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UNITED STATES
SECURITIES AND EXCHANGE COMMISSION
Washington, D.C. 20549
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FORM 10-K
(MARK ONE)
|X| ANNUAL REPORT PURSUANT TO SECTION 13 OR 15(d) OF THE SECURITIES EXCHANGE
ACT OF 1934
FOR THE FISCAL YEAR ENDED DECEMBER 31, 2004
OR
|_| TRANSITION REPORT PURSUANT TO SECTION 13 OR 15(d) OF THE SECURITIES
EXCHANGE ACT OF 1934
FOR THE TRANSITION PERIOD FROM TO
COMMISSION FILE NUMBER 33-18053
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Pruco Life Insurance Company of New Jersey
(Exact Name of Registrant as Specified in its Charter)
New Jersey 22-2426091
(State or Other Jurisdiction (I.R.S. Employer
of Incorporation or Organization) Identification Number)
213 Washington Street
Newark, New Jersey 07102
(973) 802-6000
(Address and Telephone Number of Registrant's Principal Executive Offices)
SECURITIES REGISTERED PURSUANT TO SECTION 12(b) OF THE ACT: NONE
SECURITIES REGISTERED PURSUANT TO SECTION 12(g) OF THE ACT: NONE
Indicate by check mark whether the registrant (1) has filed all reports
required to be filed by Section 13 or 15(d) of the Securities Exchange Act
of 1934 during the preceding 12 months (or for such shorter period that
the registrant was required to file such reports), and (2) has been
subject to such filing requirements for the past 90 days. Yes |X| No |_|
Indicate by check mark if disclosure of delinquent filers pursuant to Item
405 of Regulation S-K is not contained herein, and will not be contained,
to the best of registrant's knowledge, in definitive proxy or information
statements incorporated by reference in Part III of this Form 10-K or any
amendment to this Form 10-K. |_|
Indicate by check mark whether the registrant is an accelerated filer (as
defined in Rule 12b-2 of the Act). Yes |_| No|X|
State the aggregate market value of the voting stock held by
non-affiliates of the registrant: N/A
As of February 28, 2005, 400,000 shares of the registrant's common stock
were outstanding.
Pruco Life Insurance Company of New Jersey meets the conditions set forth
in General Instruction (I) (1) (a) and (b) on Form 10-K
and is therefore filing this Form with reduced disclosure.
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TABLE OF CONTENTS
Page
Number
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PART I Item 1. Business................................................................................ 2
Item 2. Properties.............................................................................. 5
Item 3. Legal Proceedings....................................................................... 5
PART II Item 5. Market for Registrant's Common Equity, Related Stockholder Matters and Issuer Purchases
of Equity Securities.................................................................... 5
Item 7. Management's Discussion and Analysis of Financial Condition and Results of Operations... 5
Item 7A. Quantitative and Qualitative Disclosures About Market Risk.............................. 11
Item 8. Financial Statements and Supplementary Data............................................. 14
Item 9. Changes In and Disagreements with Accountants on Accounting and Financial Disclosure.... 14
Item 9A. Controls and Procedures................................................................. 14
Item 9B. Other Information....................................................................... 15
Item 10. Directors and Executive Officers of the Registrant...................................... 15
PART III Item 14. Principal Accounting Fees and Services ................................................. 16
PART IV Item 15. Exhibits and Financial Statement Schedules.............................................. 16
SIGNATURES................................................................................................. 18
Forward-Looking Statements
Some of the statements included in this Annual Report on Form 10-K, including
but not limited to those in Management's Discussion and Analysis of Financial
Condition and Results of Operations, may constitute forward-looking statements
within the meaning of the U.S. Private Securities Litigation Reform Act of 1995.
Words such as "expects," "believes," "anticipates," "includes," "plans,"
"assumes," "estimates," "projects," "intends," "should," "will," "shall" or
variations of such words are generally part of forward-looking statements.
Forward-looking statements are made based on management's current expectations
and beliefs concerning future developments and their potential effects upon
Pruco Life Insurance Company of New Jersey. There can be no assurance that
future developments affecting Pruco Life Insurance Company of New Jersey will be
those anticipated by management. These forward-looking statements are not a
guarantee of future performance and involve risks and uncertainties, and there
are certain important factors that could cause actual results to differ,
possibly materially, from expectations or estimates reflected in such
forward-looking statements, including, among others: (1) general economic,
market and political conditions, including the performance of financial markets
and interest rate fluctuations; (2) domestic or international military or
terrorist activities or conflicts; (3) volatility in the securities markets; (4)
regulatory or legislative changes, including changes in tax law; (5) changes in
statutory or U.S. GAAP accounting principles, practices or policies; (6)
differences between actual experience regarding mortality, morbidity,
persistency, surrender experience, interest rates, or market returns and the
assumptions we use in pricing our products, establishing liabilities and
reserves or for other purposes; (7) re-estimates of our reserves for future
policy benefits and claims; (8) changes in our assumptions related to deferred
policy acquisition costs; (9) events resulting in catastrophic loss of life;
(10) investment losses and defaults; (11) changes in our claims-paying ratings;
(12) competition in our product lines and for personnel; (13) adverse
determinations in litigation or regulatory matters and our exposure to
contingent liabilities; and (14) the effects of acquisitions, divestitures and
restructurings, including possible difficulties in integrating and realizing the
projected results of acquisitions. Pruco Life Insurance Company of New Jersey
does not intend, and is under no obligation, to update any particular
forward-looking statement included in this document.
PART 1
Item 1. Business
Overview
Pruco Life Insurance Company of New Jersey or, "the Company" is a life insurance
company organized in 1982 under the laws of the state of New Jersey. The Company
is licensed to sell interest-sensitive individual life insurance and variable
life insurance, term life insurance, and individual variable and fixed annuities
or, "the Contracts," only in New Jersey and New York.
The Company is a wholly owned subsidiary of Pruco Life Insurance Company or,
"Pruco Life," a life insurance company organized in 1971 under the laws of the
state of Arizona. Pruco Life, in turn, is a wholly owned subsidiary of The
Prudential Insurance Company of America, "Prudential Insurance," an insurance
company founded in 1875 under the laws of the state of New Jersey. On December
18, 2001, "the date of demutualization," Prudential Insurance converted from a
mutual life insurance company to a stock life insurance company and became an
indirect wholly owned subsidiary of Prudential Financial, Inc., "Prudential
Financial," The demutualization was completed in accordance with Prudential
Insurance's Plan of Reorganization, which was approved by the Commissioner of
the New Jersey Department of Banking and Insurance in October 2001.
The Company is engaged in a business that is highly competitive because of the
large number of stock and mutual life insurance companies and other entities
engaged in marketing insurance products, and individual annuities. The following
paragraphs describe the Company's products, marketing and distribution, and
underwriting and pricing.
Products
Variable Life Insurance
The Company offers a number of individual variable life insurance products that
provide a return linked to an underlying investment portfolio designated by the
policyholder while providing the policyholder with the flexibility to change
both the death benefit and premium payments. Each product provides for the
deduction of charges and expenses from the customer's investment account. We
also offer variable life products targeted to the estate planning and
corporate-owned life insurance markets.
Term Life Insurance
The Company offers a variety of term life insurance products. Most term products
include a conversion feature that allows the policyholder to convert the policy
into permanent life insurance coverage.
Universal Life Insurance
The Company offers universal life insurance products that feature a market rate
fixed interest investment account and flexible premiums. In June 2003, we
updated our universal life insurance products and began to offer survivorship
universal life, which covers two individuals on a single policy and provides for
payment of a death benefit upon the death of the other insured individual.
Variable and Fixed Annuities
The Company offers variable annuities that provide our customers with the
opportunity to invest in proprietary and non-proprietary mutual funds and
fixed-rate options. The investments made by customers in the proprietary and
non-proprietary mutual funds represent separate accounts for which the
contractholder bears the investment risk. The investments made in the fixed rate
options are credited with interest at rates we determine, subject to certain
minimums. Additionally, our variable annuities products offer certain minimum
death benefit and living benefit guarantee options. We also offer fixed annuity
products that provide a guarantee of principal and a guaranteed interest rate
for a specified period of time.
Marketing and Distribution
Prudential Insurance Agents
Agents of Prudential Insurance distribute variable, term, and universal life
insurance, variable and fixed annuities, as well as selected insurance products
manufactured by others.
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Prudential Insurance Agents sell life insurance products primarily to customers
in the U.S. mass and mass affluent markets, as well as small business owners.
The majority of Prudential Insurance Agents are multi-line agents. Other than
certain training allowances or salary paid at the beginning of their employment,
we pay Prudential Insurance Agents on a commission basis for the products they
sell. In addition to commissions, Prudential Insurance Agents receive the
employee benefits that we provide to other Prudential Insurance employees
generally, including medical and disability insurance, an employee savings
program and qualified retirement plans.
Third Party Distribution
Our individual life and annuity products are offered through a variety of third
party channels, including independent brokers, general agencies, producer
groups, banks and broker-dealers. We focus on serving the intermediaries who
provide insurance solutions in support of estate and wealth transfer planning
for affluent and mass affluent individuals. The life insurance products offered
are generally the same as those available through Prudential Agents. Our third
party efforts are supported by a network of internal and external wholesalers.
Underwriting and Pricing
Life Insurance
Our life insurance underwriters follow detailed and uniform policies and
procedures to assess and quantify the risk of our individual life insurance
products. We require the applicant to take a variety of underwriting tests, such
as medical examinations, electrocardiograms, blood tests, urine tests, chest
x-rays and consumer investigative reports, depending on the age of the applicant
and the amount of insurance requested. Our universal life insurance contracts
and the fixed component of our variable life insurance contracts feature
crediting rates, which are periodically reset. In resetting these rates, we
consider the returns on our portfolios supporting the interest-sensitive life
insurance business, current interest rates, the competitive environment and our
profit objectives.
Annuities
We earn asset management fees based upon the average assets of the mutual funds
in our variable annuity products and mortality and expense fees and other fees
for various insurance-related options and features based on average daily net
assets value of the annuity separate accounts or the amount of guaranteed value.
We price our fixed annuities as well as the fixed-rate options of our variable
annuities based on assumptions as to investment returns, expenses and
persistency. Competition also influences our pricing. We seek to maintain a
spread between the return on our general account invested assets and the
interest we credit on our fixed annuities. To encourage persistency, most of our
variable and fixed annuities have withdrawal restrictions and declining
surrender or withdrawal charges for a specified number of years.
Reserves
We establish reserve and policyholder fund liabilities to recognize our future
benefit obligations for our in force life and annuity policies, including the
minimum death benefit and living benefit guarantee features of some of these
policies. For variable and interest-sensitive life insurance and annuity
contracts, we establish policyholder account balances that represent cumulative
gross premium payments plus credited interest and/or fund performance, less
withdrawals, expenses and mortality charges.
Effective January 1, 2004, we adopted SOP 03-1, "Accounting and Reporting by
Insurance Enterprises for Certain Nontraditional Long-Duration Contracts and for
Separate Accounts," which requires us to record a liability for minimum
guaranteed death benefits as well as other changes. This is discussed in Item 7,
Management's Discussion and Analysis and in Note 2 on new accounting
pronouncements.
Reinsurance
Since 2000, we have reinsured the majority of the mortality risk we assume under
our new individual life insurance products with both affiliated and unaffiliated
companies. As of the end of 2004, , all reinsurance arrangements were with
affiliated companies and the maximum amount of individual life insurance we may
retain on any life is $100,000. See Note 13 to the financial statements for more
information related to these reinsurance arrangements.
