
Individually assessed mortgage loans without provision for losses are mortgage loans where the fair value of the collateral or the net present value of the expected future cash flows related to the loan equals or exceeds the recorded investment. Interest income earned on mortgage loans where the collateral value is used to measure impairment is recorded on a cash basis. Interest income on mortgage loans where the present value method is used to measure impairment is accrued on the net carrying value amount of the loan at the interest rate used to discount the cash flows.
Mortgage loans are placed on nonaccrual status once management believes the collection of accrued interest is not probable. Once mortgage loans are classified as nonaccrual mortgage loans, interest income is recognized under the cash basis of accounting and the resumption of the interest accrual would commence only after all past due interest has been collected or the mortgage loan has been restructured to where the collection of interest is considered likely. The Company charges off loan balances and accrued interest that are deemed uncollectible.
The components of amortized cost for mortgage loans on the consolidated balance sheets excludes accrued interest amounts because the Company presents accrued interest receivables within other assets. Once mortgage loans are placed on nonaccrual status, the Company reverses accrued interest receivable against interest income. Since the nonaccrual policy results in the timely reversal of accrued interest receivable, the Company does not record an allowance for credit losses on accrued interest receivable.
Troubled Debt Restructuring
The Company invests in commercial and agricultural mortgage loans included in the balance sheet as mortgage loans on real estate and privately negotiated fixed maturities included in the balance sheet as fixed maturities AFS. Under certain circumstances, modifications are granted to these contracts. Each modification is evaluated as to whether a TDR has occurred. A modification is a TDR when the borrower is in financial difficulty and the creditor makes concessions. Generally, the types of concessions may include reducing the face amount or maturity amount of the debt as originally stated, reducing the contractual interest rate, extending the maturity date at an interest rate lower than current market interest rates and/or reducing accrued interest. The Company considers the amount, timing and extent of the concession granted in determining any impairment or changes in the specific credit allowance recorded in connection with the TDR. A credit allowance may have been recorded prior to the period when the loan is modified in a TDR. Accordingly, the carrying value (net of the allowance) before and after modification through a TDR may not change significantly, or may increase if the expected recovery is higher than the pre-modification recovery assessment.
Net Investment Income (Loss), Investment Gains (Losses) Net, and Unrealized Investment Gains (Losses)
Realized investment gains (losses) are determined by identification with the specific asset and are presented as a component of revenue. Changes in the allowance for credit losses are included in investment gains (losses), net.
Realized and unrealized holding gains (losses) on trading and equity securities are reflected in net investment income (loss).
Unrealized investment gains (losses) on fixed maturities designated as AFS held by the Company are accounted for as a separate component of AOCI, net of related deferred income taxes, as are amounts attributable to certain pension
EQUITABLE FINANCIAL LIFE INSURANCE COMPANY
Notes to Consolidated Financial Statements, Continued
operations, Closed Block’s policyholders’ dividend obligation, insurance liability loss recognition, DAC related to UL policies, investment-type products and participating traditional life policies.
Changes in unrealized gains (losses) reflect changes in fair value of only those fixed maturities classified as AFS and do not reflect any change in fair value of policyholders’ account balances and future policy benefits.
Fair Value of Financial Instruments
See Note 7 of the Notes to these Consolidated Financial Statements for additional information regarding determining the fair value of financial instruments.
Recognition of Insurance Income and Related Expenses
Deposits related to UL and investment-type contracts are reported as deposits to policyholders’ account balances. Revenues from these contracts consist of fees assessed during the period against policyholders’ account balances for mortality charges, policy administration charges and surrender charges. Policy benefits and claims that are charged to expense include benefit claims incurred in the period in excess of related policyholders’ account balances.
Securities Sold under Agreements to Repurchase
Securities sold under agreements to repurchase involve the temporary exchange of securities for cash or other collateral of equivalent value, with agreement to redeliver a like quantity of the same or similar securities at a future date prior to maturity at a fixed and determinable price. Securities sold under agreements to repurchase transactions are conducted by the Company under a standardized securities industry master agreement, amended to suit the requirements of each respective counterparty. Transfers of securities under these agreements to repurchase are evaluated by the Company to determine whether they satisfy the criteria for accounting treatment as secured borrowing arrangements. Agreements not meeting the criteria would require recognition of the transferred securities as sales with related forward repurchase commitments. All of the Company’s securities repurchase transactions are accounted for as secured borrowings with the related obligations distinctly captioned in the consolidated balance sheets on a gross basis. Income and expenses associated with repurchase agreements are recognized as investment income and investment expense, respectively, within net investment income (loss). As of December 31, 2022 and 2021, the Company had no Securities sold under agreements to repurchase outstanding. During the year ended December 31, 2021 there was no activity on Securities sold under agreements to repurchase.
DAC
Acquisition costs that vary with and are primarily related to the acquisition of new and renewal insurance business, reflecting incremental direct costs of contract acquisition with independent third parties or employees that are essential to the contract transaction, as well as the portion of employee compensation, including employee fringe benefits and other costs directly related to underwriting, policy issuance and processing, medical inspection, and contract selling for successfully negotiated contracts including commissions, underwriting, agency and policy issue expenses, are deferred.
Contracts are measured on a grouped basis utilizing cohorts consistent with those used in the calculation of future policy benefit reserves. DAC is amortized on a constant level basis for the grouped contracts over the expected term of the contract. For life insurance products, DAC is amortized in proportion to the face amount in force. For annuity products DAC is amortized in proportion to policy counts. The constant level basis used for amortization determines the current period amortization considering both the current period’s actual experience and future projections. The amortization pattern is revised quarterly on a prospective basis. Amortization of DAC is included in Amortization of DAC, part of total benefits and other deductions.
For some products, policyholders can elect to modify product benefits, features, rights or coverages that occur by the exchange of a contract for a new contract, or by amendment, endorsement, or rider to a contract, or by election or coverage within a contract. These transactions are known as internal replacements. If such modification substantially changes the contract, the associated DAC is written off immediately through income and any new acquisition costs associated with the replacement contract are deferred.
DAC - Prior to the adoption of ASU 2018-12 effective January 1, 2021
In each reporting period, DAC amortization, net of the accrual of imputed interest on DAC balances, was recorded to amortization of deferred policy acquisition costs. DAC was subject to recoverability testing at the time of policy issue
EQUITABLE FINANCIAL LIFE INSURANCE COMPANY
Notes to Consolidated Financial Statements, Continued
and loss recognition testing at the end of each accounting period. The determination of DAC, including amortization and recoverability estimates, was based on models that involve numerous assumptions and subjective judgments, including those regarding policyholder behavior, surrender and withdrawal rates, mortality experience, and other inputs including financial market volatility and market rates of return.
After the initial establishment of reserves, premium deficiency and loss recognition tests were performed each period end using best estimate assumptions as of the testing date without provisions for adverse deviation. When the liabilities for future policy benefits plus the present value of expected future gross premiums for the aggregate product group were insufficient to provide for expected future policy benefits and expenses for that line of business (i.e., reserves net of any DAC asset), DAC would first be written off and thereafter, if required, a premium deficiency reserve would be established by a charge to earnings.
Amortization Policy
In accordance with the guidance for the accounting and reporting by insurance enterprises for certain long-duration contracts and participating contracts and for realized gains and losses from the sale of investments, current and expected future profit margins for products covered by this guidance were examined regularly in determining the amortization of DAC.
DAC associated with certain variable annuity products was amortized based on estimated assessments, with DAC on the remainder of variable annuities, UL and investment-type products amortized over the expected total life of the contract group as a constant percentage of estimated gross profits arising principally from investment results, Separate Accounts fees, mortality and expense margins and surrender charges based on historical and anticipated future experience, embedded derivatives and changes in the reserve of products that have indexed features such as SCS IUL and MSO, updated at the end of each accounting period. When estimated gross profits were expected to be negative for multiple years of a contract life, DAC was amortized using the present value of estimated assessments. The effect on the amortization of DAC of revisions to estimated gross profits or assessments was reflected in earnings (loss) in the period such estimated gross profits or assessments were revised. A decrease in expected gross profits or assessments would accelerate DAC amortization. Conversely, an increase in expected gross profits or assessments would slow DAC amortization. The effect on the DAC assets that would result from realization of unrealized gains (losses) was recognized with an offset to AOCI in consolidated equity as of the balance sheet date.
A significant assumption in the amortization of DAC on variable annuities and, to a lesser extent, on variable and interest-sensitive life insurance related to projected future separate account performance. Management set estimated future gross profit or assessment assumptions related to separate account performance using a long-term view of expected average market returns by applying a RTM approach, a commonly used industry practice. This future return approach influenced the projection of fees earned, as well as other sources of estimated gross profits. Returns that were higher than expectations for a given period produce higher than expected account balances, increased the fees earned resulting in higher expected future gross profits and lower DAC amortization for the period. The opposite occurred when returns were lower than expected.
In applying this approach to develop estimates of future returns, it was assumed that the market would return to an average gross long-term return estimate, developed with reference to historical long-term equity market performance. Management set limitations as to maximum and minimum future rate of return assumptions, as well as a limitation on the duration of use of these maximum or minimum rates of return. As of December 31, 2020, the average gross short-term and long-term annual return estimate on variable and interest-sensitive life insurance and variable annuities was 7.0% (4.9% net of product weighted average Separate Accounts fees), and the gross maximum and minimum short-term annual rate of return limitations were 15.0% (12.9% net of product weighted average Separate Accounts fees and Investment Advisory fees) and 0.0% ((2.1)% net of product weighted average Separate Accounts fees and Investment Advisory fees), respectively. The maximum duration over which these rate limitations may be applied is five years. These assumptions of long-term growth were subject to assessment of the reasonableness of resulting estimates of future return assumptions.
In addition, projections of future mortality assumptions related to variable and interest-sensitive life products were based on a long-term average of actual experience. This assumption was updated periodically to reflect recent experience as it emerges. Improvement of life mortality in future periods from that currently projected would result in future deceleration of DAC amortization. Conversely, deterioration of life mortality in future periods from that currently projected would result in future acceleration of DAC amortization.
EQUITABLE FINANCIAL LIFE INSURANCE COMPANY
Notes to Consolidated Financial Statements, Continued
Other significant assumptions underlying gross profit estimates for UL and investment type products related to contract persistency and General Account investment spread.
For participating traditional life policies (substantially all of which are in the Closed Block), DAC was amortized over the expected total life of the contract group as a constant percentage based on the present value of the estimated gross margin amounts expected to be realized over the life of the contracts using the expected investment yield. As of December 31, 2020, the average rate of assumed investment yields, excluding policy loans, for the Company was 4.4% grading to 4.3% in 2025. Estimated gross margins included anticipated premiums and investment results less claims and administrative expenses, changes in the net level premium reserve and expected annual policyholder dividends. The effect on the accumulated amortization of DAC of revisions to estimated gross margins was reflected in earnings in the period such estimated gross margins were revised. The effect on the DAC assets that would result from realization of unrealized gains (losses) was recognized with an offset to AOCI in consolidated equity as of the balance sheet date. Many of the factors that affect gross margins were included in the determination of the Company’s dividends to these policyholders. DAC adjustments related to participating traditional life policies did not create significant volatility in results of operations as the Closed Block recognized a cumulative policyholder dividend obligation expense in policyholders’ benefits for the excess of actual cumulative earnings over expected cumulative earnings as determined at the time of demutualization.
DAC associated with non-participating traditional life policies was amortized in proportion to anticipated premiums. Assumptions as to anticipated premiums were estimated at the date of policy issue and were consistently applied during the life of the contracts. Deviations from estimated experience were reflected in income (loss) in the period such deviations occur. For these contracts, the amortization periods generally were for the total life of the policy. DAC related to these policies was subject to recoverability testing as part of the Company’s premium deficiency testing. If a premium deficiency existed, DAC was reduced by the amount of the deficiency or to zero through a charge to current period earnings (loss). If the deficiency exceeded the DAC balance, the reserve for future policy benefits was increased by the excess, reflected in earnings (loss) in the period such deficiency occurs.
Amount due to and from Reinsurers
For each of its reinsurance agreements, the Company determines whether the agreement provides indemnification against loss or liability relating to insurance risk in accordance with applicable accounting standards. Cessions under reinsurance agreements do not discharge the Company’s obligations as the primary insurer. The Company reviews all contractual features, including those that may limit the amount of insurance risk to which the reinsurer is subject or features that delay the timely reimbursement of claims.
For reinsurance of existing in-force blocks of long-duration contracts that transfer significant insurance risk, the difference, if any, between the amounts paid (received), and the liabilities ceded (assumed) related to the underlying contracts is considered the net cost of reinsurance at the inception of the reinsurance agreement. Subsequent amounts paid (received) on the reinsurance of in-force blocks, as well as amounts paid (received) related to new business, are recorded as premiums ceded (assumed); and amounts due from reinsurers (amounts due to reinsurers) are established.
Assets and liabilities relating to reinsurance agreements with the same reinsurer may be recorded net on the balance sheet, if a right of offset exists within the reinsurance agreement. In the event that reinsurers do not meet their obligations to the Company under the terms of the reinsurance agreements, reinsurance recoverable balances could become uncollectible. In such instances, reinsurance recoverable balances are stated net of allowances for uncollectible reinsurance.
Premiums, policy charges and fee income, and policyholders’ benefits include amounts assumed under reinsurance agreements and are net of reinsurance ceded. Amounts received from reinsurers for policy administration are reported in other revenues.
For reinsurance contracts, reinsurance recoverable balances are generally calculated using methodologies and assumptions that are consistent with those used to calculate the direct liabilities.
Ceded reinsurance transactions are recognized and measured in a manner consistent with underlying reinsured contracts, including using consistent assumptions. Assumed and ceded reinsurance contract rights and obligations are accounted for on a basis consistent with our direct contract. The reinsurance cost or benefit for traditional life non-participating and limited-payment contracts is recognized in proportion to the gross premiums of the underlying direct cohorts. The locked-in single A discount rate used to calculate the reinsurance cost or benefit is established at
EQUITABLE FINANCIAL LIFE INSURANCE COMPANY
Notes to Consolidated Financial Statements, Continued
inception of the reinsurance contract. Changes to the single A discount rate are reflected in comprehensive income at each reporting date.
If the Company determines that a reinsurance agreement does not expose the reinsurer to a reasonable possibility of a significant loss from insurance risk, the Company records the agreement using the deposit method of accounting. Deposits received are included in other liabilities and deposits made are included within other assets. As amounts are paid or received, consistent with the underlying contracts, the deposit assets or liabilities are adjusted. Interest on such deposits is recorded as other income or other operating costs and expenses, as appropriate.
Amount due to and from Reinsurers - Prior to the adoption of ASU 2018-12 effective January 1, 2021
With respect to GMIBs, a portion of the directly written GMIBs were accounted for as insurance liabilities, but the associated reinsurance agreements contained embedded derivatives as they were net settled. These embedded derivatives were included in GMIB reinsurance contract asset, at fair value with changes in estimated fair value reported in net derivative gains (losses). Separate Account liabilities that had been ceded on a Modified coinsurance (Modco) basis, receivable and payable were recognized on a net basis as right of offset exists.
For reinsurance contracts other than those accounted for as derivatives, reinsurance recoverable balances were calculated using methodologies and assumptions that were consistent with those used to calculate the direct liabilities.
Sales Inducement Assets
Sales inducement assets are offered on certain deferred annuity products in the form of either immediate bonus interest credited or enhanced interest crediting rates for a period of time. The interest crediting expense associated with these sales inducement assets is deferred and amortized over the lives of the underlying contracts in a manner consistent with the amortization of DAC. Unamortized balances are included in other assets in the consolidated balance sheets and amortization is included in interest credited to policyholders’ account balances in the consolidated statements of income (loss).
Policyholders’ Account Balances
Policyholders’ account balances relate to contracts or contract features where the Company has no significant insurance risk. This liability represents the contract value that has accrued to the benefit of the policyholder as of the balance sheet date.
Obligations arising from funding agreements are also reported in policyholders’ account balances in the consolidated balance sheets. As a member of the FHLB, the Company has access to collateralized borrowings. The Company may also issue funding agreements to the FHLB. Both the collateralized borrowings and funding agreements would require the Company to pledge qualified mortgage-backed assets and/or government securities as collateral.
Future Policy Benefits and Other Policyholders’ Liabilities
The liability for future policy benefits is estimated based upon the present value of future policy benefits and related claim expenses less the present value of estimated future net premiums where net premium equals gross premium under the contract multiplied by the net premium ratio. Related claim expenses include termination and settlement costs and exclude acquisition costs and non-claim related costs. The liability is estimated using current assumptions that include discount rate, mortality, and lapses. Assumptions are based on judgments that consider the Company’s historical experience, industry data, and other factors.
For participating traditional life insurance policies, future policy benefit liabilities are calculated using a net level premium method based on guaranteed mortality and dividend fund interest rates. The liability for annual dividends represents the accrual of annual dividends earned. Terminal dividends are accrued in proportion to face amount over the life of the contract.
For non-participating traditional life insurance policies (Term) and limited pay contracts (Payout, Pension), contracts are grouped into cohorts by contract type and issue year. The Company quarterly updates its estimate of cash flows using actual experience and current future cash flow assumptions, which is reflected in an updated net premium ratio used to calculate the liability. The ratio of actual and future expected claims to actual and future expected premiums determines the net premium ratio. The policy administration expense assumption is not updated after policy issuance. If actual expenses differ from the original expense assumptions, the differences are recognized in the period identified. The revised net premium ratio is used to determine the updated liability for future policy benefits as of the beginning
EQUITABLE FINANCIAL LIFE INSURANCE COMPANY
Notes to Consolidated Financial Statements, Continued
of the reporting period, discounted at the original contract issuance rate. Changes in the liability due to current discount rates differing from original rates are included in other comprehensive income within the consolidated statement of comprehensive income.
For non-participating traditional life insurance policies and limited pay contracts, the discount rate assumption used is corporate A rated forward curve. We use a forward curve based upon a Bloomberg index. The liability is remeasured each quarter with the remeasurement change reported in other comprehensive income. The locked-in discount rate is generally based on expected investment returns at contract inception for contracts issued prior to January 1, 2021 and the upper medium grade fixed income corporate instrument yield (i.e., single A) at contract inception for contracts issued after January 1, 2021. The Company developed an LDTI discount rate methodology used to calculate the LFPB for its traditional insurance liabilities and constructed a discount rate curve that references upper-medium grade (low credit risk) fixed-income instrument yields (i.e. Single-A rated Corporate bond yields) which are meant to reflect the duration characteristics of the corresponding insurance liabilities. The methodology uses observable market data, where available, and uses various estimation techniques in line with fair value guidance (such as interpolation and extrapolation) where data is limited. Discount rates are updated quarterly.
For limited-payment products, gross premiums received in excess of net premiums are deferred at initial recognition as a deferred profit liability (“DPL”). DPL will be amortized in relation to the expected future benefit payments. As the calculation of the DPL is based on discounted cash flows, interest accrues on the unamortized DPL balance using the discount rate determined at contract issuance. The DPL is updated at the same time as the estimates for cash flows for the liability for future policy benefits. Any difference between the recalculated and beginning of period DPL is recognized in remeasurement gain or loss in the consolidated statements of income (loss), Remeasurement of Liability for Future Policy Benefits, part of total benefits and other deductions. On the consolidated balance sheet the DPL is recorded in the liability for future policy benefits.
Additional liabilities for contract or contract feature that provide for additional benefits in addition to the account balance but are not market risk benefits or embedded derivatives (“additional insurance liabilities”) are established by estimating the expected value of death or other insurance benefits in excess of the projected contract accumulation value and recognizing the excess over the estimated life based on expected assessments (i.e., benefit ratio). The liability equals the current benefit ratio multiplied by cumulative assessments recognized to date, plus interest, less cumulative excess payments to date. These reserves are recorded within future policy benefits and other policyholders’ liabilities. The determination of this estimated future policy benefits liability is based on models that involve numerous assumptions and subjective judgments, including those regarding expected market rates of return and volatility, contract surrender and withdrawal rates, and mortality experience. There can be no assurance that actual experience will be consistent with management’s estimates. Assumptions are reviewed annually and updated with the remeasurement gain or loss reflected in total benefit expense.
The Company recognizes an adjustment in other comprehensive income for the additional insurance liabilities for unrealized gains and losses not included when calculating the present value of expected assessments for the benefit ratios.
The Company conducts annual premium deficiency testing except for liability for future policy benefits for non- participating traditional and limited payment contracts. The Company reviews assumptions and determines whether the sum of existing liabilities and the present value of future gross premiums is sufficient to cover the present value of future benefits to be paid and settlement costs. Anticipated investment income is considered when performing premium deficiency for long duration contracts. The anticipated investment income is projected based on current investment portfolio returns grading to long term reinvestment rates over the projection periods, based on anticipated gross reinvestment spreads, defaults and investment expenses. Premium deficiency reserves are recorded in certain instances where the policyholder liability for a particular line of business may not be deficient in the aggregate to trigger loss recognition, but the pattern of earnings may be such that profits are expected to be recognized in earlier years followed by losses in later years. This pattern of profits followed by losses is exhibited in our VISL business and is generated by the cost structure of the product or secondary guarantees in the contract. The secondary guarantee ensures that, subject to specified conditions, the policy will not terminate and will continue to provide a death benefit even if there is insufficient policy value to cover the monthly deductions and charges. We accrue for these PFBL using a dynamic approach that changes over time as the projection of future losses change.
Policyholders’ Account Balances and Future Policy Benefits and Other Policyholders’ Liabilities - Prior to the adoption of ASU 2018-12 effective January 1, 2021
EQUITABLE FINANCIAL LIFE INSURANCE COMPANY
Notes to Consolidated Financial Statements, Continued
For participating traditional life insurance policies, future policy benefit liabilities were calculated using a net level premium method on the basis of actuarial insurance assumptions equal to guaranteed mortality and dividend fund interest rates. The liability for annual dividends represented the accrual of annual dividends earned. Terminal dividends were accrued in proportion to gross margins over the life of the contract.
For non-participating traditional life insurance policies, future policy benefit liabilities were estimated using a net level premium method on the basis of actuarial assumptions as to mortality, persistency and interest established at policy issue. Assumptions established at policy issue as to mortality and persistency were based on the Company’s experience that, together with interest and expense assumptions, included a margin for adverse deviation. Benefit liabilities for traditional annuities during the accumulation period were equal to accumulated policyholders’ fund balances and, after annuitization, were equal to the present value of expected future payments. Interest rates used in establishing such liabilities ranged from 3.5% to 7.3% (weighted average of 5.0%) for approximately 99.5% of life insurance liabilities and from 1.5% to 5.4% (weighted average of 3.6%) for annuity liabilities.
Individual health benefit liabilities for active lives are estimated using the net level premium method and assumptions as to future morbidity, withdrawals and interest. Benefit liabilities for disabled lives are estimated using the present value of benefits method and experience assumptions as to claim terminations, expenses and interest. While management believes its DI reserves have been calculated on a reasonable basis and are adequate, there can be no assurance reserves will be sufficient to provide for future liabilities.
The Company has issued and continues to offer certain variable annuity products with GMDB and/or contain a GMLB (collectively, the “GMxB features”) which, if elected by the policyholder after a stipulated waiting period from contract issuance, guarantees a minimum lifetime annuity based on predetermined annuity purchase rates that may be in excess of what the contract account value can purchase at then-current annuity purchase rates. This minimum lifetime annuity is based on predetermined annuity purchase rates applied to a GMIB base. The Company previously issued certain variable annuity products with GIB, GWBL, GMWB, and GMAB features. The Company has also assumed reinsurance for products with GMxB features.
Reserves for products that have GMIB features, but do not have no-lapse guarantee features, and products with GMDB features were determined by estimating the expected value of death or income benefits in excess of the projected contract accumulation value and recognizing the excess over the estimated life based on expected assessments (i.e., benefit ratio). The liability equaled the current benefit ratio multiplied by cumulative assessments recognized to date, plus interest, less cumulative excess payments to date. These reserves were recorded within future policy benefits and other policyholders’ liabilities. The determination of this estimated future policy benefits liability was based on models that involved numerous assumptions and subjective judgments, including those regarding expected market rates of return and volatility, contract surrender and withdrawal rates, mortality experience, and, for contracts with the GMIB feature, GMIB election rates. Assumptions regarding separate account performance used for purposes of this calculation were set using a long-term view of expected average market returns by applying a RTM approach, consistent with that used for DAC amortization. There can be no assurance that actual experience will be consistent with management’s estimates.
Products that have a GMIB feature with a no-lapse guarantee rider (“GMIBNLG”), GIB, GWBL, GMWB and GMAB features and the assumed products with GMIB features (collectively “GMxB derivative features”) were considered either freestanding or embedded derivatives and discussed below under (“Embedded and Freestanding Insurance Derivatives”).
After the initial establishment of reserves, premium deficiency and loss recognition tests were performed each period end using best estimate assumptions as of the testing date without provisions for adverse deviation. When the liabilities for future policy benefits plus the present value of expected future gross premiums for the aggregate product group were insufficient to provide for expected future policy benefits and expenses for that line of business (i.e., reserves net of any DAC asset), DAC would first be written off and thereafter, if required, a premium deficiency reserve would be established by a charge to earnings.
Market Risk Benefits
Market risk benefits (“MRBs”) are contracts or contract features that provide protection to the contract holder from other than nominal capital market risk and expose the Company to other than nominal capital market risk. Market risk benefits include contract features that provide minimum guarantees to policyholders and include GMIB, GMDB, GMWB, GMAB, and ROP DB benefits. MRBs are identified and measured at fair value on a seriatim basis using an ascribed fee approach based upon policyholder behavior projections and risk neutral economic scenarios adjusted
EQUITABLE FINANCIAL LIFE INSURANCE COMPANY
Notes to Consolidated Financial Statements, Continued
based on the facts and circumstances of the Company’s product features. The MRB Asset and MRB Liability will be equal to the average present value of benefits and risk margins less the average present value of ascribed fees. Ascribed fees will consist of the fee needed at policy inception date, under a stochastically generated set of risk-neutral scenarios, so that the mean present value of claims, including any risk charge, is equal to the mean present value of the projected attributed fees which will be capped at average present value of total policyholder contractual fees. The attributed fee percentage is considered a fixed term of the MRB feature and is held static over the life of the contract. Discount rates are updated quarterly. Changes in fair value are recognized as a remeasurement gain/loss in the Change in market risk benefits and purchased market risk benefits, part of total benefits and other deductions except for the portion of the change in the fair value due to change in the Company’s own credit risk, which is recognized in other than comprehensive income. Additionally, when an annuitization occurs (for annuitization benefits) or upon extinguishment of the account balance (for withdrawal benefits) the balance related to the MRB will be derecognized and the amount deducted (after derecognition of any related amount included in accumulated other comprehensive income) shall be used in the calculation of the liability for future policy benefits for the payout annuity. Upon derecognition, any related balance will be removed from AOCI.
The Company has issued and continues to offer certain variable annuity products with GMDB and/or contain a GMLB (collectively, the “GMxB features”) which, if elected by the policyholder after a stipulated waiting period from contract issuance, guarantees a minimum lifetime annuity based on predetermined annuity purchase rates that may be in excess of what the contract account value can purchase at then-current annuity purchase rates. This minimum lifetime annuity is based on predetermined annuity purchase rates applied to a GMIB base. The Company previously issued certain variable annuity products with GIB, GWBL, GMWB and GMAB features. The Company has also assumed reinsurance for products with GMxB features.
Features in ceded reinsurance contracts that meet the definition of MRBs are accounted for at fair value. The fees used to determine the fair value of the reinsured market risk benefit are those defined in the reinsurance contract. The expected periodic future premiums would represent cash outflows and the expected future benefits would represent cash inflows in the fair value calculation. On the ceded side, the Purchased MRB will be measured considering the counterparty credit risk of the reinsurer, while the direct contract liabilities will be measured considering the instrument-specific credit risk of the insurer. As a result of the difference in the treatment of the counterparty credit risk, the fair value of the direct and ceded contracts may be different even if the contractual fees and benefits are the same. Changes in instrument-specific credit risk of the Company is included in the fair value of its market risk benefit, whether in an asset or liability position, and whether related to an issued or purchased MRB, is recognized in OCI. The counterparty credit risk of the reinsurer is recorded in the consolidated statements of income (loss).
Policyholders’ Dividends
The amount of policyholders’ dividends to be paid (including dividends on policies included in the Closed Block) is determined annually by the board of directors of the issuing insurance company. The aggregate amount of policyholders’ dividends is related to actual interest, mortality, morbidity and expense experience for the year and judgment as to the appropriate level of statutory surplus to be retained by the Company.
Embedded and Freestanding Insurance Derivatives - Prior to the adoption of ASU 2018-12 effective January 1, 2021
Reserves for products or features within products that are considered either embedded or freestanding derivatives are measured at estimated fair value separately from the host variable annuity product, with changes in estimated fair value reported in net derivative gains (losses). The estimated fair values of these derivatives are determined based on the present value of projected future benefits minus the present value of projected future fees attributable to the guarantee. The projections of future benefits and future fees require capital markets and actuarial assumptions, including expectations concerning policyholder behavior. A risk-neutral valuation methodology is used under which the cash flows from the guarantees are projected under multiple capital market scenarios using observable risk-free rates.
Additionally, the Company cedes and assumes reinsurance of products with GMxB features, which are considered either an embedded or freestanding derivative and measured at fair value. The GMxB reinsurance contract asset and liabilities’ fair values reflect the present value of reinsurance premiums, net of recoveries, and risk margins over a range of market-consistent economic scenarios.
Changes in the fair value of embedded and freestanding derivatives are reported in net derivative gains (losses). Embedded derivatives in direct and assumed reinsurance contracts are reported in future policyholders’ benefits and
EQUITABLE FINANCIAL LIFE INSURANCE COMPANY
Notes to Consolidated Financial Statements, Continued
other policyholders’ liabilities. Amounts due from reinsurers contains the reinsurance of underlying GMIB contracts that are embedded derivatives, so the reinsurance has the same risk attributes as the underlying contracts and is an embedded derivatives carried at fair value. There are also embedded derivatives reported in the GMIB reinsurance contract asset related to ceded reinsurance contracts that are net settled, recorded at fair value in the consolidated balance sheets.
Embedded derivatives fair values are determined based on the present value of projected future benefits minus the present value of projected future fees. At policy inception, a portion of the projected future guarantee fees to be collected from the policyholder equal to the present value of projected future guaranteed benefits is attributed to the embedded derivative. The percentage of fees included in the fair value measurement is locked-in at inception. Fees above those amounts represent “excess” fees and are reported in policy charges and fee income.
Separate Accounts
Generally, Separate Accounts established under New York State Insurance Law are not chargeable with liabilities that arise from any other business of the Company. Separate Accounts assets are subject to General Account claims only to the extent Separate Accounts assets exceed separate accounts liabilities. Assets and liabilities of the Separate Account represent the net deposits and accumulated net investment earnings (loss) less fees, held primarily for the benefit of policyholders, and for which the Company does not bear the investment risk. Separate Accounts assets and liabilities are shown on separate lines in the consolidated balance sheets. Assets held in Separate Accounts are reported at quoted market values or, where quoted values are not readily available or accessible for these securities, their fair value measures most often are determined through the use of model pricing that effectively discounts prospective cash flows to present value using appropriate sector-adjusted credit spreads commensurate with the security’s duration, also taking into consideration issuer-specific credit quality and liquidity. Investment performance (including investment income, net investment gains (losses) and changes in unrealized gains (losses)) and the corresponding amounts credited to policyholders of such Separate Accounts are offset within the same line in the consolidated statements of income (loss).
Deposits to Separate Accounts are reported as increases in Separate Accounts assets and liabilities and are not reported in the consolidated statements of income (loss). Mortality, policy administration and surrender charges on all policies including those funded by Separate Accounts are included in revenues.
The Company reports the General Account’s interests in Separate Accounts as trading securities, at fair value in the consolidated balance sheets.
Leases
The Company does not record leases with an initial term of 12 months or less in its consolidated balance sheets, but instead recognizes lease expense for these leases on a straight-line basis over the lease term. For leases with a term greater than one year, the Company records in its consolidated balance sheets at the time of lease commencement or modification a RoU operating lease asset and a lease liability, initially measured at the present value of the lease payments. Lease costs are recognized in the consolidated statements of income (loss) over the lease term on a straight-line basis. RoU operating lease assets represent the Company’s right to use an underlying asset for the lease term and RoU operating lease liabilities represent the Company’s obligation to make lease payments arising from the lease.
Broker-Dealer Revenues, Receivables and Payables
Certain of the Company’s subsidiaries provide investment management, brokerage and distribution services for affiliates and third parties. Third-party revenues earned from these services are reported in other income in the Company’s consolidated statement of income (loss).
Receivables from and payables to clients include amounts due on cash and margin transactions. Securities owned by customers are held as collateral for receivables; such collateral is not reflected in the consolidated financial statements.
Capitalized Computer Software and Hosting Arrangements
Capitalized computer software and hosting arrangements include certain internal and external costs used to implement internal-use software and cloud computing hosting arrangements. These capitalized computer costs are included in other assets in the consolidated balance sheets and amortized on a straight-line basis over the estimated useful life of the software or term of the hosting arrangement that ranges between three and five years. Capitalized amounts are periodically tested for impairment in accordance with the guidance on impairment of long-lived assets. An immediate
EQUITABLE FINANCIAL LIFE INSURANCE COMPANY
Notes to Consolidated Financial Statements, Continued
charge to earnings is recognized if capitalized computer costs no longer are deemed to be recoverable. In addition, service potential is periodically reassessed to determine whether facts and circumstances have compressed the software’s useful life or a significant change in the term of the hosting arrangement such that acceleration of amortization over a shorter period than initially determined would be required.
Capitalized computer software and hosting arrangements, net of accumulated amortization, amounted to $162 million and $133 million as of December 31, 2022 and 2021, respectively. Amortization of capitalized computer software and hosting arrangements in 2022, 2021 and 2020 was $0 million, $46 million and $47 million, respectively, recorded in other operating costs and expenses in the consolidated statements of income (loss).
Income Taxes
The Company files as part of a consolidated Federal income tax return. The Company provides for federal and state income taxes currently payable, as well as those deferred due to temporary differences between the financial reporting and tax bases of assets and liabilities. Current federal income taxes are charged or credited to operations based upon amounts estimated to be payable or recoverable as a result of taxable operations for the current year. Deferred income tax assets and liabilities are recognized based on the difference between financial statement carrying amounts and income tax bases of assets and liabilities using enacted income tax rates and laws. Valuation allowances are established when management determines, based on available information, that it is more likely than not that deferred tax assets will not be realized.
Under accounting for uncertainty in income taxes guidance, the Company determines whether it is more likely than not that a tax position will be sustained upon examination by the appropriate taxing authorities before any part of the benefit can be recorded in the consolidated financial statements. Tax positions are then measured at the largest amount of benefit that is greater than 50% likely of being realized upon settlement.
Recognition of Investment Management and Service Fees and Related Expenses
Investment management, advisory and service fees
Reported as investment management and service fees in the Company’s consolidated statements of income (loss) are investment management fees earned by EIMG as well as certain asset-based fees associated with insurance contracts.
EIMG provides investment management services, to EQ Premier VIP Trust, EQAT and 1290 Funds as well as two private investment trusts established in the Cayman Islands, AXA Allocation Funds Trust and AXA Offshore Multimanager Funds Trust (collectively, the “Other AXA Trusts”). The contracts supporting these revenue streams create a distinct, separately identifiable performance obligation for each day the assets are managed for the performance of a series of services that are substantially the same and have the same pattern of transfer to the customer. Accordingly, these investment management, advisory, and administrative service base fees are recorded over time as services are performed and entitle the Company to variable consideration. Base fees, generally calculated as a percentage of AUM, are recognized as revenue at month-end when the transaction price no longer is variable and the value of the consideration is determined. These fees are not subject to claw back and there is minimal probability that a significant reversal of the revenue recorded will occur.
Sub-advisory and sub-administrative expenses associated with these services are calculated and recorded as the related services are performed in other operating costs and expense in the consolidated statements of income (loss) as the Company is acting in a principal capacity in these transactions and, as such, reflects these revenues and expenses on a gross basis.
Distribution services
Revenues from distribution services include fees received as partial reimbursement of expenses incurred in connection with the sale of certain mutual funds and the 1290 Funds and for the distribution primarily of EQAT and EQ Premier VIP Trust shares to separate accounts in connection with the sale of variable life and annuity contracts. The amount and timing of revenues recognized from performance of these distribution services often is dependent upon the contractual arrangements with the customer and the specific product sold as further described below.
Most open-end management investment companies, such as U.S. funds and the EQAT and EQ Premier VIP Trusts and the 1290 Funds, have adopted a plan under Rule 12b-1 of the Investment Company Act that allows for certain share classes to pay out of assets, distribution and service fees for the distribution and sale of its shares (“12b-1 Fees”). These open-end management investment companies have such agreements with the Company, and the Company has
EQUITABLE FINANCIAL LIFE INSURANCE COMPANY
Notes to Consolidated Financial Statements, Continued
selling and distribution agreements pursuant to which it pays sales commissions to the financial intermediaries that distribute the shares. These agreements may be terminated by either party upon notice (generally 30 days) and do not obligate the financial intermediary to sell any specific amount of shares.
The Company records 12b-1 fees monthly based upon a percentage of the NAV of the funds. At month-end, the variable consideration of the transaction price is no longer constrained as the NAV can be calculated and the value of consideration is determined. These services are separate and distinct from other asset management services as the customer can benefit from these services independently of other services. The Company accrues the corresponding 12b-1 fees paid to sub-distributors monthly as the expenses are incurred. The Company is acting in a principal capacity in these transactions; as such, these revenues and expenses are recorded on a gross basis in the consolidated statements of income (loss).
Other revenues
Also reported as investment management and service fees in the Company’s consolidated statements of income (loss) are other revenues from contracts with customers, primarily consisting of mutual fund reimbursements and other brokerage income.
Other income
Revenues from contracts with customers reported as other income in the Company’s consolidated statements of income (loss) primarily consist of advisory account fees and brokerage commissions from the Company’s broker-dealer operations and sales commissions from the Company’s general agents for the distribution of non-affiliate insurers’ life insurance and annuity products. These revenues are recognized at month-end when constraining factors, such as AUM and product mix, are resolved and the transaction pricing no longer is variable such that the value of consideration can be determined. The change in deposit asset/liability accounts arising from reinsurance agreements which do not expose the reinsurer to a reasonable possibility of significant loss from insurance risk is included in other income.
Accounting and Consolidation of VIEs
For all new investment products and entities developed by the Company, the Company first determines whether the entity is a VIE, which involves determining an entity’s variability and variable interests, identifying the holders of the equity investment at risk and assessing the five characteristics of a VIE. Once an entity has been determined to be a VIE, the Company then determines whether it is the primary beneficiary of the VIE based on its beneficial interests. If the Company is deemed to be the primary beneficiary of the VIE, then the Company consolidates the entity.
Management of the Company reviews quarterly its investment management agreements and its investments in, and other financial arrangements with, certain entities that hold client AUM to determine the entities that the Company is required to consolidate under this guidance. These entities include certain mutual fund products, hedge funds, structured products, group trusts, collective investment trusts and limited partnerships.
The analysis performed to identify variable interests held, determine whether entities are VIEs or VOEs, and evaluate whether the Company has a controlling financial interest in such entities requires the exercise of judgment and is updated on a continuous basis as circumstances change or new entities are developed. The primary beneficiary evaluation generally is performed qualitatively based on all facts and circumstances, including consideration of economic interests in the VIE held directly and indirectly through related parties and entities under common control, as well as quantitatively, as appropriate.
Consolidated VIEs
As of December 31, 2022 and 2021, the Company consolidated limited partnerships and LLCs for which it was identified as the primary beneficiary under the VIEs model. Included in Other invested assets and Mortgage loans on real estate in the Company’s consolidated balance sheets at December 31, 2022 and 2021 are total assets of $410 million and $169 million, respectively related to these VIEs.
Non-Consolidated VIEs
As of December 31, 2022 and 2021, respectively, the Company held approximately $2.3 billion and $2.1 billion of investment assets in the form of equity interests issued by non-corporate legal entities determined under the guidance to be VIEs, such as limited partnerships and limited liability companies, including CLOs, hedge funds, private equity
EQUITABLE FINANCIAL LIFE INSURANCE COMPANY
Notes to Consolidated Financial Statements, Continued
funds and real estate-related funds. As an equity investor, the Company is considered to have a variable interest in each of these VIEs as a result of its participation in the risks and/or rewards these funds were designed to create by their defined portfolio objectives and strategies. Primarily through qualitative assessment, including consideration of related party interests or other financial arrangements, if any, the Company was not identified as primary beneficiary of any of these VIEs, largely due to its inability to direct the activities that most significantly impact their economic performance. Consequently, the Company continues to reflect these equity interests in the consolidated balance sheets as other equity investments and applies the equity method of accounting for these positions. The net assets of these non-consolidated VIEs are approximately $282.3 billion and $245.7 billion as of December 31, 2022 and 2021, respectively. The Company’s maximum exposure to loss from its direct involvement with these VIEs is the carrying value of its investment of $2.3 billion and $2.1 billion and approximately $1.3 billion and $1.2 billion of unfunded commitments as of December 31, 2022 and 2021, respectively. The Company has no further economic interest in these VIEs in the form of guarantees, derivatives, credit enhancements or similar instruments and obligations.
Assumption Updates and Model Changes
The Company conducts its annual review of its assumptions and models during the third quarter of each year. The annual review encompasses assumptions underlying the valuation of unearned revenue liabilities, embedded derivatives for our insurance business, liabilities for future policyholder benefits, DAC and DSI assets.
However, the Company updates its assumptions as needed in the event it becomes aware of economic conditions or events that could require a change in assumptions that it believes may have a significant impact to the carrying value of product liabilities and assets and consequently materially impact its earnings in the period of the change.
Due to the extraordinary economic conditions driven by the COVID-19 pandemic in the first quarter of 2020, the Company updated its interest rate assumption to grade from the current interest rate environment to an ultimate five-year historical average over a 10-year period. As such, the 10-year U.S. Treasury yield grades from the current level to an ultimate 5-year average of 2.25%.
The low interest rate environment and update to the interest rate assumption caused a loss recognition event for the Company’s life interest-sensitive products, as well as to certain run-off business. This loss recognition event caused an acceleration of DAC amortization on the life interest-sensitive products and an increase in the premium deficiency reserve on the run-off business in the first quarter of 2020.
Impact of Assumption Updates
The net impact of assumption changes during 2022 increased remeasurement of liability for future policy benefits by $8 million, decreased policyholders’ benefits by $2 million, increased change in market risk benefits and purchased market risk benefits by $206 million and increased interest credited to policyholder’s account balances by $1 million. This resulted in a decrease in income (loss) from operations, before income taxes of $213 million and decreased net income (loss) by $168 million
The net impact of assumption changes during 2021 increased remeasurement of liability for future policy benefits by $37 million, decreased policyholders’ benefits by $30 million, decreased change in market risk benefits and purchased market risk benefits by $414 million, increased interest credited to policyholder’s account balances by $1 million and increased amortization of DAC by $2 million. This resulted in an increase in income (loss) from operations, before income taxes of $404 million and increased net income (loss) by $319 million.
The net impact of assumption changes during 2020 increased policy charges and fee income by $33 million, decreased policyholders’ benefits by $1.5 billion, decreased interest credited to policyholders’ account balances by $2 million, increased net derivative gains (losses) by $106 million, and decreased amortization of DAC by $866 million. This resulted in a decrease in income (loss) from operations, before income taxes of $2.2 billion and decreased net income (loss) by $1.8 billion. The 2020 impacts related to assumption updates were primarily driven by the first quarter updates.
MRB Annual Update
During the third quarter of 2022 and 2021 we completed our annual assumption update to reflect emerging experience for withdrawals, mortality and lapse election. The actuarial balance assumption process is very similar to the process used in prior years and includes actuarial judgement informed by actual experience of how policy holders are expected to use these policies in the future. In addition, as part of the 2021 assumption update, the reference interest rate utilized in our GAAP fair value calculations was updated from the LIBOR swap curve to the US Treasury curve due to the
EQUITABLE FINANCIAL LIFE INSURANCE COMPANY
Notes to Consolidated Financial Statements, Continued
impending cessation of LIBOR and our GAAP fair value liability risk margins. There were no other significant change to the process used to calculate the MRB balances.
LFPB Annual Update
During the third quarter of 2022 and 2021 we completed our annual assumption update. The significant assumptions for the LFPB balances include mortality and lapses for our Term business. The primary assumption for the payout block of business is mortality. Impacts to expected net premiums and expected future policy benefits due to assumption changes in 2021 can be observed in the liability for future policy benefit rollforward tables.
Additional Liability Annual Update
During the third quarter of 2022 and 2021, we completed our annual assumption update. The significant assumptions for the additional insurance liability balances include mortality, lapses, premium payment pattern, interest crediting assumption.
The current period change in reserve is reviewed in the rollforward as shown in the Effect of changes in interest rate and cash flow assumptions and model changes row in the rollforward based on current inforce and the expected inforce based on the policy runoff from the Company’s best estimate policy holder assumptions.
Model Changes
There were no material model changes in 2022 and 2021.
In the first quarter of 2020, the Company adopted a new economic scenario generator to calculate the fair value of the GMIB reinsurance contract asset and GMxB derivative features liability, eliminating reliance on AXA for scenario production. The new economic scenario generator allows for a tighter calibration of U.S. indices, better reflecting the Company’s actual portfolio. The net impact of the new economic scenario generator resulted in an increase in income (loss) from continuing operations, before income taxes of $165 million, and an increase to net income (loss) of $130 million during 2020.
EQUITABLE FINANCIAL LIFE INSURANCE COMPANY
Notes to Consolidated Financial Statements, Continued
3) INVESTMENTS
Fixed Maturities AFS
The components of fair value and amortized cost for fixed maturities classified as AFS on the consolidated balance sheets excludes accrued interest receivable because the Company elected to present accrued interest receivable within other assets. Accrued interest receivable on AFS fixed maturities as of December 31, 2022 and 2021 was $550 million and $470 million, respectively. There was no accrued interest written off for AFS fixed maturities for the years ended December 31, 2022, 2021 and 2020.
The following tables provide information relating to the Company’s fixed maturities classified as AFS.
AFS Fixed Maturities by Classification
| | | | | | | | | | | | | | | | | | | | | | | | | | | | | |
| Amortized Cost | | Allowance for Credit Losses | | Gross Unrealized Gains | | Gross Unrealized Losses | | Fair Value |
| (in millions) |
December 31, 2022 | | | | | | | | | |
Fixed Maturities: | | | | | | | | | |
Corporate (1) | $ | 46,053 | | | $ | 24 | | | $ | 89 | | | $ | 6,655 | | | $ | 39,463 | |
U.S. Treasury, government and agency | 7,049 | | | — | | | 1 | | | 1,312 | | | 5,738 | |
States and political subdivisions | 540 | | | — | | | 7 | | | 76 | | | 471 | |
Foreign governments | 985 | | | — | | | 2 | | | 151 | | | 836 | |
Residential mortgage-backed (2) | 860 | | | — | | | 1 | | | 84 | | | 777 | |
Asset-backed (3) | 8,817 | | | — | | | 3 | | | 371 | | | 8,449 | |
Commercial mortgage-backed | 3,742 | | | — | | | — | | | 572 | | | 3,170 | |
Redeemable preferred stock | 41 | | | — | | | 2 | | | — | | | 43 | |
Total at December 31, 2022 | $ | 68,087 | | | $ | 24 | | | $ | 105 | | | $ | 9,221 | | | $ | 58,947 | |
| | | | | | | | | |
December 31, 2021: | | | | | | | | | |
Fixed Maturities: | | | | | | | | | |
Corporate (1) | $ | 45,578 | | | $ | 22 | | | $ | 2,382 | | | $ | 214 | | | $ | 47,724 | |
U.S. Treasury, government and agency | 13,032 | | | — | | | 2,196 | | | 14 | | | 15,214 | |
States and political subdivisions | 527 | | | — | | | 73 | | | 3 | | | 597 | |
Foreign governments | 1,124 | | | — | | | 42 | | | 14 | | | 1,152 | |
Residential mortgage-backed (2) | 82 | | | — | | | 8 | | | — | | | 90 | |
Asset-backed (3) | 5,904 | | | — | | | 20 | | | 19 | | | 5,905 | |
Commercial mortgage-backed | 2,348 | | | — | | | 19 | | | 26 | | | 2,341 | |
Redeemable preferred stock | 41 | | | — | | | 12 | | | — | | | 53 | |
Total at December 31, 2021 | $ | 68,636 | | | $ | 22 | | | $ | 4,752 | | | $ | 290 | | | $ | 73,076 | |
______________
(1)Corporate fixed maturities include both public and private issues.
(2)Includes publicly traded agency pass-through securities and collateralized obligations.
(3)Includes credit-tranched securities collateralized by sub-prime mortgages, credit risk transfer securities and other asset types.
The contractual maturities of AFS fixed maturities as of December 31, 2022 are shown in the table below. Bonds not due at a single maturity date have been included in the table in the final year of maturity. Actual maturities may differ from contractual maturities because borrowers may have the right to call or prepay obligations with or without call or prepayment penalties.
EQUITABLE FINANCIAL LIFE INSURANCE COMPANY
Notes to Consolidated Financial Statements, Continued
Contractual Maturities of AFS Fixed Maturities
| | | | | | | | | | | |
| Amortized Cost (Less Allowance for Credit Losses) | | Fair Value |
| (in millions) |
December 31, 2022: | | | |
Contractual maturities: | | | |
Due in one year or less | $ | 1,516 | | | $ | 1,497 | |
Due in years two through five | 13,452 | | | 12,727 | |
Due in years six through ten | 14,632 | | | 12,979 | |
Due after ten years | 25,003 | | | 19,305 | |
Subtotal | 54,603 | | | 46,508 | |
Residential mortgage-backed | 860 | | | 777 | |
Asset-backed | 8,817 | | | 8,449 | |
Commercial mortgage-backed | 3,742 | | | 3,170 | |
Redeemable preferred stock | 41 | | | 43 | |
Total at December 31, 2022 | $ | 68,063 | | | $ | 58,947 | |
The following table shows proceeds from sales, gross gains (losses) from sales and allowance for credit losses for AFS fixed maturities for the years ended December 31, 2022, 2021 and 2020:
Proceeds from Sales, Gross Gains (Losses) from Sales and Allowance for Credit and Intent to Sell Losses for AFS Fixed Maturities
| | | | | | | | | | | | | | | | | | | | | |
| | | Year Ended December 31, |
| | | | | 2022 | | 2021 | | 2020 |
| | | | | (in millions) |
Proceeds from sales | | | | | $ | 11,683 | | | $ | 26,678 | | | $ | 12,670 | |
Gross gains on sales | | | | | $ | 38 | | | $ | 1,141 | | | $ | 854 | |
Gross losses on sales | | | | | $ | (668) | | | $ | (189) | | | $ | (34) | |
| | | | | | | | | |
Net (increase) decrease in Allowance for Credit and Intent to Sell losses (1) | | | | | $ | (253) | | | $ | (16) | | | $ | (13) | |
______________
(1)Amounts reflect an impairment on AFS Securities of $245 million related to the Global Atlantic Transaction. See Note 13 of the Notes to these Consolidated Financial Statements for additional details on the Global Atlantic Transaction.
The following table sets forth the amount of credit loss impairments on AFS fixed maturities held by the Company at the dates indicated and the corresponding changes in such amounts.
EQUITABLE FINANCIAL LIFE INSURANCE COMPANY
Notes to Consolidated Financial Statements, Continued
AFS Fixed Maturities - Credit and Intent to Sell Loss Impairments
| | | | | | | | | | | | | | | | | | | | | |
| | | Year Ended December 31, |
| | | | | 2022 | | 2021 | | 2020 |
| | | | | (in millions) |
Balance, beginning of period | | | | | $ | 42 | | | $ | 28 | | | $ | 15 | |
Previously recognized impairments on securities that matured, paid, prepaid or sold | | | | | (261) | | | (2) | | | — | |
Recognized impairments on securities impaired to fair value this period (1) (2) | | | | | 246 | | | — | | | — | |
Credit losses recognized this period on securities for which credit losses were not previously recognized | | | | | — | | | 9 | | | 6 | |
Additional credit losses this period on securities previously impaired | | | | | 9 | | | 7 | | | 7 | |
Increases due to passage of time on previously recorded credit losses | | | | | — | | | — | | | — | |
Accretion of previously recognized impairments due to increases in expected cash flows (for OTTI securities 2019 and prior) | | | | | — | | | — | | | — | |
Balance at December 31, | | | | | $ | 36 | | | $ | 42 | | | $ | 28 | |
______________
(1)Represents circumstances where the Company determined in the current period that it intends to sell the security, or it is more likely than not that it will be required to sell the security before recovery of the security’s amortized cost.
(2)Amounts reflect an impairment on AFS Securities of $245 million related to the Global Atlantic Transaction. See Note 13 of the Notes to these Consolidated Financial Statements for additional details on the Global Atlantic Transaction.
The tables that follow below present a roll-forward of net unrealized investment gains (losses) recognized in AOCI.
EQUITABLE FINANCIAL LIFE INSURANCE COMPANY
Notes to Consolidated Financial Statements, Continued
Net Unrealized Gains (Losses) on AFS Fixed Maturities
EQUITABLE FINANCIAL LIFE INSURANCE COMPANY
Notes to Consolidated Financial Statements, Continued
| | | | | | | | | | | | | | | | | | | | | | | | | | | | | |
| Net Unrealized Gains (Losses) on Investments | | DAC | | Policyholders’ Liabilities | | Deferred Income Tax Asset (Liability) | | AOCI Gain (Loss) Related to Net Unrealized Investment Gains (Losses) |
| (in millions) |
Balance, January 1, 2022 | $ | 4,462 | | | $ | — | | | $ | (703) | | | $ | (790) | | | $ | 2,969 | |
Net investment gains (losses) arising during the period | (14,456) | | | — | | | — | | | — | | | (14,456) | |
Reclassification adjustment: | | | | | | | | | — | |
Included in net income (loss) | 885 | | | — | | | — | | | — | | | 885 | |
| | | | | | | | | |
Other (1) | — | | | — | | | — | | | (1,489) | | | (1,489) | |
Impact of net unrealized investment gains (losses) | — | | | — | | | 724 | | | 2,698 | | | 3,422 | |
Net unrealized investment gains (losses) excluding credit losses | (9,109) | | | — | | | 21 | | | 419 | | | (8,669) | |
Net unrealized investment gains (losses) with credit losses | (7) | | | — | | | — | | | 1 | | | (6) | |
Balance, December 31, 2022 | $ | (9,116) | | | $ | — | | | $ | 21 | | | $ | 420 | | | $ | (8,675) | |
| | | | | | | | | |
Balance, January 1, 2021 | $ | 8,230 | | | $ | (466) | | | $ | (1,814) | | | $ | (1,250) | | | $ | 4,700 | |
Transition adjustment (3) | — | | | 466 | | | 426 | | | — | | | 892 | |
Net investment gains (losses) arising during the period | (2,902) | | | — | | | — | | | — | | | (2,902) | |
Reclassification adjustment: | | | | | | | | | — | |
Included in net income (loss) | (835) | | | — | | | — | | | — | | | (835) | |
| | | | | | | | | |
Other (2) | (31) | | | — | | | — | | | — | | | (31) | |
Impact of net unrealized investment gains (losses) | — | | | — | | | 686 | | | 460 | | | 1,146 | |
Net unrealized investment gains (losses) excluding credit losses | 4,462 | | | — | | | (702) | | | (790) | | | 2,970 | |
Net unrealized investment gains (losses) with credit losses | — | | | — | | | (1) | | | — | | | (1) | |
Balance, December 31, 2021 | $ | 4,462 | | | $ | — | | | $ | (703) | | | $ | (790) | | | $ | 2,969 | |
| | | | | | | | | |
Balance, January 1, 2020 | $ | 3,084 | | | $ | (826) | | | $ | (192) | | | $ | (433) | | | $ | 1,633 | |
Net investment gains (losses) arising during the period | 5,953 | | | — | | | — | | | — | | | 5,953 | |
Reclassification adjustment: | | | | | | | | | |
Included in Net income (loss) | (802) | | | — | | | — | | | — | | | (802) | |
| | | | | | | | | |
Impact of net unrealized investment gains (losses) | — | | | 360 | | | (1,623) | | | (818) | | | (2,081) | |
Net unrealized investment gains (losses) excluding credit losses | 8,235 | | | (466) | | | (1,815) | | | (1,251) | | | 4,703 | |
Net unrealized investment gains (losses) with credit losses | (5) | | | — | | | 1 | | | 1 | | | (3) | |
Balance, December 31, 2020 | $ | 8,230 | | | $ | (466) | | | $ | (1,814) | | | $ | (1,250) | | | $ | 4,700 | |
_____________
(1) Reflects a Deferred Tax Asset valuation allowance of $1.5 billion recorded during the fourth quarter of 2022. See Note 16 of the Notes to these Consolidated Financial Statements for additional details.
(2) Effective January 1, 2021, certain preferred stock have been reclassified to other equity investments.
EQUITABLE FINANCIAL LIFE INSURANCE COMPANY
Notes to Consolidated Financial Statements, Continued
(3) Reflects transition adjustment of DAC and Policyholder Liabilities under the adoption of ASU 2018-12 effective January 1, 2021.
The following tables disclose the fair values and gross unrealized losses of the 4,798 issues as of December 31, 2022 and the 1,896 issues as of December 31, 2021 that are not deemed to have credit losses, aggregated by investment category and length of time that individual securities have been in a continuous unrealized loss position for the specified periods at the dates indicated:
AFS Fixed Maturities in an Unrealized Loss Position for Which No Allowance Is Recorded
| | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | |
| Less Than 12 Months | | 12 Months or Longer | | Total |
| Fair Value | | Gross Unrealized Losses | | Fair Value | | Gross Unrealized Losses | | Fair Value | | Gross Unrealized Losses |
| (in millions) |
December 31, 2022 | | | | | | | | | | | |
Fixed Maturities: | | | | | | | | | | | |
Corporate | $ | 22,034 | | | $ | 2,431 | | | $ | 15,014 | | | $ | 4,222 | | | $ | 37,048 | | | $ | 6,653 | |
U.S. Treasury, government and agency | 5,465 | | | 1,294 | | | 204 | | | 18 | | | 5,669 | | | 1,312 | |
States and political subdivisions | 91 | | | 18 | | | 158 | | | 58 | | | 249 | | | 76 | |
Foreign governments | 349 | | | 42 | | | 418 | | | 109 | | | 767 | | | 151 | |
Residential mortgage-backed | 665 | | | 49 | | | 79 | | | 35 | | | 744 | | | 84 | |
Asset-backed | 6,262 | | | 228 | | | 1,759 | | | 143 | | | 8,021 | | | 371 | |
Commercial mortgage-backed | 1,572 | | | 200 | | | 1,580 | | | 372 | | | 3,152 | | | 572 | |
| | | | | | | | | | | |
Total at December 31, 2022 | $ | 36,438 | | | $ | 4,262 | | | $ | 19,212 | | | $ | 4,957 | | | $ | 55,650 | | | $ | 9,219 | |
| | | | | | | | | | | |
December 31, 2021: | | | | | | | | | | | |
Fixed Maturities: | | | | | | | | | | | |
Corporate | $ | 9,497 | | | $ | 150 | | | $ | 1,301 | | | $ | 62 | | | $ | 10,798 | | | $ | 212 | |
U.S. Treasury, government and agency | 947 | | | 10 | | | 103 | | | 4 | | | 1,050 | | | 14 | |
States and political subdivisions | 112 | | | 2 | | | 11 | | | 1 | | | 123 | | | 3 | |
Foreign governments | 349 | | | 6 | | | 92 | | | 8 | | | 441 | | | 14 | |
| | | | | | | | | | | |
Asset-backed | 3,843 | | | 19 | | | 38 | | | — | | | 3,881 | | | 19 | |
Commercial mortgage-backed | 1,515 | | | 22 | | | 96 | | | 4 | | | 1,611 | | | 26 | |
| | | | | | | | | | | |
Total at December 31, 2021 | $ | 16,263 | | | $ | 209 | | | $ | 1,641 | | | $ | 79 | | | $ | 17,904 | | | $ | 288 | |
The Company’s investments in fixed maturities do not include concentrations of credit risk of any single issuer greater than 10% of the consolidated equity of the Company, other than securities of the U.S. government, U.S. government agencies, and certain securities guaranteed by the U.S. government. The Company maintains a diversified portfolio of corporate securities across industries and issuers and does not have exposure to any single issuer in excess of 0.8% of total corporate securities. The largest exposures to a single issuer of corporate securities held as of December 31, 2022 and 2021 were $327 million and $280 million, respectively, representing 30.4% and 3.2% of the consolidated equity of the Company.
Corporate high yield securities, consisting primarily of public high yield bonds, are classified as other than investment grade by the various rating agencies, i.e., a rating below Baa3/BBB- or the NAIC designation of 3 (medium investment grade), 4 or 5 (below investment grade) or 6 (in or near default). As of December 31, 2022 and 2021, respectively, approximately $2.9 billion and $2.8 billion, or 4.3% and 4.1%, of the $68.1 billion and $68.6 billion aggregate amortized cost of fixed maturities held by the Company were considered to be other than investment grade. These securities had gross unrealized losses of $208 million and $18 million as of December 31, 2022 and 2021, respectively.
As of December 31, 2022 and 2021, respectively, the $5.0 billion and $79 million of gross unrealized losses of twelve months or more were primarily concentrated in corporate securities. In accordance with the policy described in Note 2 of the Notes to these Consolidated Financial Statements, the Company concluded that an adjustment to allowance for credit losses for these securities was not warranted at either December 31, 2022 or December 31,
EQUITABLE FINANCIAL LIFE INSURANCE COMPANY
Notes to Consolidated Financial Statements, Continued
2021. As of December 31, 2022 and 2021, the Company did not intend to sell the securities nor will it likely be required to dispose of the securities before the anticipated recovery of their remaining amortized cost basis.
Based on the Company’s evaluation both qualitatively and quantitatively of the drivers of the decline in fair value of fixed maturity securities as of December 31, 2022, the Company determined that the unrealized loss was primarily due to increases in interest rates and credit spreads.
Mortgage Loans on Real Estate
Accrued interest receivable on commercial and agricultural mortgage loans as of December 31, 2022 and 2021 was $71 million and $57 million, respectively. There was no accrued interest written off for commercial and agricultural mortgage loans for the years ended December 31, 2022 and 2021.
As of December 31, 2022, the Company had no loans for which foreclosure was probable included within the individually assessed mortgage loans, and accordingly had no associated allowance for credit losses.
Allowance for Credit Losses on Mortgage Loans
The change in the allowance for credit losses for commercial mortgage loans and agricultural mortgage loans during the years ended December 31, 2022, 2021 and 2020 were as follows:
| | | | | | | | | | | | | | | | | | | | | |
| | | Year Ended December 31, |
| | | | | 2022 | | 2021 | | 2020 |
| | | | | (in millions) |
Allowance for credit losses on mortgage loans: | | | | | | | | | |
Commercial mortgages: | | | | | | | | | |
Balance, beginning of period | | | | | $ | 57 | | | $ | 77 | | | $ | 33 | |
Current-period provision for expected credit losses | | | | | 66 | | | (20) | | | 44 | |
Write-offs charged against the allowance | | | | | — | | | — | | | — | |
Recoveries of amounts previously written off | | | | | | | — | | | — | |
Net change in allowance | | | | | 66 | | | (20) | | | 44 | |
Balance, end of period | | | | | $ | 123 | | | $ | 57 | | | $ | 77 | |
| | | | | | | | | |
Agricultural mortgages: | | | | | | | | | |
Balance, beginning of period | | | | | $ | 5 | | | $ | 4 | | | $ | 3 | |
Current-period provision for expected credit losses | | | | | 1 | | | 1 | | | 1 | |
Write-offs charged against the allowance | | | | | — | | | — | | | — | |
Recoveries of amounts previously written off | | | | | | | — | | | — | |
Net change in allowance | | | | | 1 | | | 1 | | | 1 | |
Balance, end of period | | | | | $ | 6 | | | $ | 5 | | | $ | 4 | |
| | | | | | | | | |
Total allowance for credit losses | | | | | $ | 129 | | | $ | 62 | | | $ | 81 | |
The change in the allowance for credit losses is attributable to:
•increases/decreases in the loan balance due to new originations, maturing mortgages, and loan amortization and
•changes in credit quality and economic assumptions.
Credit Quality Information
The following tables summarize the Company’s mortgage loans segregated by risk rating exposure as of December 31, 2022 and 2021.
EQUITABLE FINANCIAL LIFE INSURANCE COMPANY
Notes to Consolidated Financial Statements, Continued
Loan to Value (“LTV”) Ratios (1)
| | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | |
| December 31, 2022 |
| Amortized Cost Basis by Origination Year |
| 2022 | | 2021 | | 2020 | | 2019 | | 2018 | | Prior | | Revolving Loans Amortized Cost Basis | | Revolving Loans Converted to Term Loans Amortized Cost Basis | | Total |
| (in millions) |
Mortgage loans: | | | | | | | | | | | | | | | | | |
Commercial: | | | | | | | | | | | | | | | | | |
0% - 50% | $ | 624 | | | $ | 130 | | | $ | — | | | $ | — | | | $ | 119 | | | $ | 1,242 | | | $ | — | | | $ | — | | | $ | 2,115 | |
50% - 70% | 2,285 | | | 1,569 | | | 906 | | | 313 | | | 623 | | | 2,254 | | | 328 | | | — | | | 8,278 | |
70% - 90% | 363 | | | 415 | | | 463 | | | 329 | | | 424 | | | 1,314 | | | — | | | 34 | | | 3,342 | |
90% plus | — | | | — | | | — | | | — | | | 35 | | | 233 | | | — | | | — | | | 268 | |
Total commercial | $ | 3,272 | | | $ | 2,114 | | | $ | 1,369 | | | $ | 642 | | | $ | 1,201 | | | $ | 5,043 | | | $ | 328 | | | $ | 34 | | | $ | 14,003 | |
| | | | | | | | | | | | | | | | | |
Agricultural: | | | | | | | | | | | | | | | | | |
0% - 50% | $ | 163 | | | $ | 182 | | | $ | 228 | | | $ | 129 | | | $ | 132 | | | $ | 725 | | | $ | — | | | $ | — | | | $ | 1,559 | |
50% - 70% | 190 | | | 185 | | | 222 | | | 68 | | | 83 | | | 267 | | | — | | | — | | | 1,015 | |
70% - 90% | — | | | — | | | — | | | — | | | — | | | 16 | | | — | | | — | | | 16 | |
90% plus | — | | | — | | | — | | | — | | | — | | | — | | | — | | | — | | | — | |
Total agricultural | $ | 353 | | | $ | 367 | | | $ | 450 | | | $ | 197 | | | $ | 215 | | | $ | 1,008 | | | $ | — | | | $ | — | | | $ | 2,590 | |
| | | | | | | | | | | | | | | | | |
| | | | | | | | | | | | | | | | | |
Total mortgage loans: | | | | | | | | | | | | | | | | | |
0% - 50% | $ | 787 | | | $ | 312 | | | $ | 228 | | | $ | 129 | | | $ | 251 | | | $ | 1,967 | | | $ | — | | | $ | — | | | $ | 3,674 | |
50% - 70% | 2,475 | | | 1,754 | | | 1,128 | | | 381 | | | 706 | | | 2,521 | | | 328 | | | — | | | 9,293 | |
70% - 90% | 363 | | | 415 | | | 463 | | | 329 | | | 424 | | | 1,330 | | | — | | | 34 | | | 3,358 | |
90% plus | — | | | — | | | — | | | — | | | 35 | | | 233 | | | — | | | — | | | 268 | |
Total mortgage loans | $ | 3,625 | | | $ | 2,481 | | | $ | 1,819 | | | $ | 839 | | | $ | 1,416 | | | $ | 6,051 | | | $ | 328 | | | $ | 34 | | | $ | 16,593 | |
Debt Service Coverage (“DSC”) Ratios (2)
| | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | |
| December 31, 2022 |
| Amortized Cost Basis by Origination Year |
| 2022 | | 2021 | | 2020 | | 2019 | | 2018 | | Prior | | Revolving Loans Amortized Cost Basis | | Revolving Loans Converted to Term Loans Amortized Cost Basis | | Total |
| (in millions) |
Mortgage loans: | | | | | | | | | | | | | | | | | |
Commercial: | | | | | | | | | | | | | | | | | |
Greater than 2.0x | $ | 771 | | | $ | 1,159 | | | $ | 1,113 | | | $ | 102 | | | $ | 571 | | | $ | 1,911 | | | $ | — | | | $ | — | | | $ | 5,627 | |
1.8x to 2.0x | 158 | | | 215 | | | 164 | | | 197 | | | 186 | | | 477 | | | 279 | | | — | | | 1,676 | |
1.5x to 1.8x | 337 | | | 390 | | | 32 | | | 153 | | | 176 | | | 1,175 | | | 4 | | | — | | | 2,267 | |
EQUITABLE FINANCIAL LIFE INSURANCE COMPANY
Notes to Consolidated Financial Statements, Continued
| | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | |
| December 31, 2022 |
| Amortized Cost Basis by Origination Year |
| 2022 | | 2021 | | 2020 | | 2019 | | 2018 | | Prior | | Revolving Loans Amortized Cost Basis | | Revolving Loans Converted to Term Loans Amortized Cost Basis | | Total |
| (in millions) |
1.2x to 1.5x | 1,041 | | | 259 | | | — | | | 92 | | | 73 | | | 917 | | | — | | | — | | | 2,382 | |
1.0x to 1.2x | 507 | | | 43 | | | 60 | | | 98 | | | 160 | | | 492 | | | 45 | | | 34 | | | 1,439 | |
Less than 1.0x | 458 | | | 48 | | | — | | | — | | | 35 | | | 71 | | | — | | | — | | | 612 | |
Total commercial | $ | 3,272 | | | $ | 2,114 | | | $ | 1,369 | | | $ | 642 | | | $ | 1,201 | | | $ | 5,043 | | | $ | 328 | | | $ | 34 | | | $ | 14,003 | |
| | | | | | | | | | | | | | | | | |
Agricultural: | | | | | | | | | | | | | | | | | |
Greater than 2.0x | $ | 51 | | | $ | 40 | | | $ | 62 | | | $ | 21 | | | $ | 12 | | | $ | 193 | | | $ | — | | | $ | — | | | $ | 379 | |
1.8x to 2.0x | 16 | | | 58 | | | 35 | | | 24 | | | 14 | | | 51 | | | — | | | — | | | 198 | |
1.5x to 1.8x | 69 | | | 42 | | | 111 | | | 18 | | | 19 | | | 196 | | | — | | | — | | | 455 | |
1.2x to 1.5x | 107 | | | 147 | | | 177 | | | 98 | | | 99 | | | 298 | | | — | | | — | | | 926 | |
1.0x to 1.2x | 91 | | | 80 | | | 61 | | | 30 | | | 60 | | | 257 | | | — | | | — | | | 579 | |
Less than 1.0x | 19 | | | — | | | 4 | | | 6 | | | 11 | | | 13 | | | — | | | — | | | 53 | |
Total agricultural | $ | 353 | | | $ | 367 | | | $ | 450 | | | $ | 197 | | | $ | 215 | | | $ | 1,008 | | | $ | — | | | $ | — | | | $ | 2,590 | |
| | | | | | | | | | | | | | | | | |
| | | | | | | | | | | | | | | | | |
Total mortgage loans: | | | | | | | | | | | | | | | | | |
Greater than 2.0x | $ | 822 | | | $ | 1,199 | | | $ | 1,175 | | | $ | 123 | | | $ | 583 | | | $ | 2,104 | | | $ | — | | | $ | — | | | $ | 6,006 | |
1.8x to 2.0x | 174 | | | 273 | | | 199 | | | 221 | | | 200 | | | 528 | | | 279 | | | — | | | 1,874 | |
1.5x to 1.8x | 406 | | | 432 | | | 143 | | | 171 | | | 195 | | | 1,371 | | | 4 | | | — | | | 2,722 | |
1.2x to 1.5x | 1,148 | | | 406 | | | 177 | | | 190 | | | 172 | | | 1,215 | | | — | | | — | | | 3,308 | |
1.0x to 1.2x | 598 | | | 123 | | | 121 | | | 128 | | | 220 | | | 749 | | | 45 | | | 34 | | | 2,018 | |
Less than 1.0x | 477 | | | 48 | | | 4 | | | 6 | | | 46 | | | 84 | | | — | | | — | | | 665 | |
Total mortgage loans | $ | 3,625 | | | $ | 2,481 | | | $ | 1,819 | | | $ | 839 | | | $ | 1,416 | | | $ | 6,051 | | | $ | 328 | | | $ | 34 | | | $ | 16,593 | |
_____________
(1)The LTV ratio is derived from current loan balance divided by the fair value of the property. The fair value of the underlying commercial properties is updated annually for each mortgage loan.
(2)The DSC ratio is calculated using the most recently reported operating income results from property operations divided by annual debt service.