3
Regulatory Environment
In order to continue to market life insurance and annuity products, the Company
must meet or exceed the statutory capital and surplus requirements of the
insurance departments of the states in which it conducts business. Statutory
accounting practices differ from generally accepted accounting principles or,
"GAAP." First, under statutory accounting practices, the acquisition costs of
new business are charged to expense, while under GAAP they are initially
deferred and amortized over a period of time. Second, under statutory accounting
practices, the required additions to statutory reserves for new business in some
cases may initially exceed the statutory revenues attributable to such business.
These practices result in a reduction of statutory income and surplus at the
time of recording new business.
Insurance companies are subject to Risk-Based Capital or, "RBC," guidelines,
monitored by insurance regulatory authorities, that measure the ratio of the
Company's statutory surplus with certain adjustments, "Adjusted Capital", to its
required capital, based on the risk characteristics of its insurance liabilities
and investments. Required capital is determined by statutory formulae that
consider risks related to the type and quality of invested assets,
insurance-related risks associated with the Company's products, interest rate
risks, and general business risks. The RBC calculations are intended to assist
regulators in measuring the adequacy of the Company's statutory capitalization.
The Company considers RBC implications in its asset/liability management
strategies. The Company believes that its statutory capital is adequate for its
currently anticipated levels of risk as measured by regulatory guidelines.
The NAIC has developed a set of financial relationships or tests known as the
Insurance Regulatory Information System or, "IRIS," to assist state regulators
in monitoring the financial condition of insurance companies and identifying
companies that require special attention or action by insurance regulatory
authorities. Insurance companies generally submit data annually to the NAIC,
which in turn analyzes the data using prescribed financial data ratios, each
with defined "usual ranges." Generally, regulators will begin to investigate or
monitor an insurance company if ratios fall outside the usual ranges for four or
more of the ratios. If an insurance company has insufficient capital, regulators
may act to reduce the amount of insurance it can issue. The Company is not
currently subject to regulatory scrutiny based on these ratios.
The Company is subject to the laws of the Insurance Department. A detailed
financial statement in the prescribed form or, the "Annual Statement," is filed
with the Insurance Department each year covering the Company's operations for
the preceding year and its financial position as of the end of that year.
Regulation by the Insurance Department includes periodic examination to verify
the accuracy of contract liabilities and reserves. The Company's books and
accounts are subject to review by the Insurance Department at all times. A full
examination of the Company's operations is conducted periodically by the
Insurance Department and under the auspices of the NAIC.
The Company is subject to regulation under the insurance laws of all
jurisdictions in which it operates. The laws of the various jurisdictions
establish supervisory agencies with broad administrative powers with respect to
various matters, including licensing to transact business, overseeing trade
practices, licensing agents, approving contract forms, establishing reserve
requirements, fixing maximum interest rates on life insurance contract loans and
minimum rates for accumulation of surrender values, prescribing the form and
content of required financial statements and regulating the type and amounts of
investments permitted. The Company is required to file the Annual Statement with
supervisory agencies in each of the jurisdictions in which it does business, and
its operations and accounts are subject to examination by these agencies at
regular intervals.
Our variable life insurance products, as well as our variable annuity products,
generally are "securities" within the meaning of federal securities laws,
registered under the federal securities laws and subject to regulation by the
SEC and the NASD. Federal and some state securities regulation affect investment
advice, sales and related activities with respect to these products. In
addition, although the federal government does not comprehensively regulate the
business of insurance, federal legislation and administrative policies in
several areas, including taxation, financial services regulation and pension and
welfare benefits regulation, can significantly affect the insurance industry.
Congress also periodically considers and is considering laws affecting privacy
of information and genetic testing that could significantly and adversely affect
the insurance industry.
4
Item 2. Properties
Office space is provided by Prudential Insurance, as is described in the Notes
to the Financial Statements.
Item 3. Legal Proceedings
The Company is subject to legal and regulatory actions in the ordinary course of
its businesses, which may include class action lawsuits. Pending legal and
regulatory actions include proceedings relating to aspects of the businesses and
operations that are specific to the Company and that are typical of the
businesses in which the Company operates. Class action and individual lawsuits
may involve a variety of issues and/or allegations, which include sales
practices, underwriting practices, claims payment and procedures, premium
charges, policy servicing and breach of fiduciary duties to customers. We also
may be subject to litigation arising out of our general business activities,
such as our investments and third party contracts. In certain of these matters,
the plaintiffs may seek large and/or indeterminate amounts, including punitive
or exemplary damages.
The Company has received formal requests for information relating to its
variable annuity business from regulators, including, among others, the
Securities and Exchange Commission and the State of New York Attorney General's
office. As part of a broad initiative by the NAIC, the Company has received a
request for information from the New Jersey Department of Banking and Insurance
related to producer compensation and fee arrangements. It is possible that other
regulators will issue similar requests
The Company's litigation is subject to many uncertainties, and given the
complexity and scope, the outcomes cannot be predicted. It is possible that the
results of operations or the cash flow of the Company in a particular quarterly
or annual period could be materially affected by an ultimate unfavorable
resolution of pending litigation and regulatory matters. Management believes,
however, that the ultimate outcome of all pending litigation and regulatory
matters should not have a material adverse effect on the Company's financial
position.
PART II
Item 5. Market for the Registrant's Common Equity, Related Stockholder Matters
and Issuer Purchases of Equity Securities
The Company is a wholly owned subsidiary of Pruco Life Insurance Company. There
is no public market for the Company's common stock.
Item 7. Management's Discussion and Analysis of Financial Condition and Results
of Operations
Management's Discussion and Analysis of Financial Condition and Results of
Operations ("MD&A") addresses the consolidated financial condition of Pruco Life
Insurance Company of New Jersey as of December 31, 2004, compared with December
31, 2003, and its consolidated results of operations for the years ended
December 31, 2004 and 2003.
Overview
The Company sells individual interest-sensitive life insurance, variable life
insurance, term insurance, and individual variable annuities in New Jersey and
New York through Prudential Insurance's sales force. These markets are subject
to regulatory oversight with particular emphasis placed on company solvency and
sales practices. These markets are also subject to increasing competitive
pressures as the legal barriers which have historically segregated the markets
of the financial services industry have been changed through both legislative
and judicial processes. Regulatory changes have opened the insurance industry to
competition from other financial institutions, particularly banks and mutual
funds that are positioned to deliver competing investment products through
large, stable distribution channels.
Generally, policyholders who purchase the Company's products have the option of
investing in the separate accounts, segregated funds for which investment risks
are borne by the customer, or the Company's portfolio, referred to as the
General Account. The Company earns its profits through policy fees charged to
separate account annuity and life policyholders and through the interest spread
for the General Account annuity and life products. Policy charges and fee income
consist mainly of three types, sales charges or loading fees on new sales,
mortality and expense charges or, "M&E," assessed on fund balances, and
mortality and related charges based on total life insurance in force business.
Policyholder fund values are affected by net sales (sales less withdrawals),
changes in interest rates and investment returns. The interest spread represents
the difference between the investment income earned by the Company on its
investment portfolio and the amount of interest credited to policyholders'
accounts. Products that generate spread income primarily include the general
account life insurance products, fixed annuities and the fixed rate option of
variable annuities.
5
In addition to policy charges and fee income, the Company earns revenues from
insurance premiums from term life insurance and asset management fees on the
separate account fund balances. The Company's operating expenses principally
consist of insurance benefits provided, general business expenses, commissions
and other costs of selling and servicing the various products we sell and
interest credited on general account liabilities.
The Company's profitability depends principally on its ability and Prudential
Insurance's ability to price and manage risk on insurance products, to attract
and retain customer assets, and to manage expenses. Specific drivers of our
profitability include:
o our ability to manufacture and distribute products and services and
to introduce new products gaining market acceptance on a timely
basis;
o our ability to price our insurance products at a level that enables
us to earn a margin over the cost of providing benefits and the
expense of acquiring customers and administering those products;
o our mortality and morbidity experience on individual life insurance
and annuity products;
o our persistency experience, which affects our ability to recover the
cost of acquiring new business over the lives of the contracts;
o our cost of administering insurance contracts and providing asset
management products and services;
o our returns on invested assets, net of the amounts we credit to
policyholders' accounts;
o our ability to earn commissions and fees from the distribution and
servicing of annuities, retirement products, and other investment
products at a level that enables us to earn a margin over the
expense of providing such services;
o the amount of our account values and changes in their fair value,
which affect the amount of asset management fees we receive;
o our ability to generate favorable investment results through
asset/liability management and strategic and tactical asset
allocation; and
o our ability to maintain our claims paying ratings.
Application of Critical Accounting Policies
The preparation of financial statements in conformity with accounting principles
generally accepted in the United States of America, or GAAP, requires the
application of accounting policies that often involve a significant degree of
judgment. Management, on an ongoing basis, reviews estimates and assumptions
used in the preparation of financial statements. If management determines that
modifications in assumptions and estimates are appropriate given current facts
and circumstances, results of operations and financial position as reported in
the Financial Statements could change significantly.
The following sections discuss the accounting policies applied in preparing our
financial statements that management believes are most dependent on the
application of estimates and assumptions.
Valuation of Investments
As prescribed by GAAP, we present our fixed maturity investments classified as
available for sale at fair value in the statements of financial position. The
fair values for our public fixed maturity securities are based on quoted market
prices or estimates from independent pricing services. However, for our
investments in private securities such as private placement fixed maturity
securities, which comprised 12% of our investments as of December 31, 2004, this
information is not available. For these private fixed maturities, fair value is
determined typically by using a discounted cash flow model, which considers
current market credit spreads for publicly traded issues with similar terms by
companies of comparable credit quality, and an additional spread component for
the reduced liquidity associated with private placements. This additional spread
component is determined based on surveys of various third party financial
institutions.
For our fixed maturity investments classified as available for sale, the impact
of changes in fair value is recorded as an unrealized gain or loss in
"Accumulated other comprehensive income (loss), net," a separate component of
equity. In addition, investments classified as available for sale are subject to
our impairment review to identify when a decline in value is other than
temporary. Factors we consider in determining whether a decline in value is
other than temporary include: the extend (generally if greater than 20%) and the
duration (generally greater than six months) of the decline; the reasons for the
decline in value (credit event or interest rate related); our ability and intent
to hold the investment for a period of time that
6
will allow for a recovery of value; and the financial condition and near-term
prospects of the issuer. When it is determined that a decline in value is other
than temporary, the carrying value of the security is reduced to its fair value,
with a corresponding charge to earnings. This corresponding charge is referred
to as an impairment and is reflected in "Realized investment gains (losses),
net" in the statements of operations. The level of impairment losses can be
expected to increase when economic conditions worsen and decrease when economic
conditions improve.
Future Policy Benefit Reserves
We establish reserves for future policy benefit payments to or on behalf of
policyholders in the same period in which the policy is issued. These reserves
relate primarily to term life and certain annuity products.