EQUITABLE FINANCIAL LIFE INSURANCE COMPANY
Notes to Consolidated Financial Statements, Continued
LTV Ratios (1)
| | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | |
| December 31, 2021 |
| Amortized Cost Basis by Origination Year |
| 2021 | | 2020 | | 2019 | | 2018 | | 2017 | | Prior | | Revolving Loans Amortized Cost Basis | | Revolving Loans Converted to Term Loans Amortized Cost Basis | | Total |
| (in millions) |
Mortgage loans: | | | | | | | | | | | | | | | | | |
Commercial: | | | | | | | | | | | | | | | | | |
0% - 50% | $ | — | | | $ | — | | | $ | — | | | $ | 184 | | | $ | 293 | | | $ | 992 | | | $ | — | | | $ | — | | | $ | 1,469 | |
50% - 70% | 1,944 | | | 1,286 | | | 339 | | | 619 | | | 491 | | | 2,533 | | | 139 | | | — | | | 7,351 | |
70% - 90% | 190 | | | 236 | | | 412 | | | 415 | | | 276 | | | 972 | | | — | | | — | | | 2,501 | |
90% plus | — | | | — | | | — | | | 35 | | | 5 | | | 73 | | | — | | | — | | | 113 | |
Total commercial | $ | 2,134 | | | $ | 1,522 | | | $ | 751 | | | $ | 1,253 | | | $ | 1,065 | | | $ | 4,570 | | | $ | 139 | | | $ | — | | | $ | 11,434 | |
| | | | | | | | | | | | | | | | | |
Agricultural: | | | | | | | | | | | | | | | | | |
0% - 50% | $ | 180 | | | $ | 212 | | | $ | 128 | | | $ | 129 | | | $ | 119 | | | $ | 738 | | | $ | — | | | $ | — | | | $ | 1,506 | |
50% - 70% | 200 | | | 268 | | | 102 | | | 126 | | | 87 | | | 338 | | | — | | | — | | | 1,121 | |
70% - 90% | — | | | — | | | — | | | — | | | — | | | 17 | | | — | | | — | | | 17 | |
90% plus | — | | | — | | | — | | | — | | | — | | | — | | | — | | | — | | | — | |
Total agricultural | $ | 380 | | | $ | 480 | | | $ | 230 | | | $ | 255 | | | $ | 206 | | | $ | 1,093 | | | $ | — | | | $ | — | | | $ | 2,644 | |
| | | | | | | | | | | | | | | | | |
| | | | | | | | | | | | | | | | | |
Total mortgage loans: | | | | | | | | | | | | | | | | | |
0% - 50% | $ | 180 | | | $ | 212 | | | $ | 128 | | | $ | 313 | | | $ | 412 | | | $ | 1,730 | | | $ | — | | | $ | — | | | $ | 2,975 | |
50% - 70% | 2,144 | | | 1,554 | | | 441 | | | 745 | | | 578 | | | 2,871 | | | 139 | | | — | | | 8,472 | |
70% - 90% | 190 | | | 236 | | | 412 | | | 415 | | | 276 | | | 989 | | | — | | | — | | | 2,518 | |
90% plus | — | | | — | | | — | | | 35 | | | 5 | | | 73 | | | — | | | — | | | 113 | |
Total mortgage loans | $ | 2,514 | | | $ | 2,002 | | | $ | 981 | | | $ | 1,508 | | | $ | 1,271 | | | $ | 5,663 | | | $ | 139 | | | $ | — | | | $ | 14,078 | |
EQUITABLE FINANCIAL LIFE INSURANCE COMPANY
Notes to Consolidated Financial Statements, Continued
DSC Ratios (2)
| | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | |
| December 31, 2021 |
| Amortized Cost Basis by Origination Year |
| 2021 | | 2020 | | 2019 | | 2018 | | 2017 | | Prior | | Revolving Loans Amortized Cost Basis | | Revolving Loans Converted to Term Loans Amortized Cost Basis | | Total |
| (in millions) |
Mortgage loans: | | | | | | | | | | | | | | | | | |
Commercial: | | | | | | | | | | | | | | | | | |
Greater than 2.0x | $ | 1,143 | | | $ | 1,243 | | | $ | 210 | | | $ | 772 | | | $ | 485 | | | $ | 2,218 | | | $ | — | | | $ | — | | | $ | 6,071 | |
1.8x to 2.0x | 185 | | | 135 | | | 182 | | | 46 | | | 161 | | | 372 | | | 68 | | | — | | | 1,149 | |
1.5x to 1.8x | 275 | | | 49 | | | 284 | | | 211 | | | 166 | | | 919 | | | 48 | | | — | | | 1,952 | |
1.2x to 1.5x | 264 | | | 95 | | | 75 | | | 101 | | | 253 | | | 701 | | | — | | | — | | | 1,489 | |
1.0x to 1.2x | 267 | | | — | | | — | | | 88 | | | — | | | 287 | | | 23 | | | — | | | 665 | |
Less than 1.0x | — | | | — | | | — | | | 35 | | | — | | | 73 | | | — | | | — | | | 108 | |
Total commercial | $ | 2,134 | | | $ | 1,522 | | | $ | 751 | | | $ | 1,253 | | | $ | 1,065 | | | $ | 4,570 | | | $ | 139 | | | $ | — | | | $ | 11,434 | |
| | | | | | | | | | | | | | | | | |
Agricultural: | | | | | | | | | | | | | | | | | |
Greater than 2.0x | $ | 49 | | | $ | 64 | | | $ | 25 | | | $ | 22 | | | $ | 24 | | | $ | 210 | | | $ | — | | | $ | — | | | $ | 394 | |
1.8x to 2.0x | 52 | | | 37 | | | 25 | | | 14 | | | 14 | | | 70 | | | — | | | — | | | 212 | |
1.5x to 1.8x | 43 | | | 113 | | | 28 | | | 22 | | | 41 | | | 193 | | | — | | | — | | | 440 | |
1.2x to 1.5x | 161 | | | 179 | | | 112 | | | 116 | | | 72 | | | 355 | | | — | | | — | | | 995 | |
1.0x to 1.2x | 75 | | | 83 | | | 31 | | | 77 | | | 54 | | | 226 | | | — | | | — | | | 546 | |
Less than 1.0x | — | | | 4 | | | 9 | | | 4 | | | 1 | | | 39 | | | — | | | — | | | 57 | |
Total agricultural | $ | 380 | | | $ | 480 | | | $ | 230 | | | $ | 255 | | | $ | 206 | | | $ | 1,093 | | | $ | — | | | $ | — | | | $ | 2,644 | |
| | | | | | | | | | | | | | | | | |
| | | | | | | | | | | | | | | | | |
Total mortgage loans: | | | | | | | | | | | | | | | | | |
Greater than 2.0x | $ | 1,192 | | | $ | 1,307 | | | $ | 235 | | | $ | 794 | | | $ | 509 | | | $ | 2,428 | | | $ | — | | | $ | — | | | $ | 6,465 | |
1.8x to 2.0x | 237 | | | 172 | | | 207 | | | 60 | | | 175 | | | 442 | | | 68 | | | — | | | 1,361 | |
1.5x to 1.8x | 318 | | | 162 | | | 312 | | | 233 | | | 207 | | | 1,112 | | | 48 | | | — | | | 2,392 | |
1.2x to 1.5x | 425 | | | 274 | | | 187 | | | 217 | | | 325 | | | 1,056 | | | — | | | — | | | 2,484 | |
1.0x to 1.2x | 342 | | | 83 | | | 31 | | | 165 | | | 54 | | | 513 | | | 23 | | | — | | | 1,211 | |
Less than 1.0x | — | | | 4 | | | 9 | | | 39 | | | 1 | | | 112 | | | — | | | — | | | 165 | |
Total mortgage loans | $ | 2,514 | | | $ | 2,002 | | | $ | 981 | | | $ | 1,508 | | | $ | 1,271 | | | $ | 5,663 | | | $ | 139 | | | $ | — | | | $ | 14,078 | |
_____________
(1)The LTV ratio is derived from current loan balance divided by the fair value of the property. The fair value of the underlying commercial properties is updated annually for each mortgage loan.
(2)The DSC ratio is calculated using the most recently reported operating income results from property operations divided by annual debt service.
Past-Due and Nonaccrual Mortgage Loan Status
The following table provides information relating to the aging analysis of past-due mortgage loans as of December 31, 2022 and 2021, respectively.
EQUITABLE FINANCIAL LIFE INSURANCE COMPANY
Notes to Consolidated Financial Statements, Continued
Age Analysis of Past Due Mortgage Loans (1)
| | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | |
| Accruing Loans | | Non-accruing Loans | | Total Loans | | Non-accruing Loans with No Allowance | | Interest Income on Non-accruing Loans |
| Past Due | | Current | | Total | |
| 30-59 Days | | 60-89 Days | | 90 Days or More | | Total |
| (in millions) |
December 31, 2022: | | | | | | | | | | | | | | | | | | | |
Mortgage loans: | | | | | | | | | | | | | | | | | | | |
Commercial | $ | 56 | | | $ | — | | | $ | — | | | $ | 56 | | | $ | 13,947 | | | $ | 14,003 | | | $ | — | | | $ | 14,003 | | | $ | — | | | $ | — | |
Agricultural | 3 | | | 5 | | | 13 | | | 21 | | | 2,553 | | | 2,574 | | | 16 | | | 2,590 | | | — | | | — | |
Total | $ | 59 | | | $ | 5 | | | $ | 13 | | | $ | 77 | | | $ | 16,500 | | | $ | 16,577 | | | $ | 16 | | | $ | 16,593 | | | $ | — | | | $ | — | |
December 31, 2021: | | | | | | | | | | | | | | | | | | | |
Mortgage loans: | | | | | | | | | | | | | | | | | | | |
Commercial | $ | — | | | $ | — | | | $ | — | | | $ | — | | | $ | 11,434 | | | $ | 11,434 | | | $ | — | | | $ | 11,434 | | | $ | — | | | $ | — | |
Agricultural | 1 | | | 1 | | | 25 | | | 27 | | | 2,601 | | | 2,628 | | | 16 | | | 2,644 | | | — | | | — | |
Total | $ | 1 | | | $ | 1 | | | $ | 25 | | | $ | 27 | | | $ | 14,035 | | | $ | 14,062 | | | $ | 16 | | | $ | 14,078 | | | $ | — | | | $ | — | |
_______________
(1)Amounts presented at amortized cost basis.
As of December 31, 2022 and 2021, the carrying values of problem mortgage loans that had been classified as non-accrual loans were $14 million and $14 million, respectively. The carrying values of those mortgage loans are presented net of an allowance of $2 million and $2 million, respectively, as of December 31, 2022 and 2021.
Troubled Debt Restructuring
During the years ended December 31, 2022, 2021 and 2020, the Company identified an immaterial amount of TDRs.
Equity Securities
The table below presents a breakdown of unrealized and realized gains and (losses) on equity securities during the years ended December 31, 2022 and 2021.
Unrealized and Realized Gains (Losses) from Equity Securities
| | | | | | | | | | | | | | | | | | | | | | | |
| | | Year Ended December 31, | | |
| | | | | 2022 | | 2021 | | | | | | |
| | | | (in millions) |
Net investment gains (losses) recognized during the period on securities held at the end of the period | | | | | $ | (109) | | | $ | 9 | | | | | | | |
Net investment gains (losses) recognized on securities sold during the period | | | | | (36) | | | (2) | | | | | | | |
Unrealized and realized gains (losses) on equity securities | | | | | $ | (145) | | | $ | 7 | | | | | | | |
| | | | | | | | | | | | | |
| | | | | | | | | | | | | |
Trading Securities
As of December 31, 2022 and 2021, respectively, the fair value of the Company’s trading securities was $283 million and $379 million. As of December 31, 2022 and 2021, respectively, trading securities included the General Account’s investment in Separate Accounts had carrying values of $38 million and $44 million.
The table below shows a breakdown of net investment income (loss) from trading securities during the years ended December 31, 2022, 2021 and 2020:
EQUITABLE FINANCIAL LIFE INSURANCE COMPANY
Notes to Consolidated Financial Statements, Continued
Net Investment Income (Loss) from Trading Securities
| | | | | | | | | | | | | | | | | | | | | |
| | | Year Ended December 31, |
| | | | | 2022 | | 2021 | | 2020 |
| | | | | (in millions) |
Net investment gains (losses) recognized during the period on securities held at the end of the period | | | | | $ | (35) | | | $ | (264) | | | $ | 96 | |
Net investment gains (losses) recognized on securities sold during the period | | | | | (6) | | | 206 | | | 10 | |
Unrealized and realized gains (losses) on trading securities | | | | | (41) | | | (58) | | | 106 | |
Interest and dividend income from trading securities | | | | | 13 | | | 92 | | | 206 | |
Net investment income (loss) from trading securities | | | | | $ | (28) | | | $ | 34 | | | $ | 312 | |
Net Investment Income (Loss)
The following table breaks out net investment income (loss) by asset category:
| | | | | | | | | | | | | | | | | |
| Year Ended December 31, |
| 2022 | | 2021 | | 2020 |
| (in millions) |
Fixed maturities | $ | 2,478 | | | $ | 2,293 | | | $ | 2,193 | |
Mortgage loans on real estate | 586 | | | 547 | | | 516 | |
Other equity investments | 74 | | | 525 | | | 79 | |
Policy loans | 203 | | | 209 | | | 198 | |
| | | | | |
| | | | | |
Trading securities | (28) | | | 34 | | | 312 | |
Other investment income | 57 | | | 47 | | | 49 | |
Gross investment income (loss) | 3,370 | | | 3,655 | | | 3,347 | |
Investment expenses | (293) | | | (172) | | | (139) | |
| | | | | |
Net investment income (loss) | $ | 3,077 | | | $ | 3,483 | | | $ | 3,208 | |
Investment Gains (Losses), Net
Investment gains (losses), net including changes in the valuation allowances and credit losses are as follows:
| | | | | | | | | | | | | | | | | |
| Year Ended December 31, |
| 2022 | | 2021 | | 2020 |
| (in millions) |
Fixed maturities | $ | (885) | | | $ | 834 | | | $ | 801 | |
Mortgage loans on real estate | (66) | | | 20 | | | (45) | |
Other equity investments (1) | — | | | — | | | 30 | |
Other | (11) | | | (1) | | | 1 | |
Investment gains (losses), net | $ | (962) | | | $ | 853 | | | $ | 787 | |
_____________
(1) Investment gains (losses), net of Other equity investments includes Real Estate Held for production during the years ended December 31, 2021 and December 31, 2020.
For the years ended December 31, 2022, 2021 and 2020, respectively, investment results passed through to certain participating group annuity contracts as interest credited to policyholders’ account balances totaled $1 million, $2 million and $2 million.
EQUITABLE FINANCIAL LIFE INSURANCE COMPANY
Notes to Consolidated Financial Statements, Continued
4) DERIVATIVES
The Company uses derivatives as part of its overall asset/liability risk management primarily to reduce exposures to equity market and interest rate risks. Derivative hedging strategies are designed to reduce these risks from an economic perspective and are all executed within the framework of a “Derivative Use Plan” approved by applicable states’ insurance law. Derivatives are generally not accounted for using hedge accounting, with the exception of TIPS and cash flow hedges, which are discussed further below. Operation of these hedging programs is based on models involving numerous estimates and assumptions, including, among others, mortality, lapse, surrender and withdrawal rates, election rates, fund performance, market volatility and interest rates. A wide range of derivative contracts are used in these hedging programs, including exchange traded equity, currency and interest rate futures contracts, total return and/or other equity swaps, interest rate swap and floor contracts, bond and bond-index total return swaps, swaptions, variance swaps and equity options, credit and foreign exchange derivatives, as well as bond and repo transactions to support the hedging. The derivative contracts are collectively managed in an effort to reduce the economic impact of unfavorable changes in guaranteed benefits’ exposures attributable to movements in capital markets. In addition, as part of its hedging strategy, the Company targets an asset level for all variable annuity products at or above a CTE98 level under most economic scenarios (CTE is a statistical measure of tail risk which quantifies the total asset requirement to sustain a loss if an event outside a given probability level has occurred. CTE98 denotes the financial resources a company would need to cover the average of the worst 2% of scenarios.)
Derivatives Utilized to Hedge Exposure to Variable Annuities with Guarantee Features
The Company has issued and continues to offer variable annuity products with GMxB features which are accounted for as market risk benefits. The risk associated with the GMDB feature is that under-performance of the financial markets could result in GMDB benefits, in the event of death, being higher than what accumulated policyholders’ account balances would support. The risk associated with the GMIB feature is that under-performance of the financial markets could result in the present value of GMIB, in the event of annuitization, being higher than what accumulated policyholders’ account balances would support, taking into account the relationship between current annuity purchase rates and the GMIB guaranteed annuity purchase rates. The risk associated with products that have a GMxB feature and are accounted for as market risk benefits is that under-performance of the financial markets could result in the GMxB features benefits being higher than what accumulated policyholders’ account balances would support.
For GMxB features, the Company retains certain risks including basis, credit spread and some volatility risk and risk associated with actual experience versus expected actuarial assumptions for mortality, lapse and surrender, withdrawal and policyholder election rates, among other things. The derivative contracts are managed to correlate with changes in the value of the GMxB features that result from financial markets movements. A portion of exposure to realized equity volatility is hedged using equity options and variance swaps and a portion of exposure to credit risk is hedged using total return swaps on fixed income indices. Additionally, the Company is party to total return swaps for which the reference U.S. Treasury securities are contemporaneously purchased from the market and sold to the swap counterparty. As these transactions result in a transfer of control of the U.S. Treasury securities to the swap counterparty, the Company derecognizes these securities with consequent gain or loss from the sale. The Company has also purchased reinsurance contracts to mitigate the risks associated with GMDB features and the impact of potential market fluctuations on future policyholder elections of GMIB features contained in certain annuity contracts issued by the Company. The reinsurance of these features is accounted for as purchased market risk benefits. In addition, on June 1, 2021, we ceded legacy variable annuity policies sold by Equitable Financial between 2006-2008 (the “Block”), comprised of non-New York “Accumulator” policies containing fixed rate GMIB and/or GMDB guarantees to CS Life. As this contract provides full risk transfer and thus has the same risk attributes as the underlying direct contracts, the benefits of this treaty are accounted for in the same manner as the underlying gross reserves and therefore the Amounts Due from Reinsurers related to the GMIB with NLG are accounted for as purchased market risk benefits.
The Company has in place an economic hedge program using U.S. Treasury futures to partially protect the overall profitability of future variable annuity sales against declining interest rates.
Derivatives Utilized to Hedge Crediting Rate Exposure on SCS, SIO, MSO and IUL Products/Investment Options
The Company hedges crediting rates in the SCS variable annuity, SIO in the EQUI-VEST variable annuity series, MSO in the variable life insurance products and IUL insurance products. These products permit the contract owner to participate in the performance of an index, ETF or commodity price movement up to a cap for a set period of
EQUITABLE FINANCIAL LIFE INSURANCE COMPANY
Notes to Consolidated Financial Statements, Continued
time. They also contain a protection feature, in which the Company will absorb, up to a certain percentage, the loss of value in an index, ETF or commodity price, which varies by product segment.
In order to support the returns associated with these features, the Company enters into derivative contracts whose payouts, in combination with fixed income investments, emulate those of the index, ETF or commodity price, subject to caps and buffers, thereby substantially reducing any exposure to market-related earnings volatility.
Derivatives Used to Hedge Equity Market Risks Associated with the General Account’s Seed Money Investments in Retail Mutual Funds
The Company’s General Account seed money investments in retail mutual funds expose us to market risk, including equity market risk which is partially hedged through equity-index futures contracts to minimize such risk.
Derivatives Used for General Account Investment Portfolio
The Company maintains a strategy in its General Account investment portfolio to replicate the credit exposure of fixed maturity securities otherwise permissible for investment under its investment guidelines through the sale of CDS. Under the terms of these swaps, the Company receives quarterly fixed premiums that, together with any initial amount paid or received at trade inception, replicate the credit spread otherwise currently obtainable by purchasing the referenced entity’s bonds of similar maturity. These credit derivatives generally have remaining terms of five years or less and are recorded at fair value with changes in fair value, including the yield component that emerges from initial amounts paid or received, reported in net derivative gains (losses).
The Company manages its credit exposure taking into consideration both cash and derivatives based positions and selects the reference entities in its replicated credit exposures in a manner consistent with its selection of fixed maturities. In addition, the Company generally transacts the sale of CDS in single name reference entities of investment grade credit quality and with counterparties subject to collateral posting requirements. If there is an event of default by the reference entity or other such credit event as defined under the terms of the swap contract, the Company is obligated to perform under the credit derivative and, at its option, either pay the referenced amount of the contract less an auction-determined recovery amount or pay the referenced amount of the contract and receive in return the defaulted or similar security of the reference entity for recovery by sale at the contract settlement auction. The Company purchased CDS to mitigate its exposure to a reference entity through cash positions. These positions do not replicate credit spreads.
To date, there have been no events of default or circumstances indicative of a deterioration in the credit quality of the named referenced entities to require or suggest that the Company will have to perform under the CDS that it sold. The maximum potential amount of future payments the Company could be required to make under the credit derivatives sold is limited to the par value of the referenced securities which is the dollar or euro-equivalent of the derivative’s notional amount. The Standard North American CDS Contract or Standard European Corporate Contract under which the Company executes these CDS sales transactions does not contain recourse provisions for recovery of amounts paid under the credit derivative.
The Company purchased 30-year TIPS and other sovereign bonds, both inflation-linked and non-inflation linked, as General Account investments and enters into asset or cross-currency basis swaps, to result in payment of the given bond’s coupons and principal at maturity in the bond’s specified currency to the swap counterparty in return for fixed dollar amounts. These swaps, when considered in combination with the bonds, together result in a net position that is intended to replicate a dollar-denominated fixed-coupon cash bond with a yield higher than a term-equivalent U.S. Treasury bond.
Derivatives Utilized to Hedge Exposure to Foreign Currency Denominated Cash Flows
The Company purchases private placement debt securities and issues funding agreements in the FABN program in currencies other than its functional U.S. dollar currency. The Company enters into cross currency swaps with external counterparties to hedge the exposure of the foreign currency denominated cash flows of these instruments. The foreign currency received from or paid to the cross currency swap counterparty is exchanged for fixed U.S. dollar amounts with improved net investment yields or net product costs over equivalent U.S. dollar denominated instruments issued at that time. The transactions are accounted for as cash flow hedges when they are designated in hedging relationships and qualify for hedge accounting.
These cross currency swaps are for the period the foreign currency denominated private placement debt securities and funding agreement are outstanding, with the longest cross currency swap expiring in 2033. Since these cross
EQUITABLE FINANCIAL LIFE INSURANCE COMPANY
Notes to Consolidated Financial Statements, Continued
currency swaps are designated and qualify as cash flow hedges, the corresponding interest accruals are recognized in Net investment income and in Interest credited to policyholders’ account balances.
The tables below present quantitative disclosures about the Company’s derivative instruments designated in hedging relationships and derivative instruments which have not been designated in hedging relationships, including those embedded in other contracts required to be accounted for as derivative instruments.
The following table presents the gross notional amount and estimated fair value of the Company’s derivatives:
Derivative Instruments by Category
| | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | |
| December 31, 2022 | | December 31, 2021 |
| | | Fair Value | | | | Fair Value |
| Notional Amount | | Derivative Assets | | Derivative Liabilities | | Notional Amount | | Derivative Assets | | Derivative Liabilities |
| (in millions) |
| | | | | | | | | | | |
Derivatives: designated for hedge accounting (1) | | | | | | | | | | | |
Cash flow hedges: | | | | | | | | | | | |
| | | | | | | | | | | |
Currency swaps | $ | 1,431 | | | $ | 99 | | | $ | 85 | | | $ | 921 | | | $ | 7 | | | $ | 42 | |
Interest swaps | 955 | | | — | | | 294 | | | 955 | | | — | | | 395 | |
Total: designated for hedge accounting | 2,386 | | | 99 | | | 379 | | | 1,876 | | | 7 | | | 437 | |
Derivatives: not designated for hedge accounting (1) | | | | | | | | | | | |
Equity contracts: | | | | | | | | | | | |
Futures | 4,320 | | | — | | | — | | | 2,213 | | | — | | | — | |
Swaps | 11,159 | | | 38 | | | — | | | 13,310 | | | 5 | | | — | |
Options | 39,863 | | | 7,549 | | | 3,396 | | | 48,380 | | | 12,015 | | | 5,059 | |
Interest rate contracts: | | | | | | | | | | | |
Futures | 12,693 | | | — | | | — | | | 12,455 | | | — | | | — | |
Swaps | 1,498 | | | — | | | 166 | | | 1,876 | | | — | | | 45 | |
Swaptions | — | | | — | | | — | | | — | | | — | | | — | |
Credit contracts: | | | | | | | | | | | |
Credit default swaps | 102 | | | — | | | 2 | | | 619 | | | 2 | | | 3 | |
Currency contracts: | | | | | | | | | | | |
Currency swaps | 397 | | | 4 | | | 13 | | | 541 | | | 1 | | | — | |
| | | | | | | | | | | |
Other freestanding contracts: | | | | | | | | | | | |
Margin | — | | | 193 | | | — | | | — | | | 102 | | | — | |
Collateral | — | | | 142 | | | 4,469 | | | — | | | 178 | | | 6,154 | |
Total: Not designated for hedge accounting | 70,032 | | | 7,926 | | | 8,046 | | | 79,394 | | | 12,303 | | | 11,261 | |
| | | | | | | | | | | |
Embedded derivatives: | | | | | | | | | | | |
SCS, SIO, MSO and IUL indexed features (2) | — | | | — | | | 4,077 | | | — | | | — | | | 6,641 | |
Total embedded derivatives | — | | | — | | | 4,077 | | | — | | | — | | | 6,641 | |
Total derivative instruments | $ | 72,418 | | | $ | 8,025 | | | $ | 12,502 | | | $ | 81,270 | | | $ | 12,310 | | | $ | 18,339 | |
______________
(1)Reported in other invested assets in the consolidated balance sheets.
(2)Reported in policyholders’ account balances in the consolidated balance sheets.
EQUITABLE FINANCIAL LIFE INSURANCE COMPANY
Notes to Consolidated Financial Statements, Continued
The following table presents the effects of derivative instruments on the consolidated statements of income and comprehensive income (loss).
Derivative Instruments by Category
| | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | |
| Year Ended December 31, 2022 | | Year Ended December 31, 2021 | | Year Ended December 31, 2020 |
| | | | | | | | | | | | | | | | | | | | | |
| Net Derivatives Gain(Losses) (1) (2) | | NII (3) | | Interest Credited To Policyholders Account Balances | | AOCI | | Net Derivatives Gain(Losses) (1) (2) | | | | Interest Credited To Policyholders Account Balances | | AOCI | | Net Derivatives Gain(Losses) (1) (2) | | | | Interest Credited To Policyholders Account Balances | | AOCI |
| (in millions) |
| | | | | | | | | | | | | | | | | | | | | | | |
Derivatives: Designated for hedge accounting | | | | | | | | | | | | | | | | | | | | | | | |
Cash flow hedges: | | | | | | | | | | | | | | | | | | | | | | | |
| | | | | | | | | | | | | | | | | | | | | | | |
Currency Swaps | $ | 19 | | | $ | 7 | | | $ | (4) | | | $ | 24 | | | $ | (2) | | | | | $ | (45) | | | $ | 5 | | | $ | — | | | | | $ | — | | | $ | — | |
Interest Swaps | (86) | | | — | | | — | | | 206 | | | (69) | | | | | — | | | (87) | | | (9) | | | | | — | | | (87) | |
Total: Designated for hedge accounting | (67) | | | 7 | | | (4) | | | 230 | | | (71) | | | | | (45) | | | (82) | | | (9) | | | | | — | | | (87) | |
Derivatives: Not designated for hedge accounting | | | | | | | | | | | | | | | | | | | | | | | |
Equity contracts: | | | | | | | | | | | | | | | | | | | | | | | |
Futures | 349 | | | — | | | — | | | — | | | (607) | | | | | — | | | — | | | (955) | | | | | — | | | — | |
Swaps | 2,626 | | | — | | | — | | | — | | | (3,608) | | | | | — | | | — | | | (3,353) | | | | | — | | | — | |
Options | (2,752) | | | — | | | — | | | — | | | 3,883 | | | | | — | | | — | | | 1,663 | | | | | — | | | — | |
Interest rate contracts: | | | | | | | | | | | | | | | | | | | | | | | |
Futures | (1,645) | | | — | | | — | | | — | | | (727) | | | | | — | | | — | | | 1,745 | | | | | — | | | — | |
Swaps | (492) | | | — | | | — | | | — | | | (2,316) | | | | | — | | | — | | | 2,832 | | | | | — | | | — | |
Swaptions | — | | | — | | | — | | | — | | | — | | | | | — | | | — | | | 9 | | | | | — | | | — | |
Credit contracts: | | | | | | | | | | | | | | | | | | | | | | | |
Credit default swaps | 8 | | | — | | | — | | | — | | | 1 | | | | | — | | | — | | | — | | | | | — | | | — | |
Currency contracts: | | | | | | | | | | | | | | | | | | | | | | | |
Currency swaps | 10 | | | — | | | — | | | — | | | 3 | | | | | — | | | — | | | (2) | | | | | — | | | — | |
| | | | | | | | | | | | | | | | | | | | | | | |
| | | | | | | | | | | | | | | | | | | | | | | |
| | | | | | | | | | | | | | | | | | | | | | | |
| | | | | | | | | | | | | | | | | | | | | | | |
Total: Not designated for hedge accounting | (1,896) | | | — | | | — | | | — | | | (3,371) | | | | | — | | | — | | | 1,939 | | | | | — | | | — | |
| | | | | | | | | | | | | | | | | | | | | | | |
Embedded Derivatives: | | | | | | | | | | | | | | | | | | | | | | | |
GMIB reinsurance contracts (4) | — | | | — | | | — | | | — | | | — | | | | | — | | | — | | | 472 | | | | | — | | | — | |
GMxB derivative features liability (4) | — | | | — | | | — | | | — | | | — | | | | | — | | | — | | | (2,238) | | | | | — | | | — | |
SCS, SIO, MSO and IUL indexed features | 2,857 | | | — | | | — | | | — | | | (3,760) | | | | | — | | | — | | | (1,693) | | | | | — | | | — | |
Total Embedded Derivatives | 2,857 | | | — | | | — | | | — | | | (3,760) | | | | | — | | | — | | | (3,459) | | | | | — | | | — | |
| | | | | | | | | | | | | | | | | | | | | | | |
Total derivatives instruments | $ | 894 | | | $ | 7 | | | $ | (4) | | | $ | 230 | | | $ | (7,202) | | | | | $ | (45) | | | $ | (82) | | | $ | (1,529) | | | | | $ | — | | | $ | (87) | |
______________
(1)Reported in net derivative gains (losses) in the consolidated statements of income (loss).
EQUITABLE FINANCIAL LIFE INSURANCE COMPANY
Notes to Consolidated Financial Statements, Continued
(2)For the years ended December 31, 2022, 2021 and 2020, investment fees of $16 million, $15 million and $12 million, respectively, are reported in net derivative gains (losses) in the consolidated statements of income (loss).
(3)Net Investment Income (“NII”).
(4)GMIB reinsurance contracts and GMxB derivative features liability are not defined as embedded derivatives under the adoption of ASU 2018-12 effective January 1, 2021.
EQUITABLE FINANCIAL LIFE INSURANCE COMPANY
Notes to Consolidated Financial Statements, Continued
The following table presents a roll-forward of cash flow hedges recognized in AOCI.
Roll-forward of Cash flow hedges in AOCI
| | | | | | | | | | | | | | | | | | | | | |
| | | Year Ended December 31, |
| | | | | 2022 | | 2021 | | 2020 |
| | | | | (in millions) |
Balance, beginning of period | | | | | $ | (208) | | | $ | (126) | | | $ | (38) | |
Amount recorded in AOCI | | | | | | | | | |
Currency swaps | | | | | 29 | | | (35) | | | — | |
Interest swaps | | | | | 102 | | | (183) | | | (108) | |
Total amount recorded in AOCI | | | | | 131 | | | (218) | | | (108) | |
Amount reclassified from AOCI to income | | | | | | | | | |
Currency swaps (1) | | | | | (5) | | | 40 | | | — | |
Interest swaps (1) | | | | | 104 | | | 96 | | | 20 | |
Total amount reclassified from AOCI to income | | | | | 99 | | | 136 | | | 20 | |
Balance, end of period (2) | | | | | $ | 22 | | | $ | (208) | | | $ | (126) | |
______________
(1) Currency swaps reclassified from AOCI to income are reported in net investment income in the consolidated statements of income (loss). Interest swaps reclassified from AOCI to income are reported in net derivative gains (losses) in the consolidated statements of income (loss).
(2) The Company does not estimate the amount of the deferred losses in AOCI at years ended December 31, 2022, 2021 and 2020 which will be released and reclassified into Net income (loss) over the next 12 months as the amounts cannot be reasonably estimated.
Equity-Based and Treasury Futures Contracts Margin
All outstanding equity-based and treasury futures contracts as of December 31, 2022 and 2021 are exchange-traded and net settled daily in cash. As of December 31, 2022 and 2021, respectively, the Company had open exchange-traded futures positions on: (i) the S&P 500, Nasdaq, Russell 2000 and Emerging Market indices, having initial margin requirements of $222 million and $90 million, (ii) the 2-year, 5-year and 10-year U.S. Treasury Notes on U.S. Treasury bonds and ultra-long bonds, having initial margin requirements of $103 million and $196 million, and (iii) the Euro Stoxx, FTSE 100, Topix, ASX 200 and EAFE indices as well as corresponding currency futures on the Euro/U.S. dollar, Pound/U.S. dollar, Australian dollar/U.S. dollar, and Yen/U.S. dollar, having initial margin requirements of $16 million and $16 million.
Collateral Arrangements
The Company generally has executed a CSA under the ISDA Master Agreement it maintains with each of its OTC derivative counterparties that requires both posting and accepting collateral either in the form of cash or high-quality securities, such as U.S. Treasury securities, U.S. government and government agency securities and investment grade corporate bonds. The Company nets the fair value of all derivative financial instruments with counterparties for which an ISDA Master Agreement and related CSA have been executed. As of December 31, 2022 and 2021, respectively, the Company held $4.5 billion and $6.2 billion in cash and securities collateral delivered by trade counterparties, representing the fair value of the related derivative agreements. The unrestricted cash collateral is reported in other invested assets. The Company posted collateral of $142 million and $178 million as of December 31, 2022 and 2021, respectively, in the normal operation of its collateral arrangements. The Company is exposed to losses in the event of non-performance by counterparties to financial derivative transactions with a positive fair value. The Company manages credit risk by: (i) entering into derivative transactions with highly rated major international financial institutions and other creditworthy counterparties governed by master netting agreements, as applicable; (ii) trading through central clearing and OTC parties; (iii) obtaining collateral, such as cash and securities, when appropriate; and (iv) setting limits on single party credit exposures which are subject to periodic management review.
Substantially all of the Company’s derivative agreements have zero thresholds which require daily full collateralization by the party in a liability position. In addition, certain of the Company’s derivative agreements contain credit-risk related contingent features; if the credit rating of one of the parties to the derivative agreement is
EQUITABLE FINANCIAL LIFE INSURANCE COMPANY
Notes to Consolidated Financial Statements, Continued
to fall below a certain level, the party with positive fair value could request termination at the then fair value or demand immediate full collateralization from the party whose credit rating fell and is in a net liability position.
As of December 31, 2022 and 2021 there were no net liability derivative positions with counterparties with credit risk-related contingent features whose credit rating has fallen. All derivatives have been appropriately collateralized by the Company or the counterparty in accordance with the terms of the derivative agreements.
The following tables presents information about the Company’s offsetting of financial assets and liabilities and derivative instruments as of December 31, 2022 and 2021:
Offsetting of Financial Assets and Liabilities and Derivative Instruments
As of December 31, 2022
| | | | | | | | | | | | | | | | | | | | | | | | | | | | | |
| Gross Amount Recognized | | Gross Amount Offset in the Balance Sheets | | Net Amount Presented in the Balance Sheets | | Gross Amount not Offset in the Balance Sheets (1) | | Net Amount |
| (in millions) |
Assets: | | | | | | | | | |
Derivative assets | $ | 8,024 | | | $ | 6,980 | | | $ | 1,044 | | | $ | (848) | | | $ | 196 | |
Other financial assets | 1,791 | | | — | | | 1,791 | | | — | | | 1,791 | |
Other invested assets | $ | 9,815 | | | $ | 6,980 | | | $ | 2,835 | | | $ | (848) | | | $ | 1,987 | |
| | | | | | | | | |
Liabilities: | | | | | | | | | |
Derivative liabilities | $ | 7,577 | | | $ | 6,980 | | | $ | 597 | | | $ | — | | | $ | 597 | |
Other financial liabilities | 4,588 | | | — | | | 4,588 | | | — | | | 4,588 | |
Other liabilities | $ | 12,165 | | | $ | 6,980 | | | $ | 5,185 | | | $ | — | | | $ | 5,185 | |
| | | | | | | | | |
______________
(1)Financial instruments sent (held).