The future policy benefit reserves at December 31, 2004 represented 6% of our
total liabilities and relate primarily to term life products and are determined
in accordance with GAAP as the present value of expected future benefits to or
on behalf of policyholders plus the present value of future expenses less the
present value of future net premiums. The expected future benefit payments are
based on mortality, lapse, maintenance expense, interest rate assumptions, and
also consider the risk of adverse deviation in our actual results from the
results assumed in establishing our reserves. Our mortality assumptions are
generally based on the Company's historical experience or standard industry
tables, as applicable. Our interest rate assumptions are based on factors such
as market conditions and expected investment returns. Collectively, these
assumptions are "locked-in" upon the issuance of new policies and continue to be
used in subsequent periods to establish the reserves. We review our assumptions
to determine whether the reserves together with the expected future premiums are
sufficient to provide for the expected future benefit payments and expenses. In
particular, we review our mortality assumptions annually and conduct full
actuarial studies every three years. Generally, we do not expect our mortality
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. If, based on
our review, there have been significant adverse changes in actual experience
compared to the experience we assumed at the time the policy was issued we may
be required to provide for expected future losses by establishing premium
deficiency reserves. The assumptions used to establish premium deficiency
reserves represent our current best estimate of experience with no provision for
adverse deviation. Once established, premium deficiency reserves are no reduced
for subsequent improvement in experience but may be increased for subsequent
adverse deviations in experience. As of December 31, 2004, we do not have
material premium deficiency reserves related to these products.
Deferred Policy Acquisition Costs
We capitalize costs that vary with and are related primarily to the acquisition
of new and renewal insurance and annuity contracts. These costs include
primarily commissions, costs of policy issuance and underwriting, and variable
field office expenses. We amortize these deferred policy acquisition costs, or
DAC, over the expected lives of the contracts, based on the level and timing of
either gross margins, gross profits, or gross premiums, depending on the type of
contract. As of December 31, 2004, DAC in our life business was $147 million and
DAC in our annuity business was $36 million.
DAC associated with the term life policies of our domestic individual life
insurance business is amortized in proportion to gross premiums. We evaluate the
recoverability of our DAC related to these policies as part of our premium
deficiency testing. If a premium deficiency exists, we reduce DAC by the amount
of the deficiency or to zero through a charge to current period earnings. If the
deficiency is more than the DAC balance, we then increase the reserve for future
policy benefits by the excess by means of a charge to current period earnings.
Generally, we do not expect significant short-term deterioration in experience,
and therefore do not expect significant writedowns of the related DAC.
DAC associated with the variable and universal life policies of our domestic
individual life insurance and international insurance businesses and the
variable and fixed annuity contracts of our individual annuities business is
amortized over the expected life of these policies in proportion to gross
profits. In calculating gross profits, we consider mortality, persistency, and
other elements as well as rates of return on investments associated with these
contracts. We regularly evaluate and adjust the related DAC balance with a
corresponding charge or credit to current period earnings for the effects of our
actual gross profits and changes in our assumptions regarding estimated future
gross profits. Our evaluation of DAC related to variable annuity contracts
considers expected gross profits that would be generated within a
pre-established reasonably possible range, or corridor, of future rate of return
scenarios. Adjustments to DAC are made only when our long-term view of
investment returns considered in our estimates of future gross profits results
in a DAC balance outside of the corridor. However, notwithstanding our corridor
approach, we may determine that a revision of our expected gross profits and a
related adjustment to our DAC is necessary if changes in additional factors,
such as policyholder activity, suggest that our current view of expected gross
profits may no longer represent our best estimate. For variable annuity
contracts, DAC is more sensitive to the effects of changes in our estimates of
gross profits due primarily to the significant portion of gross profits that is
dependent upon the total rate of return on assets held in separate account
investment options, and the shorter average life of the contracts. This rate of
return influences the fees we earn, costs we incur associated with minimum death
benefit and other contractual guarantees specific to our variable annuity
contracts, as well as other sources of profit. This is also true, to a lesser
degree, for our variable life policies; however, the variable life policies
derive a significant portion of their gross profits from margins in the cost of
insurance charge.
7
In evaluating the DAC for our domestic variable life insurance and annuity
products, future rate of return assumptions are evaluated using a reversion to
mean approach, a common industry practice. Under this approach, we consider
actual returns over a period of time and project returns for the future period
so that the assets grow at the expected rate of return for the entire period. If
the projected future rate of return is greater than our maximum future rate of
return, we use our maximum reasonable future rate of return. For variable
annuities products, our expected rate of return is 8% per annum, which reflects
an expected rate of return of 8.9% per annum for equity type assets. The future
equity rate of return used varies by product, but was under 8.9% per annum for
all of our variable annuity products for our evaluation of deferred policy
acquisition costs as of December 31, 2004.
To demonstrate the sensitivity of our variable annuity DAC balance relative to
our future rate of return, increasing or decreasing our future rate of return by
100 basis points would have required us to consider adjustments, subject to our
application of the corridor approach, to that DAC balance as follows. The
information provided in the table below considers only the effect of changes in
our future rate of return and not changes in any other assumptions such as
persistency, mortality, or expenses included in our evaluation of DAC.
Increase/(Reduction)
in DAC
--------------------
(in thousands)
Increase in projected rate of return by 100 basis points $ 640
Decrease in projected rate of return by 100 basis points
$ (626)
See "-Results of Operations" for a discussion of the impact of DAC amortization
on our results of the life and annuities products.
Taxes on Income
Tax regulations require items to be included in the tax return at different
times than the items are reflected in the financial statements. As a result, the
effective tax rate reflected in the financial statements is different than the
actual rate applied on the tax return. Some of these differences are permanent
such as expenses that are not deductible in our tax return, and some differences
are temporary, reversing over time, such as valuation of insurance reserves.
Timing differences create deferred tax assets and liabilities. Deferred tax
assets generally represent items that can be used as a tax deduction or credit
in future years for which we have already recorded the tax benefit in our income
statement. Deferred tax liabilities generally represent tax expense recognized
in our financial statements for which payment has been deferred, or expenditures
for which we have already taken a deduction in our tax return but have not yet
recognized in our financial statements. The application of GAAP requires us to
evaluate the recoverability of our deferred tax assets and establish a valuation
allowance if necessary to reduce our deferred tax asset to an amount that is
more likely than not to be realized. Realization of certain deferred tax assets
is dependent upon generating sufficient taxable income in the appropriate
jurisdiction prior to the expiration of the carry-forward periods. Although
realization is not assured, management believes it is more likely than not the
deferred tax assets, net of valuation allowances, will be realized.
Our accounting represents management's best estimate of future events that can
be appropriately reflected in the accounting estimates. Certain changes or
future events, such as changes in tax legislation, geographic mix of earnings
and completion of tax audits could have an impact on our estimates and effective
tax rate.
To the extent our effective tax rate increases or decreases by 1 percent of
income from operations before income taxes and cumulative effect of accounting
change, consolidated income from operations before cumulative effect of
accounting change would have increased or declined by $0.4 million in 2004.
The amount of income taxes paid by the Company is subject to ongoing audits in
various jurisdictions. We reserve for our best estimate of potential
payments/settlements to be made to the Internal Revenue Service and other taxing
jurisdictions for audits on-going or not yet commenced. We anticipate that the
Internal Revenue Service will complete its examination of 1997 through 2001
during the first half of 2005. Although the results of these audits are not
final, based on currently available information, we believe that the outcome
will not have an adverse effect on our financial position, cash flows or results
of operations.
Reserves for contingencies
A contingency is an existing condition that involves a degree of uncertainty
that will ultimately be resolved upon the occurrence of future events. Under
GAAP, reserves for contingencies are required to be established when the future
event is
8
probable and its impact can be reasonably estimated. An example is the
establishment of a reserve for losses in connection with an unresolved legal
matter. The initial reserve reflects management's best estimate of the probable
cost of ultimate resolution of the matter and is revised accordingly as facts
and circumstances change and, ultimately, when the matter is brought to closure.
Recently Issued Accounting Pronouncements
See Note 2 to the Financial Statements for a discussion of recently issued
accounting pronouncements.
The Company's Changes in Financial Condition and Results of Operations are
described below.
Effective New Accounting Policies Adopted
Refer to Note 2, "Summary of Significant Accounting Policies," of the Notes to
Financial Statements.
Changes in Financial Condition
2004 versus 2003
From December 31, 2003 to December 31, 2004 there was an increase of $403
million in total assets from $3,219 million to $3,621 million. The largest
increase was in separate account assets, which increased by $187 million in 2004
primarily from market value appreciation of $197 million as a result of
continued strength in the equity markets, positive cash flows (sales less
withdrawals) and partially offset by the implementation of AICPA Statement of
Position 03-1, "SOP 03-1," in 2004. SOP 03-1 requires among other things, that
certain individual market value adjusted annuity, "MVA," contracts be accounted
for under general account accounting treatment. As a result of the adoption,
approximately $40 million of fixed maturities formerly classified as separate
account assets were reclassified as general account assets. Fixed maturities
increased by $121 million as a result of the adoption of SOP 03-1 and investing
positive cash flows. Reinsurance recoverables increased $50 million from last
year primarily as a result of larger reinsurance reserves held due to the new
coinsurance agreement with Prudential Arizona Reinsurance Captive Company or,
PARCC, to reinsure the entire term business. Reinsurance reserves under
coinsurance are generally much larger than those for yearly renewable term,
"YRT." Cash and cash equivalents are higher by $36 million as cash received from
financing and operating activities exceeded cash used in investing activities in
2004. DAC increased nearly $7 million driven by an $8 million increase from the
implementation of SOP 03-1 and a change in unrealized gains. DAC also decreased
$2 million as a result of $23 million of amortization mostly offset by $21
million in net capitalization of acquisition expenses. Capitalization in the
Life business reflects a reduction of $37 million resulting from capitalization
of ceding allowances that are part of the new coinsurance agreement mentioned
above. Excluding ceded DAC on the coinsurance agreement, capitalization of
distribution expenses from new sales exceeded amortization of DAC.
During the year, total liabilities increased by $377 million from $2,926 million
to $3,303 million. Corresponding with the asset change, separate account
liabilities increased by $187 million from $1,926 million in 2003, as described
above. Policyholders' account balances increased by $121 million, from $676
million in 2003, primarily due to positive net sales and the reclassification of
MVA contracts as described above. Future policy benefits increased by $31
million, from $159 million in 2003, as a result of growth in the term insurance
business and the establishment of guaranteed minimum death benefit, or GMDB, and
guaranteed minimum income benefit, or GMIB, reserves. Income taxes payable, net
of receivables, increased by $25 million mainly as a result of tax expense and a
tax refund received from Prudential Financial. In accordance with the tax
sharing agreement with Prudential Financial, the Company was reimbursed for
operating losses utilized in the consolidated federal tax return.
Stockholder's equity increased by $26 million, from $293 million at December 31,
2003, to $319 million at December 31, 2004, primarily as a result of net income.
Details of results of operations are discussed below.
9
Results of Operations
2004 to 2003 Annual Comparison
Net Income
Net income of $25 million for 2004 was $4 million more than the $21 million
earned for 2003. The growth in earnings was driven by higher policy charge and
fee income from higher sales, growth in the separate accounts from continued
strength in the financial markets and increased spread revenue resulting from
the adoption of SOP 03-1. DAC amortization dampened the above, increasing $6
million driven by higher gross profits and a lower unlocking in the annuity
business.
Revenues
Revenues increased by $13 million, from $158 million in 2003 to $171 million in
2004. Policy charges and fee income, consisting primarily of mortality and
expense, loading and other insurance charges assessed on general and separate
account policyholders' fund balances, increased by $8 million, from $70 million
in 2003. The increase was a result of a $6 million increase for individual life
products while annuity products added $2 million. Mortality and sales based
loading charges for life products increased as a result of growth in the in
force business. The gross variable in force business grew to $11.5 billion at
December 31, 2004 from $10.3 billion at December 31, 2003. Annuity fees are
mainly asset based fees which are dependent on the fund balances that are
affected by net sales as well as asset depreciation or appreciation on the
underlying investment funds in which the customer has the option to invest.
Average annuity fund balances have increased over last year as a result of
favorable market performance and positive net sales.
Net investment income increased by $7 million, from $45 million in 2003 to $52
million in 2004, as a result of increased income from fixed maturities due to an
increase in the portfolio balance from the adoption of SOP 03-1 and the
investment of positive cash flows into the fixed maturity portfolio. This was
partially offset by the effect of lower reinvestment rates for maturing fixed
maturities and short-term investments due to the lower interest rate
environment.
Premiums decreased by $6 million from $38 million in 2003 to $32 million in
2004, due to increased reinsurance premiums resulting from the new coinsurance
agreement with PARCC, effective August 1, 2004, to reinsure 90% of the entire
term book of business, replacing existing YRT reinsurance on that business.
Coinsurance premiums are generally greater than YRT and as a result, total
reinsurance term premiums were $23 million higher than last year, exceeding $19
million of growth in the direct term business. Extended term life insurance
decreased $2 million as a result of comparatively favorable market performance
in the current year, which caused a decrease in lapses. Premiums in the annuity
business resulting from annuitizations, increased less than $1 million from last
year.
Realized investment gains and losses improved by $3 million as a result of
increased gains on sales of fixed maturities and less impairments in the current
year as a result of continued improvement in the credit environment.
Asset management fees increased by $1 million in 2004 as a result of an increase
in average separate account balances from continued market appreciation and
positive cash flows.
Benefits and Expenses
Total benefits and expenses increased $6 million from $129 million in 2003 to
$135 million in 2004, as the effects of higher interest credited to
policyholders' account balances and increased DAC amortization were partially
offset by lower policyholders' benefits. Interest credited to policyholders'
account balances exceeded the 2003 amount of $23 million by $7 million, due to
an increase in policyholders' account balances, primarily from the adoption of
SOP 03-1 and from positive net sales.
DAC amortization increased by $6 million, from $17 million in 2003 to $23
million in 2004, driven by higher gross profits and lower unlocking in the
annuity business. Amortization in the life business was only slightly lower in
2004 as current period amortization was reduced due to ceded DAC amortization
associated with the new coinsurance treaty with PARCC described in note 13
below.
Policyholders' benefits, including related changes in reserves, were $6 million
lower than 2003. Policyholders' benefits decreased by $3 million, from $32
million in 2003 to $29 million in 2004, due to increased reinsurance coverage
from the PARCC reinsurance treaty and a new excess of loss reinsurance treaty
with Prudential Insurance that carries lower per policy retention limits.
Reserve provisions were also lower, declining $3 million from $19 million in
2003, as a result of increased reinsurance reserves from the new reinsurance
agreements mentioned above. Partly offsetting the decreases from reinsurance
contracts was $2 million of higher deferred policy charge revenues in the life
business from increased sales of the newer variable and universal life products.
The change in reserves for annuity products was essentially unchanged from the
prior year. Included in the change in reserves, are changes for annuity
guaranteed minimum death benefits which were lower due to continued favorable
market performance during 2004.
10
The GMDB feature provides annuity contractholders with a guarantee that the
benefit received at death will be no less than a prescribed minimum amount. This
minimum amount is based on the net deposits paid into the contract, the net
deposits accumulated at a specified rate, the highest historical account value
on a contract anniversary, or more typically, the greatest of these values,
depending on features offered in various contracts and elected by the
contractholders. With the adoption of SOP 03-1 effective January 1, 2004, we
recorded a liability of $1.6 million based on application of an expected loss
ratio to "cumulative assessments" through the balance sheet date, and then
subtracting "cumulative excess payments" through that date. Also, in our
periodic evaluation of unamortized deferred policy acquisition costs associated
with our variable annuity business, we considered the expected net costs
associated with the guaranteed minimum death benefits in our calculation of
expected gross profits from this business. Accordingly, the effect of
establishing the guaranteed minimum death benefit reserve related to this
business was partially offset by an increase of less than $1 million in
unamortized deferred policy acquisition costs.
General, administrative and other expenses, excluding DAC amortization, were
unchanged from last year. Overall, general and administrative expenses are
higher as a result of new business and the growing in force. Offsetting the
growth in general and administrative expenses are lower net distribution costs
resulting from reinsurance expense allowances, net of capitalization, in the
life business as a result of the PARCC coinsurance agreement mentioned above.
These allowances received are included in net distribution expense within
operating expenses and reduce overall distribution costs.
Item 7a. Quantitative and Qualitative Disclosures About Market Risk
Risk Management, Market Risk and Derivative Instruments
Risk management includes the identification and measurement of various forms of
risk, the establishment of risk thresholds and the creation of processes
intended to maintain risks within these thresholds while optimizing returns on
the underlying assets or liabilities. We consider risk management an integral
part of our core business.
Market risk is the risk of change in the value of financial instruments as a
result of absolute or relative changes in interest rates, foreign currency
exchange rates or equity or commodity prices. To varying degrees, the investment
and trading activities supporting all of our products and services generate
market risks. The market risks incurred and our strategies for managing these
risks vary by product.
With respect to non-variable life insurance products, fixed rate annuities and
the fixed rate options in our variable life insurance and annuity products, we
incur market risk primarily in the form of interest rate risk. We manage this
risk through asset/liability management strategies that seek to match the
interest rate sensitivity of the assets to that of the underlying liabilities.
Our overall objective in these strategies is to limit the net change in value of
assets and liabilities arising from interest rate movements. While it is more
difficult to measure the interest sensitivity of our insurance liabilities than
that of the related assets, to the extent that we can measure such sensitivities
we believe that interest rate movements will generate asset value changes that
substantially offset changes in the value of the liabilities relating to the
underlying products.
For variable annuities and variable life insurance products, excluding the fixed
rate options in these products, and most separate accounts, our main exposure to
the market is the risk that asset management fees decrease as a result of
declines in assets under management due to changes in prices of securities. We
also run the risk that asset management fees calculated by reference to
performance could be lower. For variable annuity and variable life insurance
products with minimum guaranteed death and other benefits, we also face the risk
that declines in the value of underlying investments as a result of changes in
prices of securities may increase our net exposure to these death and other
benefits under these contracts. See "Management's Discussion and Analysis of
Financial Condition and Results of Operations--Results of Operations" for
payments made under the guaranteed minimum death benefit provision of certain
individual annuity contracts.
We manage our exposure to equity price risk relating to our general account
primarily by seeking to match the risk profile of equity investments against
risk-adjusted equity market benchmarks. We measure benchmark risk levels in
terms of price volatility in relation to the market in general.
The source of our exposure to market risk is related to "other than trading"
activities conducted primarily in our insurance and annuity products operations.
Other Than Trading Activities
We hold the majority of our assets for "other than trading" activities in our
insurance and annuities products operations. We incorporate asset/liability
management techniques and other risk management policies and limits into the
process of investing our assets. We use derivatives for hedging purposes in the
asset/liability management process.
11
Insurance, Annuities, and Guaranteed Products Asset/Liability Management
We seek to maintain interest rate and equity exposures within established
ranges, which we periodically adjust based on market conditions and the design
of related products sold to customers. Our risk managers establish investment
risk limits for exposures to any issuer, geographic region, type of security or
industry sector and oversee efforts to manage risk within policy constraints set
by management and approved by the Investment Committee of Prudential Financial
and the Board of Directors.
We use duration and convexity analyses to measure price sensitivity to interest
rate changes. Duration measures the relative sensitivity of the fair value of a
financial instrument to changes in interest rates. Convexity measures the rate
of change of duration with respect to changes in interest rates. We seek to
manage our interest rate exposure by legal entity by matching the relative
sensitivity of asset and liability values to interest rate changes, or
controlling "duration mismatch" of assets and liabilities. We have target
duration mismatch constraints for each entity. As of December 31, 2004 and 2003,
the difference between the duration of assets and the target duration of
liabilities in our duration managed portfolios was within our constraint limits.
We consider risk-based capital implications in our asset/liability management
strategies.
We also perform portfolio stress testing as part of our regulatory cash flow
testing. In this testing, we evaluate the impact of altering our
interest-sensitive assumptions under various moderately adverse interest rate
environments. These interest-sensitive assumptions relate to the timing and
amount of redemptions and prepayments of fixed-income securities and lapses and
surrenders of insurance products and the potential impact of any guaranteed
minimum interest rates. We evaluate any shortfalls that this cash flow testing
reveals to determine if we need to increase statutory reserves or adjust
portfolio management strategies.
Market Risk Related to Interest Rates
Our "other than trading" assets that subject us to interest rate risk include
primarily fixed maturity securities, and policy loans. In the aggregate, the
carrying value of these assets represented 70% of our consolidated assets, other
than assets that we held in separate accounts, as of December 31, 2004 and 73%
as of December 31, 2003.
With respect to "other than trading" liabilities, we are exposed to interest
rate risk through policyholders' account balances relating to interest-sensitive
life insurance, annuity and investment-type contracts.
We assess interest rate sensitivity for "other than trading" financial assets,
financial liabilities and derivatives using hypothetical test scenarios that
assume either upward or downward 100 basis point parallel shifts in the yield
curve from prevailing interest rates. The following tables set forth the
potential loss in fair value from a hypothetical 100 basis point upward shift as
of December 31, 2004 and 2003, because this scenario results in the greatest net
exposure to interest rate risk of the hypothetical scenarios tested at those
dates. While the test scenario is for illustrative purposes only and does not
reflect our expectations regarding future interest rates or the performance of
fixed-income markets, it is a near-term, reasonably possible hypothetical change
that illustrates the potential impact of such events. These test scenarios do
not measure the changes in value that could result from non-parallel shifts in
the yield curve, which we would expect to produce different changes in discount
rates for different maturities. As a result, the actual loss in fair value from
a 100 basis point change in interest rates could be different from that
indicated by these calculations.
12
The following presentation excludes $587 million and $522 million of insurance
reserves and deposit liabilities at December 31, 2004 and 2003, respectively.
The Company believes that the interest rate sensitivities of these insurance
liabilities offset, in large measure, the interest rate risk of the financial
assets set forth in the following tables.
December 31, 2004
---------------------------------------------------------------
Hypothetical
Fair Value
After + 100
Notional Basis Point Hypothetical
Value of Fair Parallel Change in
Derivatives Value Yield Curve Fair Value
Shift
---------------------------------------------------------------
Financial Assets with Interest Rate (In millions)
Risk:
Financial Assets:
Fixed maturities, available for sale $ 904 $872 $ (32)
Policy loans 175 163 (12)
Derivatives:
Futures $(5) -- -- --
Financial Liabilities:
Investment Contracts (399) (399) --
-----
Total Estimated Potential Loss $ (44)
=====
December 31, 2003
---------------------------------------------------------------
Hypothetical
Fair Value
After + 100
Notional Basis Point Hypothetical
Value of Fair Parallel Change in
Derivatives Value Yield Curve Fair Value
Shift
---------------------------------------------------------------
Financial Assets with Interest Rate (In millions)
Risk:
Financial Assets:
Fixed maturities, available for sale $ 783 $755 $ (28)
Policy loans 179 168 (11)
Derivatives:
Futures $6 -- -- --
Financial Liabilities:
Investment Contracts (313) (313) --
-----
Total Estimated Potential Loss $ (39)
=====
The estimated changes in fair values of the financial assets shown above relate
to assets invested in support of the Company's insurance liabilities, but do not
include assets associated with products for which investment risk is borne
primarily by the contractholders rather than the Company.