As of December 31, 2021
| | | | | | | | | | | | | | | | | | | | | | | | | | | | | |
| Gross Amount Recognized | | Gross Amount Offset in the Balance Sheets | | Net Amount Presented in the Balance Sheets | | Gross Amount not Offset in the Balance Sheets (1) | | Net Amount |
| (in millions) |
Assets: | | | | | | | | | |
Derivative assets | $ | 12,309 | | | $ | 10,724 | | | $ | 1,585 | | | $ | (961) | | | $ | 624 | |
Other financial assets | 1,325 | | | — | | | 1,325 | | | — | | | 1,325 | |
Other invested assets | $ | 13,634 | | | $ | 10,724 | | | $ | 2,910 | | | $ | (961) | | | $ | 1,949 | |
| | | | | | | | | |
Liabilities: | | | | | | | | | |
Derivative liabilities | $ | 10,738 | | | $ | 10,724 | | | $ | 14 | | | $ | — | | | $ | 14 | |
Other financial liabilities | 3,502 | | | — | | | 3,502 | | | — | | | 3,502 | |
Other liabilities | $ | 14,240 | | | $ | 10,724 | | | $ | 3,516 | | | $ | — | | | $ | 3,516 | |
______________
(1)Financial instruments sent (held).
EQUITABLE FINANCIAL LIFE INSURANCE COMPANY
Notes to Consolidated Financial Statements, Continued
5) CLOSED BLOCK
As a result of demutualization, the Company’s Closed Block was established in 1992 for the benefit of certain individual participating policies that were in force on that date. Assets, liabilities and earnings of the Closed Block are specifically identified to support its participating policyholders.
Assets allocated to the Closed Block inure solely to the benefit of the Closed Block policyholders and will not revert to the benefit of the Company. No reallocation, transfer, borrowing or lending of assets can be made between the Closed Block and other portions of the Company’s General Account, any of its Separate Accounts or any affiliate of the Company without the approval of the NYDFS. Closed Block assets and liabilities are carried on the same basis as similar assets and liabilities held in the General Account.
The excess of Closed Block liabilities over Closed Block assets (adjusted to exclude the impact of related amounts in AOCI) represents the expected maximum future post-tax earnings from the Closed Block that would be recognized in income from continuing operations over the period the policies and contracts in the Closed Block remain in force. As of January 1, 2001, the Company has developed an actuarial calculation of the expected timing of the Closed Block’s earnings.
If the actual cumulative earnings from the Closed Block are greater than the expected cumulative earnings, only the expected earnings will be recognized in net income. Actual cumulative earnings in excess of expected cumulative earnings at any point in time are recorded as a policyholder dividend obligation because they will ultimately be paid to Closed Block policyholders as an additional policyholder dividend unless offset by future performance that is less favorable than originally expected. If a policyholder dividend obligation has been previously established and the actual Closed Block earnings in a subsequent period are less than the expected earnings for that period, the policyholder dividend obligation would be reduced (but not below zero). If, over the period the policies and contracts in the Closed Block remain in force, the actual cumulative earnings of the Closed Block are less than the expected cumulative earnings, only actual earnings would be recognized in income from continuing operations. If the Closed Block has insufficient funds to make guaranteed policy benefit payments, such payments will be made from assets outside the Closed Block.
Many expenses related to Closed Block operations, including amortization of DAC, are charged to operations outside of the Closed Block; accordingly, net revenues of the Closed Block do not represent the actual profitability of the Closed Block operations. Operating costs and expenses outside of the Closed Block are, therefore, disproportionate to the business outside of the Closed Block.
EQUITABLE FINANCIAL LIFE INSURANCE COMPANY
Notes to Consolidated Financial Statements, Continued
Summarized financial information for the Company’s Closed Block is as follows:
| | | | | | | | | | | |
| December 31, |
| 2022 | | 2021 |
| (in millions) |
Closed Block Liabilities: | | | |
Future policy benefits, policyholders’ account balances and other | $ | 5,692 | | | $ | 5,930 | |
Policyholder dividend obligation | — | | | — | |
Other liabilities | 68 | | | 53 | |
Total Closed Block liabilities | 5,760 | | | 5,983 | |
| | | |
Assets Designated to the Closed Block: | | | |
Fixed maturities AFS, at fair value (amortized cost of $3,171 and $3,185) (allowance for credit losses of $0 and $0) | 2,948 | | | 3,390 | |
Mortgage loans on real estate (net of allowance for credit losses of $4 and $4) | 1,645 | | | 1,771 | |
Policy loans | 569 | | | 602 | |
Cash and other invested assets | — | | | 61 | |
Other assets | 187 | | | 78 | |
Total assets designated to the Closed Block | 5,349 | | | 5,902 | |
| | | |
Excess of Closed Block liabilities over assets designated to the Closed Block | 411 | | | 81 | |
Amounts included in AOCI: | | | |
Net unrealized investment gains (losses), net of policyholders’ dividend obligation: $0 and $0; and net of income tax: $47 and $(43) | (177) | | | 172 | |
Maximum future earnings to be recognized from Closed Block assets and liabilities | $ | 234 | | | $ | 253 | |
The Company’s Closed Block revenues and expenses were as follows:
| | | | | | | | | | | | | | | | | | | | | |
| | | Year Ended December 31, |
| | | | | 2022 | | 2021 | | 2020 |
| | | | | (in millions) |
Revenues: | | | | | | | | | |
Premiums and other income | | | | | $ | 125 | | | $ | 144 | | | $ | 157 | |
Net investment income (loss) | | | | | 221 | | | 237 | | | 251 | |
Investment gains (losses), net | | | | | (3) | | | 4 | | | — | |
Total revenues | | | | | 343 | | | 385 | | | 408 | |
| | | | | | | | | |
Benefits and Other Deductions: | | | | | | | | | |
Policyholders’ benefits and dividends | | | | | 330 | | | 375 | | | 399 | |
Other operating costs and expenses | | | | | 2 | | | 3 | | | 1 | |
Total benefits and other deductions | | | | | 332 | | | 378 | | | 400 | |
Net income (loss), before income taxes | | | | | 11 | | | 7 | | | 8 | |
Income tax (expense) benefit | | | | | 3 | | | (3) | | | (2) | |
Net income (loss) | | | | | $ | 14 | | | $ | 4 | | | $ | 6 | |
A reconciliation of the Company’s policyholder dividend obligation follows:
EQUITABLE FINANCIAL LIFE INSURANCE COMPANY
Notes to Consolidated Financial Statements, Continued
| | | | | | | | | | | | | | | | | | | | | |
| | | Year Ended December 31, |
| | | | | 2022 | | 2021 | | 2020 |
| | | | | (in millions) |
Beginning balance | | | | | $ | — | | | $ | 160 | | | $ | 2 | |
Unrealized investment gains (losses) | | | | | — | | | (160) | | | 158 | |
Ending balance | | | | | $ | — | | | $ | — | | | $ | 160 | |
| | | | | | | | | |
| | | | | | | | | |
| | | | | | | | | |
| | | | | | | | | |
6) DAC AND OTHER DEFERRED ASSETS/LIABILITIES
Changes in the DAC asset for the years ended December 31, 2022, and 2021 were as follows:
| | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | |
| | | | | | | | | | |
| | | | | | | | | | |
| Term | UL | VUL | IUL | GMxB Core | EI | IE | SCS | GMxB Legacy | | EG | Momentum | | CB (1) | Total |
| (in millions) |
Balance beginning of the year | $ | 385 | | $ | 14 | | $ | 50 | | $ | — | | $ | 1,639 | | $ | 156 | | $ | 121 | | $ | 1,070 | | $ | 209 | | | $ | 678 | | $ | 94 | | | $ | 138 | | $ | 4,554 | |
Capitalization | 18 | | 7 | | 67 | | — | | 82 | | 12 | | 39 | | 365 | | 27 | | | 74 | | 14 | | | — | | 705 | |
Amortization (2) | (41) | | (1) | | (5) | | — | | (136) | | (12) | | (13) | | (169) | | (23) | | | (41) | | (19) | | | (11) | | (471) | |
Balance, December 31, 2022 | $ | 362 | | $ | 20 | | $ | 112 | | $ | — | | $ | 1,585 | | $ | 156 | | $ | 147 | | $ | 1,266 | | $ | 213 | | | $ | 711 | | $ | 89 | | | $ | 127 | | $ | 4,788 | |
(1) CB” defined as Closed Block
(2) DAC amortization of $2 million related to Other not reflected in table above.
| | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | |
| | | | | | | | | | |
| Term | UL | VUL | IUL | GMxB Core | EI | IE | SCS | | GMxB Legacy | EG | Momentum | | CB (1) | Total |
| (in millions) |
Balance beginning of the year | $ | 403 | | $ | 5 | | $ | 6 | | $ | — | | $ | 1,646 | | $ | 154 | | $ | 94 | | $ | 855 | | | $ | 200 | | $ | 634 | | $ | 101 | | | $ | 150 | | $ | 4,248 | |
Capitalization | 26 | | 10 | | 46 | | — | | 127 | | 15 | | 38 | | 350 | | | 30 | | 85 | | 16 | | | — | | 743 | |
Amortization (2) | (44) | | (1) | | (2) | | — | | (134) | | (13) | | (11) | | (135) | | | (21) | | (41) | | (23) | | | (12) | | (437) | |
Balance, December 31, 2021 | $ | 385 | | $ | 14 | | $ | 50 | | $ | — | | $ | 1,639 | | $ | 156 | | $ | 121 | | $ | 1,070 | | | $ | 209 | | $ | 678 | | $ | 94 | | | $ | 138 | | $ | 4,554 | |
(1) CB” defined as Closed Block
(2) DAC amortization of $2 million related to Other not reflected in table above.
Prior to the Company’s adoption of ASU 2018-12 effective January 1, 2021, changes in the DAC asset for the year ended 2020 were as follows:
| | | | | | | | | | | |
| | | | Year Ended December 31, |
| | | | | 2020 |
| | | | (in millions) |
Balance, beginning of year | | | | | $ | 4,225 | |
Capitalization of commissions, sales and issue expenses | | | | | 564 | |
Amortization: | | | | | |
Impact of assumptions updates and model changes | | | | | (866) | |
All other | | | | | (467) | |
Total amortization | | | | | (1,333) | |
Change in unrealized investment gains and losses | | | | | 360 | |
| | | | | |
Balance, end of year | | | | | $ | 3,816 | |
EQUITABLE FINANCIAL LIFE INSURANCE COMPANY
Notes to Consolidated Financial Statements, Continued
Changes in the Sales Inducement Assets for the years ended December 31, 2022 and 2021 were as follows:
| | | | | | | | | | | | | | | | | | | | | | | | |
| | | December 31, 2022 | December 31, 2021 |
| | | GMxB Core | | GMxB Legacy | GMxB Core | | GMxB Legacy | | |
| | | (in millions) | | |
| | | | | | | | | | |
Balance beginning of the year | | | $ | 147 | | | $ | 222 | | $ | 158 | | | $ | 246 | | | |
Capitalization | | | 2 | | | — | | 2 | | | — | | | |
Amortization | | | (12) | | | (22) | | (13) | | | (24) | | | |
Balance, end of the year | | | $ | 137 | | | $ | 200 | | $ | 147 | | | $ | 222 | | | |
Changes in the Unearned Revenue Liability for the years ended December 31, 2022 and 2021 were as follows:
| | | | | | | | | | | | | | | | | | | | | | | | | | | | | | |
| December 31, 2022 | | December 31, 2021 | |
| UL | | VUL | | IUL | | UL | VUL | IUL | |
| (in millions) |
Balance beginning of the year | $ | 80 | | | $ | 501 | | | $ | — | | | $ | 60 | | $ | 481 | | $ | — | | |
Capitalization | 21 | | | 56 | | | — | | | 25 | | 53 | | — | | |
Amortization | (6) | | | (32) | | | — | | | (5) | | (33) | | — | | |
Balance, end of the year | $ | 95 | | | $ | 525 | | | $ | — | | | $ | 80 | | $ | 501 | | $ | — | | |
Prior to the Company’s adoption of ASU 2018-12 effective January 1, 2021, changes in the Sales Inducement Assets asset for the year ended 2020 were as follows:
| | | | | | | | | |
| | | | | Year Ended December 31, |
| | | | | 2020 |
| | | | | (in millions) |
Balance, beginning of year | | | | | $ | 431 | |
| | | | | |
Amortization charged to income | | | | | (26) | |
Balance, end of year | | | | | $ | 405 | |
The following table presents a reconciliation of DAC to the consolidated balance sheet as of December 31, 2022 and 2021.
EQUITABLE FINANCIAL LIFE INSURANCE COMPANY
Notes to Consolidated Financial Statements, Continued
| | | | | | | | | | | | |
| Years Ended December 31, |
| 2022 | | 2021 | |
| (in millions) |
Term | $ | 362 | | | $ | 385 | | |
UL | 20 | | | 14 | | |
VUL | 112 | | | 50 | | |
IUL | — | | | — | | |
GMxB Core | 1,585 | | | 1,639 | | |
EQUI-VEST Individual | 156 | | | 156 | | |
Investment Edge | 147 | | | 121 | | |
SCS | 1,266 | | | 1,070 | | |
EQUI-VEST Group | 711 | | | 678 | | |
Momentum | 89 | | | 94 | | |
Closed Block | 127 | | | 138 | | |
Legacy Accumulator | 213 | | | 209 | | |
Other | 26 | | | 31 | | |
Total | $ | 4,814 | | | $ | 4,585 | | |
Annually, or as circumstances warrant, we will review the associated decrements assumptions. (i.e. mortality and lapse) based on our multi-year average of companies experience with actuarial judgements to reflect other observable industry trends. In addition to DAC, the Unearned Revenue Liability and Sales Inducement Asset (“SIA”) use similar techniques and quarterly update processes for balance amortization.
During the third quarter of 2022 and 2021, we completed our annual assumption update and the impact to the current period amortization of DAC and DAC like balances due to the new assumptions is immaterial. There were as no other material changes to the inputs, judgements or calculation processes used in the DAC calculation this period or year.
7) FAIR VALUE DISCLOSURES
U.S. GAAP establishes a fair value hierarchy that requires an entity to maximize the use of observable inputs and minimize the use of unobservable inputs when measuring fair value, and identifies three levels of inputs that may be used to measure fair value:
Level 1 Unadjusted quoted prices for identical instruments in active markets. Level 1 fair values generally are supported by market transactions that occur with sufficient frequency and volume to provide pricing information on an ongoing basis.
Level 2 Observable inputs other than Level 1 prices, such as quoted prices for similar instruments, quoted prices in markets that are not active, and inputs to model-derived valuations that are directly observable or can be corroborated by observable market data.
Level 3 Unobservable inputs supported by little or no market activity and often requiring significant management judgment or estimation, such as an entity’s own assumptions about the cash flows or other significant components of value that market participants would use in pricing the asset or liability.
The Company uses unadjusted quoted market prices to measure fair value for those instruments that are actively traded in financial markets. In cases where quoted market prices are not available, fair values are measured using present value or other valuation techniques. The fair value determinations are made at a specific point in time, based on available market information and judgments about the financial instrument, including estimates of the timing and amount of expected future cash flows and the credit standing of counterparties. Such adjustments do not reflect any premium or discount that could result from offering for sale at one time the Company’s entire holdings of a particular financial instrument, nor do they consider the tax impact of the realization of unrealized gains or losses. In many cases, the fair value cannot be substantiated by direct comparison to independent markets, nor can the disclosed value be realized in immediate settlement of the instrument.
EQUITABLE FINANCIAL LIFE INSURANCE COMPANY
Notes to Consolidated Financial Statements, Continued
Management is responsible for the determination of the value of investments carried at fair value and the supporting methodologies and assumptions. Under the terms of various service agreements, the Company often utilizes independent valuation service providers to gather, analyze, and interpret market information and derive fair values based upon relevant methodologies and assumptions for individual securities. These independent valuation service providers typically obtain data about market transactions and other key valuation model inputs from multiple sources and, through the use of widely accepted valuation models, provide a single fair value measurement for individual securities for which a fair value has been requested. As further described below with respect to specific asset classes, these inputs include, but are not limited to, market prices for recent trades and transactions in comparable securities, benchmark yields, interest rate yield curves, credit spreads, quoted prices for similar securities, and other market-observable information, as applicable. Specific attributes of the security being valued also are considered, including its term, interest rate, credit rating, industry sector, and when applicable, collateral quality and other security- or issuer-specific information. When insufficient market observable information is available upon which to measure fair value, the Company either will request brokers knowledgeable about these securities to provide a non-binding quote or will employ internal valuation models. Fair values received from independent valuation service providers and brokers and those internally modeled or otherwise estimated are assessed for reasonableness.
Assets and Liabilities Measured at Fair Value on a Nonrecurring Basis
Fair value measurements are required on a non-recurring basis for certain assets only when an impairment or other events occur. As of December 31, 2022 and 2021, no assets or liabilities were required to be measured at fair value on a non-recurring basis.
Assets and Liabilities Measured at Fair Value on a Recurring Basis
Assets and liabilities measured at fair value on a recurring basis are summarized below.
EQUITABLE FINANCIAL LIFE INSURANCE COMPANY
Notes to Consolidated Financial Statements, Continued
Fair Value Measurements as of December 31, 2022
| | | | | | | | | | | | | | | | | | | | | | | |
| Level 1 | | Level 2 | | Level 3 | | Total |
| (in millions) |
Assets: | | | | | | | |
Investments: | | | | | | | |
Fixed maturities, AFS: | | | | | | | |
Corporate (1) | $ | — | | | $ | 37,360 | | | $ | 2,103 | | | $ | 39,463 | |
U.S. Treasury, government and agency | — | | | 5,738 | | | — | | | 5,738 | |
States and political subdivisions | — | | | 442 | | | 29 | | | 471 | |
Foreign governments | — | | | 836 | | | — | | | 836 | |
Residential mortgage-backed (2) | — | | | 777 | | | — | | | 777 | |
Asset-backed (3) | — | | | 8,449 | | | — | | | 8,449 | |
Commercial mortgage-backed | — | | | 3,138 | | | 32 | | | 3,170 | |
Redeemable preferred stock | — | | | 43 | | | — | | | 43 | |
Total fixed maturities, AFS | — | | | 56,783 | | | 2,164 | | | 58,947 | |
Other equity investments | 137 | | | 478 | | | 12 | | | 627 | |
Trading securities | 160 | | | 123 | | | — | | | 283 | |
Other invested assets: | | | | | | | |
Short-term investments | — | | | 485 | | | — | | | 485 | |
Assets of consolidated VIEs/VOEs | — | | | — | | | 5 | | | 5 | |
Swaps | — | | | (416) | | | — | | | (416) | |
Credit default swaps | — | | | (2) | | | — | | | (2) | |
Options | — | | | 4,153 | | | — | | | 4,153 | |
Total other invested assets | — | | | 4,220 | |
| 5 | |
| 4,225 | |
Cash equivalents | 397 | | | 258 | | | — | | | 655 | |
Purchased market risk benefits | — | | | — | | | 10,490 | | | 10,490 | |
Assets for market risk benefits | — | | | — | | | 478 | | | 478 | |
Separate Accounts assets (4) | 108,378 | | | 2,429 | | | 1 | | | 110,808 | |
Total Assets | $ | 109,072 | | | $ | 64,291 | | | $ | 13,150 | | | $ | 186,513 | |
| | | | | | | |
Liabilities: | | | | | | | |
SCS, SIO, MSO and IUL indexed features’ liability | — | | | 4,077 | | | — | | | 4,077 | |
Liabilities for market risk benefits | — | | | — | | | 15,751 | | | 15,751 | |
Total Liabilities | $ | — | | | $ | 4,077 | | | $ | 15,751 | | | $ | 19,828 | |
______________
(1)Corporate fixed maturities includes both public and private issues.
(2)Includes publicly traded agency pass-through securities and collateralized obligations.
(3)Includes credit-tranched securities collateralized by sub-prime mortgages, credit risk transfer securities and other asset types.
(4)Separate Accounts assets included in the fair value hierarchy exclude investments in entities that calculate NAV per share (or its equivalent) as a practical expedient. Such investments excluded from the fair value hierarchy include investments in real estate. As of December 31, 2022 the fair value of such investments was $456 million.
EQUITABLE FINANCIAL LIFE INSURANCE COMPANY
Notes to Consolidated Financial Statements, Continued
Fair Value Measurements as of December 31, 2021
| | | | | | | | | | | | | | | | | | | | | | | |
| Level 1 | | Level 2 | | Level 3 | | Total |
| (in millions) |
Assets: | | | | | | | |
Investments: | | | | | | | |
Fixed maturities, AFS: | | | | | | | |
Corporate (1) | $ | — | | | $ | 46,231 | | | $ | 1,493 | | | $ | 47,724 | |
U.S. Treasury, government and agency | — | | | 15,214 | | | — | | | 15,214 | |
States and political subdivisions | — | | | 562 | | | 35 | | | 597 | |
Foreign governments | — | | | 1,152 | | | — | | | 1,152 | |
Residential mortgage-backed (2) | — | | | 90 | | | — | | | 90 | |
Asset-backed (3) | — | | | 5,897 | | | 8 | | | 5,905 | |
Commercial mortgage-backed | — | | | 2,321 | | | 20 | | | 2,341 | |
Redeemable preferred stock | — | | | 53 | | | — | | | 53 | |
Total fixed maturities, AFS | — | | | 71,520 | | | 1,556 | | | 73,076 | |
Other equity investments | 243 | | | 434 | | | 5 | | | 682 | |
Trading securities | 193 | | | 186 | | | — | | | 379 | |
Other invested assets: | | | | | | | |
Short-term investments | — | | | — | | | — | | | — | |
Assets of consolidated VIEs/VOEs | — | | | — | | | 8 | | | 8 | |
Swaps | — | | | (469) | | | — | | | (469) | |
Credit default swaps | — | | | (1) | | | — | | | (1) | |
Options | — | | | 6,956 | | | — | | | 6,956 | |
Total other invested assets | — | | | 6,486 | | | 8 | | | 6,494 | |
Cash equivalents | 1,109 | | | 273 | | | — | | | 1,382 | |
Purchased market risk benefits | — | | | — | | | 14,293 | | | 14,293 | |
Assets for market risk benefits | — | | | — | | | 317 | | | 317 | |
Separate Accounts assets (4) | 140,740 | | | 2,565 | | | 1 | | | 143,306 | |
Total Assets | $ | 142,285 | | | $ | 81,464 | | | $ | 16,180 | | | $ | 239,929 | |
| | | | | | | |
Liabilities: | | | | | | | |
| | | | | | | |
SCS, SIO, MSO and IUL indexed features’ liability | — | | | 6,641 | | | — | | | 6,641 | |
Liabilities for market risk benefits | — | | | — | | | 21,672 | | | 21,672 | |
Total Liabilities | $ | — | | | $ | 6,641 | | | $ | 21,672 | | | $ | 28,313 | |
______________
(1)Corporate fixed maturities includes both public and private issues.
(2)Includes publicly traded agency pass-through securities and collateralized obligations.
(3)Includes credit-tranched securities collateralized by sub-prime mortgages and other asset types and credit tenant loans.
(4)Separate Accounts assets included in the fair value hierarchy exclude investments in entities that calculate NAV per share (or its equivalent) as a practical expedient. Such investments excluded from the fair value hierarchy include investments in real estate and commercial mortgages. As of December 31, 2021 the fair value of such investments was $404 million.
Public Fixed Maturities
The fair values of the Company’s public fixed maturities are generally based on prices obtained from independent valuation service providers and for which the Company maintains a vendor hierarchy by asset type based on historical pricing experience and vendor expertise. Although each security generally is priced by multiple independent valuation service providers, the Company ultimately uses the price received from the independent valuation service provider highest in the vendor hierarchy based on the respective asset type, with limited exception. To validate reasonableness, prices also are internally reviewed by those with relevant expertise through comparison with directly observed recent
EQUITABLE FINANCIAL LIFE INSURANCE COMPANY
Notes to Consolidated Financial Statements, Continued
market trades. Consistent with the fair value hierarchy, public fixed maturities validated in this manner generally are reflected within Level 2, as they are primarily based on observable pricing for similar assets and/or other market observable inputs.
Private Fixed Maturities
The fair values of the Company’s private fixed maturities are determined from prices obtained from independent valuation service providers. Prices not obtained from an independent valuation service provider are determined by using a discounted cash flow model or a market comparable company valuation technique. In certain cases, these models use observable inputs with a discount rate based upon the average of spread surveys collected from private market intermediaries who are active in both primary and secondary transactions, taking into account, among other factors, the credit quality and industry sector of the issuer and the reduced liquidity associated with private placements. Generally, these securities have been reflected within Level 2. For certain private fixed maturities, the discounted cash flow model or a market comparable company valuation technique may also incorporate unobservable inputs, which reflect the Company’s own assumptions about the inputs market participants would use in pricing the asset. To the extent management determines that such unobservable inputs are significant to the fair value measurement of a security, a Level 3 classification generally is made.
Freestanding Derivative Positions
The net fair value of the Company’s freestanding derivative positions as disclosed in Note 4 of the Notes to these Consolidated Financial Statements are generally based on prices obtained either from independent valuation service providers or derived by applying market inputs from recognized vendors into industry standard pricing models. The majority of these derivative contracts are traded in the OTC derivative market and are classified in Level 2. The fair values of derivative assets and liabilities traded in the OTC market are determined using quantitative models that require use of the contractual terms of the derivative instruments and multiple market inputs, including interest rates, prices, and indices to generate continuous yield or pricing curves, including overnight index swap curves, and volatility factors, which then are applied to value the positions. The predominance of market inputs is actively quoted and can be validated through external sources or reliably interpolated if less observable.
Level Classifications of the Company’s Financial Instruments
Financial Instruments Classified as Level 1
Investments classified as Level 1 primarily include redeemable preferred stock, trading securities, cash equivalents and Separate Accounts assets. Fair value measurements classified as Level 1 include exchange-traded prices of fixed maturities, equity securities and derivative contracts, and net asset values for transacting subscriptions and redemptions of mutual fund shares held by Separate Accounts. Cash equivalents classified as Level 1 include money market accounts, overnight commercial paper and highly liquid debt instruments purchased with an original maturity of three months or less and are carried at cost as a proxy for fair value measurement due to their short-term nature.
Financial Instruments Classified as Level 2
Investments classified as Level 2 are measured at fair value on a recurring basis and primarily include U.S. government and agency securities and certain corporate debt securities, such as public and private fixed maturities. As market quotes generally are not readily available or accessible for these securities, their fair value measures are determined utilizing relevant information generated by market transactions involving comparable securities and often are based on model pricing techniques that effectively discount prospective cash flows to present value using appropriate sector-adjusted credit spreads commensurate with the security’s duration, also taking into consideration issuer-specific credit quality and liquidity.
Observable inputs generally used to measure the fair value of securities classified as Level 2 include benchmark yields, reported secondary trades, issuer spreads, benchmark securities and other reference data. Additional observable inputs are used when available, and as may be appropriate, for certain security types, such as prepayment, default, and collateral information for the purpose of measuring the fair value of mortgage- and asset-backed securities. The Company’s AAA-rated mortgage- and asset-backed securities are classified as Level 2 for which the observability of market inputs to their pricing models is supported by sufficient, albeit more recently contracted, market activity in these sectors.
Certain Company products, such as the SCS, EQUI-VEST variable annuity products, IUL and the MSO fund available in some life contracts offer investment options which permit the contract owner to participate in the performance of an
EQUITABLE FINANCIAL LIFE INSURANCE COMPANY
Notes to Consolidated Financial Statements, Continued
index, ETF or commodity price. These investment options, which depending on the product and on the index selected can currently have one, three, five or six year terms, provide for participation in the performance of specified indices, ETF or commodity price movement up to a segment-specific declared maximum rate. Under certain conditions that vary by product, e.g., holding these segments for the full term, these segments also shield policyholders from some or all negative investment performance associated with these indices, ETF or commodity prices. These investment options have defined formulaic liability amounts, and the current values of the option component of these segment reserves are classified as Level 2 embedded derivatives. The fair values of these embedded derivatives are based on data obtained from independent valuation service providers.
Financial Instruments Classified as Level 3
The Company’s investments classified as Level 3 primarily include corporate debt securities, such as private fixed maturities and asset-backed securities. Determinations to classify fair value measures within Level 3 of the valuation hierarchy generally are based upon the significance of the unobservable factors to the overall fair value measurement. Included in the Level 3 classification are fixed maturities with indicative pricing obtained from brokers that otherwise could not be corroborated to market observable data.
The Company has certain variable annuity contracts with GMDB, GMIB, GIB and GWBL and other features in-force that guarantee one of the following:
•Return of Premium: the benefit is the greater of current account value or premiums paid (adjusted for withdrawals);
•Ratchet: the benefit is the greatest of current account value, premiums paid (adjusted for withdrawals), or the highest account value on any anniversary up to contractually specified ages (adjusted for withdrawals);
•Roll-Up: the benefit is the greater of current account value or premiums paid (adjusted for withdrawals) accumulated at contractually specified interest rates up to specified ages;
•Combo: the benefit is the greater of the ratchet benefit or the roll-up benefit, which may include either a five year or an annual reset; or
•Withdrawal: the withdrawal is guaranteed up to a maximum amount per year for life.
The Company also issues certain benefits on its variable annuity products that are accounted for as market risk benefits carried at fair value and are also considered Level 3 for fair value leveling.
The GMIBNLG feature allows the policyholder to receive guaranteed minimum lifetime annuity payments based on predetermined annuity purchase rates applied to the contract’s benefit base if and when the contract account value is depleted and the NLG feature is activated. The optional GMIB feature allows the policyholder to receive guaranteed minimum lifetime annuity payments based on predetermined annuity purchase rates.
The GMWB feature allows the policyholder to withdraw at minimum, over the life of the contract, an amount based on the contract’s benefit base. The GWBL feature allows the policyholder to withdraw, each year for the life of the contract, a specified annual percentage of an amount based on the contract’s benefit base. The GMAB feature increases the contract account value at the end of a specified period to a GMAB base. The GIB feature provides a lifetime annuity based on predetermined annuity purchase rates if and when the contract account value is depleted. This lifetime annuity is based on predetermined annuity purchase rates applied to a GIB base. The GMDB feature guarantees that the benefit paid upon death will not be less than a guaranteed benefit base. If the contract’s account value is less than the benefit base at the time a death claim is paid, the amount payable will be equal to the benefit base.
The market risk benefits fair value will be equal to the present value of benefits less the present value of ascribed fees. Considerable judgment is utilized by management in determining the assumptions used in determining present value of benefits and ascribed fees related to lapse rates, withdrawal rates, utilization rates, non-performance risk, volatility rates, annuitization rates and mortality (collectively, the significant MRB assumptions).
Purchased MRB assets, which are accounted for as market risk benefits carried at fair value are also considered Level 3 for fair value leveling. The Purchased MRB asset fair value reflects the present value of reinsurance premiums, net of recoveries, adjusted for risk margins and nonperformance risk over a range of market consistent economic scenarios while the MRB asset and liability reflects the present value of expected future payments (benefits) less fees, adjusted
EQUITABLE FINANCIAL LIFE INSURANCE COMPANY
Notes to Consolidated Financial Statements, Continued
for risk margins and nonperformance risk, attributable to the MRB liability over a range of market-consistent economic scenarios.
The valuations of the Purchased MRB assets incorporate significant non-observable assumptions related to policyholder behavior, risk margins and projections of equity Separate Accounts funds. The credit risks of the counterparty and of the Company are considered in determining the fair values of its Purchased MRB asset after taking into account the effects of collateral arrangements. Incremental adjustment to the risk free curve for counterparty non-performance risk is made to the fair values of the Purchased MRB assets. Risk margins were applied to the non-capital markets inputs to the Purchased MRB valuations.
After giving consideration to collateral arrangements, the Company reduced the fair value of its Purchased MRB asset by $1.1 billion and $1.6 billion as of December 31, 2022 and December 31, 2021, respectively, to recognize incremental counterparty non-performance risk.
The Company’s consolidated VIEs/VOEs hold investments that are classified as Level 3, primarily corporate bonds that are vendor priced with no ratings available, bank loans, non-agency collateralized mortgage obligations and asset-backed securities.
Transfers of Financial Instruments Between Levels 2 and 3
During the year ended December 31, 2022, fixed maturities with fair values of $121 million were transferred out of Level 3 and into Level 2 principally due to the availability of trading activity and/or market observable inputs to measure and validate their fair values. In addition, fixed maturities with fair value of $168 million were transferred from Level 2 into the Level 3 classification. These transfers in the aggregate represent approximately 26.9% of total equity as of December 31, 2022.
During the year ended December 31, 2021, fixed maturities with fair values of $713 million were transferred out of Level 3 and into Level 2 principally due to the availability of trading activity and/or market observable inputs to measure and validate their fair values. In addition, fixed maturities with fair value of $27 million were transferred from Level 2 into the Level 3 classification. These transfers in the aggregate represent approximately 9.9% of total equity as of December 31, 2021.
The tables below present reconciliations for all Level 3 assets and liabilities and changes in unrealized gains (losses) for the years ended December 31, 2022, 2021 and 2020, respectively. Not included below are the changes in balances related to market risk benefits and purchased market risk level 3 assets and liabilities, which are included in Note 9 of the Notes to these Consolidated Financial Statements.
| | | | | | | | | | | | | | | | | | | | | | | | | |
| | | | | | | | | |
| Corporate | | State and Political Subdivisions | | CMBS | | Asset-backed | | |
| (in millions) |
Balance, January 1, 2022 | $ | 1,493 | | | $ | 35 | | | $ | 20 | | | $ | 8 | | | |
Total gains and (losses), realized and unrealized, included in: | | | | | | | | | |
Net income (loss) as: | | | | | | | | | |
Net investment income (loss) | 5 | | | — | | | — | | | — | | | |
Investment gains (losses), net | (5) | | | — | | | — | | | — | | | |
Subtotal | — | | | — | | | — | | | — | | | |
Other comprehensive income (loss) | (157) | | | (5) | | | (2) | | | — | | | |
Purchases | 1,093 | | | — | | | 14 | | | — | | | |
Sales | (379) | | | (1) | | | — | | | (2) | | | |
Activity related to consolidated VIEs/VOEs | — | | | — | | | — | | | — | | | |
Transfers into Level 3 (1) | 168 | | | — | | | — | | | — | | | |
Transfers out of Level 3 (1) | (115) | | | — | | | — | | | (6) | | | |
Balance, December 31, 2022 | $ | 2,103 | | | $ | 29 | | | $ | 32 | | | $ | — | | | |
EQUITABLE FINANCIAL LIFE INSURANCE COMPANY
Notes to Consolidated Financial Statements, Continued
| | | | | | | | | | | | | | | | | | | | | | | | | |
Change in unrealized gains or losses for the period included in earnings for instruments held at the end of the reporting period (2) | $ | — | | | $ | — | | | $ | — | | | $ | — | | | |
Change in unrealized gains or losses for the period included in other comprehensive income for instruments held at the end of the reporting period (2) | $ | (154) | | | $ | (5) | | | $ | (2) | | | $ | — | | | |
| | | | | | | | | |
Balance, January 1, 2021 | $ | 1,687 | | | $ | 39 | | | $ | — | | | $ | 20 | | | |
Total gains and (losses), realized and unrealized, included in: | | | | | | | | | |
Net income (loss) as: | | | | | | | | | |
Net investment income (loss) | 5 | | | — | | | — | | | — | | | |
Investment gains (losses), net | (16) | | | — | | | — | | | — | | | |
Subtotal | (11) | | | — | | | — | | | — | | | |
Other comprehensive income (loss) | 34 | | | (2) | | | — | | | — | | | |
Purchases | 937 | | | — | | | 20 | | | 6 | | | |
Sales | (468) | | | (2) | | | — | | | (18) | | | |
Activity related to consolidated VIEs/VOEs | — | | | — | | | — | | | — | | | |
Transfers into Level 3 (1) | 27 | | | — | | | — | | | — | | | |
Transfers out of Level 3 (1) | (713) | | | — | | | — | | | — | | | |
Balance, December 31, 2021 | $ | 1,493 | | | $ | 35 | | | $ | 20 | | | $ | 8 | | | |
Change in unrealized gains or losses for the period included in earnings for instruments held at the end of the reporting period (2) | $ | — | | | $ | — | | | $ | — | | | $ | — | | | |
Change in unrealized gains or losses for the period included in other comprehensive income for instruments held at the end of the reporting period (2) | $ | 28 | | | $ | (2) | | | $ | — | | | $ | — | | | |
| | | | | | | | | |
Balance, January 1, 2020 | $ | 1,246 | | | $ | 39 | | | $ | — | | | $ | 100 | | | |
Total gains and (losses), realized and unrealized, included in: | | | | | | | | | |
Net income (loss) as: | | | | | | | | | |
Net investment income (loss) | 4 | | | — | | | — | | | — | | | |
Investment gains (losses), net | (16) | | | — | | | — | | | — | | | |
Subtotal | (12) | | | — | | | — | | | — | | | |
Other comprehensive income (loss) | (17) | | | 2 | | | — | | | — | | | |
Purchases | 513 | | | — | | | — | | | 20 | | | |
Sales | (224) | | | (2) | | | — | | | — | | | |
Transfers into Level 3 (1) | 184 | | | — | | | — | | | — | | | |
Transfers out of Level 3 (1) | (3) | | | — | | | — | | | (100) | | | |
Balance, December 31, 2020 | $ | 1,687 | | | $ | 39 | | | $ | — | | | $ | 20 | | | |
Change in unrealized gains or losses for the period included in earnings for instruments held at the end of the reporting period (2) | $ | — | | | $ | — | | | $ | — | | | $ | — | | | |
Change in unrealized gains or losses for the period included in other comprehensive income for instruments held at the end of the reporting period (2) | $ | (18) | | | $ | 2 | | | $ | — | | | $ | — | | | |
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_______________
(1)Transfers into/out of the Level 3 classification are reflected at beginning-of-period fair values.