Market Risk Related to Foreign Currency Exchange Rates
The Company is exposed to foreign currency exchange risk in its investment
portfolio and previously through its operations in Taiwan. The Company generally
hedges substantially all foreign currency-denominated fixed-income investments
supporting its U.S. insurance operations into U.S. dollars, in order to mitigate
the risk that the fair value of these investments fluctuates as a result of
changes in foreign exchange rates.
13
Foreign currency exchange risk is actively managed within specified limits at
the enterprise (Prudential Insurance) level using Value-at-Risk ("VaR")
analysis. This statistical technique estimates, at a specified confidence level,
the potential pre-tax loss in portfolio market value that could occur over an
assumed time horizon due to adverse market movements. This calculation utilizes
a variance/covariance approach.
Although VaR models are a recognized tool for risk management, they have
inherent limitations, including reliance on historical data that may not be
indicative of future market conditions or trading patterns. Accordingly, you
should not view VaR models as a predictor of future results. We may incur losses
that could be materially in excess of the amounts indicated by the models on a
particular trading day or over a period of time, and there have been instances
when results have fallen outside the values generated by our VaR models. A VaR
model does not estimate the greatest possible loss. The results of these models
and analysis thereof are subject to the judgment of our risk management
personnel.
Derivatives
Derivatives are financial instruments whose values are derived from interest
rates, foreign exchange rates, financial indices, or the prices of securities or
commodities. Derivative financial instruments may be exchange-traded or
contracted in the over-the-counter market and include swaps, futures, options
and forward contracts. See Note 10 to the Financial Statements for a description
of our derivative activities as of December 31, 2004 and 2003. Under insurance
statutes, our insurance companies may use derivative financial instruments to
hedge actual or anticipated changes in their assets or liabilities, to replicate
cash market instruments or for certain income-generating activities. These
statutes generally prohibit the use of derivatives for speculative purposes. We
use derivative financial instruments primarily to seek to reduce market risk
from changes in interest rates or foreign currency exchange rates, and to alter
interest rate or foreign currency exposures arising from mismatches between
assets and liabilities.
Item 8. Financial Statements and Supplementary Data
Information required with respect to this Item 8 regarding Financial Statements
and Supplementary Data is set forth commencing on page F-3 hereof. See Index to
Financial Statements elsewhere in this Annual Report on Form 10-K.
Item 9. Changes in and Disagreements with Independent Accountants on Accounting
and Financial Disclosure
None.
Item 9A. Controls and Procedures
In order to ensure that the information we must disclose in our filings with the
SEC is recorded, processed, summarized, and reported on a timely basis, the
Company's management, including our Chief Executive Officer and Chief Financial
Officer, have reviewed and evaluated the effectiveness of our disclosure
controls and procedures, as defined in Exchange Act Rule 13a-15(e), as of
December 31, 2004. Based on such evaluation, the Chief Executive Officer and
Chief Financial Officer have concluded that, as of December 31, 2004, our
disclosure controls and procedures were effective in timely alerting them to
material information relating to us (and our consolidated subsidiaries) required
to be included in our periodic SEC filings. No change in our internal control
over financial reporting occurred during the quarter ended December 31, 2004,
that has materially affected, or is reasonably likely to materially affect, our
internal control over financial reporting, as defined in Exchange Act Rule
13a-15(f). These conclusions are not affected by the matters discussed in the
following two paragraphs.
In determining the Company's state income tax expense for the three months ended
June 30, 2004, an error was made relating to the treatment of state net
operating loss carryforwards. This error resulted in an understatement of tax
expense, and corresponding overstatement of net income for the three and six
months ended June 30, 2004 and nine months ended September 30, 2004. Correction
of this error has been reflected in the Company's results of operations for the
three months ended December 31, 2004. Management of the Company does not believe
the effect of the error on any prior period to be material. The error was
identified by the Company in the course of a review and inventory by the Company
of its deferred tax balances undertaken during the fourth quarter of 2004.
The Company has implemented enhancements to its internal control over financial
reporting to provide reasonable assurance that errors of this type will not
recur. These steps include the completion of the Company's comprehensive review
and inventory of deferred tax assets and liabilities. The Company is in the
process of implementing definitive standards for detailed documentation
supporting deferred tax balances and expects to complete this implementation in
2005. The Company is also in the process of implementing an
14
automated application to further enhance control with respect to the collection
of detailed deferred tax information, and it expects to fully implement such
application in 2005.
Item 9B. Other Information
None.
Item 10. Directors and Executive Officers of the Registrant
We have adopted a code of business conduct and ethics, known as "Making the
Right Choices," which applies to our Chief Executive Officer, Chief Financial
Officer, as well as to our directors and other employees. Making the Right
Choices is posted on our website at www.investor.prudential.com. Our code of
business conduct and ethics, any amendments and any waiver granted to any of our
directors or executive officers are available free of charge on our website at
www.investor.prudential.com.
15
PART III
Item 14. Principal Accounting Fees and Services
The Audit Committee of the Board of Directors of Prudential Financial has
appointed PricewaterhouseCoopers LLP as the independent auditor of Prudential
Financial and certain of its domestic and international subsidiaries, including
the Registrant. The Audit Committee has established a policy requiring its
pre-approval of all audit and permissible non-audit services provided by the
independent auditor. The specific information called for by this item is hereby
incorporated by reference to the section entitled "Item 2 - Ratification of the
Appointment of Independent Auditors" in Prudential Financial's definitive proxy
statement for the Annual Meeting of Shareholders to be held on June 7, 2005, to
be filed with the Securities and Exchange Commission pursuant to Regulation 14A
within 120 days after the year ended December 31, 2004.
PART IV
Item 15. Exhibits and Financial Statement Schedules
(a) (1) and (2) Financial Statements of Registrant are listed in the
accompanying "Index to Financial Statements" on page F-1 hereof and are
filed as part of this Report.
(a) (3) Exhibits
Regulation S-K
2. Not applicable.
3(i)(a) The Articles of Incorporation (as amended through March 11, 1983)
of Pruco Life Insurance Company of New Jersey are incorporated by reference to
Post-effective Amendment No. 26 to the Registration Statement on Form S-6 of
Pruco Life of New Jersey Variable Appreciable Account as filed April 28, 1997,
Registration No. 2-89780.
3(i)(b) Amendment to the Articles of Incorporation dated February 12, 1998
is incorporated by reference to Post-Effective Amendment No. 12 to the
Registration Statement on Form S-1, of Pruco Life of New Jersey Variable
Contract Real Property Account as filed on April 16, 1999, Registration No.
33-20018.
3(ii) By-Laws of Pruco Life Insurance Company of New Jersey (as amended
through May 5, 1997) are incorporated by reference to Form 10-Q as filed by the
Registrant on August 15, 1997.
4. Exhibits
4(a) Market-Value Adjustment Annuity Contract (Discovery Select
variable annuity) is incorporated by reference to
Pre-Effective Amendment No. 1 to Form N-4, Registration No.
333-18053, filed December 18, 1996, on behalf of the Pruco
Life of New Jersey Flexible Premium Variable Annuity Account.
4(b) Market-Value Adjustment Annuity Contract (Strategic Partners
Select variable annuity) is incorporated by reference to the
Registrant'ss registration statement on Form S-3, Registration
No. 333-62246, filed April 14, 2003.
4(c) Market-Value Adjustment Annuity Contract (Strategic Partners
Horizon annuity) is incorporated by reference to the Company's
Form S-3, Registration No. 333-100713, filed March 26, 2003.
4(d) Market-Value Adjustment Annuity Contract Endorsement
(Strategic Partners Annuity One variable annuity) is
incorporated by reference to the Registrant's registration
statement on Form S-3, Registration No. 333-103473, filed
February 27, 2003.
9. None.
10. None.
11. Not applicable.
12. Not applicable.
16
13. Not applicable.
16. Not applicable.
18. None.
22. None.
23. Not applicable.
24. Powers of Attorney.
31.1 Section 302 Certification of the Chief Executive Officer,
31.2 Section 302 Certification of the Chief Accounting Officer,
32.1 Section 906 Certification of the Chief Executive Officer,
32.2 Section 906 Certification of the Chief Accounting Officer.
17
SIGNATURES
Pursuant to the requirements of Section 13 or 15 (d) of the Securities Exchange
Act of 1934, the Registrant has duly caused this report to be signed on its
behalf by the undersigned, thereunto duly authorized, in the City of Newark, and
State of New Jersey, on the 30th day of March 2005.
PRUCO LIFE INSURANCE COMPANY OF NEW JERSEY
(Registrant)
By: /s/ Bernard J. Jacob
---------------------------------
Bernard J. Jacob
Chief Executive Officer
(Principal Executive Officer)
Pursuant to the requirements of the Securities Exchange Act of 1934, this report
has been signed below by the following persons on behalf of the Registrant and
in the capacities indicated on March 30, 2005.
Signature Title
- --------- -----
James J. Avery, Jr. * Director
- ---------------------------------
James J. Avery, Jr.
/s/ Bernard J. Jacob * Director and President
- ---------------------------------
(Principal Executive Officer)
Bernard J. Jacob
Ronald Paul Joelson * Director
- ---------------------------------
Ronald Paul Joelson
Andrew J. Mako * Director
- ---------------------------------
Andrew J. Mako
C. Edward Chaplin * Director
- ---------------------------------
C. Edward Chaplin
Helen M. Galt * Director
- ---------------------------------
Helen M. Galt
David R. Odenath, Jr. * Director
- ---------------------------------
David R. Odenath, Jr.
/s/ John Chieffo Chief Financial and Accounting Officer
- ---------------------------------
John Chieffo
(Principal Accounting and Financial Officer)
* By: /s/ Thomas C. Castano
----------------------------
Thomas C. Castano
(Attorney-in-Fact)
18
PRUCO LIFE INSURANCE COMPANY OF NEW JERSEY
Financial Statements and
Report of Independent Registered Public Accounting Firm
December 31, 2004 and 2003
29
PRUCO LIFE INSURANCE COMPANY OF NEW JERSEY
INDEX TO FINANCIAL STATEMENTS
Financial Statements Page No.
--------
PRUCO LIFE INSURANCE COMPANY OF NEW JERSEY
Report of Independent Registered Public Accounting Firm F-2
Financial Statements:
Statements of Financial Position - December 31, 2004 and 2003 F-3
Statements of Operations and Comprehensive Income
Years Ended December 31, 2004, 2003 and 2002 F-4
Statements of Stockholder's Equity - Years Ended December 31, 2004, 2003 and 2002 F-5
Statements of Cash Flows - Years Ended December 31, 2004, 2003 and 2002 F-6
Notes to Financial Statements F-7
F-1
Report of Independent Registered Public Accounting Firm
To the Board of Directors and Stockholder of
Pruco Life Insurance Company of New Jersey
In our opinion, the financial statements listed in the accompanying index
present fairly, in all material respects, the financial position of Pruco Life
Insurance Company of New Jersey (an indirect, wholly-owned subsidiary of The
Prudential Insurance Company of America) at December 31, 2004 and 2003, and the
results of its operations and its cash flows for each of the three years in the
period ended December 31, 2004, in conformity with accounting principles
generally accepted in the United States of America. These financial statements
are the responsibility of the Company's management. Our responsibility is to
express an opinion on these financial statements based on our audits. We
conducted our audits of these statements in accordance with the standards of the
Public Company Accounting Oversight Board (United States). Those standards
require that we plan and perform the audit to obtain reasonable assurance about
whether the financial statements are free of material misstatement. An audit
includes examining, on a test basis, evidence supporting the amounts and
disclosures in the financial statements, assessing the accounting principles
used and significant estimates made by management, and evaluating the overall
financial statement presentation. We believe that our audits provide a
reasonable basis for our opinion.
As described in Note 2, the Company adopted American Institute of Certified
Public Accountants Statement of Position 03-1, "Accounting and Reporting by
Insurance Enterprises for Certain Nontraditional Long-Duration Contracts and for
Separate Accounts" as of January 1, 2004, and the fair value provisions of
Statement of Financial Accounting Standards No. 123, "Accounting for Stock Based
Compensation" as of January 1, 2003.
PricewaterhouseCoopers LLP
New York, New York
March 25, 2005
F-2
Pruco Life Insurance Company of New Jersey
Statements of Financial Position
As of December 31, 2004 and December 31, 2003 (in thousands, except share
amounts)
- --------------------------------------------------------------------------------
2004 2003
----------- -----------
ASSETS
Fixed maturities available for sale,
at fair value (amortized cost, 2004 - $874,200; and 2003 - $746,370) $ 903,685 $ 782,685
Policy loans 153,359 154,659
Short-term investments 44,549 44,571
Other long-term investments 1,977 2,765
----------- -----------
Total investments 1,103,570 984,680
Cash and cash equivalents 108,117 72,547
Deferred policy acquisition costs 183,219 176,529
Accrued investment income 15,045 13,635
Reinsurance recoverables 67,411 17,850
Receivables from affiliates 17,152 17,173
Other assets 13,789 9,954
Separate account assets 2,112,866 1,926,301
----------- -----------
TOTAL ASSETS $ 3,621,169 $ 3,218,669
=========== ===========
LIABILITIES AND STOCKHOLDER'S EQUITY
LIABILITIES
Policyholders' account balances $ 796,421 $ 675,823
Future policy benefits and other policyholder liabilities 189,673 158,752
Cash collateral for loaned securities 74,527 78,855
Securities sold under agreements to repurchase 24,754 14,483
Income taxes payable 76,878 51,383
Other liabilities 27,788 20,317
Separate account liabilities 2,112,866 1,926,301
----------- -----------
Total liabilities 3,302,907 2,925,914
----------- -----------
CONTINGENCIES (See Note 12)
STOCKHOLDER'S EQUITY
Common stock, ($5 par value;
400,000 shares, authorized;
issued and outstanding at
December 31, 2004 and December 31, 2003) 2,000 2,000
Additional paid-in-capital 168,810 168,742
Deferred compensation (152) (108)
Accumulated other comprehensive income 13,246 13,178
Retained earnings 134,358 108,943
----------- -----------
Total stockholder's equity 318,262 292,755
----------- -----------
TOTAL LIABILITIES AND
STOCKHOLDER'S EQUITY $ 3,621,169 $ 3,218,669
=========== ===========
See Notes to Financial Statements
F-3
Pruco Life Insurance Company of New Jersey
Statements of Operations and Comprehensive Income
Years Ended December 31, 2004, 2003 and 2002 (in thousands)
- --------------------------------------------------------------------------------
2004 2003 2002
--------- --------- ---------
REVENUES
Premiums $ 31,822 $ 38,141 $ 28,321
Policy charges and fee income 77,872 70,060 70,444
Net investment income 52,499 45,148 44,812
Realized investment gains (losses), net 1,885 (838) (14,204)
Asset management fees 4,976 4,029 1,264
Other income 1,947 1,717 1,709
--------- --------- ---------
Total revenues 171,001 158,257 132,346
--------- --------- ---------
BENEFITS AND EXPENSES
Policyholders' benefits 44,968 50,898 45,543
Interest credited to policyholders' account
balances 29,324 22,641 20,449
General, administrative and other expenses 60,742 55,167 56,145
--------- --------- ---------
Total benefits and expenses 135,034 128,706 122,137
--------- --------- ---------
Income from operations before income taxes and
cumulative effect of accounting change 35,967 29,551 10,209
--------- --------- ---------
Income taxes:
Current 14,584 (15,103) (8,717)
Deferred (4,216) 24,037 3,558
--------- --------- ---------
Total income tax expense (benefit) 10,368 8,934 (5,159)
--------- --------- ---------
Net Income from Operations Before Cumulative
Effect of Accounting Change 25,599 20,617 15,368
Cumulative effect of change in accounting
principle, net of taxes (184) -- --
--------- --------- ---------
NET INCOME 25,415 20,617 15,368
--------- --------- ---------
Other comprehensive income, net of tax
Increase (decrease) in net unrealized
investment gains, net of taxes (479) 3,483 5,971
Cumulative effect of accounting change, net of 547 -- --
tax
--------- --------- ---------
Other comprehensive income, net of tax 68 3,483 5,971
--------- --------- ---------
COMPREHENSIVE INCOME $ 25,483 $ 24,100 $ 21,339
========= ========= =========
See Notes to Financial Statements
F-4
Pruco Life Insurance Company of New Jersey
Statements of Stockholder's Equity
Periods Ended December 31, 2004, 2003 and 2002 (in thousands)
- -------------------------------------------------------------
Accumulated
Other Total
Common Paid - in Retained Deferred Comprehensive Stockholder's
Stock Capital Earnings Compensation Income (Loss) Equity
--------- --------- --------- ------------- ------------- -------------
Balance, January 1, 2002 $ 2,000 $ 128,689 $ 72,959 $ -- $ 3,724 $ 207,372
Net income -- -- 15,368 -- -- 15,368
Adjustments to policy credits
issued to eligible policyholders -- -- (1) -- -- (1)
Change in net unrealized
investment gains, net of taxes -- -- -- -- 5,971 5,971
--------- --------- --------- ------------- ------------- -------------
Balance, December 31, 2002 2,000 128,689 88,326 -- 9,695 228,710
Net income -- -- 20,617 -- -- 20,617
Contribution from Parent -- 40,000 -- -- -- 40,000
Stock-based compensation
programs -- 53 -- (108) -- (55)
Change in net unrealized
investment gains, net of taxes -- -- -- -- 3,483 3,483
--------- --------- --------- ------------- ------------- -------------
Balance, December 31, 2003 2,000 168,742 108,943 (108) 13,178 292,755
Net income -- -- 25,415 -- -- 25,415
Stock-based compensation
programs -- 68 -- (44) -- 24
Cumulative effect of
accounting change, net of taxes -- -- -- -- 547 547
Change in net unrealized
investment gains, net of taxes -- -- -- -- (479) (479)
--------- --------- --------- ------------- ------------- -------------
Balance, December 31, 2004 $ 2,000 $ 168,810 $ 134,358 $ (152) $ 13,246 $ 318,262
========= ========= ========= ============= ============= =============
See Notes to Financial Statements
F-5
Pruco Life Insurance Company of New Jersey
Statements of Cash Flows
Years Ended December 31, 2004, 2003 and 2002 (in thousands)
- --------------------------------------------------------------------------------
2004 2003 2002
--------- ----------------------
CASH FLOWS FROM OPERATING ACTIVITIES:
Net income $ 25,415 $ 20,617 $ 15,368
Adjustments to reconcile net income to net cash (used in)
provided by operating activities:
Policy charges and fee income (19,556) (15,786) (12,057)
Interest credited to policyholders' account balances 29,324 22,641 20,449
Realized investment (gains) losses, net (1,885) 838 14,204
Amortization and other non-cash items 20,192 1,616 (7,651)
Cumulative effect of accounting change 184 -- --
Change in:
Future policy benefits and other policyholders'
liabilities 29,266 24,544 14,808
Reinsurance recoverable (49,561) (9,671) --
Accrued investment income (784) (2,344) (892)
Policy loans 1,300 3,772 323
Receivable from affiliates 21 13 (7,416)
Deferred policy acquisition costs (6,302) (39,476) (18,078)
Income taxes payable 25,597 17,737 (2,366)
Other, net 3,643 11,766 (8,341)
--------- ----------------------
Cash Flows From Operating Activities 56,854 36,267 8,351
--------- ----------------------
CASH FLOWS USED IN INVESTING ACTIVITIES:
Proceeds from the sale/maturity of:
Fixed maturities available for sale 449,653 314,559 271,401
Payments for the purchase of:
Fixed maturities available for sale (543,373) (540,203) (331,512)
Other long-term investments (86) 1,083 (2,458)
Short term investments, net 2,443 (14,254) 2,822
--------- ----------------------
Cash Flows Used in Investing Activities (91,363) (238,815) (59,747)
--------- ----------------------
CASH FLOWS FROM FINANCING ACTIVITIES:
Policyholders' account:
Deposits 221,728 210,872 135,163
Withdrawals (157,616) (73,794) (73,518)
Cash collateral for loaned securities, net (4,328) 53,820 (11,057)
Securities sold under agreements to repurchase, net 10,271 (17,230) 13,199
Contribution from Parent -- 40,000 --
Deferred compensation (44) (108) --
Stock-based compensation 68 53 --
Cash payments to eligible policyholders -- -- (9,121)
--------- ----------------------
Cash Flows From Financing Activities 70,079 213,613 54,666
--------- ----------------------
Net increase in cash and cash equivalents 35,570 11,065 3,270
Cash and cash equivalents, beginning of year 72,547 61,482 58,212
--------- ----------------------
CASH AND CASH EQUIVALENTS, END OF YEAR $ 108,117 $ 72,547 $ 61,482
========= ======================
See Notes to Financial Statements
F-6
Pruco Life Insurance Company of New Jersey
Notes to Financial Statements
- --------------------------------------------------------------------------------
1. BUSINESS
Pruco Life Insurance Company of New Jersey or, "the Company," is a stock life
insurance company organized in 1982 under the laws of the state of New Jersey.
The Company is licensed to sell interest-sensitive individual life insurance,
variable life insurance, term insurance, variable annuities, and fixed annuities
contracts only in the states of New Jersey and New York.
The Company is a wholly owned subsidiary of Pruco Life Insurance Company or,
"Pruco Life", a stock life insurance company organized in 1971 under the laws of
the state of Arizona. Pruco Life, in turn, is a wholly owned subsidiary of The
Prudential Insurance Company of America or, "Prudential Insurance", an insurance
company founded in 1875 under the laws of the state of New Jersey. On December
18, 2001 ("the date of demutualization") Prudential Insurance converted from a
mutual life insurance company to a stock life insurance company and became an
indirect wholly owned subsidiary of Prudential Financial, Inc. or, "Prudential
Financial."
The Company is engaged in a business that is highly competitive because of the
large number of stock and mutual life insurance companies and other entities
engaged in marketing insurance products and individual annuities.