(2)For instruments held as of December 31, 2022 and 2021, amounts are included in net investment income or net derivative gains (losses) in the consolidated statements of income (loss) or unrealized gains (losses) on investments in the consolidated statements of comprehensive income.
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| | | | | | | | | | | | |
| Other Equity Investments (3) | | | | | | Separate Accounts Assets | | | | | |
| (in millions) | | |
EQUITABLE FINANCIAL LIFE INSURANCE COMPANY
Notes to Consolidated Financial Statements, Continued
| | | | | | | | | | | | | | | | | | | | |
Balance, January 1, 2022 | $ | 13 | | | | | | | $ | 1 | | | | | | |
Realized and unrealized gains (losses), included in Net income (loss) as: | | | | | | | | | | | | |
Investment gains (losses), reported in net investment income | (1) | | | | | | | — | | | | | | |
Net derivative gains (losses) | — | | | | | | | — | | | | | | |
Total realized and unrealized gains (losses) | (1) | |
| | | | | — | | | | | | |
Other comprehensive income (loss) | — | | | | | | | — | | | | | | |
Purchases | 8 | | | | | | | — | | | | | | |
Sales | — | | | | | | | — | | | | | | |
Other | — | | | | | | | — | | | | | | |
Activity related to consolidated VIEs/VOEs | (3) | | | | | | | — | | | | | | |
Transfers into Level 3 (1) | — | | | | | | | — | | | | | | |
Transfers out of Level 3 (1) | — | | | | | | | — | | | | | | |
Balance, December 31, 2022 | $ | 17 | | | | | | | $ | 1 | | | | | | |
Change in unrealized gains or losses for the period included in earnings for instruments held at the end of the reporting period (2) | $ | (1) | | | | | | | $ | — | | | | | | |
Change in unrealized gains or losses for the period included in other comprehensive income for instruments held at the end of the reporting period (2) | $ | — | | | | | | | $ | — | | | | | | |
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Balance, January 1, 2021 | $ | 15 | | | | | | | $ | 1 | | | | | | |
Realized and unrealized gains (losses), included in Net income (loss) as: | | | | | | | | | | | | |
Investment gains (losses), reported in net investment income | 2 | | | | | | | — | | | | | | |
Net derivative gains (losses) | — | | | | | | | — | | | | | | |
Total realized and unrealized gains (losses) | 2 | |
| | | | | — | | | | | | |
Other comprehensive income (loss) | — | | | | | | | — | | | | | | |
Purchases | 1 | | | | | | | 1 | | | | | | |
Sales | (1) | | | | | | | — | | | | | | |
Change in estimate | — | | | | | | | — | | | | | | |
Activity related to consolidated VIEs/VOEs | (4) | | | | | | | — | | | | | | |
Transfers into Level 3 (1) | — | | | | | | | — | | | | | | |
Transfers out of Level 3 (1) | — | | | | | | | (1) | | | | | | |
Balance, December 31, 2021 | $ | 13 | | | | | | | $ | 1 | | | | | | |
Change in unrealized gains or losses for the period included in earnings for instruments held at the end of the reporting period (2) | $ | 2 | | | | | | | $ | — | | | | | | |
Change in unrealized gains or losses for the period included in other comprehensive income for instruments held at the end of the reporting period (2) | $ | — | | | | | | | $ | — | | | | | | |
| | | | | | | | | | | | |
Balance, January 1, 2020 | $ | 16 | | | | | | | $ | — | | | | | | |
Realized and unrealized gains (losses), included in Net income (loss) as: | | | | | | | | | | | | |
Investment gains (losses), reported in net investment income | — | | | | | | | — | | | | | | |
Net derivative gains (losses) | — | | | | | | | — | | | | | | |
Total realized and unrealized gains (losses) | — | | | | | | | — | | | | | | |
Other comprehensive income (loss) | — | | | | | | | — | | | | | | |
Purchases | 3 | | | | | | | 1 | | | | | | |
Sales | — | | | | | | | — | | | | | | |
Settlements | | | | | | | | | | | | |
Other | — | | | | | | | — | | | | | | |
Activity related to consolidated VIEs/VOEs | (4) | | | | | | | — | | | | | | |
Transfers into Level 3 (1) | — | | | | | | | — | | | | | | |
Transfers out of Level 3 (1) | — | | | | | | | — | | | | | | |
Balance, December 31, 2020 | $ | 15 | | | | | | | $ | 1 | | | | | | |
EQUITABLE FINANCIAL LIFE INSURANCE COMPANY
Notes to Consolidated Financial Statements, Continued
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Change in unrealized gains or losses for the period included in earnings for instruments held at the end of the reporting period (2) | $ | — | | | | | | | $ | — | | | | | | |
Change in unrealized gains or losses for the period included in other comprehensive income for instruments held at the end of the reporting period (2) | $ | — | | | | | | | $ | — | | | | | | |
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_______________
(1)Transfers into/out of the Level 3 classification are reflected at beginning-of-period fair values.
(2)For instruments held as of December 31, 2022 and 2021, amounts are included in net investment income or net derivative gains (losses) in the consolidated statements of income (loss) or unrealized gains (losses) on investments in the consolidated statements of comprehensive income.
(3)Other Equity Investments include other invested assets.
Quantitative and Qualitative Information about Level 3 Fair Value Measurements
The following tables disclose quantitative information about Level 3 fair value measurements by category for assets and liabilities as of December 31, 2022 and 2021, respectively.
Quantitative Information about Level 3 Fair Value Measurements as of December 31, 2022
| | | | | | | | | | | | | | | | | | | | | | | | | | | | | |
| Fair Value | | Valuation Technique | | Significant Unobservable Input | | Range | | Weighted Average (2) |
| (Dollars in millions) |
Assets: | | | | | | | | | |
Investments: | | | | | | | | | |
Fixed maturities, AFS: | | | | | | | | | |
Corporate | $ | 413 | | | Matrix pricing model | | Spread over Benchmark | | 20 bps - 797 bps | | 204 bps |
| 1,029 | | | Market comparable companies | | EBITDA multiples Discount Rate Cash flow Multiples Loan to Value | | 5.3x - 35.8x 9.0% - 45.7% 0.0x - 10.3x 0.0% - 40.4% | | 13.6x 11.9% 6.1x 12.0% |
Other equity investments | 4 | | | Market comparable companies | | Revenue multiple | | 0.5x - 10.8x | | 2.4x |
Purchased MRB asset (1) (2) (4) | 10,490 | | | Discounted cash flow | | Lapse rates Withdrawal rates GMIB utilization rates Non-performance risk Volatility rates - Equity Mortality: Ages 0-40 Ages 41-60 Ages 61-115 | | 0.26% - 26.23% 0.06% - 10.93% 0.04% - 66.66% 54 bps - 124 bps 14% - 32% 0.01% - 0.17% 0.06% - 0.52% 0.32% - 40.00% | | 1.58% 0.69% 7.39% 69 bps 24% 2.87% (same for all ages) (same for all ages) |
Liabilities: | | | | | | | | | |
Direct MRB (1) ( 2) (3) (4) | $ | 15,273 | | | Discounted cash flow | | Non-performance risk Lapse rates Withdrawal rates Annuitization rates Mortality : Ages 0-40 Ages 41-60 Ages 61-115 | | 157 bps 0.26% - 35.42% 0.00% - 10.93% 0.04% - 100.00% 0.01% - 0.17% 0.06% - 0.52% 0.32% - 40.00% | | 157 bps 2.97% 0.68% 5.50% 2.41% (same for all ages) (same for all ages) |
______________
(1)Mortality rates vary by age and demographic characteristic such as gender. Mortality rate assumptions are based on a combination of company and industry experience. A mortality improvement assumption is also applied. For any given contract, mortality rates vary throughout the period over which cash flows are projected for purposes of valuating the embedded derivatives.
(2)For lapses, withdrawals, and utilizations the rates were weighted by counts, for mortality weighted average rates are shown for all ages combined and for withdrawals the weighted averages were based on an estimated split of partial withdrawal and dollar-for-dollar withdrawals.
(3)MRB liabilities are shown net of MRB assets. Net amount is made up of $15.8 billion of MRB liabilities and $478 million of MRB assets.
(4)Includes Legacy and Core products.
Quantitative Information about Level 3 Fair Value Measurements as of December 31, 2021
EQUITABLE FINANCIAL LIFE INSURANCE COMPANY
Notes to Consolidated Financial Statements, Continued
| | | | | | | | | | | | | | | | | | | | | | | | | | | | | |
| Fair Value | | Valuation Technique | | Significant Unobservable Input | | Range | | Weighted Average (2) |
| (Dollars in millions) | | |
Assets: | | | | | | | | | |
Investments: | | | | | | | | | |
Fixed maturities, AFS: | | | | | | | | | |
Corporate | $ | 248 | | | Matrix pricing model | | Spread over benchmark | | 20 - 270 bps | | 146 bps |
| 888 | | | Market comparable companies | | EBITDA multiples Discount rate Cash flow multiples Loan to Value | | 4.9x - 62.3x 6.2% - 21.5% 0.5x -10.0x 3.1%-63.4% | | 13.0x 9.1% 5.5x 30.8% |
Other equity investments | 4 | | | Market comparable companies | | Revenue multiple | | 7.8x - 10.3x | | 9.5x |
Purchased MRB asset (1) (2) (4) | 14,293 | | | Discounted cash flow | | Lapse rates Withdrawal rates GMIB utilization rates Non-performance risk Volatility rates - Equity Mortality: Ages 0-40 Ages 41-60 Ages 61-115 | | 0.26% - 26.85% 0.19%-8.34% 0.04%-66.14% 50 bps-93 bps 11%-31% 0.01%-0.17% 0.06%-0.53% 0.31%-40.00% | | 1.30% 1.20% 6.92% 67 bps 24% 2.59% (same for all ages) (same for all ages) |
Liabilities: | | | | | | | | | |
Direct MRB (1) (2) (3) (4) | $ | 21,355 | | | Discounted cash flow | | Non-performance risk Lapse rates Withdrawal rates Annuitization rates Mortality: Ages 0-40 Ages 41 - 60 Ages 61 - 115 | | 111 bps 0.26%-26.85% 0.00%-8.34% 0.04%-100.00% 0.01%-0.17% 0.06%-0.53% 0.31%-40.00% | | 111 bps 1.68% 1.01% 6.40% 2.82% (same for all ages) (same for all ages) |
______________
(1)Mortality rates vary by age and demographic characteristic such as gender and benefits elected with the policy. Mortality rate assumptions are based on a combination of company and industry experience. A mortality improvement assumption is also applied. For any given contract, mortality rates vary throughout the period over which cash flows are projected for purposes of valuating the embedded derivatives.
(2)Lapses and pro-rata withdrawal rates were developed as a function of the policy account value. Dollar for dollar withdrawal rates were developed as a function of the dollar for dollar threshold, the dollar for dollar limit. GMIB utilization rates were developed as a function of the GMIB benefit base.
(3)MRB liabilities are shown net of MRB assets. Net amount is made up of $21.7 billion of MRB liabilities and $317 million of MRB assets.
(4)Includes Legacy and Core products.
Level 3 Financial Instruments for which Quantitative Inputs are Not Available
Certain Privately Placed Debt Securities with Limited Trading Activity
Excluded from the tables above as of December 31, 2022 and 2021, respectively, are approximately $736 million and $430 million of Level 3 fair value measurements of investments for which the underlying quantitative inputs are not developed by the Company and are not readily available. These investments primarily consist of certain privately placed debt securities with limited trading activity, including residential mortgage- and asset-backed instruments, and their fair values generally reflect unadjusted prices obtained from independent valuation service providers and indicative, non-binding quotes obtained from third-party broker-dealers recognized as market participants. Significant increases or decreases in the fair value amounts received from these pricing sources may result in the Company’s reporting significantly higher or lower fair value measurements for these Level 3 investments.
•The fair value of private placement securities is determined by application of a matrix pricing model or a market comparable company value technique. The significant unobservable input to the matrix pricing model valuation technique is the spread over the industry-specific benchmark yield curve. Generally, an increase or decrease in spreads would lead to directionally inverse movement in the fair value measurements of these securities. The significant unobservable input to the market comparable company valuation technique is the
EQUITABLE FINANCIAL LIFE INSURANCE COMPANY
Notes to Consolidated Financial Statements, Continued
discount rate. Generally, a significant increase (decrease) in the discount rate would result in significantly lower (higher) fair value measurements of these securities.
•Residential mortgage-backed securities classified as Level 3 primarily consist of non-agency paper with low trading activity. Included in the tables above as of December 31, 2022 and 2021, there were no Level 3 securities that were determined by application of a matrix pricing model and for which the spread over the U.S. Treasury curve is the most significant unobservable input to the pricing result. Generally, a change in spreads would lead to directionally inverse movement in the fair value measurements of these securities.
•Asset-backed securities classified as Level 3 primarily consist of non-agency mortgage loan trust certificates, including subprime and Alt-A paper, credit risk transfer securities, and equipment financings. Included in the tables above as of December 31, 2022 and 2021, there were no securities that were determined by the application of matrix-pricing for which the spread over the U.S. Treasury curve is the most significant unobservable input to the pricing result. Significant increases (decreases) in spreads would have resulted in significantly lower (higher) fair value measurements.
Market Risk Benefits
Significant unobservable inputs with respect to the fair value measurement of the Purchased MRB assets and the MRB liabilities identified in the table above are developed using Company data. Future Policyholder behavior is an unobservable market assumption and as such all aspects of policy holder behavior are derived based on recent historical experience. These policyholder behaviors include lapses, pro-rata withdrawals, dollar for dollar withdrawals, GMIB utilization, deferred mortality and payout phase mortality. Many of these policyholder behaviors have dynamic adjustment factors based on the relative value of the rider as compared to the account value in different economic environments. This applies to all variable annuity related products; products with GMxB riders including but not limited to GMIB, GMDB, GWL.
Lapse rates are adjusted at the contract level based on a comparison of the value of the GMxB rider. and the current policyholder account value, which include other factors such as considering surrender charges. Generally, lapse rates are assumed to be lower in periods when a surrender charge applies. A dynamic lapse function reduces the base lapse rate when the guaranteed amount is greater than the account value as in-the-money contracts are less likely to lapse. For valuing Purchased MRB assets and MRB liabilities, lapse rates vary throughout the period over which cash flows are projected.
Carrying Value of Financial Instruments Not Otherwise Disclosed in Note 3 and Note 4 of the Notes to these Consolidated Financial Statements
The carrying values and fair values as of December 31, 2022 and 2021 for financial instruments not otherwise disclosed in Note 3 and Note 4 of the Notes to these Consolidated Financial Statements are presented in the table below:
EQUITABLE FINANCIAL LIFE INSURANCE COMPANY
Notes to Consolidated Financial Statements, Continued
Carrying Values and Fair Values for Financial Instruments Not Otherwise Disclosed
| | | | | | | | | | | | | | | | | | | | | | | | | | | | | |
| Carrying Value | | Fair Value |
| Level 1 | | Level 2 | | Level 3 | | Total |
| (in millions) |
December 31, 2022: | | | | | | | | | |
Mortgage loans on real estate | $ | 16,464 | | | $ | — | | | $ | — | | | $ | 14,675 | | | $ | 14,675 | |
Policy loans | $ | 3,563 | | | $ | — | | | $ | — | | | $ | 3,850 | | | $ | 3,850 | |
Loans to affiliates | $ | 1,900 | | | $ | — | | | $ | 1,755 | | | $ | — | | | $ | 1,755 | |
Policyholders’ liabilities: Investment contracts | $ | 1,801 | | | $ | — | | | $ | — | | | $ | 1,645 | | | $ | 1,645 | |
FHLB funding agreements | $ | 8,505 | | | $ | — | | | $ | 8,390 | | | $ | — | | | $ | 8,390 | |
FABN funding agreements | $ | 7,095 | | | $ | — | | | $ | 6,384 | | | $ | — | | | $ | 6,384 | |
Separate Accounts liabilities | $ | 10,236 | | | $ | — | | | $ | — | | | $ | 10,236 | | | $ | 10,236 | |
| | | | | | | | | |
December 31, 2021: | | | | | | | | | |
Mortgage loans on real estate | $ | 14,016 | | | $ | — | | | $ | — | | | $ | 14,291 | | | $ | 14,291 | |
Policy loans | $ | 3,540 | | | $ | — | | | $ | — | | | $ | 4,512 | | | $ | 4,512 | |
Loans to affiliates | $ | 1,900 | | | $ | — | | | $ | 1,974 | | | $ | — | | | $ | 1,974 | |
Policyholders’ liabilities: Investment contracts | $ | 1,916 | | | $ | — | | | $ | — | | | $ | 1,980 | | | $ | 1,980 | |
FHLB funding agreements | $ | 6,647 | | | $ | — | | | $ | 6,679 | | | $ | — | | | $ | 6,679 | |
FABN funding agreements | $ | 6,689 | | | $ | — | | | $ | 6,626 | | | $ | — | | | $ | 6,626 | |
Separate Accounts liabilities | $ | 11,620 | | | $ | — | | | $ | — | | | $ | 11,620 | | | $ | 11,620 | |
Mortgage Loans on Real Estate
Fair values for commercial and agricultural mortgage loans on real estate are measured by discounting future contractual cash flows to be received on the mortgage loan using interest rates at which loans with similar characteristics and credit quality would be made. The discount rate is derived based on the appropriate U.S. Treasury rate with a like term to the remaining term of the loan to which a spread reflective of the risk premium associated with the specific loan is added. Fair values for mortgage loans anticipated to be foreclosed and problem mortgage loans are limited to the fair value of the underlying collateral, if lower.
Policy Loans
The fair value of policy loans is calculated by discounting expected cash flows based upon the U.S. Treasury yield curve and historical loan repayment patterns.
Loans to Affiliates
The fair value of loans to affiliates is calculated by matrix or model pricing. The matrix pricing approach to fair value is a discounted cash flow methodology that incorporates market interest rates commensurate with the credit quality and duration of the investment.
FHLB Funding Agreements
The fair values of the Company’s FHLB long term funding agreements’ fair values are determined based on indicative market rates published by FHLB, provided to AB and modeled for each note’s FMV. FHLB Short-term funding agreements’ fair values are reflective of notional/par value plus accrued interest.
FABN Funding Agreements
The fair values of the Company’s FABN funding agreements are determined by Bloomberg’s evaluated pricing service, which uses direct observations or observed comparables.
EQUITABLE FINANCIAL LIFE INSURANCE COMPANY
Notes to Consolidated Financial Statements, Continued
Policyholder Liabilities - Investment Contracts and Separate Accounts Liabilities
The fair values for deferred annuities and certain annuities, which are included in Policyholders’ account balances and liabilities for investment contracts with fund investments in Separate Accounts are estimated using projected cash flows discounted at rates reflecting current market rates. Significant unobservable inputs reflected in the cash flows include lapse rates and withdrawal rates. Incremental adjustments may be made to the fair value to reflect non-performance risk. Certain other products such as the Company’s association plans contracts, supplementary contracts not involving life contingencies, Access Accounts and Escrow Shield Plus product reserves are held at book value.
Financial Instruments Exempt from Fair Value Disclosure or Otherwise Not Required to be Disclosed
Exempt from Fair Value Disclosure Requirements
Certain financial instruments are exempt from the requirements for fair value disclosure, such as insurance liabilities other than financial guarantees and investment contracts, limited partnerships accounted for under the equity method and pension and other postretirement obligations.
Otherwise Not Required to be Included in the Table Above
The Company’s investment in COLI policies are recorded at their cash surrender value and are therefore not required to be included in the table above. See Note 2 of the Notes to these Consolidated Financial Statements for details of investments in COLI policies.
8) LIABILITIES FOR FUTURE POLICYHOLDER BENEFITS
The following table summarizes balances and changes in the liability for future policy benefits for nonparticipating traditional and limited pay contracts as of December 31, 2022 and 2021.
Present Value of Expected Net Premiums
| | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | |
| December 31, 2022 | | December 31, 2021 | | | |
| Term | | Payout - Legacy | | Payout - Non-Legacy | Group Pension | | Health | | Term | | Payout - Legacy | | Payout - Non-Legacy | | Group Pension | | Health | | | | | | | | | |
| (in millions) | |
Balance, beginning of year | $ | 2,472 | | | $ | — | | | $ | — | | $ | — | | | $ | 22 | | | $ | 2,476 | | | $ | — | | | $ | — | | | $ | — | | | $ | 35 | | | | | | | | | | |
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Beginning balance at original discount rate
| 1,854 | | | — | | | — | | — | | | 19 | | | 1,750 | | | — | | | — | | | — | | | 29 | | | | | | | | | | |
Effect of changes in cash flow assumptions | 204 | | | — | | | — | | — | | | (10) | | | 69 | | | — | | | — | | | — | | | — | | | | | | | | | | |
Effect of actual variances from expected experience | 30 | | | — | | | — | | — | | | (16) | | | 16 | | | — | | | — | | | — | | | (8) | | | | | | | | | | |
Adjusted beginning of year balance | 2,088 | | | — | | | — | | — | | | (7) | | | 1,835 | | | — | | | — | | | — | | | 21 | | | | | | | | | | |
Issuances | 76 | | | — | | | — | | — | | | — | | | 111 | | | — | | | — | | | — | | | — | | | | | | | | | | |
Interest accrual | 97 | | | — | | | — | | — | | | — | | | 92 | | | — | | | — | | | — | | | 1 | | | | | | | | | | |
Net premiums collected | (192) | | | — | | | — | | — | | | 1 | | | (184) | | | — | | | — | | | — | | | (3) | | | | | | | | | | |
| | | | | | | | | | | | | | | | | | | | | | | | | | | |
Ending balance at original discount rate | 2,069 | | | — | | | — | | — | | | (6) | | | 1,854 | | | — | | | — | | | — | | | 19 | | | | | | | | | | |
Effect of changes in discount rate assumptions | 21 | | | — | | | — | | — | | | — | | | 618 | | | — | | | — | | | — | | | 3 | | | | | | | | | | |
Balance, end of year | $ | 2,090 | | | $ | — | | | $ | — | | $ | — | | | $ | (6) | | | $ | 2,472 | | | $ | — | | | $ | — | | | $ | — | | | $ | 22 | | | | | | | | | | |
EQUITABLE FINANCIAL LIFE INSURANCE COMPANY
Notes to Consolidated Financial Statements, Continued
Present Value of Expected Future Policy Benefits
| | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | |
| December 31, 2022 | | December 31, 2021 | | | |
| Term | | Payout - Legacy | | Payout - Non-Legacy | | Group Pension | | Health | | Term | | Payout - Legacy | | Payout - Non-Legacy | | Group Pension | | Health | | | | | | | | | |
| (Dollars in millions) | |
| | | | | | | | | | | | | | | | | | | | | | | | | | | | |
Balance, beginning of year | $ | 4,274 | | | $ | 2,547 | | | $ | 1,114 | | | $ | 683 | | | $ | 2,092 | | | $ | 4,450 | | | $ | 2,250 | | | $ | 1,158 | | | $ | 780 | | | $ | 2,334 | | | | | | | | | | |
Beginning balance of original discount rate | 3,225 | | | 2,400 | | | 883 | | | 632 | | | 1,915 | | | 3,165 | | | 1,993 | | | 883 | | | 686 | | | 2,028 | | | | | | | | | | |
Effect of changes in cash flow assumptions | 221 | | | (2) | | | (2) | | | — | | | (5) | | | 69 | | | 4 | | | 34 | | | (2) | | | — | | | | | | | | | | |
Effect of actual variances from expected experience | 30 | | | (3) | | | (1) | | | 1 | | | (13) | | | 11 | | | 9 | | | (8) | | | 1 | | | (4) | | | | | | | | | | |
Adjusted beginning of year balance | 3,476 | | | 2,395 | | | 880 | | | 633 | | | 1,897 | | | 3,245 | | | 2,006 | | | 909 | | | 685 | | | 2,024 | | | | | | | | | | |
Issuances | 83 | | | 758 | | | 23 | | | — | | | — | | | 117 | | | 490 | | | 26 | | | — | | | — | | | | | | | | | | |
Interest accrual | 166 | | | 63 | | | 40 | | | 21 | | | 61 | | | 167 | | | 61 | | | 40 | | | 23 | | | 65 | | | | | | | | | | |
Benefits payments | (349) | | | (192) | | | (98) | | | (71) | | | (163) | | | (304) | | | (157) | | | (92) | | | (76) | | | (174) | | | | | | | | | | |
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Ending balance at original discount rate | 3,376 | | | 3,024 | | | 845 | | | 583 | | | 1,795 | | | 3,225 | | | 2,400 | | | 883 | | | 632 | | | 1,915 | | | | | | | | | | |
Effect of changes in discount rate assumptions | 73 | | | (335) | | | (17) | | | (60) | | | (241) | | | 1,049 | | | 147 | | | 231 | | | 51 | | | 177 | | | | | | | | | | |
Balance, end of year | $ | 3,449 | | | $ | 2,689 | | | $ | 828 | | | $ | 523 | | | $ | 1,554 | | | $ | 4,274 | | | $ | 2,547 | | | $ | 1,114 | | | $ | 683 | | | $ | 2,092 | | | | | | | | | | |
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Net liability for future policy benefits | $ | 1,359 | | | $ | 2,689 | | | $ | 828 | | | $ | 523 | | | $ | 1,560 | | | $ | 1,802 | | | $ | 2,547 | | | $ | 1,114 | | | $ | 683 | | | $ | 2,070 | | | | | | | | | | |
Less: Reinsurance recoverable | (209) | | | (466) | | | — | | | 1 | | | (1,242) | | | (325) | | | (142) | | | — | | | — | | | (1,641) | | | | | | | | | | |
Net liability for future policy benefits, after reinsurance recoverable | $ | 1,150 | | | $ | 2,223 | | | $ | 828 | | | $ | 524 | | | $ | 318 | | | $ | 1,477 | | | $ | 2,405 | | | $ | 1,114 | | | $ | 683 | | | $ | 429 | | | | | | | | | | |
Weighted-average duration of liability for future policyholder benefits (years) | 7.0 | | 8.1 | | 9.5 | | 7.2 | | 8.7 | | 7.5 | | 8.4 | | 9.6 | | 7.2 | | 8.9 | | | | | | | | | |
The following table reconciles the net liability for future policy benefits and liability of death benefits to the liability for future policy benefits in the consolidated balance sheet as of December 31, 2022 and 2021.
EQUITABLE FINANCIAL LIFE INSURANCE COMPANY
Notes to Consolidated Financial Statements, Continued
| | | | | | | | | | | |
| December 31, 2022 | | December 31, 2021 |
| (in millions) |
Reconciliation | | | |
Term | $ | 1,359 | | | $ | 1,802 | |
Individual Retirement - Payout | 828 | | | 1,114 | |
Legacy - Payout | 2,689 | | | 2,547 | |
Group Pension - Benefit Reserve & DPL | 523 | | | 683 | |
Health | 1,560 | | | 2,070 | |
Universal Life - additional liability for death benefits | 1,119 | | | 1,082 | |
Subtotal | 8,078 | | | 9,298 | |
Whole Life Closed Block and Open Block products | 5,687 | | | 5,911 | |
Other (1) | 608 | | | 1,432 | |
Future policyholder benefits total | 14,373 | | | 16,641 | |
Other policyholder funds and dividends payable | 1,562 | | | 1,467 | |
Total | $ | 15,935 | | | $ | 18,108 | |
(1)Primarily consists of Future policy benefits related to Assumed Life and DI, GRP Life Run off, VISL rider and Major Med products.
The following table provides the amount of undiscounted and discounted expected gross premiums and expected future benefits and expenses related to nonparticipating traditional and limited payment contracts as of December 31, 2022 and 2021:
EQUITABLE FINANCIAL LIFE INSURANCE COMPANY
Notes to Consolidated Financial Statements, Continued
| | | | | | | | | | | | |
| December 31, | |
| 2022 | | 2021 | |
| (in millions) | |
Term | | | | |
Expected future benefit payments and expenses (undiscounted) | $ | 6,002 | | | $ | 5,823 | | |
Expected future gross premiums (undiscounted) | 7,245 | | | 7,198 | | |
Expected future benefit payments and expenses (discounted) | 3,449 | | | 4,274 | | |
Expected future gross premiums (discounted) | 3,883 | | | 5,074 | | |
| | | | |
Payout - Legacy | | | | |
Expected future benefit payments and expenses (undiscounted) | 3,947 | | | 3,066 | | |
Expected future gross premiums (undiscounted) | — | | | — | | |
Expected future benefit payments and expenses (discounted) | 2,607 | | | 2,471 | | |
Expected future gross premiums (discounted) | — | | | — | | |
| | | | |
Payout - Non-Legacy | | | | |
Expected future benefit payments and expenses (undiscounted) | 1,460 | | | 1,538 | | |
Expected future gross premiums (undiscounted) | — | | | — | | |
Expected future benefit payments and expenses (discounted) | 801 | | | 1,089 | | |
Expected future gross premiums (discounted) | — | | | — | | |
| | | | |
Group Pension | | | | |
Expected future benefit payments and expenses (undiscounted) | 730 | | | 797 | | |
Expected future gross premiums (undiscounted) | — | | | — | | |
Expected future benefit payments and expenses (discounted) | 563 | | | 662 | | |
Expected future gross premiums (discounted) | — | | | — | | |
| | | | |
Health | | | | |
Expected future benefit payments and expenses (undiscounted) | 2,510 | | | 2,687 | | |
Expected future gross premiums (undiscounted) | 99 | | | 120 | | |
Expected future benefit payments and expenses (discounted) | 1,533 | | | 2,052 | | |
Expected future gross premiums (discounted) | $ | 78 | | | $ | 108 | | |
The tables below summarizes the revenue and interest related to nonparticipating traditional and limited payment contracts for the year ended December 31, 2022 and 2021:
| | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | |
| | Gross Premium | | | Interest Accretion |
| | | December 31, 2022 | | December 31, 2021 | | | | December 31, 2022 | | December 31, 2021 |
| | (in millions) |
Revenue and Interest Accretion | | | | | | | | | | | |
Term | | | $ | 229 | | | $ | 239 | | | | | $ | 70 | | | $ | 75 | |
Payout Legacy | | | 101 | | | 106 | | | | | 63 | | | $ | 60 | |
Payout Non-Legacy | | | 21 | | | 19 | | | | | 40 | | | 40 | |
Group Pension | | | — | | | — | | | | | 21 | | | 23 | |
Health | | | 9 | | | 10 | | | | | 61 | | | 64 | |
Total | | | $ | 360 | | | $ | 374 | | | | | $ | 255 | | | $ | 262 | |
EQUITABLE FINANCIAL LIFE INSURANCE COMPANY
Notes to Consolidated Financial Statements, Continued
The following table provides the weighted average interest rates for the liability for future policy benefits as of December 31, 2022 and 2021:
| | | | | | | | | | | | | | | |
| | | December 31, |
| | | 2022 | | 2021 |
Weighted Average Interest Rate | | | | | |
Term Life | | | | | |
Interest accretion rate | | | 5.7 | % | | 5.8 | % |
Current discount rate | | | 5.1 | % | | 2.4 | % |
Legacy (Payout) | | | | | |
Interest accretion rate | | | 3.4 | % | | 3.1 | % |
Current discount rate | | | 5.0 | % | | 2.3 | % |
Individual Retirement (Payout) | | | | | |
Interest accretion rate | | | 4.9 | % | | 4.9 | % |
Current discount rate | | | 5.2 | % | | 2.6 | % |
Group Pension | | | | | |
Interest accretion rate | | | 3.4 | % | | 3.4 | % |
Current discount rate | | | 5.1 | % | | 2.3 | % |
Health | | | | | |
Interest accretion rate | | | 3.3 | % | | 3.3 | % |
Current discount rate | | | 5.2 | % | | 2.5 | % |
Additional Insurance Liability
The following table provides the balance, changes in and the weighted average durations of the additional insurance liabilities for the years ended December 31, 2022 and 2021.
| | | | | | | | | | | | | |
| December 31, 2022 | | December 31, 2021 | | |
| |
| Universal Life | | Universal Life | | |
| (Dollars in millions) |
Balance, beginning of year | $ | 1,082 | | | $ | 1,013 | | | |
Beginning balance before AOCI adjustments | 1,076 | | | 1,005 | | | |
Effect of changes in interest rate and cash flow assumptions and model changes | 8 | | | (4) | | | |
Effect of actual variances from expected | 25 | | | 8 | | | |
Adjusted BOP Balance | 1,109 | | | 1,009 | | | |
Interest accrual | 49 | | | 45 | | | |
Net assessments collected | 68 | | | 85 | | | |
Benefit payments | (91) | | | (63) | | | |
| | | | | |
Ending balance before shadow reserve adjustments | 1,135 | | | 1,076 | | | |
Effect of reserve adjustment recorded in AOCI | (15) | | | 6 | | | |
Balance, end of period | 1,120 | | | 1,082 | | | |
| | | | | |
Net liability for future policy benefits (1) | 1,120 | | | 1,082 | | | |
Less: Reinsurance recoverable | (562) | | | (547) | | | |
Net liability for additional liability, after reinsurance recoverable | $ | 558 | | | $ | 535 | | | |
| | | | | |
Weighted-average duration of additional liability - death benefit (years) | 22.0 | | 23.2 | | |
The following table provides the revenue, interest and weighted average interest rates, related to the additional insurance liabilities for the years ended and as of December 31, 2022 and 2021.