2. SUMMARY OF SIGNIFICANT ACCOUNTING POLICIES
Basis of Presentation
The financial statements have been prepared in accordance with accounting
principles generally accepted in the United States of America or, GAAP. The
Company has extensive transactions and relationships with Prudential Insurance
and other affiliates, as more fully described in Note 13. Due to these
relationships, it is possible that the terms of these transactions are not the
same as those that would result from transactions among wholly unrelated
parties.
Use of Estimates
The preparation of financial statements in conformity with GAAP requires
management to make estimates and assumptions that affect the reported amounts of
assets and liabilities, in particular deferred policy acquisition costs,
investments, future policy benefits, provision for income taxes, disclosure of
contingent liabilities at the date of the financial statements and the reported
amounts of revenues and expenses during the period. Actual results could differ
from those estimates.
Stock Options
Effective January 1, 2003, Prudential Financial changed its accounting for
employee stock options to adopt the fair value recognition provisions of SFAS
No. 123, "Accounting for Stock-Based Compensation," as amended, prospectively
for all new awards granted to employees on or after January 1, 2003.
Accordingly, results of operations of the Company for the years ended December
31, 2004 and 2003, include costs of less than $0.1 million and $0.1 million,
respectively, associated with employee stock options issued by Prudential
Financial to certain employees of the Company. Prior to January 1, 2003,
Prudential Financial accounted for employee stock options using the intrinsic
value method of APB No. 25, "Accounting for Stock Issued to Employees," and
related interpretations. Under this method, Prudential Financial and the Company
did not recognize any stock-based compensation costs as all options granted had
an exercise price equal to the market value of Prudential Financial's Common
Stock on the date of grant.
In December 2004, the FASB issued SFAS No. 123R, "Share-Based Payment," which
replaces FASB Statement No. 123. SFAS 123R requires all entities to apply the
fair value based measurement method in accounting for share-based payment
transactions with employees except for equity instruments held by employee share
ownership plans. As described above Prudential Financial had previously adopted
the fair value recognition provisions of the original SFAS 123 for all new
awards granted to employees on or after January 1, 2003. SFAS 123R is effective
for interim and annual periods beginning after June 15, 2005. Prudential
Financial will adopt the fair value recognition provisions of this statement on
July 1, 2005 for those awards issued prior to January 1, 2003. By that date, the
unvested stock options issued prior to January 1, 2003, will be recognized over
the remaining vesting period of approximately six months.
Prudential Financial and the Company account for non-employee stock options
using the fair value method of SFAS No. 123 in accordance with Emerging Issues
Task Force Issue ("EITF") No. 96-18 "Accounting for Equity Instruments That Are
Issued to Other Than Employees" and related interpretations in accounting for
its non-employee stock options.
F-7
Pruco Life Insurance Company of New Jersey
Notes to Financial Statements
- --------------------------------------------------------------------------------
2. SUMMARY OF SIGNIFICANT ACCOUNTING POLICIES (continued)
Investments
Fixed maturities classified as "available for sale" are carried at fair value.
The amortized cost of fixed maturities is written down to fair value if a
decline in value is considered to be other than temporary. See the discussion
below on realized gains and losses for a description of the accounting for
impairment adjustments. Unrealized gains and losses on fixed maturities
"available for sale", including the effect on deferred policy acquisition costs
and policyholders' account balances that would result from the realization of
unrealized gains and losses are included in "Accumulated other comprehensive
income (loss)."
Policy loans are carried at unpaid principal balances.
Securities repurchase and resale agreements and securities borrowed and loaned
transactions are used to generate income, to borrow funds, or to facilitate
trading activity. Securities repurchase and resale agreements are generally
short-term in nature, and therefore, the carrying amounts of these instruments
approximate fair value. Securities repurchase and resale agreements are
collateralized principally by U.S. government and government agency securities.
Securities borrowed or loaned are collateralized principally by cash or U.S.
government securities. For securities repurchase agreements and securities
loaned transactions used to generate income, the cash received is typically
invested in cash equivalents, short-term investments or fixed maturities.
Securities repurchase and resale agreements that satisfy certain criteria are
treated as collateralized financing arrangements. These agreements are carried
at the amounts at which the securities will be subsequently resold or
reacquired, as specified in the respective agreements. For securities purchased
under agreements to resell, the Company's policy is to take possession or
control of the securities and to value the securities daily. Securities to be
resold are the same, or substantially the same, as the securities received. For
securities sold under agreements to repurchase, the market value of the
securities to be repurchased is monitored, and additional collateral is obtained
where appropriate, to protect against credit exposure. Securities to be
repurchased are the same, or substantially the same as those sold. Income and
expenses related to these transactions executed within the general are reported
as "Net investment income," however, for transactions used to borrow funds, the
associated borrowing cost is reported as interest expense (included in "General
and administrative expenses").
Securities borrowed and securities loaned transactions are treated as financing
arrangements and are recorded at the amount of cash advanced or received. With
respect to securities loaned transactions, the Company obtains collateral in an
amount equal to 102% and 105% of the fair value of the domestic and foreign
securities, respectively. The Company monitors the market value of the
securities borrowed and loaned on a daily basis with additional collateral
obtained or provided as necessary. Substantially all of the Company's securities
borrowed transactions are with brokers and dealers, commercial banks and
institutional clients. Substantially all of the Company's securities loaned
transactions are with large brokerage firms. Income and expenses associated with
securities borrowing transactions are reported as "Net investment income."
Income and expenses associated with securities loaned transactions used to
generate income are generally reported as "Net investment income;" however, for
securities loaned transactions used for funding purposes the associated rebate
is reported as interest expense (included in "General and administrative
expenses").
Short-term investments consist of highly liquid debt instruments with a maturity
of greater than three months and less than twelve months when purchased. These
investments are carried at amortized cost, which because of their short-term
nature approximates fair value.
Other long-term investments consist of the Company's investments in joint
ventures and limited partnerships in which the Company does not exercise
control, as well as investments in the Company's own separate accounts, which
are carried at estimated fair value, and investment real estate. Joint venture
and partnership interests are generally accounted for using the equity method of
accounting, except in instances in which the Company's interest is so minor that
it exercises virtually no influence over operating and financial policies. In
such instances, the Company applies the cost method of accounting. The Company's
net income from investments in joint ventures and partnerships is generally
included in "Net investment income."
Realized investment gains (losses), net are computed using the specific
identification method. Costs of fixed maturities and equity securities are
adjusted for impairments, which are declines in value that are considered to be
other than temporary. Impairment adjustments are included in "Realized
investment losses, net." In evaluating whether a decline in value is other than
temporary, the Company considers several factors including, but not limited to
the following: (1) the extent (generally if greater than 20%) and the duration
(generally if greater than six months); (2) the reasons for the decline in value
(credit event, interest related or market fluctuation); (3) the Company's
ability and intent to hold the investments for a period of time to allow for a
recovery of value; and (4) the financial condition of and near-term prospects of
the issuer.
F-8
Pruco Life Insurance Company of New Jersey
Notes to Financial Statements
- --------------------------------------------------------------------------------
2. SUMMARY OF SIGNIFICANT ACCOUNTING POLICIES (continued)
There are a number of significant risks and uncertainties inherent in the
process of monitoring impairments and determining if an impairment is other than
temporary. These risks and uncertainties include, but are not limited to: (1)
the risk that our assessment of an issuer's ability to meet its obligations
could change, (2) the risk that the economic outlook could be worse than
expected or have more of an impact on the issuer than anticipated, (3) the risk
that we are making decisions based on fraudulent or misstated information in the
financial statements provided by issuers and (4) the risk that new information
obtained by us or changes in other facts and circumstances, including those not
related to the issuer, could lead us to change our intent to hold the security
to maturity or until it recovers in value. Any of these situations could result
in a change in our impairment determination, and hence a charge to earnings in a
future period.
Cash and cash equivalents
Cash and cash equivalents include cash on hand, amounts due from banks, money
market instruments, and other debt issues with maturities of three months or
less when purchased.
Deferred Policy Acquisition Costs
The Company is charged distribution expenses from Prudential's agency network
for both its domestic life and annuity products through a transfer pricing
agreement, which is intended to reflect a market based pricing arrangement.
These costs include commissions and variable field office expenses. The Company
is also allocated costs of policy issuance and underwriting from Prudential
Insurance's general and administrative expense allocation system. The Company
also is charged commissions from third parties, which are primarily capitalized.
The costs that vary with and that are related primarily to the production of new
insurance and annuity business are deferred to the extent such costs are deemed
recoverable from future profits. For annuity products, the entire
transfer-pricing fee is deemed to be related to the production of new annuity
business and is capitalized. For life products, there is a look-through into the
expenses incurred by the Prudential Insurance's agency network and expenses that
are considered to be related to the production of new insurance business are
deferred. The cost of policy issuance and underwriting are also considered to be
related primarily to the production of new insurance and annuity business and
are fully capitalized. Deferred policy acquisition costs ("DAC") are subject to
recoverability testing at the end of each accounting period. DAC, for applicable
products, are adjusted for the impact of unrealized gains or losses on
investments as if these gains or losses had been realized, with corresponding
credits or charges included in "Accumulated other comprehensive income (loss)."
Policy acquisition costs related to interest-sensitive and variable life
products and certain investment-type products are deferred and amortized over
the expected life of the contracts (periods ranging from 25 to 30 years) in
proportion to estimated gross profits arising principally from investment
results, mortality and expense margins, and surrender charges based on
historical and anticipated future experience, which is updated periodically. The
effect of changes to estimated gross profits on unamortized DAC is reflected in
"General, administrative and other expenses" in the period such estimated gross
profits are revised. DAC related to non-participating term insurance are
amortized over the expected life of the contracts in proportion to premium
income.
The Company and Prudential Insurance have offered programs under which
policyholders, for a selected product or group of products, can exchange an
existing policy or contract issued by the Company or Prudential Insurance for
another form of policy or contract. These transactions are known as internal
replacements. If the terms of the new policies are not substantially similar to
those of the former policy, the unamortized DAC on the surrendered policies is
immediately charged to expense. If the new policies have terms that are
substantially similar to those of the earlier policies, the DAC is retained with
respect to the new policies and amortized over the life of the new policies.
Reinsurance recoverables and payables
Reinsurance recoverables and payables include receivables and corresponding
payables associated with reinsurance arrangements with affiliates. See Note 13
for additional information about these arrangements.
Separate account assets and liabilities
Separate account assets and liabilities are reported at fair value and represent
segregated funds which are invested for certain policyholders, pension funds and
other customers. The assets consist of common stocks, fixed maturities, real
estate related investments, real estate mortgage loans and short-term
investments. The assets of each account are legally segregated and are generally
not subject to claims that arise out of any other business of the Company.
Investment risks associated with market value changes are borne by the
customers, except to the extent of minimum guarantees made by the Company with
respect to certain accounts. See Note 8 for additional information regarding
separate account arrangements with contractual guarantees. The investment income
and gains or losses for separate accounts generally accrue to the policyholders
and are not included in the Statements of Operations. Mortality, policy
administration and surrender charges assessed against the accounts are included
in "Policy charges and fee income." Asset management fees charged to the
accounts are included in "Asset management fees."