EQUITABLE FINANCIAL LIFE INSURANCE COMPANY
Notes to Consolidated Financial Statements, Continued
| | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | |
| | Assessments | | | Interest Accretion |
| | | December 31, 2022 | | December 31, 2021 | | | | December 31, 2022 | | December 31, 2021 |
| | (in millions) |
Revenue and Interest Accretion | | | | | | | | | | | |
Universal Life | | | $ | 666 | | | $ | 850 | | | | | $ | 49 | | | $ | 45 | |
Total | | | $ | 666 | | | $ | 850 | | | | | $ | 49 | | | $ | 45 | |
| | | | | | | | | | | | | |
| | | December 31, |
| | | 2022 | | 2021 |
Weighted Average Interest Rate | | | | | |
Universal Life | | | 4.5 | % | | 4.5 | % |
Interest accretion rate | | | 4.5 | % | | 4.5 | % |
9) MARKET RISK BENEFITS
The following table presents the balances and changes to the balances for the market risk benefits for the GMxB benefits on deferred variable annuities for the twelve months ended and as of December 31, 2022 and 2021.
| | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | |
| December 31, 2022 | | | | December 31, 2021 | | |
| GMxB Core | | GMxB Legacy | | Purchased MRB Legacy (3) | Net Legacy | | GMxB Core | | GMxB Legacy | | Purchased MRB Legacy (3) | Net Legacy | | | | | |
| (Dollars in millions) |
Balance, beginning of the period (“BOP”) | $ | 1,061 | | | $ | 20,236 | | | $ | (14,293) | | $ | 5,943 | | | $ | 2,143 | | | $ | 24,405 | | | $ | (3,131) | | $ | 21,274 | | | | | | |
Balance BOP before changes in the instrument specific credit risk | 666 | | | 19,719 | | | (14,287) | | 5,432 | | | $ | 1,639 | | | 23,944 | | | (3,136) | | 20,808 | | | | | | |
Model changes and effect of changes in cash flow assumptions | (5) | | | 317 | | | (137) | | 180 | | | (279) | | | (196) | | | 73 | | (123) | | | | | | |
Actual market movement effect | 1,060 | | | 3,402 | | | (1,278) | | 2,124 | | | (715) | | | (2,968) | | | 767 | | (2,201) | | | | | | |
Interest accrual | 37 | | | 731 | | | (493) | | 238 | | | 7 | | | 196 | | | (124) | | 72 | | | | | | |
Attributed fees accrued (1) | 395 | | | 882 | | | (298) | | 584 | | | 386 | | | 917 | | | (196) | | 721 | | | | | | |
Benefit payments | (36) | | | (1,179) | | | 669 | | (510) | | | (14) | | | (901) | | | 350 | | (551) | | | | | | |
Actual policyholder behavior different from expected behavior | 19 | | | 142 | | | (103) | | 39 | | | 40 | | | 78 | | | 34 | | 112 | | | | | | |
Changes in future economic assumptions | (1,596) | | | (8,700) | | | 5,489 | | (3,211) | | | (397) | | | (1,351) | | | (907) | | (2,258) | | | | | | |
Issuances | (2) | | | — | | | — | | — | | | (1) | | | — | | | (11,148) | | (11,148) | | | | | | |
Balance EOP before changes in the instrument-specific credit risk | 538 | | | 15,314 | | | (10,438) | | 4,876 | | | $ | 666 | | | 19,719 | | | (14,287) | | 5,432 | | | | | | |
Changes in the instrument-specific credit risk (2) | 1 | | | (615) | | | (54) | | (669) | | | 395 | | | 517 | | | (6) | | 511 | | | | | | |
Balance, end of the period (“EOP”) | $ | 539 | | | $ | 14,699 | | | $ | (10,492) | | $ | 4,207 | | | $ | 1,061 | | | $ | 20,236 | | | $ | (14,293) | | $ | 5,943 | | | | | | |
| | | | | | | | | | | | | | | | | | |
Weighted-average age of policyholders (years) | 63.6 | | 72.6 | | 67.6 | N/A | | 62.6 | | 72.0 | | 67.0 | N/A | | | | | |
Net amount at risk | $ | 3,517 | | | $ | 22,631 | | | $ | 10,753 | | N/A | | $ | 1,115 | | | $ | 15,901 | | | $ | 6,341 | | N/A | | | | | |
___________
(1) Attributed fees accrued represents the portion of the fees needed to fund future GMxB claims.
(2) Changes are recorded in OCI.
EQUITABLE FINANCIAL LIFE INSURANCE COMPANY
Notes to Consolidated Financial Statements, Continued
(3) Purchased MRB is the impact of non-affiliated reinsurance.
The following table reconciles market risk benefits by the amounts in an asset position and amounts in a liability position to the market risk amounts in the consolidated balance sheet as of December 31, 2022 and 2021.
| | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | |
| December 31, 2022 | | December 31, 2021 |
| Direct Asset | | Direct Liability | | Net Direct MRB | | Purchased MRB | | Total | | Direct Asset | | Direct Liability | | Net Direct MRB | | Purchased MRB | | Total | |
| (in millions) | |
| | | | | | | | | | | | | | | | | | | | |
GMxB Legacy | $ | (51) | | | $ | 14,749 | | | $ | 14,698 | | | $ | (10,493) | | | $ | 4,205 | | | $ | (47) | | | $ | 20,282 | | | $ | 20,235 | | | $ | (14,293) | | | $ | 5,942 | | |
GMxB Core | (375) | | | 914 | | | 539 | | | — | | | 539 | | | (236) | | | 1,297 | | | 1,061 | | | — | | | 1,061 | | |
Other (1) | (52) | | | 88 | | | 36 | | | 3 | | | 39 | | | (32) | | | 93 | | | 60 | | | 3 | | | 63 | | |
Total | $ | (478) | | | $ | 15,751 | | | $ | 15,273 | | | $ | (10,490) | | | $ | 4,783 | | | $ | (315) | | — | | $ | 21,672 | | — | | $ | 21,356 | | $ | — | | $ | (14,290) | | $ | — | | $ | 7,066 | | |
______________
(1) Other primarily includes Individual EQUI-VEST MRB.
10) POLICYHOLDER ACCOUNT BALANCES
The following table summarizes the balances and changes in policyholders’ account balances for the years ended and as of December 31, 2022 and 2021:
| | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | |
| |
| Universal Life | | Variable Universal Life | | GMxB Legacy | | GMxB Core | | SCS (1) | | EQUI-VEST Individual | | EQUI-VEST Group | | Momentum | |
December 31, 2022 | (Dollars in millions) | |
Balance, beginning of the year | $ | 5,462 | | $ | 4,193 | | $ | 746 | | $ | 99 | | $ | 33,443 | | $ | 2,784 | | $ | 11,952 | | $ | 705 | |
Issuances | — | | — | | — | | — | | — | | — | | — | | — | |
Premiums received | 730 | | 143 | | 72 | | 134 | | 2 | | 46 | | 610 | | 79 | |
Policy charges | (789) | | (210) | | 6 | | (19) | | — | | (1) | | (5) | | — | |
Surrenders and withdrawals | (86) | | (12) | | (72) | | (30) | | (2,452) | | (225) | | (995) | | (148) | |
Benefit payments | (200) | | (85) | | (99) | | (2) | | (209) | | (59) | | (70) | | (2) | |
Net transfers from (to) separate account | — | | 75 | | 5 | | (146) | | 7,229 | | 28 | | 303 | | 54 | |
Interest credited (2) | 224 | | 149 | | 30 | | 6 | | (2,553) | | 79 | | 251 | | 15 | |
Other | — | | — | | — | | — | | — | | — | | — | | — | |
Balance, end of the year | $ | 5,341 | | $ | 4,253 | | $ | 688 | | $ | 42 | | $ | 35,460 | | $ | 2,652 | | $ | 12,046 | | $ | 703 | |
| | | | | | | | | | | | | | | | |
Weighted-average crediting rate | 3.62 | % | | 3.86 | % | | 1.80 | % | | 1.05 | % | | 1.12 | % | | 2.85 | % | | 3.00 | % | | 2.02 | % | |
Net amount at risk (3) | $ | 37,555 | | | $ | 85,086 | | | $ | 22,631 | | | $ | 3,517 | | | $ | 92 | | | $ | 143 | | | $ | 138 | | | $ | — | | |
Cash surrender value | $ | 3,483 | | | $ | 2,838 | | | $ | 980 | | | $ | 264 | | | $ | 31,856 | | | $ | 2,645 | | | $ | 11,961 | | | $ | 702 | | |
______________(1)SCS sales are recorded as a Separate Account liability until they are swept into the General Account. This sweep is recorded as Net Transfers from (to) separate account.
(2)SCS and EQUI-VEST Group includes amounts related to the change in embedded derivative.
(3)For life insurance products the net amount at risk is death benefit less account value for the policyholder. For variable annuity products the net amount risk is the maximum GMxB NAR for the policyholder.
| | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | |
| Universal Life | | Variable Universal Life | | GMxB Legacy | | GMxB Core | | SCS (1) | | EQUI-VEST Individual | | EQUI-VEST Group | | Momentum | |
December 31, 2021 | (Dollars in millions) | |
EQUITABLE FINANCIAL LIFE INSURANCE COMPANY
Notes to Consolidated Financial Statements, Continued
| | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | |
Balance, beginning of the year | $ | 5,564 | | | $ | 4,243 | | | $ | 815 | | | $ | 99 | | | $ | 25,654 | | | $ | 2,862 | | | $ | 11,665 | | | $ | 761 | | |
Issuances | — | | | — | | | — | | | — | | | — | | | — | | | — | | | — | | |
Premiums received | 787 | | | 154 | | | 58 | | | 144 | | | 1 | | | 55 | | | 602 | | | 83 | | |
Policy charges | (828) | | | (214) | | | — | | | (5) | | | — | | | (1) | | | (4) | | | (1) | | |
Surrenders and withdrawals | (89) | | | (185) | | | (99) | | | (31) | | | (2,474) | | | (209) | | | (877) | | | (151) | | |
Benefit payments | (202) | | | (69) | | | (77) | | | (1) | | | (187) | | | (63) | | | (73) | | | (2) | | |
Net transfers from (to) separate account | — | | | 102 | | | 18 | | | (122) | | | 6,692 | | | 58 | | | 310 | | | — | | |
Interest credited (2) | 230 | | | 162 | | | 31 | | | 15 | | | 3,757 | | | 82 | | | 329 | | | 15 | | |
Other | — | | | — | | | — | | | — | | | — | | | — | | | — | | | — | | |
AV Balance, December 31, 2021 | $ | 5,462 | | | $ | 4,193 | | | $ | 746 | | | $ | 99 | | | $ | 33,443 | | | $ | 2,784 | | | $ | 11,952 | | | $ | 705 | | |
| | | | | | | | | | | | | | | | |
Weighted-average crediting rate | 3.56 | % | | 3.89 | % | | 1.82 | % | | 1.05 | % | | 1.14 | % | | 2.87 | % | | 2.37 | % | | 2.06 | % | |
Net amount at risk (3) | $ | 40,138 | | | $ | 84,072 | | | $ | 15,901 | | | $ | 1,115 | | | $ | — | | | $ | 92 | | | $ | 7 | | | $ | — | | |
Cash surrender value | $ | 3,529 | | | $ | 2,893 | | | $ | 1,048 | | | $ | 301 | | | $ | 31,488 | | | $ | 2,776 | | | $ | 11,878 | | | $ | 704 | | |
______________
(1)SCS sales are recorded as a Separate Account liability until they are swept into the General Account. This sweep is recorded as Net Transfers from (to) separate account.
(2)SCS and EQUI-VEST Group includes amounts related to the change in embedded derivative.
(3)For life insurance products the net amount at risk is death benefit less account value for the policyholder. For variable annuity products the net amount risk is the maximum GMxB NAR for the policyholder.
The following table reconciles the policyholders account balances to the policyholders’ account balance liability in the consolidated balance sheet as of December 31, 2022 and 2021.
| | | | | | | | | | | | |
| December 31, 2022 | | December 31, 2021 | |
| (in millions) |
Policyholders’ account balance reconciliation | | | | |
UL | $ | 5,341 | | | $ | 5,462 | | |
VUL | 4,253 | | | 4,193 | | |
GMxB Legacy | 688 | | | 746 | | |
GMxB Core | 42 | | | 98 | | |
EQUI-VEST Individual | 2,652 | | | 2,784 | | |
SCS | 35,460 | | | 33,443 | | |
EQUI-VEST Group | 12,046 | | | 11,951 | | |
Momentum | 703 | | | 705 | | |
Other | 2,916 | | | 2,736 | | |
Balance (exclusive of Funding Agreements) | 64,101 | | | 62,118 | | |
Funding Agreements | 15,641 | | | 13,354 | | |
Balance, end of year | $ | 79,742 | | | $ | 75,472 | | |
______________
(1)Primarily reflects products, IR Payout, IR Other, Investment Edge, Association, Indexed Universal Life, Group Pension and Closed Block.
The following table presents the account values by range of guaranteed minimum crediting rates and the related range of the difference in basis points, between rates being credited policyholders and the respective guaranteed minimums as of December 31, 2022 and 2021.
| | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | |
December 31, 2022 |
Product (1) | | Range of Guaranteed Minimum Crediting Rate | | At Guaranteed Minimum | | 1 Basis Point - 50 Basis Points Above | | 51 Basis Points - 150 Basis Points Above | | Greater Than 150 Basis Points Above | | Total |
| | | | (in millions) |
EQUITABLE FINANCIAL LIFE INSURANCE COMPANY
Notes to Consolidated Financial Statements, Continued
| | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | |
Universal Life | | 0.00% - 1.50% | | $ | — | | | $ | — | | | $ | 5 | | | $ | 1 | | | $ | 6 | |
| 1.51% - 2.50% | | 181 | | | 197 | | | 605 | | | 47 | | | 1,030 | |
| Greater than 2.50% | | 3,615 | | | 657 | | | — | | | — | | | 4,272 | |
| Total | | $ | 3,796 | | | $ | 854 | | | $ | 610 | | | $ | 48 | | | $ | 5,308 | |
| | | | | | | | | | | | |
Variable Universal Life | | 0.00% - 1.50% | | $ | 12 | | | $ | 9 | | | $ | 5 | | | $ | 1 | | | $ | 27 | |
| 1.51% - 2.50% | | 411 | | | 42 | | | — | | | — | | | 453 | |
| Greater than 2.50% | | 3,441 | | | — | | | — | | | — | | | 3,441 | |
| Total | | $ | 3,864 | | | $ | 51 | | | $ | 5 | | | $ | 1 | | | $ | 3,921 | |
| | | | | | | | | | | | |
GMxB Legacy | | 0.00% - 1.50% | | $ | 386 | | | $ | — | | | $ | — | | | $ | — | | | $ | 386 | |
| 1.51% - 2.50% | | 560 | | | — | | | — | | | — | | | 560 | |
| Greater than 2.50% | | 35 | | | — | | | — | | | — | | | 35 | |
| Total | | $ | 981 | | | $ | — | | | $ | — | | | $ | — | | | $ | 981 | |
| | | | | | | | | | | | |
GMxB Core | | 0.00% - 1.50% | | $ | 257 | | | $ | — | | | $ | — | | | $ | — | | | $ | 257 | |
| 1.51% - 2.50% | | 14 | | | — | | | — | | | — | | | 14 | |
| Greater than 2.50% | | — | | | — | | | — | | | — | | | — | |
| Total | | $ | 271 | | | $ | — | | | $ | — | | | $ | — | | | $ | 271 | |
| | | | | | | | | | | | |
EQUI-VEST Individual | | 0.00% - 1.50% | | $ | 345 | | | $ | — | | | $ | — | | | $ | — | | | $ | 345 | |
| 1.51% - 2.50% | | 46 | | | — | | | — | | | — | | | 46 | |
| Greater than 2.50% | | 2,199 | | | — | | | 62 | | | — | | | 2,261 | |
| Total | | $ | 2,590 | | | $ | — | | | $ | 62 | | | $ | — | | | $ | 2,652 | |
| | | | | | | | | | | | |
EQUI-VEST Group | | 0.00% - 1.50% | | $ | 109 | | | $ | 5 | | | $ | 366 | | | $ | 3,112 | | | $ | 3,592 | |
| 1.51% - 2.50% | | 11 | | | 2 | | | 889 | | | — | | | 902 | |
| Greater than 2.50% | | 6,949 | | | 21 | | | 330 | | | — | | | 7,300 | |
| Total | | $ | 7,069 | | | $ | 28 | | | $ | 1,585 | | | $ | 3,112 | | | $ | 11,794 | |
| | | | | | | | | | | | |
SCS | | 0.00% - 1.50% | | $ | 27,846 | | | $ | — | | — | | $ | — | | — | | $ | — | | | $ | 27,846 | |
| 1.51% - 2.50% | | 5,527 | | | — | | — | | — | | — | | — | | | 5,527 | |
| Greater than 2.50% | | — | | | — | | | — | | | — | | | — | |
| Total | | $ | 33,373 | | | $ | — | | | $ | — | | | $ | — | | | $ | 33,373 | |
| | | | | | | | | | | | |
Momentum | | 0.00% - 1.50% | | $ | 15 | | | $ | 301 | | — | | $ | 122 | | — | | $ | 7 | | | $ | 445 | |
| 1.51% - 2.50% | | 178 | | | 1 | | — | | — | | — | | — | | | 179 | |
| Greater than 2.50% | | 73 | | | — | | — | | 5 | | — | | — | | | 78 | |
| Total | | $ | 266 | | | $ | 302 | | | $ | 127 | | | $ | 7 | | | $ | 702 | |
EQUITABLE FINANCIAL LIFE INSURANCE COMPANY
Notes to Consolidated Financial Statements, Continued
| | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | |
December 31, 2021 |
Product
| | Range of Guaranteed Minimum Crediting Rate | | At Guaranteed Minimum | | 1 Basis Point - 50 Basis Points Above | | 51 Basis Points - 150 Basis Points Above | | Greater Than 150 Basis Points Above | | Total |
| | | | (in millions) |
Universal Life | | 0.00% - 1.50% | | $ | — | | | $ | — | | | $ | 5 | | | $ | — | | | $ | 5 | |
| 1.51% - 2.50% | | 197 | | | 184 | | | 638 | | | — | | | 1,019 | |
| Greater than 2.50% | | 4,397 | | | — | | | — | | | — | | | 4,397 | |
| Total | | $ | 4,594 | | | $ | 184 | | | $ | 643 | | | $ | — | | | $ | 5,421 | |
| | | | | | | | | | | | |
Variable Universal Life | | 0.00% - 1.50% | | $ | 8 | | | $ | 7 | | | $ | — | | | $ | — | | | $ | 15 | |
| 1.51% - 2.50% | | 399 | | | — | | | — | | | — | | | 399 | |
| Greater than 2.50% | | 3,444 | | | — | | | — | | | — | | | 3,444 | |
| Total | | $ | 3,851 | | | $ | 7 | | | $ | — | | | $ | — | | | $ | 3,858 | |
| | | | | | | | | | | | |
GMxB Legacy | | 0.00% - 1.50% | | $ | 394 | | | $ | — | | | $ | — | | | $ | — | | | $ | 394 | |
| 1.51% - 2.50% | | 618 | | | — | | | — | | | — | | | 618 | |
| Greater than 2.50% | | 37 | | | — | | | — | | | — | | | 37 | |
| Total | | $ | 1,049 | | | $ | — | | | $ | — | | | $ | — | | | $ | 1,049 | |
| | | | | | | | | | | | |
GMxB Core | | 0.00% - 1.50% | | $ | 293 | | | $ | — | | | $ | — | | | $ | — | | | $ | 293 | |
| 1.51% - 2.50% | | 17 | | | — | | | — | | | — | | | 17 | |
| Greater than 2.50% | | | | | | | | | | — | |
| Total | | $ | 310 | | | $ | — | | | $ | — | | | $ | — | | | $ | 310 | |
| | | | | | | | | | | | |
EQUI-VEST Individual | | 0.00% - 1.50% | | $ | 340 | | | $ | — | | | $ | — | | | $ | — | | | $ | 340 | |
| 1.51% - 2.50% | | 50 | | | — | | | — | | | — | | | 50 | |
| Greater than 2.50% | | 2,331 | | | — | | | 64 | | | — | | | 2,395 | |
| Total | | $ | 2,721 | | | $ | — | | | $ | 64 | | | $ | — | | | $ | 2,785 | |
| | | | | | | | | | | | |
SCS | | 0.00% - 1.50% | | $ | 26,421 | | | $ | — | | | $ | — | | | $ | — | | | $ | 26,421 | |
| 1.51% - 2.50% | | 6,254 | | | — | | | — | | | — | | | 6,254 | |
| Greater than 2.50% | | | | | | | | | | — | |
| Total | | $ | 32,675 | | | $ | — | | | $ | — | | | $ | — | | | $ | 32,675 | |
| | | | | | | | | | | | |
EQUI-VEST Group | | 0.00% - 1.50% | | $ | 3,395 | | | $ | 5 | | | $ | — | | | $ | — | | | $ | 3,400 | |
| 1.51% - 2.50% | | 869 | | | 3 | | | — | | | — | | | 872 | |
| Greater than 2.50% | | 7,435 | | | — | | | — | | | — | | | 7,435 | |
| Total | | $ | 11,699 | | | $ | 8 | | | $ | — | | | $ | — | | | $ | 11,707 | |
| | | | | | | | | | | | |
Momentum | | 0.00% - 1.50% | | $ | 14 | | | $ | 287 | | | $ | 124 | | | $ | 6 | | | $ | 431 | |
| 1.51% - 2.50% | | 190 | | | 1 | | | — | | | — | | | 191 | |
| Greater than 2.50% | | 77 | | | — | | | 5 | | | — | | | 82 | |
| Total | | $ | 281 | | | $ | 288 | | | $ | 129 | | | $ | 6 | | | $ | 704 | |
| | | | | | | | | | | | |
EQUITABLE FINANCIAL LIFE INSURANCE COMPANY
Notes to Consolidated Financial Statements, Continued
Separate Account - Summary
The following table presents the balances of and changes in separate account liabilities for the years ended and as of December 31, 2022 and 2021.
| | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | |
| | | | | |
December 31, 2022 | VUL | | GMxB Legacy | | GMxB Core | | EQUI-VEST Individual | | Investment Edge | | EQUI-VEST Group | | Momentum |
| (in millions) |
Balance, beginning of year | $ | 14,574 | | | $ | 44,912 | | | $ | 34,973 | | | $ | 5,584 | | | $ | 4,287 | | | $ | 27,509 | | | $ | 4,975 | |
Premiums and deposits | 757 | | | 240 | | | 943 | | | 124 | | | 1,002 | | | 2,104 | | | 668 | |
Policy charges | (423) | | | (682) | | | (482) | | | (2) | | | (1) | | | (17) | | | (20) | |
Surrenders and withdrawals | (380) | | | (2,824) | | | (2,303) | | | (328) | | | (327) | | | (1,359) | | | (753) | |
Benefit payments | (102) | | | (702) | | | (215) | | | (52) | | | (34) | | | (60) | | | (14) | |
Investment performance (1) | (2,816) | | | (8,323) | | | (6,045) | | | (1,136) | | | (733) | | | (5,481) | | | (918) | |
Net transfers from (to) general account | (75) | | | (5) | | | 146 | | | (28) | | | (422) | | | (303) | | | (54) | |
| | | | | | | | | | | | | |
Balance, end of year | $ | 11,535 | | | $ | 32,616 | | | $ | 27,017 | | | $ | 4,162 | | | $ | 3,772 | | | $ | 22,393 | | | $ | 3,884 | |
| | | | | | | | | | | | | |
Cash surrender value | $ | 11,555 | | | $ | 32,320 | | | $ | 26,195 | | | $ | 4,129 | | | $ | 3,679 | | | $ | 22,163 | | | $ | 3,879 | |
_______________
(1) Investment performance is reflected net of M&E fees.
| | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | |
| | | | | |
December 31, 2021 | VUL | | GMxB Legacy | | GMxB Core | | EQUI-VEST Individual | | Investment Edge | | EQUI-VEST Group | | Momentum |
| (in millions) |
Balance, beginning of year | $ | 12,718 | | | $ | 43,747 | | | $ | 33,754 | | | $ | 5,051 | | | $ | 3,245 | | | $ | 23,530 | | | $ | 4,424 | |
Premiums and deposits | 732 | | | 225 | | | 1,494 | | | 158 | | | 1,048 | | | 2,014 | | | 788 | |
Policy charges | (401) | | | (705) | | | (490) | | | (5) | | | (1) | | | (16) | | | (22) | |
Surrenders and withdrawals | (419) | | | (3,610) | | | (3,249) | | | (421) | | | (256) | | | (1,605) | | | (892) | |
Benefit payments | (183) | | | (818) | | | (223) | | | (55) | | | (24) | | | (63) | | | (12) | |
Investment performance (1) | 2,229 | | | 6,091 | | | 3,565 | | | 859 | | | 407 | | | 4,014 | | | 689 | |
Net transfers from (to) general account | (102) | | | (18) | | | 122 | | | (58) | | | (132) | | | (310) | | | — | |
Other charges (2) | — | | | — | | | — | | | 55 | | | — | | | (55) | | | — | |
Balance, end of year | $ | 14,574 | | | $ | 44,912 | | | $ | 34,973 | | | $ | 5,584 | | | $ | 4,287 | | | $ | 27,509 | | | $ | 4,975 | |
| | | | | | | | | | | | | |
Cash surrender value | $ | 14,549 | | | $ | 44,603 | | | $ | 34,041 | | | $ | 5,547 | | | $ | 4,199 | | | $ | 27,265 | | | $ | 4,968 | |
_____________
(1) Investment performance is reflected net of M&E fees.
(2) EQUI-VEST Group and EQUI-VEST Individual reflects AV transfer of GMxB closed block business from Employee Sponsored and Individual Annuity products..
EQUITABLE FINANCIAL LIFE INSURANCE COMPANY
Notes to Consolidated Financial Statements, Continued
The following table reconciles the separate account liabilities to the separate account liability balance in the consolidated balance sheet as of December 31, 2022 and 2021.
| | | | | | | | | | | |
| December 31, 2022 | | December 31, 2021 |
| (in millions) |
Separate Account Reconciliation | | | |
VUL | $ | 11,535 | | | $ | 14,573 | |
GMxB Legacy | 32,616 | | | 44,912 | |
GMxB Core | 27,017 | | | 34,973 | |
EQUI-VEST Individual | 4,162 | | | 5,584 | |
Investment Edge | 3,772 | | | 4,287 | |
EQUI-VEST Group | 22,393 | | | 27,509 | |
Momentum | 3,884 | | | 4,975 | |
Other (1) | 6,100 | | | 7,099 | |
Total | $ | 111,479 | | | $ | 143,912 | |
______________
(1)Primarily reflects Corp and Other products and Employer Sponsored products including Association and Other.
The following table presents the aggregate fair value of separate account assets by major asset category as of December 31, 2022 and 2021:
| | | | | | | | | | | | | | | | | | | | | | | | | | |
| December 31, 2022 |
| Life Insurance & Employee Benefits Products | | Individual Variable Annuity Products | | Employer - Sponsored Products | | Other | Total |
| | | | | | | | |
| (in millions) |
Asset Type | | | | | | | | |
Debt securities | $ | 58 | | | $ | 1 | | | $ | 17 | | | $ | 8 | | $ | 84 | |
Common Stock | 41 | | | 32 | | | 430 | | | 1,686 | | 2,189 | |
Mutual Funds | 11,402 | | | 68,220 | | | 27,639 | | | 760 | | 108,021 | |
Bonds and Notes | 119 | | | 3 | | | 1 | | | 1,062 | | 1,185 | |
Total | $ | 11,620 | | | $ | 68,256 | | | $ | 28,087 | | | $ | 3,516 | | $ | 111,479 | |
| | | | | | | | | | | | | | | | | | | | | | | | | | |
| December 31, 2021 |
| Life Insurance & Employee Benefits Products | | Individual Variable Annuity Products | | Employer - Sponsored Products | | Other | Total |
| (in millions) |
Asset Type | | | | | | | | |
Debt securities | $ | 61 | | | $ | 1 | | | $ | 15 | | | $ | 10 | | $ | 87 | |
Common Stock | 105 | | | 35 | | | 33 | | | 2,584 | | 2,757 | |
Mutual Funds | 14,359 | | | 90,473 | | | 34,311 | | | 733 | | 139,876 | |
Bonds and Notes | 126 | | | 3 | | | — | | | 1,063 | | 1,192 | |
Total | $ | 14,651 | | | $ | 90,512 | | | $ | 34,359 | | | $ | 4,390 | | $ | 143,912 | |
EQUITABLE FINANCIAL LIFE INSURANCE COMPANY
Notes to Consolidated Financial Statements, Continued
11) LEASES
The Company's operating leases primarily consist of real estate leases for office space. The Company also has operating leases for various types of office furniture and equipment. For certain equipment leases, the Company applies a portfolio approach to effectively account for the RoU operating lease assets and liabilities. For lease agreements for which the lease term or classification was reassessed after the occurrence of a change in the lease terms or a modification of the lease that did not result in a separate contract, the Company elected to combine the lease and related non-lease components for its operating leases; however, the non-lease components associated with the Company’s operating leases are primarily variable in nature and as such are not included in the determination of the RoU operating lease asset and lease liability, but are recognized in the period in which the obligation for those payments is incurred.
The Company’s operating leases may include options to extend or terminate the lease, which are not included in the determination of the RoU operating asset or lease liability unless they are reasonably certain to be exercised. The Company's operating leases have remaining lease terms of 1 year to 15 years, some of which include options to extend the leases. The Company typically does not include its renewal options in its lease terms for calculating its RoU operating lease asset and lease liability as the renewal options allow the Company to maintain operational flexibility and the Company is not reasonably certain it will exercise these renewal options until close to the initial end date of the lease. The Company’s lease agreements do not contain any material residual value guarantees or material restrictive covenants.
As the Company's operating leases do not provide an implicit rate, the Company’s incremental borrowing rate, based on the information available at the lease commencement date, is used in determining the present value of lease payments.
The Company primarily subleases floor space within its New Jersey and New York lease properties to various third parties. The lease term for these subleases typically corresponds to the original lease term.
Balance Sheet Classification of Operating Lease Assets and Liabilities
| | | | | | | | | | | | | | | | | |
| | | December 31, |
| Balance Sheet Line Item | | 2022 | | 2021 |
| | | (in millions) |
Assets | | | | | |
Operating lease assets | Other assets | | $ | 148 | | | $ | 215 | |
Liabilities | | | | | |
Operating lease liabilities | Other liabilities | | $ | 190 | | | $ | 278 | |
EQUITABLE FINANCIAL LIFE INSURANCE COMPANY
Notes to Consolidated Financial Statements, Continued
The table below summarizes the components of lease costs for the years ended December 31, 2022, 2021 and 2020.
Lease Costs
| | | | | | | | | | | | | | |
| Year Ended December 31, |
| 2022 | | 2021 | 2020 |
| (in millions) |
Operating lease cost | $ | 77 | | | $ | 73 | | $ | 77 | |
Variable operating lease cost | 12 | | | 10 | | 11 | |
Sublease income | (19) | | | (18) | | (18) | |
| | | | |
Net lease cost | $ | 70 | | | $ | 65 | | $ | 70 | |
Maturities of lease liabilities as of December 31, 2022 are as follows:
Maturities of Lease Liabilities
| | | | | |
| December 31, 2022 |
| (in millions) |
Operating Leases: | |
2023 | $ | 85 | |
2024 | 36 | |
2025 | 28 | |
2026 | 23 | |
2027 | 19 | |
Thereafter | 24 | |
Total lease payments | 215 | |
Less: Interest | (25) | |
Present value of lease liabilities | $ | 190 | |
Equitable Financial signed a 15-year lease which is expected to commence in 2023 once certain conditions of the lease are met, relating to approximately 89,000 square feet of space in New York City. Additionally, during December 2021, Equitable Financial amended its Syracuse office lease. The amendment included extending for an additional 5-year period, commencing January 1, 2024, approximately 143,000 square feet of space in Syracuse, NY.
The below table presents the Company’s weighted-average remaining operating lease term and weighted-average discount rate.
Weighted Averages - Remaining Operating Lease Term and Discount Rate
| | | | | | | | | | | |
| December 31, |
| 2022 | | 2021 |
Weighted-average remaining operating lease term | 4 years | | 5 years |
Weighted-average discount rate for operating leases | 3.00 | % | | 2.90 | % |
EQUITABLE FINANCIAL LIFE INSURANCE COMPANY
Notes to Consolidated Financial Statements, Continued
Supplemental cash flow information related to leases was as follows:
Lease Liabilities Information
| | | | | | | | | | | | | | | | | |
| Year Ended December 31, |
| 2022 | | 2021 | | 2020 |
| (in millions) |
Cash paid for amounts included in the measurement of lease liabilities: | | | | | |
Operating cash flows from operating leases | $ | 92 | | | $ | 94 | | | $ | 94 | |
Non-cash transactions: | | | | | |
Leased assets obtained in exchange for new operating lease liabilities | $ | 7 | | | $ | 26 | | | $ | 20 | |
12) REINSURANCE
The Company assumes and cedes reinsurance with other insurance companies. The Company evaluates the financial condition of its reinsurers to minimize its exposure to significant losses from reinsurer insolvencies. Ceded reinsurance does not relieve the originating insurer of liability.
The following table summarizes the effect of reinsurance. The impact of the reinsurance transaction described above results in an increase in reinsurance ceded.
| | | | | | | | | | | | | | | | | | | | | |
| | | Year Ended December 31, |
| | | | | 2022 | | 2021 | | 2020 |
| | | | | (in millions) |
Direct premiums | | | | | $ | 764 | | | $ | 762 | | | $ | 764 | |
Reinsurance assumed | | | | | 180 | | | 181 | | | 195 | |
Reinsurance ceded | | | | | (219) | | | (193) | | | (153) | |
Premiums | | | | | $ | 725 | | | $ | 750 | | | $ | 806 | |
| | | | | | | | | |
Direct charges and fee income | | | | | $ | 2,876 | | | $ | 3,125 | | | $ | 2,684 | |
Reinsurance ceded | | | | | (651) | | | (563) | | | 780 | |
Policy charges and fee income | | | | | $ | 2,225 | | | $ | 2,562 | | | $ | 3,464 | |
| | | | | | | | | |
Direct policyholders’ benefits | | | | | $ | 2,800 | | | $ | 2,817 | | | $ | 5,233 | |
Reinsurance assumed | | | | | 180 | | | 217 | | | 218 | |
Reinsurance ceded | | | | | (653) | | | (627) | | | (500) | |
Policyholders’ benefits | | | | | $ | 2,327 | | | $ | 2,407 | | | $ | 4,951 | |
| | | | | | | | | |
| | | | | | | | | |
| | | | | | | | | |
| | | | | | | | | |
| | | | | | | | | |
Ceded Reinsurance
The Company reinsures most of its new variable life, UL and term life policies on an excess of retention basis. The Company generally retains on a per life basis up to $25 million for single lives and $30 million for joint lives with the excess 100% reinsured. The Company also reinsures risk on certain substandard underwriting risks and in certain other cases.
On October 3, 2022, as part of the Global Atlantic Transaction, Equitable Financial ceded to First Allmerica Financial Life Insurance Company on a combined coinsurance and modified coinsurance basis, a 50% quota share of approximately 360,000 legacy Group EQUI-VEST deferred variable annuity contracts issued by Equitable Financial between 1980 and 2008.
In addition to the above, the Company cedes a portion of its group health, extended term insurance, and paid-up life insurance and substantially all of its individual disability income business through various coinsurance agreements.
Assumed Reinsurance
EQUITABLE FINANCIAL LIFE INSURANCE COMPANY
Notes to Consolidated Financial Statements, Continued
In addition to the sale of insurance products, the Company currently acts as a professional retrocessionaire by assuming risk from professional reinsurers. The Company assumes accident, life, health, aviation, special risk and space risks by participating in or reinsuring various reinsurance pools and arrangements.
The following table summarizes the purchased market risk benefits, third-party recoverables, amount due to and from reinsurance and assumed reserves.
| | | | | | | | | | | |
| December 31, |
| 2022 | | 2021 |
| (in millions) |
Ceded Reinsurance: | | | |
Estimated net fair values of purchased market risk benefits (1) | $ | 10,490 | | | $ | 14,293 | |
Third-party reinsurance recoverables related to insurance contracts | 7,131 | | | 3,255 | |
Top reinsurers: | | | |
Venerable Insurance and Annuity Company (A- KBRA (IFRS) rating) | 543 | | | 217 | |
First Allmerica-GAF | 4,005 | | | — | |
Ceded group health reserves | 14 | | | 4 | |
Amount due to reinsurers | 282 | | | 135 | |
Top reinsurers: | | | |
First Allmerica-GAF | 147 | | | — | |
Assumed Reinsurance: | | | |
Reinsurance assumed reserves | $ | 701 | | | $ | 917 | |
_______________
(1)The estimated fair values of purchased MRB risks increased $(3.8) billion and $11 billion for the years ended December 31, 2022 and 2021, respectively. For the year ended December 31, 2020, pre-LDTI, the estimated fair value of ceded GMIB reinsurance contracts, considered derivatives increased $393 million.
13) RELATED PARTY TRANSACTIONS
Parties are considered to be related if one party has the ability to control or exercise significant influence over the other party in making financial or operating decisions.
Cost Sharing and General Service Agreements
Equitable Financial has a general services agreement with Holdings whereby Equitable Financial will benefit from the services received by Holdings and its affiliates. The general services agreement with Holdings replaces existing cost-sharing and general service agreements with various affiliates. Equitable Financial continues to provide services to Holdings and various Affiliates under a separate existing general services agreement with Holdings. Costs allocated to the Company from Holdings totaled $75 million, $30 million and $41 million for the years ended December 31, 2022, 2021 and 2020, respectively, and are allocated based on cost center tracking of expenses. The cost centers are approved annually and are updated based on business area needs throughout the year.
Investment Management and Service Fees and Expenses
EIMG, a subsidiary of Equitable Financial, provides investment management services to EQAT, EQ Premier VIP Trust, 1290 Funds and other trusts, all of which are considered related parties. Investment management and service fees earned are calculated as a percentage of assets under management and are recorded as revenue as the related services are performed.
| | | | | | | | | | | | | | | | | |
| Year Ended December 31, |
| 2022 | | 2021 | | 2020 |
| (in millions) |
Revenue received or accrued for: | | | | | |
Investment management and administrative services provided to EQAT, EQ Premier VIP Trust and 1290 Funds (1) | $ | 708 | | | $ | 757 | | | $ | 724 | |
On June 22, 2021, Holdings completed the formation of EIM, a wholly owned indirect subsidiary of Holdings. Effective August 1, 2021, following the formation of EIM, EIMG terminated, and EIM, entered into certain
EQUITABLE FINANCIAL LIFE INSURANCE COMPANY
Notes to Consolidated Financial Statements, Continued
administrative agreements with separate accounts held by the Company. In addition, on October 1, 2021, the Company entered into an investment advisory and management agreement in which EIM became the investment manager for the Company’s general account portfolio. The Company recorded investment management fee expense from EIM of $92 million and $46 million for the years ended December 31, 2022 and 2021, respectively.
AB provides investment management and related services to various funds held by the Company. The Company recorded investment management fee expense from AB of $44 million, $102 million, and $109 million for the years ended December 31, 2022, 2021 and 2020, respectively.
Distribution Revenue and Expenses with Affiliates
Equitable Distributors receives commissions and fee revenue from Equitable America for sales of its insurance products. The commissions and fees earned from Equitable America are based on the various selling agreements.
| | | | | | | | | | | | | | | | | |
| Year Ended December 31, |
| 2022 | | 2021 | | 2020 |
| (in millions) |
Revenue received or accrued for: | | | | | |
| | | | | |
Amounts received or accrued for commissions and fees earned for sale of Equitable America’s insurance products | $ | 82 | | | $ | 38 | | | $ | 38 | |
| | | | | |
Equitable Financial pays commissions and fees to Equitable Distribution Holding Corporation and its subsidiaries (“Equitable Distribution”) for sales of insurance products. The commissions and fees paid to Equitable Distribution are based on various selling agreements.
| | | | | | | | | | | | | | | | | |
| Year Ended December 31, |
| 2022 | | 2021 | | 2020 |
| (in millions) |
Expenses paid or accrued for: | | | | | |
Paid or accrued commission and fee expenses for sale of insurance products by Equitable Network | $ | 718 | | | $ | 712 | | | $ | 625 | |
_____________
(1) For years ended 2021 and 2020, amounts included fees received from Other AXA Trusts of $3 million and $4 million.
Insurance-Related Transactions with Affiliates
The reinsurance arrangements with EQ AZ Life Re provide important capital management benefits to Equitable Financial. As of December 31, 2022, the Company’s GMIB reinsurance contract asset with EQ AZ Life Re had carrying values of $77 million and is reported in GMIB contract reinsurance asset, at fair value in the Consolidated Balance Sheets. Ceded premiums and policy fee income in 2022, 2021 and 2020 totaled approximately $48 million, $48 million and $51 million, respectively. Ceded claims paid in 2022, 2021 and 2020 were $105 million, $93 million and $72 million, respectively.
Investments in Unconsolidated Equity Interests in Affiliates
AB VIEs
As of December 31, 2022 and 2021, respectively, the Company held approximately $331 million and $313 million of invested assets in the form of equity interests issued in non-corporate legal entities that were determined by the Company to be VIEs, as further described in Note 2 of the Notes to these Consolidated Financial Statements. These legal entities are related parties of Equitable Financial. The Company reflects these equity interests in the Consolidated Balance Sheets as other equity investments. The net assets of these unconsolidated VIEs are approximately $771 million and $968 million as of December 31, 2022 and 2021, respectively. The Company also has approximately $74 million and $126 million of unfunded commitments as of December 31, 2022 and 2021, respectively with these legal entities.
AXA VIEs
EQUITABLE FINANCIAL LIFE INSURANCE COMPANY
Notes to Consolidated Financial Statements, Continued
As of December 31, 2022 the Company held no invested assets in the form of equity interests issued in non-corporate legal entities that were determined by the Company to be VIEs. As of December 31, 2021, the Company held $278 million of invested assets in the form of equity interests issued in non-corporate legal entities that were determined by the Company to be VIEs, as further described in Note 2 of the Notes to these Consolidated Financial Statements. These legal entities are related parties of Equitable Financial. The Company reflects these equity interests in the Consolidated Balance Sheets as other equity investments. The net assets of these unconsolidated VIEs were $12.0 billion as of December 31, 2021. The Company also had approximately $157 million of unfunded commitments as of December 31, 2021 with these legal entities.
Loans Issued to Holdings
In June 2021, Equitable Life made a $1.0 billion 10-year term loan to Holdings. The loan has an interest rate of 3.23% and matures in June 2031. As of December 31, 2022 and 2021, the amount outstanding was $1.0 billion.
In November 2019, Equitable Financial made a $900 million loan to Holdings. The loan has an interest rate of one-month LIBOR plus 1.33%. The loan matures on November 24, 2024. As of December 31, 2022 and 2021, the amount outstanding was $900 million.
14) EMPLOYEE BENEFIT PLANS
Equitable Financial sponsors the following employee benefit plans:
401(k) Plan
Equitable Financial sponsors the Equitable 401(k) Plan, a qualified defined contribution plan for eligible employees and financial professionals. The plan provides for a company contribution, a company matching contribution and a discretionary profit-sharing contribution. Expenses associated with this 401(k) Plan were $17 million, $29 million and $19 million for the years ended December 31, 2022, 2021 and 2020, respectively.
Pension Plan
Equitable Financial sponsors the Equitable Retirement Plan (the “ Equitable Financial QP”), a frozen qualified defined benefit pension plan covering its eligible employees and financial professionals. This pension plan is non-contributory, and its benefits are generally based on a cash balance formula and/or, for certain participants, years of service and average earnings over a specified period in the plan. Effective December 31, 2015, primary liability for the obligations of Equitable Financial under the Equitable Financial QP was transferred from Equitable Financial to AXA Financial, and upon the merger of AXA Financial into Holdings, Holdings assumes primary liability under terms of an Assumption Agreement. Equitable Financial remains secondarily liable for its obligations under the Equitable Financial QP and would recognize such liability in the event Holdings does not perform.
The Equitable Financial QP is not governed by a collective-bargaining agreement and is not under a financial improvement plan or a rehabilitation plan. For the years ended December 31, 2022, 2021 and 2020, (income)/expenses related to the plan were $(25) million, $(12) million and $9 million, respectively.
The following table presents the funded status of the plan:
| | | | | | | | | | | | | | |
| | December 31, |
| | 2022 | | 2021 |
| | (in millions) |
Equitable Retirement Plan | | | | |
Total plan assets | | $ | 1,801 | | | $ | 2,395 | |
Accumulated benefit obligation | | $ | 1,614 | | | $ | 2,045 | |
| | | | |
Funded status | | 111.6 | % | | 117.1 | % |
Other Benefit Plans
Equitable Financial also sponsors a non-qualified retirement plan, a medical and life retiree plan, a post-employment plan and deferred compensation plan. The expenses related to these plans were $22 million, $23 million and $32 million for the years ended December 31, 2022, 2021 and 2020, respectively.
15) SHARE-BASED COMPENSATION PROGRAMS
EQUITABLE FINANCIAL LIFE INSURANCE COMPANY
Notes to Consolidated Financial Statements, Continued
Compensation costs for years ended December 31, 2022, 2021 and 2020 for share-based payment arrangements as further described herein are as follows:
| | | | | | | | | | | | | | | | | |
| Year Ended December 31, |
| 2022 | | 2021 | | 2020 |
| (in millions) |
Performance Shares | $ | 25 | | | $ | 12 | | | $ | 13 | |
Stock Options | 1 | | | — | | | 5 | |
| | | | | |
Restricted Stock Unit Awards | 35 | | | 27 | | | 18 | |
| | | | | |
Total Compensation Expenses | $ | 61 | | | $ | 39 | | | $ | 36 | |
| | | | | |
Income Tax Benefit | $ | 12 | | | $ | 8 | | | $ | 7 | |
Since 2018, Holdings has granted equity awards under the Equitable Holdings, Inc. 2018 Omnibus Incentive Plan and the Equitable Holdings, Inc. 2019 Omnibus Incentive Plan (together the “Omnibus Plans”) which were adopted by Holdings on April 25, 2018 and February 28, 2019 respectively. Awards under the Omnibus Plans are linked to Holdings’ common stock. As of December 31, 2022, the common stock reserved and available for issuance under the Omnibus Plans was 22 million shares. Holdings may issue new shares or use common stock held in treasury for awards linked to Holdings’ common stock.
Equitable Financial’s Participation in Holdings’ Equity Award Plans
Equitable Financial’s employees, financial professionals and directors in 2019 and 2018 were granted equity awards under the Omnibus Plans with the exception of the Holdings restricted stock units (“Holdings RSUs”) granted to financial professionals in 2018. All grants discussed in this section will be settled in shares of Holdings’ common stock except for the RSUs granted to financial professionals in 2019 and 2018 which will be settled in cash.
For awards with graded vesting schedules and service-only vesting conditions, including Holdings RSUs and other forms of share-based payment awards, Holdings applies a straight-line expense attribution policy for the recognition of compensation cost. Actual forfeitures with respect to the 2022, 2021 and 2020 grants were considered immaterial in the recognition of compensation cost.
Annual Awards
Each year, the Compensation Committee of the Holdings’ Board of Directors approves an equity-based award program with awards under the program granted at its regularly scheduled meeting in February. Annual awards under Holdings’ equity programs for 2022, 2021 and 2020 consisted of a mix of equity vehicles including Holdings RSUs, Holdings stock options and Holdings performance shares. If Holdings pays any ordinary dividend in cash, all outstanding Holdings RSUs and performance shares will accrue dividend equivalents in the form of additional Holdings RSUs or performance shares to be settled or forfeited consistent with the terms of the related award.
Holdings RSUs
Holdings RSUs granted to Equitable Financial employees vest ratably in equal annual installments over a three-year period. The fair value of the awards was measured using the closing price of the Holdings share on the grant date, and the resulting compensation expense will be recognized over the shorter of the vesting term or the period up to the date at which the participant becomes retirement eligible, but not less than one year.
Holdings Stock Options
Holdings stock options granted to Equitable Financial employees have a three-year graded vesting schedule, with one-third vesting on each of the three anniversaries. The total grant date fair value of Holdings stock options will be charged to expense over the shorter of the vesting period or the period up to the date at which the participant becomes retirement eligible, but not less than one year.
Holdings Performance Shares
Holdings performance shares granted to Equitable Financial employees are subject to performance conditions and a three-year cliff-vesting. The performance shares consist of two distinct tranches; one based on Holding’s return-on-equity targets (the “ROE Performance Shares”) and the other based on the Holdings’ relative total shareholder return
EQUITABLE FINANCIAL LIFE INSURANCE COMPANY
Notes to Consolidated Financial Statements, Continued
targets (the “TSR Performance Shares”), each comprising approximately one-half of the award. Participants may receive from 0% to 200% of the unearned performance shares granted. The grant-date fair value of the ROE Performance Shares is established once all of Holdings’ applicable Non-GAAP ROE targets are determined and approved. The fair value of the awards was measured using the closing price of the Holdings share on the grant date.
The grant-date fair value of the TSR Performance Shares was measured using a Monte Carlo approach. Under the Monte Carlo approach, stock returns were simulated for Holdings and the selected peer companies to estimate the payout percentages established by the conditions of the award. The aggregate grant-date fair value of the unearned TSR Performance Shares will be recognized as compensation expense over the shorter of the cliff-vesting period or the period up to the date at which the participant becomes retirement eligible, but not less than one year.
Director Awards
Holdings makes annual grants of unrestricted Holdings shares to non-employee directors of Holdings and Equitable Financial. The fair value of these awards was measured using the closing price of Holdings shares on the grant date. These awards immediately vest and all compensation expense is recognized at the grant date.
Prior Equity Award Grants
In 2017 and prior years, equity awards for employees, financial professional and directors in our businesses were available under the umbrella of AXA’s global equity program. Accordingly, equity awards granted in 2017 and prior years were linked to AXA’s stock.
The fair values of these prior awards are measured at the grant date by reference to the closing price of the AXA ordinary share, and the result, as adjusted for achievement of performance targets and pre-vesting forfeitures, generally is attributed over the shorter of the requisite service period, the performance period, if any, or to the date at which retirement eligibility is achieved and subsequent service no longer is required for continued vesting of the award.
Summary of Stock Option Activity
A summary of activity in the AXA and Holdings option plans during 2022 as follows:
| | | | | | | | | | | | | | | | | | | | | | | | |
| Options Outstanding |
| EQH Shares | | AXA Ordinary Shares | |
| Number Outstanding (In 000’s) | | Weighted Average Exercise Price | | Number Outstanding (In 000’s) | | Weighted Average Exercise Price | |
Options Outstanding at January 1, 2022 | 1,664 | | | $ | 21.66 | | | 729 | | | € | 22.44 | | |
Options granted | — | | | 15.69 | | | — | | | — | | |
Options exercised | (54) | | | 19.34 | | | (148) | | | 20.40 | | |
Options forfeited, net | (20) | | | 22.57 | | | (22) | | | 23.92 | | |
Options expired | — | | | — | | | — | | | — | | |
Options Outstanding at December 31, 2022 | 1,590 | | | $ | 21.72 | | | 559 | | | € | 22.92 | | |
Aggregate intrinsic value (1) | | | $ | 4,862 | | | | | € | — | | |
Weighted average remaining contractual term (in years) | 6.54 | | | | 4.00 | | | |
Options Exercisable at December 31, 2022 | 1,247 | | | $ | 21.42 | | | 529 | | | € | 23.00 | | |
Aggregate intrinsic value (1) | | | $ | 4,183 | | | | | € | — | | |
Weighted average remaining contractual term (in years) | 6.40 | | | | 3.91 | | | |
____________
(1)Aggregate intrinsic value, presented in thousands, is calculated as the excess of the closing market price on December 31, 2022 of the respective underlying shares over the strike prices of the option awards. For awards with strike prices higher than market prices, intrinsic value is shown as zero.
A summary of stock option grant assumptions activity in Holdings option plans during years ended December 31, 2022, 2021, and 2020 follows:
EQUITABLE FINANCIAL LIFE INSURANCE COMPANY
Notes to Consolidated Financial Statements, Continued
| | | | | | | | | | | | | | | | | |
| EQH Shares (1) |
| 2022 (2) | | 2021 (2) | | 2020 |
Dividend yield | — | % | | — | % | | 2.59 | % |
Expected volatility | — | % | | — | % | | 26.00 | % |
Risk-free interest rates | — | % | | — | % | | 1.19 | % |
Expected life in years | 0.0 | | 0.0 | | 6.0 |
Weighted average fair value per option at grant date | $ | — | | | $ | — | | | $ | 4.37 | |
____________
(1)The expected volatility is based on historical selected peer data, the weighted average expected term is determined by using the simplified method due to lack of sufficient historical data, the expected dividend yield based on Holdings’ expected annualized dividend, and the risk-free interest rate is based on the U.S. Treasury bond yield for the appropriate expected term.
(2) No stock options granted during the years ended December 31, 2022 and 2021.
As of December 31, 2022, approximately $31 thousand of unrecognized compensation cost related to AXA unvested stock option awards is expected to be recognized by the Equitable Financial over a weighted-average period of 0.2 years. Approximately $92 thousand of unrecognized compensation cost related to Holdings unvested stock option awards is expected to be recognized by the Equitable Financial over a weighted average period of 0.15 years.
Summary of Restricted Stock Unit Award Activity
The market price of a Holdings share is used as the basis for the fair value measure of a Holdings RSU. For purposes of determining compensation cost for stock-settled Holdings RSUs, fair value is fixed at the grant date until settlement, absent modification to the terms of the award. For liability-classified cash-settled Holdings and AXA RSUs, fair value is remeasured at the end of each reporting period.
As of December 31, 2022, approximately 1.9 million Holdings RSUs awards remain unvested. Unrecognized compensation cost related to these awards totaled approximately $25 million and is expected to be recognized over a weighted-average period of 1.6 years.
The following table summarizes Holdings restricted share units activity for 2022.
| | | | | | | | | | | | | | | |
| Shares of Holdings Restricted Stock | | Weighted Average Grant Date Fair Value | | | | |
Unvested as of January 1, 2022 | 2,391,091 | | | $ | 21.15 | | | | | |
Granted | 997,973 | | | 33.28 | | | | | |
Forfeited | (145,072) | | | 28.79 | | | | | |
Vested | (1,299,023) | | | 23.71 | | | | | |
Unvested as of December 31, 2022 | 1,944,969 | | | $ | 29.78 | | | | | |
Summary of Performance Award Activity
As of December 31, 2022, approximately 1.1 million Holdings remain unvested. Unrecognized compensation cost related to these awards totaled approximately $8 million and is expected to be recognized over a weighted-average period of 1.5 years.
The following table summarizes Holdings and AXA performance awards activity for 2022.
| | | | | | | | | | | | | | | | | | | | | | | |
| Shares of Holdings Performance Awards | | Weighted-Average Grant Date Fair Value | | Shares of AXA Performance Awards | | Weighted-Average Grant Date Fair Value |
Unvested as of January 1, 2022 | 993,320 | | | $ | 28.87 | | | 52,844 | | | $ | 21.28 | |
Granted | 568,749 | | | 33.01 | | | — | | | — | |
Forfeited | (87,498) | | | 28.41 | | | — | | | — | |
Vested | (403,201) | | | 23.89 | | | (52,844) | | | 21.28 | |
Unvested as of December 31, 2022 | 1,071,369 | | | $ | 32.98 | | | — | | | $ | — | |
EQUITABLE FINANCIAL LIFE INSURANCE COMPANY
Notes to Consolidated Financial Statements, Continued
16) INCOME TAXES
A summary of the income tax (expense) benefit in the consolidated statements of income (loss) follows:
| | | | | | | | | | | | | | | | | |
| Year Ended December 31, |
| 2022 | | 2021 | | 2020 |
| (in millions) |
Income tax (expense) benefit: | | | | | |
Current (expense) benefit | $ | 32 | | | $ | 11 | | | $ | (112) | |
Deferred (expense) benefit | (420) | | | (203) | | | 739 | |
Total | $ | (388) | | | $ | (192) | | | $ | 627 | |
The Federal income taxes attributable to consolidated operations are different from the amounts determined by multiplying the earnings before income taxes and noncontrolling interest by the expected Federal income tax rate of 21%. The sources of the difference and their tax effects are as follows:
| | | | | | | | | | | | | | | | | |
| Year Ended December 31, |
| 2022 | | 2021 | | 2020 |
| (in millions) |
Expected income tax (expense) benefit | $ | (417) | | | $ | (273) | | | $ | 291 | |
| | | | | |
Non-taxable investment income | 50 | | | 79 | | | 91 | |
Tax audit interest | (13) | | | (14) | | | (8) | |
| | | | | |
Tax settlements/uncertain tax position release | — | | | — | | | 231 | |
Tax credits | 17 | | | 28 | | | 21 | |
Deferred tax adjustment | (21) | | | — | | | — | |
Other | (4) | | | (12) | | | 1 | |
Income tax (expense) benefit | $ | (388) | | | $ | (192) | | | $ | 627 | |
During the fourth quarter of 2020, the Company agreed to the Internal Revenue Service’s Revenue Agent’s Report for its consolidated 2010 through 2013 Federal corporate income tax returns. The impact on the Company’s financial statements and unrecognized tax benefits was a tax benefit of $231 million.
The components of the net deferred income taxes are as follows:
| | | | | | | | | | | | | | | | | | | | | | | |
| December 31, |
| 2022 | | 2021 |
| Assets | | Liabilities | | Assets | | Liabilities |
| (in millions) |
Compensation and related benefits | $ | 62 | | | $ | — | | | $ | 46 | | | $ | — | |
Net operating loss and credits | 505 | | | — | | | 732 | | | — | |
Reserves and reinsurance | 986 | | | — | | | 2,072 | | | — | |
DAC | — | | | 789 | | | — | | | 752 | |
Unrealized investment gains (losses) | 1,910 | | | — | | | — | | | 500 | |
Investments | 451 | | | — | | | — | | | 18 | |
| | | | | | | |
Other | 108 | | | — | | | 31 | | | — | |
Valuation allowance | (1,489) | | | — | | | — | | | — | |
Total | $ | 2,533 | | | $ | 789 | | | $ | 2,881 | | | $ | 1,270 | |
During the fourth quarter of 2022, the Company established a valuation allowance of $1.5 billion against its deferred tax assets related to unrealized capital losses in the available for sale securities portfolio. When assessing recoverability, the Company considers its ability and intent to hold the underlying securities to recovery. The recent increase in interest rates caused the portfolio to swing to an unrealized loss position. Due to the potential need for liquidity in a macro stress environment, the Company does not currently have the intent to hold the underlying
EQUITABLE FINANCIAL LIFE INSURANCE COMPANY
Notes to Consolidated Financial Statements, Continued
securities to recovery. Based on all available evidence, as of December 31, 2022, the Company concluded that a valuation allowance should be established on the deferred tax assets related to unrealized tax capital losses, net of realized capital gains, that are not more-likely-than-not to be realized.
The Company has Federal net operating loss carryforwards of $2.3 billion and $3.4 billion for the years ending December 31, 2022 and December 31, 2021, respectively which do not expire.
A reconciliation of unrecognized tax benefits (excluding interest and penalties) follows:
| | | | | | | | | | | | | | | | | |
| |
| 2022 | | 2021 | | 2020 |
| (in millions) |
Balance at January 1, | $ | 295 | | | $ | 281 | | | $ | 297 | |
Additions for tax positions of prior years | — | | | 17 | | | 229 | |
Reductions for tax positions of prior years | — | | | (3) | | | (250) | |
Additions for tax positions of current year | — | | | — | | | — | |
Settlements with tax authorities | — | | | — | | | 5 | |
December 31, | $ | 295 | | | $ | 295 | | | $ | 281 | |
| | | | | |
Unrecognized tax benefits that, if recognized, would impact the effective rate | $ | 43 | | | $ | 43 | | | $ | 47 | |
The Company recognizes accrued interest and penalties related to unrecognized tax benefits in tax expense. Interest and penalties included in the amounts of unrecognized tax benefits as of December 31, 2022 and 2021 were $61 million and $47 million, respectively. For 2022, 2021 and 2020, respectively, there were $13 million, $14 million and $(21) million in interest expense (benefit) related to unrecognized tax benefits.
It is reasonably possible that the total amount of unrecognized tax benefits will change within the next 12 months due to the conclusion of IRS proceedings and the addition of new issues for open tax years. The possible change in the amount of unrecognized tax benefits cannot be estimated at this time.
As of December 31, 2022, tax years 2014 and subsequent remain subject to examination by the IRS.
17) EQUITY
AOCI represents cumulative gains (losses) on items that are not reflected in net income (loss). The balances as of December 31, 2022 and 2021 follow:
| | | | | | | | | | | | | |
| December 31, |
| 2022 | | 2021 | | |
| (in millions) |
Unrealized gains (losses) on investments | $ | (8,873) | | | $ | 3,194 | | | |
Market risk benefits - instrument-specific credit risk component | 665 | | | (912) | | | |
Liability for future policy benefits - current discount rate component | 357 | | | (962) | | | |
Defined benefit pension plans | (4) | | | (4) | | | |
Total accumulated other comprehensive income (loss) | $ | (7,855) | | | $ | 1,316 | | | |
Less: Accumulated other comprehensive income (loss) attributable to noncontrolling interest | | | | | |
Accumulated other comprehensive income (loss) attributable to Equitable Financial | $ | (7,855) | | | $ | 1,316 | | | |
The components of OCI, net of taxes for the years ended December 31, 2022, 2021 and 2020, follow:
EQUITABLE FINANCIAL LIFE INSURANCE COMPANY
Notes to Consolidated Financial Statements, Continued
| | | | | | | | | | | | | | | | | | | | | |
| | | Year Ended December 31, |
| | | | | 2022 | | 2021 | | 2020 |
| | | | | (in millions) |
Change in net unrealized gains (losses) on investments: | | | | | | | | | |
Net unrealized gains (losses) arising during the period (1) | | | | | $ | (12,915) | | | $ | (2,293) | | | $ | 4,698 | |
(Gains) losses reclassified into net income (loss) during the period (2) | | | | | 700 | | | (686) | | | (633) | |
Net unrealized gains (losses) on investments | | | | | (12,215) | | | (2,979) | | | 4,065 | |
Adjustments for policyholders’ liabilities, DAC, insurance liability loss recognition and other (3) | | | | | 755 | | | 476 | | | (1,066) | |
Change in unrealized gains (losses), net of adjustments (net of deferred income tax expense (benefit) of $(1,162), $(665) and $798) | | | | | (11,460) | | | (2,503) | | | 2,999 | |
Change in LFPB discount rate and MRB credit risk, net of tax | | | | | | | | | |
Changes in market risk benefits - instrument-specific credit risk (net of deferred income tax expense (benefit) of $331, $13 and $0) | | | | | 1,247 | | | 51 | | | — | |
Changes in liability for future policy benefits - current discount rate (net of deferred income tax expense (benefit) of $277, $71 and $0) | | | | | 1,042 | | | 267 | | | — | |
| | | | | | | | | |
| | | | | | | | | |
| | | | | | | | | |
Other comprehensive income (loss), attributable to Equitable Financial | | | | | (9,171) | | | (2,185) | | | 2,999 | |
Cumulative effect of adoption of ASU 2018-02, Long Duration Targeted Improvements (net of deferred income tax expense (benefit) of $0, $(291) and $0) | | | | | — | | | (1,094) | | | — | |
Change in accumulated other comprehensive income (loss) attributable to Equitable Financial | | | | | $ | (9,171) | | | $ | (3,279) | | | $ | 2,999 | |
____________
(1)For 2022, unrealized gains (losses) arising during the period is presented net of a valuation allowance of $1.5 billion established during the fourth quarter of 2022. The Company established the valuation allowance against its deferred tax assets related to unrealized capital losses in the available for sale securities portfolio. See Note 14 of the Notes to these Consolidated Financial Statements for details on the valuation allowance.
(2)See “Reclassification adjustment” in Note 3 of the Notes to these Consolidated Financial Statements. Reclassification amounts presented net of income tax expense (benefit) of $186 million, $182 million and $(168) million for the years ended December 31, 2022, 2021 and 2020, respectively.
(3)DAC is pre-LDTI and only reported in 2020.
Investment gains and losses reclassified from AOCI to net income (loss) primarily consist of realized gains (losses) on sales and credit losses of AFS securities and are included in total investment gains (losses), net on the consolidated statements of income (loss). Amounts reclassified from AOCI to net income (loss) as related to defined benefit plans primarily consist of amortization of net (gains) losses and net prior service cost (credit) recognized as a component of net periodic cost and reported in compensation and benefits in the consolidated statements of income (loss). Amounts presented in the table above are net of tax.
18) COMMITMENTS AND CONTINGENT LIABILITIES
Litigation and Regulatory Matters
Litigation, regulatory and other loss contingencies arise in the ordinary course of the Company’s activities as a diversified financial services firm. The Company is a defendant in a number of litigation matters arising from the conduct of its business. In some of these matters, claimants seek to recover very large or indeterminate amounts, including compensatory, punitive, treble and exemplary damages. Modern pleading practice permits considerable variation in the assertion of monetary damages and other relief. Claimants are not always required to specify the monetary damages they seek, or they may be required only to state an amount sufficient to meet a court’s jurisdictional requirements. Moreover, some jurisdictions allow claimants to allege monetary damages that far exceed any reasonably possible verdict. The variability in pleading requirements and past experience demonstrates that the monetary and other relief that may be requested in a lawsuit or claim often bears little relevance to the merits or potential value of a claim. Litigation against the Company includes a variety of claims including, among other things, insurers’ sales practices, alleged agent misconduct, alleged failure to properly supervise agents, contract administration, product design, features and accompanying disclosure, cost of insurance increases, payments of death benefits and the reporting and escheatment of unclaimed property, alleged breach of fiduciary duties, alleged mismanagement of client funds and other matters.
EQUITABLE FINANCIAL LIFE INSURANCE COMPANY
Notes to Consolidated Financial Statements, Continued
The outcome of a litigation or regulatory matter is difficult to predict, and the amount or range of potential losses associated with these or other loss contingencies requires significant management judgment. It is not possible to predict the ultimate outcome or to provide reasonably possible losses or ranges of losses for all pending regulatory matters, litigation and other loss contingencies. While it is possible that an adverse outcome in certain cases could have a material adverse effect upon the Company’s financial position, based on information currently known, management believes that neither the outcome of pending litigation and regulatory matters, nor potential liabilities associated with other loss contingencies, are likely to have such an effect. However, given the large and indeterminate amounts sought in certain litigation and the inherent unpredictability of all such matters, it is possible that an adverse outcome in certain of the Company’s litigation or regulatory matters, or liabilities arising from other loss contingencies, could, from time to time, have a material adverse effect upon the Company’s results of operations or cash flows in a particular quarterly or annual period.
For some matters, the Company is able to estimate a range of loss. For such matters in which a loss is probable, an accrual has been made. For matters where the Company believes a loss is reasonably possible, but not probable, no accrual is required. For matters for which an accrual has been made, but there remains a reasonably possible range of loss in excess of the amounts accrued or for matters where no accrual is required, the Company develops an estimate of the unaccrued amounts of the reasonably possible range of losses. As of December 31, 2022, the Company estimates the aggregate range of reasonably possible losses, in excess of any amounts accrued for these matters as of such date, to be up to approximately $250 million.
For other matters, the Company is currently not able to estimate the reasonably possible loss or range of loss. The Company is often unable to estimate the possible loss or range of loss until developments in such matters have provided sufficient information to support an assessment of the range of possible loss, such as quantification of a damage demand from plaintiffs, discovery from plaintiffs and other parties, investigation of factual allegations, rulings by a court on motions or appeals, analysis by experts and the progress of settlement discussions. On a quarterly and annual basis, the Company reviews relevant information with respect to litigation and regulatory contingencies and updates the Company’s accruals, disclosures and reasonably possible losses or ranges of loss based on such reviews.
In February 2016, a lawsuit was filed in the Southern District of New York entitled Brach Family Foundation, Inc. v. AXA Equitable Life Insurance Company. This lawsuit is a putative class action brought on behalf of all owners of UL policies subject to Equitable Financial’s COI rate increase. In early 2016, Equitable Financial raised COI rates for certain UL policies issued between 2004 and 2008, which had both issue ages 70 and above and a current face value amount of $1 million and above. A second putative class action was filed in the District of Arizona in 2017 and consolidated with the Brach matter in federal court in New York. The consolidated amended class action complaint alleges the following claims: breach of contract; misrepresentations in violation of Section 4226 of the New York Insurance Law; violations of New York General Business Law Section 349; and violations of the California Unfair Competition Law, and the California Elder Abuse Statute. Plaintiffs seek: (a) compensatory damages, costs, and, pre- and post-judgment interest; (b) with respect to their claim concerning Section 4226, a penalty in the amount of premiums paid by the plaintiffs and the putative class; and (c) injunctive relief and attorneys’ fees in connection with their statutory claims. In August 2020, the federal district court issued a decision certifying nationwide breach of contract and Section 4226 classes, and a New York State Section 349 class. Owners of a substantial number of policies opted out of the Brach class action. Most opt-out policies are not yet the subject of litigation. Others filed suit previously, including three federal actions that have been coordinated with the Brach action and contain similar allegations along with additional allegations for violations of state consumer protection statutes and common law fraud. In March 2022, the federal district court issued a summary judgment decision, denying in significant part but granting in part Equitable Financial’s motion and denying the motion filed by plaintiffs in the coordinated actions. In July 2022, the federal district court granted Equitable Financial’s motion to reconsider its summary judgment decision in part and granted summary judgment as to a portion of the Section 4226 class. The federal district court also agreed to consider whether it should decertify the Section 4226 class. In January 2023, the federal district court declined to decertify the class and instead modified it to replace certain class members. Beginning October 30, 2023, the federal district court will hold one consolidated trial for the Brach action and the three coordinated actions. Equitable Financial has commenced settlement discussions with the Brach class action plaintiffs and plaintiffs in the coordinated actions. No assurances can be given about the outcome of those settlement discussions. Equitable Financial has settled actual and threatened litigations challenging the COI increase by individual policyowners and one entity that invested in numerous policies purchased in the life settlement market. Two actions are also pending against Equitable Financial in New York state court. In July 2022, the trial court in one of the New York state court actions, Hobish v. AXA Equitable Life Insurance Company, granted in significant part Equitable Financial’s motion for summary judgment and denied plaintiff’s cross motion. That plaintiff filed a notice of appeal and Equitable filed a notice of cross-appeal. Equitable Financial is vigorously defending each of these matters.
EQUITABLE FINANCIAL LIFE INSURANCE COMPANY
Notes to Consolidated Financial Statements, Continued
As with other financial services companies, Equitable Financial periodically receives informal and formal requests for information from various state and federal governmental agencies and self-regulatory organizations in connection with inquiries and investigations of the products and practices of the Company or the financial services industry. It is the practice of the Company to cooperate fully in these matters.
Obligations under Funding Agreements
Federal Home Loan Bank (“FHLB”)
As a member of the FHLB, Equitable Financial has access to collateralized borrowings. It also may issue funding agreements to the FHLB. Both the collateralized borrowings and funding agreements would require Equitable Financial to pledge qualified mortgage-backed assets and/or government securities as collateral. Equitable Financial issues short-term funding agreements to the FHLB and uses the funds for asset, liability, and cash management purposes. Equitable Financial issues long-term funding agreements to the FHLB and uses the funds for spread lending purposes.
Entering into FHLB membership, borrowings and funding agreements requires the ownership of FHLB stock and the pledge of assets as collateral. Equitable Financial has purchased FHLB stock of $394 million and pledged collateral with a carrying value of $11.8 billion as of December 31, 2022.
Funding agreements are reported in policyholders’ account balances in the consolidated balance sheets. For other instruments used for asset/liability and cash management purposes, see “Derivative and offsetting assets and liabilities” included in Note 4 of the Notes to these Consolidated Financial Statements. The table below summarizes the Company’s activity of funding agreements with the FHLB.
Change in FHLB Funding Agreements during the Year Ended December 31, 2022
| | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | |
| Outstanding Balance at December 31, 2021 | | Issued During the Period | | Repaid During the Period | | Long-term Agreements Maturing Within One Year | | Long-term Agreements Maturing Within Five Years | | Outstanding Balance at December 31, 2022 |
| (in millions) |
Short-term funding agreements: | | | | | | | | | | | |
Due in one year or less | $ | 5,353 | | | $ | 54,316 | | | $ | (53,790) | | | $ | 251 | | | $ | — | | | $ | 6,130 | |
Long-term funding agreements: | | | | | | | | | | | |
Due in years two through five | 1,290 | | | 640 | | | — | | | (251) | | | — | | | 1,679 | |
Due in more than five years | — | | | 692 | | | — | | | — | | | — | | | 692 | |
Total long-term funding agreements | 1,290 | | | 1,332 | | | — | | | (251) | | | — | | | 2,371 | |
Total funding agreements (1) | $ | 6,643 | | | $ | 55,648 | | | $ | (53,790) | | | $ | — | | | $ | — | | | $ | 8,501 | |
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(1)The $4 million and $4 million difference between the funding agreements carrying value shown in fair value table for December 31, 2022 and 2021, respectively, reflects the remaining amortization of a hedge implemented and closed, which locked in the funding agreements borrowing rates.
Funding Agreement-Backed Notes Program (“FABN”)
Under the FABN program, Equitable Financial may issue funding agreements in U.S. dollar or foreign currencies to a Delaware special purpose statutory trust (the “Trust”) in exchange for the proceeds from issuances of fixed and floating rate medium-term marketable notes issued by the Trust from time to time (the “Trust Notes”). The funding agreements have matching interest, maturity and currency payment terms to the applicable Trust Notes. The Company hedges the foreign currency exposure of foreign currency denominated funding agreements using cross currency swaps as discussed in Note 4 of the Notes to these Consolidated Financial Statements. As of December 31, 2022, the maximum aggregate principal amount of Trust Notes permitted to be outstanding at any one time is $10 billion. Funding agreements issued to the Trust, including any foreign currency transaction adjustments, are reported in policyholders’ account balances in the consolidated balance sheets. Foreign currency transaction adjustments to policyholder’s account balances are recognized in net income (loss) as an adjustment to interest credited to policyholders’ account balances and are offset in interest credited to policyholders’ account balances by a release of
EQUITABLE FINANCIAL LIFE INSURANCE COMPANY
Notes to Consolidated Financial Statements, Continued
AOCI from deferred changes in fair value of designated and qualifying cross currency swap cash flow hedges. The table below summarizes Equitable Financial’s issuances of funding agreements under the FABN program.
Change in FABN Funding Agreements during the Year Ended December 31, 2022
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| Outstanding Balance at December 31, 2021 | | Issued During the Period | | Repaid During the Period | | Long-term Agreements Maturing Within One Year | | Long-term Agreements Maturing Within Five Years | | | | Foreign Currency Transaction Adjustment | | Outstanding Balance at December 31, 2022 |
| (in millions) |
Short-term funding agreements: | | | | | | | | | | | | | | | |
Due in one year or less | $ | — | | | $ | — | | | $ | — | | | $ | 1,500 | | | $ | — | | | | | $ | — | | | $ | 1,500 | |
Long-term funding agreements: | | | | | | | | | | | | | | | |
Due in years two through five | 4,600 | | | 400 | | | — | | | (1,500) | | | 500 | | | | | — | | | 4,000 | |
Due in more than five years | 2,119 | | | — | | | — | | | — | | | (500) | | | | | (34) | | | 1,585 | |
Total long-term funding agreements | 6,719 | | | 400 | | | — | | | (1,500) | | | — | | | | | (34) | | | 5,585 | |
Total funding agreements (1) | $ | 6,719 | | | $ | 400 | | | $ | — | | | $ | — | | | $ | — | | | | | $ | (34) | | | $ | 7,085 | |
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(1)The $66 million and $70 million difference between the funding agreements notional value shown and carrying value table as of December 31, 2022 and 2021, respectively, reflects the remaining amortization of the issuance cost of the funding agreements and the foreign currency transaction adjustment.
Guarantees and Other Commitments
The Company provides certain guarantees or commitments to affiliates and others. As of December 31, 2022, these arrangements include commitments by the Company to provide equity financing of $1.3 billion to certain limited partnerships and real estate joint ventures under certain conditions. Management believes the Company will not incur material losses as a result of these commitments.
The Company had $17 million of undrawn letters of credit related to reinsurance as of December 31, 2022. The Company had $703 million of commitments under existing mortgage loan agreements as of December 31, 2022.
The Company is the obligor under certain structured settlement agreements it had entered into with unaffiliated insurance companies and beneficiaries. To satisfy its obligations under these agreements, the Company owns single premium annuities issued by previously wholly-owned life insurance subsidiaries. The Company has directed payment under these annuities to be made directly to the beneficiaries under the structured settlement agreements. A contingent liability exists with respect to these agreements should the previously wholly-owned subsidiaries be unable to meet their obligations. Management believes the need for the Company to satisfy those obligations is remote.
19) INSURANCE STATUTORY FINANCIAL INFORMATION
For 2022, 2021 and 2020, respectively, Equitable Financial’s statutory net income (loss) totaled $134 million, $(865) million and $413 million. Statutory surplus, Capital stock and AVR totaled $6.6 billion and $6.5 billion as of December 31, 2022 and 2021, respectively. As of December 31, 2022, Equitable Financial, in accordance with various government and state regulations, had $5 million of securities on deposit with such government or state agencies.
In 2022 and 2020, Equitable Financial paid to its direct parent, which subsequently distributed such amount to Holdings, an ordinary shareholder dividend of $930 million and $2.1 billion, respectively. Equitable Financial did not pay ordinary dividends during 2021 due to operating losses.
Dividend Restrictions
As a domestic insurance subsidiary regulated by the insurance laws of New York State, Equitable Financial is subject to restrictions as to the amounts the Company may pay as dividends and amounts the Company may repay of surplus notes to Holdings.
State insurance statutes also typically place restrictions and limitations on the amount of dividends or other distributions payable by insurance company subsidiaries to their parent companies, as well as on transactions between an insurer and its affiliates. Under the New York insurance laws, which are applicable to Equitable Financial, a domestic stock life insurer may not, without prior approval of the NYDFS, pay an ordinary dividend to its stockholders
EQUITABLE FINANCIAL LIFE INSURANCE COMPANY
Notes to Consolidated Financial Statements, Continued
exceeding an amount calculated based on a statutory formula (“Ordinary Dividend”). Dividends in excess of this amount require the insurer to file a notice of its intent to declare the dividends with the NYDFS and obtain prior approval or non-disapproval from the NYDFS with respect to such dividends (“Extraordinary Dividend”). Due to a permitted statutory accounting practice agreed to with the NYDFS, Equitable Financial will need the prior approval of the NYDFS to pay the portion, if any, of any Ordinary Dividend that exceeds the Ordinary Dividend that Equitable Financial would be permitted to pay under New York insurance law absent the application of such permitted practice (such excess, the “Permitted Practice Ordinary Dividend”).
Applying the formulas above, Equitable Financial could pay an Ordinary Dividend of up to approximately $1.7 billion in 2023.
Intercompany Reinsurance
The company receives statutory reserve credits for reinsurance treaties with EQ AZ Life Re to the extent EQ AZ Life Re holds assets in an irrevocable trust (the “EQ AZ Life Re Trust”). As of December 31, 2022, EQ AZ Life Re holds $1.7 billion of assets in the EQ AZ Life Re Trust and letters of credit of $2.1 billion that are guaranteed by Holdings. Under the reinsurance transactions, EQ AZ Life Re is permitted to transfer assets from the EQ AZ Life Re Trust under certain circumstances. The level of statutory reserves held by EQ AZ Life Re fluctuate based on market movements, mortality experience and policyholder behavior. Increasing reserve requirements may necessitate that additional assets be placed in trust and/or additional letters of credit be secured, which could adversely impact EQ AZ Life Re’s liquidity.
Prescribed and Permitted Accounting Practices
As of December 31, 2022, the following three prescribed and permitted practices resulted in net income (loss) and capital and surplus that is different from the statutory surplus that would have been reported had NAIC statutory accounting practices been applied.
Equitable Financial was granted a permitted practice by the NYDFS to apply SSAP 108, Derivatives Hedging Variable Annuity Guarantees on a retroactive basis from January 1, 2021 through June 30, 2021, after reflecting the impacts of our reinsurance transaction with Venerable. The permitted practice was amended to also permit Equitable Financial to adopt SSAP 108 prospectively as of July 1, 2021 and to consider the impact of both the interest rate derivatives and the general account assets used to fully hedge the interest rate risk inherent in its variable annuity guarantees when determining the amount of the deferred asset or liability under SSAP 108. Application of the permitted practice partially mitigates the New York Insurance Regulation 213 (“Reg 213”) impact of the Venerable Transaction on Equitable Financial’s statutory capital and surplus and enables Equitable Financial to more effectively neutralize the impact of interest rates on its statutory surplus and to better align with our economic hedging program. The impact of applying this permitted practice relative to SSAP 108 as written was an increase of approximately $86 million in statutory special surplus funds, a decrease of $1.3 billion in statutory net income for the year ended December 31, 2022 and an increase of $1.4 billion for the year ended December 31, 2021, which will be amortized over five years for each of the retrospective and prospective components. The permitted practice also reset Equitable Financial’s unassigned surplus to zero as of June 30, 2021 to reflect the transformative nature of the Venerable Transaction.
The NAIC Accounting Practices and Procedures manual (“NAIC SAP”) has been adopted as a component of prescribed or permitted practices by the State of New York. However, Reg 213 adopted in May of 2019 and as amended in February 2020 and March 2021, differs from the NAIC variable annuity reserve and capital framework. Reg 213 requires Equitable Financial to carry statutory basis reserves for its variable annuity contract obligations equal to the greater of those required under (i) the NAIC standard or (ii) a revised version of the NYDFS requirement in effect prior to the adoption of the first amendment for contracts issued prior to January 1, 2020, and for policies issued after that date a new standard that in current market conditions imposes more conservative reserving requirements for variable annuity contracts than the NAIC standard.
The impact of the application of Reg 213 was a decrease of approximately $1.9 billion in statutory surplus as of December 31, 2022 compared to statutory surplus under the NAIC variable annuity framework. Our hedging program is designed to hedge the economics of our insurance liabilities and largely offsets Reg 213 and NAIC framework reserve movements due to interest rates and equities. The NYDFS allows domestic insurance companies a five year phase-in provision for Reg 213 reserves. As of September 30, 2022, Equitable Financial’s Reg 213 reserves were 100% phased-in. As of December 31, 2022, given the prevailing market conditions and business mix, there are no Reg 213 redundant reserves over the US RBC CTE 98 total asset requirement (“TAR”). Finally, the continued application
EQUITABLE FINANCIAL LIFE INSURANCE COMPANY
Notes to Consolidated Financial Statements, Continued
of Reg 213 resulted in a corresponding decrease of $0.7 billion in statutory net income for the year ended December 31, 2022, which was largely offset by net income gains on our hedging program during the same period as noted.
During the fourth quarter 2020, Equitable Financial received approval from NYDFS for its proposed amended Plan of Operation for Separate Account No. 68 (“SA 68”) for our Structured Capital Strategies product and Separate Account No. 69 (“SA 69”) for our EQUI-VEST product Structured Investment Option, to change the accounting basis of these two non-insulated Separate Accounts from fair value to book value in accordance with Section 1414 of the Insurance Law to align with how we manage and measure our overall general account asset portfolio. In order to facilitate this change and comply with Section 4240(a)(10), the Company also sought approval to amend the Plans to remove the requirement to comply with Section 4240(a)(5)(iii) and substitute it with a commitment to comply with Section 4240(a)(5)(i). Similarly, the Company updated the reserves section of each Plan to reflect the fact that Regulation 128 would no longer be applicable upon the change in accounting basis. We applied this change effective January 1, 2021. The impact of the application is an increase of approximately $2.2 billion in statutory surplus and an increase in statutory net income for the year ended December 31, 2022 of $2.3 billion.
As of December 31, 2020 and for the year then ended, there were no differences in net income (loss) and capital and surplus resulting from practices prescribed and permitted by NYDFS and those prescribed by NAIC Accounting Practices and Procedures effective as of December 31, 2020.
The Company cedes a portion of their statutory reserves to EQ AZ Life Re, a captive reinsurer, as part of the Company’s capital management strategy. EQ AZ Life Re prepares financial statements in a special purpose framework for statutory reporting.
Differences between Statutory Accounting Principles and U.S. GAAP
Accounting practices used to prepare statutory financial statements for regulatory filings of stock life insurance companies differ in certain instances from U.S. GAAP. The differences between statutory surplus and capital stock determined in accordance with SAP and total equity under U.S. GAAP are primarily: (a) the inclusion in SAP of an AVR intended to stabilize surplus from fluctuations in the value of the investment portfolio; (b) future policy benefits and policyholders’ account balances under SAP differ from U.S. GAAP due to differences between actuarial assumptions and reserving methodologies; (c) certain policy acquisition costs are expensed under SAP but deferred under U.S. GAAP and amortized over future periods to achieve a matching of revenues and expenses; (d) under SAP, Federal income taxes are provided on the basis of amounts currently payable with limited recognition of deferred tax assets while under U.S. GAAP, deferred taxes are recorded for temporary differences between the financial statements and tax basis of assets and liabilities where the probability of realization is reasonably assured; (e) the valuation of assets under SAP and U.S. GAAP differ due to different investment valuation and depreciation methodologies, as well as the deferral of interest-related realized capital gains and losses on fixed income investments; (f) reporting the surplus notes as a component of surplus in SAP but as a liability in U.S. GAAP; (g) computer software development costs are capitalized under U.S. GAAP but expensed under SAP; (h) certain assets, primarily prepaid assets, are not admissible under SAP but are admissible under U.S. GAAP; and (i) cost of reinsurance which is recognized as expense under SAP and amortized over the life of the underlying reinsured policies under U.S. GAAP.
20) REDEEMABLE NONCONTROLLING INTEREST
The changes in the components of redeemable noncontrolling interests are presented in the table that follows:
| | | | | | | | | | | | | | | | | | | | | |
| | | Year Ended December 31, |
| | | | | 2022 | | 2021 | | 2020 |
| | | | | (in millions) |
Balance, beginning of period | | | | | $ | 28 | | | $ | 41 | | | $ | 39 | |
Net earnings (loss) attributable to redeemable noncontrolling interests | | | | | (3) | | | — | | | 1 | |
Purchase/change of redeemable noncontrolling interests | | | | | (4) | | | (13) | | | 1 | |
Balance, end of period | | | | | $ | 21 | | | $ | 28 | | | $ | 41 | |
21) REVENUES FROM EXTERNAL CUSTOMERS
Revenue from external customers, by product, is shown in the table that follows:
| | | | | | | | | | | | | | | | | | | | | |
| | Year Ended December 31, |
| | | | | 2022 | | 2021 | | 2020 |
| | | | | (in millions) |
Individual Variable Annuity Products | | | | | | | | | |
Premiums | | | | | $ | 123 | | | $ | 126 | | | $ | 165 | |
Fees (1) | | | | | 1,792 | | | 2,364 | | | 2,555 | |
Others | | | | | 87 | | | 72 | | | 8 | |
Total | | | | | $ | 2,002 | | | $ | 2,562 | | | $ | 2,728 | |
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Employer- Sponsored | | | | | | | | | |
Premiums | | | | | $ | — | | | $ | — | | | $ | — | |
Fees | | | | | 506 | | | 611 | | | 500 | |
Others | | | | | 25 | | | 5 | | | 4 | |
Total | | | | | $ | 531 | | | $ | 616 | | | $ | 504 | |
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Life Insurance Products | | | | | | | | | |
Premiums | | | | | $ | 545 | | | $ | 566 | | | $ | 587 | |
Fees | | | | | 1,375 | | | 1,417 | | | 1,421 | |
Others | | | | | 10 | | | 7 | | | 23 | |
Total | | | | | $ | 1,930 | | | $ | 1,990 | | | $ | 2,031 | |
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Employee Benefit Products | | | | | | | | | |
Premiums | | | | | $ | 46 | | | $ | 40 | | | $ | 36 | |
Fees | | | | | — | | | — | | | — | |
Others | | | | | 8 | | | — | | | 15 | |
Total | | | | | $ | 54 | | | $ | 40 | | | $ | 51 | |
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Other | | | | | | | | | |
Premiums | | | | | $ | 11 | | | $ | 18 | | | $ | 18 | |
Fees | | | | | 12 | | | 16 | | | 13 | |
Others | | | | | 1 | | | 10 | | | 7 | |
Total | | | | | $ | 24 | | | $ | 44 | | | $ | 38 | |
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(1) Excludes the amortization/capitalization of unearned revenue liability of $(38) million, $(13) million and $(14) million for the years ended December 31, 2022, 2021 and 2020, respectively.
EQUITABLE FINANCIAL LIFE INSURANCE COMPANY
SCHEDULE I
SUMMARY OF INVESTMENTS—OTHER THAN INVESTMENTS IN RELATED PARTIES
AS OF DECEMBER 31, 2022
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| Cost (1) | | Fair Value | | Carrying Value |
| (in millions) |
Fixed maturities, AFS: | | | | | |
U.S. government, agencies and authorities | $ | 7,049 | | | $ | 5,738 | | | $ | 5,738 | |
State, municipalities and political subdivisions | 540 | | | 471 | | | 471 | |
Foreign governments | 985 | | | 836 | | | 836 | |
Public utilities | 6,283 | | | 5,303 | | | 5,303 | |
All other corporate bonds | 39,770 | | | 34,160 | | | 34,160 | |
Residential mortgage-backed | 860 | | | 777 | | | 777 | |
Asset-backed | 8,817 | | | 8,449 | | | 8,449 | |
Commercial mortgage-backed | 3,742 | | | 3,170 | | | 3,170 | |
Redeemable preferred stocks | 41 | | | 43 | | | 43 | |
Total fixed maturities, AFS | 68,087 | | | 58,947 | | | 58,947 | |
Mortgage loans on real estate (2) | 16,593 | | | 14,675 | | | 16,464 | |
Policy loans | 3,563 | | | 3,850 | | | 3,563 | |
Other equity investments | 2,860 | | | 2,942 | | | 2,942 | |
Trading securities | 279 | | | 283 | | | 283 | |
Other invested assets | 2,835 | | | 2,835 | | | 2,835 | |
Total Investments | $ | 94,217 | | | $ | 83,532 | | | $ | 85,034 | |
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(1)Cost for fixed maturities represents original cost, reduced by repayments and write-downs and adjusted for amortization of premiums or accretion of discount; cost for equity securities represents original cost reduced by write-downs; cost for other limited partnership interests represents original cost adjusted for equity in earnings and reduced by distributions.
(2)Carrying value for mortgage loans on real estate represents original cost adjusted for amortization of premiums or accretion of discount and reduced by credit loss allowance.
EQUITABLE FINANCIAL LIFE INSURANCE COMPANY
SCHEDULE IV
REINSURANCE (1)
AS OF AND FOR THE YEARS ENDED DECEMBER 31, 2022, 2021 AND 2020
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| Gross Amount | | Ceded to Other Companies | | Assumed from Other Companies | | Net Amount | | Percentage of Amount Assumed to Net |
| (in millions) |
2022 | | | | | | | | | |
Life insurance in-force | $ | 379,949 | | | $ | 156,088 | | | $ | 31,337 | | | $ | 255,197 | | | 12.3 | % |
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Premiums: | | | | | | | | | |
Life insurance and annuities | $ | 712 | | | $ | 200 | | | $ | 172 | | | $ | 684 | | | 25.1 | % |
Accident and health | 52 | | | 19 | | | 8 | | | 41 | | | 19.5 | % |
Total premiums | $ | 764 | | | $ | 219 | | | $ | 180 | | | $ | 725 | | | 24.8 | % |
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2021 | | | | | | | | | |
Life insurance in-force | $ | 388,520 | | | $ | 164,782 | | | $ | 31,971 | | | $ | 255,710 | | | 12.5 | % |
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Premiums: | | | | | | | | | |
Life insurance and annuities | $ | 709 | | | $ | 170 | | | $ | 173 | | | $ | 712 | | | 24.3 | % |
Accident and health | 53 | | | 23 | | | 8 | | | 38 | | | 21.1 | % |
Total premiums | $ | 762 | | | $ | 193 | | | $ | 181 | | | $ | 750 | | | 24.1 | % |
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2020 | | | | | | | | | |
Life insurance in-force | $ | 389,576 | | | $ | 72,110 | | | $ | 32,289 | | | $ | 349,755 | | | 9.2 | % |
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Premiums: | | | | | | | | | |
Life insurance and annuities | $ | 712 | | | $ | 127 | | | $ | 186 | | | $ | 771 | | | 24.1 | % |
Accident and health | 52 | | | 26 | | | 9 | | | 35 | | | 24.8 | % |
Total premiums | $ | 764 | | | $ | 153 | | | $ | 195 | | | $ | 806 | | | 24.1 | % |
______________
(1)Includes amounts related to the discontinued group life and health business.
GLOSSARY
Selected Financial Terms
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Account Value (“AV”) | Generally equals the aggregate policy account value of our retirement and protection products. General Account AV refers to account balances in investment options that are backed by the General Account while Separate Accounts AV refers to Separate Accounts investment assets. |
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Alternative investments | Investments in real estate and real estate joint ventures and other limited partnerships. |
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Annualized Premium | 100% of first year recurring premiums (up to target) and 10% of excess first year premiums or first year premiums from single premium products. |
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Assets under administration ("AUA") | Includes non-insurance client assets that are invested in our savings and investment products or serviced by our Equitable Advisors platform. We provide administrative services for these assets and generally record the revenues received as distribution fees. |
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Assets under management (“AUM”) | Investment assets that are managed by one of our subsidiaries and includes: (i) assets managed by AB, (ii) the assets in our GAIA portfolio and (iii) the Separate Account assets of our retirement and protection businesses. Total AUM reflects exclusions between segments to avoid double counting. |
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Combined RBC Ratio | Calculated as the overall aggregate RBC ratio for the Company’s insurance subsidiaries including capital held for its life insurance and variable annuity liabilities and non-variable annuity insurance liabilities. |
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Conditional tail expectation (“CTE”) | Calculated as the average amount of total assets required to satisfy obligations over the life of the contract or policy in the worst x% of scenarios. Represented as CTE (100 less x). Example: CTE95 represents the worst five percent of scenarios. |
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Deferred policy acquisition cost (“DAC”) | Represents the incremental costs related directly to the successful acquisition of new and certain renewal insurance policies and annuity contracts and which have been deferred on the balance sheet as an asset. |
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Deferred sales inducements (“DSI”) | Represent amounts that are credited to a policyholder’s account balance that are higher than the expected crediting rates on similar contracts without such an inducement and that are an incentive to purchase a contract and also meet the accounting criteria to be deferred as an asset that is amortized over the life of the contract. |
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Gross Premiums | First year premium and deposits and Renewal premium and deposits. |
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Invested assets | Includes fixed maturity securities, equity securities, mortgage loans, policy loans, alternative investments and short-term investments. |
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P&C | Property and casualty. |
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Premium and deposits | Amounts a policyholder agrees to pay for an insurance policy or annuity contract that may be paid in one or a series of payments as defined by the terms of the policy or contract. |
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Protection Solutions Reserves | Equals the aggregate value of Policyholders’ account balances and Future policy benefits for policies in our Protection Solutions segment. |
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Reinsurance | Insurance policies purchased by insurers to limit the total loss they would experience from an insurance claim. |
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Renewal premium and deposits | Premiums and deposits after the first twelve months of the policy or contract. |
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Risk-based capital (“RBC”) | Rules to determine insurance company statutory capital requirements. It is based on rules published by the National Association of Insurance Commissioners (“NAIC”). |
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Product Terms | |
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401(k) | A tax-deferred retirement savings plan sponsored by an employer. 401(k) refers to the section of the Internal Revenue Code of 1986, as amended (the “Code”) pursuant to which these plans are established. |
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403(b) | A tax-deferred retirement savings plan available to certain employees of public schools and certain tax-exempt organizations. 403(b) refers to the section of the Code pursuant to which these plans are established. |
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457(b) | A deferred compensation plan that is available to governmental and certain non-governmental employers. 457(b) refers to the section of the Code pursuant to which these plans are established. |
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Accumulation phase | The phase of a variable annuity contract during which assets accumulate based on the policyholder’s lump sum or periodic deposits and reinvested interest, capital gains and dividends that are generally tax-deferred. |
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Affluent | Refers to individuals with $250,000 to $999,999 of investable assets. |
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Annuitant | The person who receives annuity payments or the person whose life expectancy determines the amount of variable annuity payments upon annuitization of an annuity to be paid for life. |
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Annuitization | The process of converting an annuity investment into a series of periodic income payments, generally for life. |
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Benefit base | A notional amount (not actual cash value) used to calculate the owner’s guaranteed benefits within an annuity contract. The death benefit and living benefit within the same contract may not have the same benefit base. |
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Cash surrender value | The amount an insurance company pays (minus any surrender charge) to the policyholder when the contract or policy is voluntarily terminated prematurely. |
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Deferred annuity | An annuity purchased with premiums paid either over a period of years or as a lump sum, for which savings accumulate prior to annuitization or surrender, and upon annuitization, such savings are exchanged for either a future lump sum or periodic payments for a specified length of time or for a lifetime. |
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Dollar-for-dollar withdrawal | A method of calculating the reduction of a variable annuity benefit base after a withdrawal in which the benefit is reduced by one dollar for every dollar withdrawn. |
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EQUI-VEST Group (“EG”) | A traditional variable deferred annuity without enhanced guaranteed benefits with single and ongoing premiums sold in the tax-exempt 403(b)/(457(b) markets. |
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EQUI-VEST Individual (“EI”) | A traditional variable deferred annuity without enhanced guaranteed benefits sold in the individual market. |
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Fixed annuity | An annuity that guarantees a set annual rate of return with interest at rates we determine, subject to specified minimums. Credited interest rates are guaranteed not to change for certain limited periods of time. |
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Fixed Rate GMxB | Guarantees on our individual variable annuity products that are based on a rate that is fixed at issue. |
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Floating Rate GMxB | Guarantees on our individual variable annuity products that are based on a rate that varies with a specified index rate, subject to a cap and floor. |
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Future policy benefits | Future policy benefits for the annuities business are comprised mainly of liabilities for life-contingent income annuities, and liabilities for the variable annuity guaranteed minimum benefits accounted for as insurance.
Future policy benefits for the life business are comprised mainly of liabilities for traditional life and certain liabilities for universal and variable life insurance contracts (other than the Policyholders’ account balance). |
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General Account Investment Portfolio | The invested assets held in the General Account. |
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General Account (“GA”) | The assets held in the general accounts of our insurance companies as well as assets held in our separate accounts on which we bear the investment risk. |
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GMxB | A general reference to all forms of variable annuity guaranteed benefits, including guaranteed minimum living benefits, or GMLBs (such as GMIBs, GMWBs and GMABs), and guaranteed minimum death benefits, or GMDBs (inclusive of return of premium death benefit guarantees). |
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GMxB Core | Retirement Cornerstone and Accumulator sold 2011 and later. |
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GMxB Legacy | Fixed-rate GMxB business written prior to 2011 |
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Guaranteed income benefit (“GIB”) | An optional benefit which provides the policyholder with a guaranteed lifetime annuity based on predetermined annuity purchase rates applied to a GIB benefit base, with annuitization automatically triggered if and when the contract AV falls to zero. |
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Guaranteed minimum accumulation benefits (“GMAB”) | An optional benefit (available for an additional cost) which entitles an annuitant to a minimum payment, typically in lump-sum, after a set period of time, typically referred to as the accumulation period. The minimum payment is based on the benefit base, which could be greater than the underlying AV. |
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Guaranteed minimum death benefits (“GMDB”) | An optional benefit (available for an additional cost) that guarantees an annuitant’s beneficiaries are entitled to a minimum payment based on the benefit base, which could be greater than the underlying AV, upon the death of the annuitant. |
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Guaranteed minimum income benefits (“GMIB”) | An optional benefit (available for an additional cost) where an annuitant is entitled to annuitize the policy and receive a minimum payment stream based on the benefit base, which could be greater than the underlying AV. |
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Guaranteed minimum living benefits (“GMLB”) | A reference to all forms of guaranteed minimum living benefits, including GMIBs, GMWBs and GMABs (does not include GMDBs). |
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Guaranteed minimum withdrawal benefits (“GMWB”) | An optional benefit (available for an additional cost) where an annuitant is entitled to withdraw a maximum amount of their benefit base each year, for which cumulative payments to the annuitant could be greater than the underlying AV. |
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Guaranteed Universal Life (“GUL”) | A universal life insurance offering with a lifetime no lapse guarantee rider, otherwise known as a guaranteed UL policy. With a GUL policy, the premiums are guaranteed to last the life of the policy. |
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Guaranteed withdrawal benefit for life (“GWBL”) | An optional benefit (available for an additional cost) where an annuitant is entitled to withdraw a maximum amount of their benefit base each year, for the duration of the policyholder’s life, regardless of account performance. |
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High net worth | Refers to individuals with $1,000,000 or more of investable assets. |
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Index-linked annuities | An annuity that provides for asset accumulation and asset distribution needs with an ability to share in the upside from certain financial markets such as equity indices, or an interest rate benchmark. With an index-linked annuity, the policyholder’s AV can grow or decline due to various external financial market indices performance. |
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Indexed Universal Life (“IUL”) | A permanent life insurance offering built on a universal life insurance framework that uses an equity-linked approach for generating policy investment returns. |
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Investment Edge (“IE”) | A traditional variable deferred annuity without enhanced guaranteed benefits that provides tax-efficient distribution. |
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Living benefits | Optional benefits (available at an additional cost) that guarantee that the policyholder will get back at least his original investment when the money is withdrawn. |
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Mortality and expense risk fee (“M&E fee”) | A fee charged by insurance companies to compensate for the risk they take by issuing life insurance and variable annuity contracts. |
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Net flows | Net change in customer account balances in a period including, but not limited to, gross premiums, surrenders, withdrawals and benefits. It excludes investment performance, interest credited to customer accounts and policy charges. |
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Policyholder account balances | Annuities. Policyholder account balances are held for fixed deferred annuities, the fixed account portion of variable annuities and non-life contingent income annuities. Interest is credited to the policyholder’s account at interest rates we determine which are influenced by current market rates, subject to specified minimums. Life Insurance Policies. Policyholder account balances are held for retained asset accounts, universal life policies and the fixed account of universal variable life insurance policies. Interest is credited to the policyholder’s account at interest rates we determine which are influenced by current market rates, subject to specified minimums. |
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Return of premium (“ROP”) death benefit | This death benefit pays the greater of the account value at the time of a claim following the owner’s death or the total contributions to the contract (subject to adjustment for withdrawals). The charge for this benefit is usually included in the M&E fee that is deducted daily from the net assets in each variable investment option. We also refer to this death benefit as the Return of Principal death benefit. |
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Rider | An optional feature or benefit that a policyholder can purchase at an additional cost. |
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Roll-up rate | The guaranteed percentage that the benefit base increases by each year. |
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Separate Account | Refers to the separate account investment assets of our insurance subsidiaries excluding the assets held in those separate accounts on which we bear the investment risk. |
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Surrender charge | A fee paid by a contract owner for the early withdrawal of an amount that exceeds a specific percentage or for cancellation of the contract within a specified amount of time after purchase. |
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Surrender rate | Represents annualized surrenders and withdrawals as a percentage of average AV. |
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Universal life (“UL”) products | Life insurance products that provide a death benefit in return for payment of specified annual policy charges that are generally related to specific costs, which may change over time. To the extent that the policyholder chooses to pay more than the charges required in any given year to keep the policy in-force, the excess premium will be placed into the AV of the policy and credited with a stated interest rate on a monthly basis. |
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Variable annuity | A type of annuity that offers guaranteed periodic payments for a defined period of time or for life and gives purchasers the ability to invest in various markets though the underlying investment options, which may result in potentially higher, but variable, returns. |
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Variable Universal Life (“VUL”) | Universal life products where the excess amount paid over policy charges can be directed by the policyholder into a variety of Separate Account investment options. In the Separate Account investment options, the policyholder bears the entire risk and returns of the investment results. |
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Whole Life (“WL”) | A life insurance policy that is guaranteed to remain in-force for the policyholder’s lifetime, provided the required premiums are paid. |
ACRONYMS
•“AB” or “AllianceBernstein” means AB Holding and ABLP.
•“AB Holding” means AllianceBernstein Holding L.P., a Delaware limited partnership.
•“AB Holding Units” means units representing assignments of beneficial ownership of limited partnership interests in AB Holding.
•“ABLP” means AllianceBernstein L.P., a Delaware limited partnership and the operating partnership for the AB business.
•“AFS” means available-for-sale
•“AOCI” means accumulated other comprehensive income
•“ASC” means Accounting Standards Codification
•“ASU” means Accounting Standards Update
•“ASX” means Australian Securities Exchange
•“AVR” means asset valuation reserve
•“AXA” means AXA S.A., a société anonyme organized under the laws of France, and formerly our controlling stockholder.
•“AXA Financial” means AXA Financial, Inc., a Delaware corporation and a former wholly-owned direct subsidiary of Holdings. On October 1, 2018, AXA Financial merged with and into Holdings, with Holdings assuming the obligations of AXA Financial.
•“AXA RSUs” means AXA restricted stock units
•“bps” means basis points
•“CDS” means credit default swaps
•“CEA” means Commodity Exchange Act
•“CECL” means current expected credit losses
•“CFTC” means U.S. Commodity Futures Trading Commission
•“CLO” means collateralized loan obligation
•“COI” means cost of insurance
•“COLI” means corporate owned life insurance
•“COVID-19” means coronavirus disease of 2019
•“CS Life RE” means CS Life RE Company, an Arizona corporation and a wholly-owned indirect subsidiary of Holdings.
•“CSA” means credit support annex
•“CSLRC” means Corporate Solutions Life Reinsurance Company
•“DCO” means designated clearing organization
•“DI” means disability income
•“Dodd-Frank Act” means Dodd-Frank Wall Street Reform and Consumer Protection Act
•“DOL” means U.S. Department of Labor
•“DSC” means debt service coverage
•“EBITDA” means earnings before interest, taxes, depreciation and amortization
•“EDP” means electronic data processing
•“EAFE” means European, Australasia, and Far East
•“EFS” means Equitable Financial Services, LLC, a Delaware corporation and a wholly-owned direct subsidiary of Holdings.
•“EIM” means Equitable Investment Management Group, LLC, a Delaware limited liability company and a wholly-owned indirect subsidiary of Holdings.
•“EIMG” means Equitable Investment Management Group, LLC, a Delaware limited liability company and a wholly-owned indirect subsidiary of Holdings.
•“Equitable Advisors” means Equitable Advisors, LLC, a Delaware limited liability company, our retail broker/dealer for our retirement and protection businesses and a wholly-owned indirect subsidiary of Holdings.
•“Equitable America” means Equitable Financial Life Insurance Company of America (f/k/a MONY Life Insurance Company of America), an Arizona corporation and a wholly-owned indirect subsidiary of Holdings.
•“Equitable Distributors” means Equitable Distributors, LLC, a Delaware limited liability company, our wholesale broker/dealer for our retirement and protection businesses and a wholly-owned indirect subsidiary of Holdings.
•“Equitable Financial QP” means Equitable Retirement Plan
•“Equitable Financial” means Equitable Financial Life Insurance Company, a New York corporation, a life insurance company and a wholly-owned subsidiary of EFS.
•“Equitable Network” means Equitable Network, LLC, a Delaware limited liability company and wholly-owned indirect subsidiary of Holdings and its subsidiary, Equitable Network of Puerto Rico, Inc.
•“EQ Premier VIP Trust” means EQ Premier VIP Trust, a series trust that is a Delaware statutory trust and is registered under the Investment Company Act of 1940, as amended (the “Investment Company Act”), as an open-end management investment company.
•“EQAT” means EQ Advisors Trust, a series trust that is a Delaware statutory trust and is registered under the Investment Company Act as an open-end management investment company.
•“EQ AZ Life Re” means EQ AZ Life Re Company, an Arizona corporation and a wholly-owned indirect subsidiary of Holdings.
•“ERISA” means Employee Retirement Income Security Act of 1974
•“ESG” means environmental, social and governance
•“ETF” means exchange traded funds
•“Exchange Act” means Securities Exchange Act of 1934, as amended
•“FABN” means Funding Agreement Backed Notes Program
•“FASB” means Financial Accounting Standards Board
•“FDIC” means Federal Deposit Insurance Corporation
•“FTSE” means Financial Times Stock Exchange
•“FHLB” means Federal Home Loan Bank
•“FINRA” means Financial Industry Regulatory Authority, Inc.
•“FIO” means Federal Insurance Office
•“FSOC” means Financial Stability Oversight Council
•“GAIA” means general account investment portfolio
•“GIO” means guaranteed interest option
•“Holdings” means Equitable Holdings, Inc.
•“IFRS” means International Financial Reporting Standards
•“Investment Advisers Act” means Investment Advisers Act of 1940, as amended
•“IRS” means Internal Revenue Service
•“ISDA Master Agreement” means International Swaps and Derivatives Association Master Agreement
•“IT” means information technology
•“IUS” means Investments Under Surveillance
•“K-12 education market” means individuals in the kindergarten, primary and secondary education market
•“KBRA” means Kroll Bond Rating Agency
•“LDTI” means long duration targeted improvements
•“LGD” means loss given default
•“LIBOR” means London Interbank Offered Rate
•“LTV” means loan-to-value
•“Manual” means Accounting Practices and Procedures Manual as established by the NAIC
•“MD&A” means Management’s Discussion and Analysis of Financial Condition and Results of Operations
•“MRBs” means market risk benefits
•“MSCI” means Morgan Stanley Capital International
•“MSO” means Market Stabilizer Option
•“NAIC” means National Association of Insurance Commissioners
•“NAR” means net amount at risk
•“NAV” means net asset value
•“NFA” means National Futures Association
•“NLG” means no-lapse guarantee
•“NMS” means National Market System
•“NRSRO” means Nationally Recognized Statistical Ratings Organization
•“NYDFS” means New York State Department of Financial Services
•“NYS” means New York State
•“OCI” means other comprehensive income
•“OTC” means over-the-counter
•“OTTI” means other than temporary impairment
•“PD” means probability of default
•“PFBL” means profits followed by losses
•“RBG” means the Retirement Benefits Group, a specialized division of Equitable Advisors
•“REIT” means real estate investment trusts
•“ROE” means return on equity
•“RoU” means right of use
•“RSUs” means restricted stock units
•“RTM” means reversion to the mean
•“SAP” means statutory accounting principles
•“SCB LLC” means Sanford C. Bernstein & Co., LLC, a registered investment adviser and broker-dealer.
•“SCS” means Structured Capital Strategies
•“SEC” means U.S. Securities and Exchange Commission
•“SECURE” means Setting Every Community Up for Retirement Enhancement
•“SIO” means structured investment option
•“SPE” means special purpose entity
•“SSAP” means Statements of Standard Accounting Practice
•“TDRs” means troubled debt restructurings
•“TIPS” means treasury inflation-protected securities
•“Topix” means Tokyo Stock Price Index
•“U.S.” means United States
•“U.S. GAAP” means accounting principles generally accepted in the United States of America
•“USD” means United States Dollar
•“VIAC” means Venerable Insurance and Annuity Company
•“VIE” means variable interest entity
•“VISL” means variable interest-sensitive life
•“VOE” means voting interest entity