F-9
Pruco Life Insurance Company of New Jersey
Notes to Financial Statements
- --------------------------------------------------------------------------------
2. SUMMARY OF SIGNIFICANT ACCOUNTING POLICIES (continued)
Other assets and other liabilities
The Company provides sales inducements to contractholders, which primarily
include an up-front bonus added to the contractholder's initial deposit for
certain annuity contracts. These costs are deferred and recognized on the
statement of financial position in other assets. They are amortized using the
same methodology and assumptions used to amortized deferred policy acquisition
costs. The amortization expense is included as a component of interest credited
to policyholders' account balances. As of December 31, 2004 and 2003, deferred
sales inducement costs included in other assets were $11 million and $8 million,
respectively.
Other assets consist primarily of reinsurance recoverables, premiums due,
deferred sales inducement costs, certain restricted assets, and receivables
resulting from sales of securities that had not yet settled at the balance sheet
date. Other liabilities consist primarily of accrued expenses, technical
overdrafts, and payables resulting from purchases of securities that had not yet
been settled at the balance sheet date.
Policyholders' Account Balances
The Company's liability for policyholders' account balances represents the
contract value that has accrued to the benefit of the policyholder as of the
balance sheet date. This liability is generally equal to the accumulated account
deposits plus interest credited less policyholder withdrawals and other charges
assessed against the account balance. These policyholders' account balances also
include provision for benefits under non-life contingent payout annuities.
Future Policy Benefits
The Company's liability for future policy benefits is primarily comprised of the
present value of estimated future payments to or on behalf of policyholders,
where the timing and amount of payment depends on policyholder mortality, less
the present value of future net premiums. For life insurance, expected mortality
is generally based on the Company's historical experience or standard industry
tables. Interest rate assumptions are based on factors such as market conditions
and expected investment returns. Although mortality and interest rate
assumptions are "locked-in" upon the issuance of new insurance or annuity
business with fixed and guaranteed terms, significant changes in experience or
assumptions may require us to provide for expected future losses on a product by
establishing premium deficiency reserves. The Company's liability for future
policy benefits is also inclusive of liabilities for guarantee benefits related
to certain non-traditional long duration life and annuity contracts, which are
discussed more fully in Note 8.
Unpaid Claims
Unpaid claims include estimates of claims that the Company believes have been
incurred, but have not yet been reported ("IBNR") as of the balance sheet date.
Consistent with industry accounting practice, we do not establish loss reserves
until a loss has occurred. These IBNR estimates, and estimates of the amounts of
loss we will ultimately incur on reported claims, which are based in part on our
historical experience, are regularly adjusted to reflect actual claims
experience. When actual experience differs from our previous estimate, the
resulting difference will be included in our reported results for the period of
the change in estimate in the "Policyholders' benefits" caption in our
statements of operations. On an ongoing basis, trends in actual experience are a
significant factor in the determination of claim reserve levels.
Contingencies
Amounts related to contingencies are accrued if it is probable that a liability
has been incurred and an amount is reasonably estimable. Management evaluates
whether there are incremental legal or other costs directly associated with the
ultimate resolution of the matter that are reasonably estimable and, if so, they
are included in the accrual.
Insurance Revenue and Expense Recognition
Premiums from life insurance policies, excluding interest-sensitive life
contracts, are recognized when due. Benefits are recorded as an expense when
they are incurred. A liability for future policy benefits is recorded when
premiums are recognized using the net level premium method.
Certain annuity contracts provide the holder a guarantee that the benefit
received upon death will be no less than a minimum prescribed amount that is
based upon a combination of net deposits to the contract, net deposits to the
contract accumulated at a specified rate or the highest historical account value
on a contract anniversary. These contracts are discussed in further detail in
Note 8. Also, as more fully discussed in Note 8, the liability for the
guaranteed minimum death benefit under these contracts is determined each period
end by estimating the accumulated value of a percentage of the total assessments
to date less the accumulated value of death benefits in excess of the account
balance.
F-10
Pruco Life Insurance Company of New Jersey
Notes to Financial Statements
- --------------------------------------------------------------------------------
2. SUMMARY OF SIGNIFICANT ACCOUNTING POLICIES (Continued)
Amounts received as payment for interest-sensitive life, deferred annuities and
guaranteed investment contracts are reported as deposits to "Policyholders'
account balances." Revenues from these contracts reflected as "Policy charges
and fee income" consist primarily of fees assessed during the period against the
policyholders' account balances for mortality charges, policy administration
charges and surrender charges. Benefits and expenses for these products include
claims in excess of related account balances, expenses of contract
administration, interest credited to policyholders' account balances and
amortization of DAC.
Premiums, benefits and expenses are stated net of reinsurance ceded to other
companies. Estimated reinsurance recoverables and the cost of reinsurance are
recognized over the life of the reinsured policies using assumptions consistent
with those used to account for the underlying policies.
Asset Management Fees
Beginning October 1, 2002, the Company receives in accordance with a servicing
agreement with Prudential Investments LLC, asset management fee income from
policyholder account balances invested in The Prudential Series Funds ("PSF").
The PSF are a portfolio of mutual fund investments related to the Company's
separate account products (see Note 13). In addition, the Company receives fees
from policyholders' account balances invested in funds managed by companies
other than Prudential Insurance. Asset management fees are recognized as income
when earned.
Derivative Financial Instruments
Derivatives are financial instruments whose values are derived from interest
rates, foreign exchange rates, financial indices, or the value of securities or
commodities. Derivative financial instruments used by the Company include swaps
and futures, and may be exchange-traded or contracted in the over-the-counter
market. Derivative positions are carried at fair value, generally by obtaining
quoted market prices or through the use of pricing models. Values can be
affected by changes in interest rates, foreign exchange rates, credit spreads,
market volatility and liquidity. Values can also be affected by changes in
estimates and assumptions used in pricing models.
Derivatives are used to manage the characteristics of the Company's
asset/liability mix, manage the interest rate and currency characteristics of
assets or liabilities. Additionally, derivatives may be used to seek to reduce
exposure to interest rate and foreign currency risks associated with assets held
or expected to be purchased or sold, and liabilities incurred or expected to be
incurred.
The Company designates derivatives as either (1) a hedge of the fair value of a
recognized asset or liability or unrecognized firm commitment ("fair value"
hedge), (2) a hedge of a forecasted transaction or the variability of cash flows
to be received or paid related to a recognized asset or liability ("cash flow"
hedge), (3) a foreign currency fair value or cash flow hedge ("foreign currency"
hedge), (4) a hedge of a net investment in a foreign operation, or (5) a
derivative entered into as an economic hedge that does not qualify for hedge
accounting. As of December 31, 2003, none of the Company's derivatives qualify
for hedge accounting treatment.
If a derivative does not qualify for hedge accounting, all changes in its fair
value, including net receipts and payments, are included in "Realized investment
gains (losses), net" without considering changes in the fair value of the
economically associated assets or liabilities.
The Company is a party to financial instruments that may contain derivative
instruments that are "embedded" in the financial instruments. At inception, the
Company assesses whether the economic characteristics of the embedded derivative
are clearly and closely related to the economic characteristics of the remaining
component of the financial instrument (i.e., the host contract) and whether a
separate instrument with the same terms as the embedded instrument would meet
the definition of a derivative instrument. When it is determined that (1) the
embedded derivative possesses economic characteristics that are not clearly and
closely related to the economic characteristics of the host contract, and (2) a
separate instrument with the same terms would qualify as a derivative
instrument, the embedded derivative is separated from the host contract, carried
at fair value, and changes in its fair value are included in "Realized
investment gains (losses), net."
Income Taxes
The Company is a member of the consolidated federal income tax return of
Prudential Financial and files separate company state and local tax returns.
Pursuant to the tax allocation arrangement with Prudential Financial, total
federal income tax expense is determined on a separate company basis. Members
with losses record tax benefits to the extent such losses are recognized in the
consolidated federal tax provision.
Deferred income taxes are recognized, based on enacted rates, when assets and
liabilities have different values for financial statement and tax reporting
purposes. A valuation allowance is recorded to reduce a deferred tax asset to
the amount expected to be realized.
F-11
Pruco Life Insurance Company of New Jersey
Notes to Financial Statements
- --------------------------------------------------------------------------------
2. SUMMARY OF SIGNIFICANT ACCOUNTING POLICIES (continued)
New Accounting Pronouncements
In March 2004, the EITF of the FASB reached a final consensus on Issue 03-1,
"The Meaning of Other-Than-Temporary Impairment and its Application to Certain
Investments." This Issue establishes impairment models for determining whether
to record impairment losses associated with investments in certain equity and
debt securities. It also requires income to be accrued on a level-yield basis
following an impairment of debt securities, where reasonable estimates of the
timing and amount of future cash flows can be made. The Company's policy is
generally to record income only as cash is received following an impairment of a
debt security. In September 2004, the FASB issued FASB Staff Position ("FSP")
EITF 03-1-1, which defers the effective date of a substantial portion of EITF
03-1, from the third quarter of 2004, as originally required by the EITF, until
such time as FASB issues further implementation guidance, which is expected
sometime in 2005. The Company will continue to monitor developments concerning
this Issue and is currently unable to estimate the potential effects of
implementing EITF 03-1 on the Company's consolidated financial position or
results of operations.
In December 2003, the FASB issued FIN No. 46(R), "Consolidation of Variable
Interest Entities," which revised the original FIN No. 46 guidance issued in
January 2003. FIN No. 46(R) addresses whether certain types of entities,
referred to as variable interest entities ("VIEs"), should be consolidated in a
company's financial statements. A VIE is an entity that either (1) has equity
investors that lack certain essential characteristics of a controlling financial
interest (including the ability to control the entity, the obligation to absorb
the entity's expected losses and the right to receive the entity's expected
residual returns) or (2) lacks sufficient equity to finance its own activities
without financial support provided by other entities, which in turn would be
expected to absorb at least some of the expected losses of the VIE. An entity
should consolidate a VIE if, as the primary beneficiary, it stands to absorb a
majority of the VIE's expected losses or to receive a majority of the VIE's
expected residual returns. On December 31, 2003, the Company adopted FIN No.
46(R) for all special purpose entities ("SPEs") and for relationships with all
VIEs that began on or after February 1, 2003. On March 31, 2004, the Company
implemented FIN No. 46(R) for relationships with potential VIEs that are not
SPEs. The transition to FIN No. 46(R) did not have a material effect on the
Company's consolidated financial position or results of operations.
In July 2003, the Accounting Standards Executive Committee ("AcSEC") of the
American Institute of Certified Public Accountants ("AICPA") issued Statement of
Position ("SOP") 03-1, "Accounting and Reporting by Insurance Enterprises for
Certain Nontraditional Long-Duration Contracts and for Separate Accounts." AcSEC
issued this SOP to address the need for interpretive guidance in three areas:
separate account presentation and valuation; the classification and valuation of
certain long-duration contract liabilities; and the accounting recognition given
sales inducements (bonus interest, bonus credits and persistency bonuses).
The effect of adopting SOP 03-1 was a charge of $.2 million, net of $.1 million
of taxes, which was reported as a "Cumulative effect of accounting change, net
of taxes" in the results of operations for the year ended December 31, 2004.
This charge reflects the net impact of converting certain individual market
value adjusted annuity contracts from separate account accounting treatment to
general account accounting treatment, including carrying the related liabilities
at accreted value, and the effect of establishing reserves for guaranteed
minimum death benefit provisions of the Company's variable annuity and variable
life contracts. The Company also recognized a cumulative effect of accounting
change related to unrealized investment gains within "Other comprehensive
income, net of taxes" of $.5 million, net of $.3 million of taxes, for the year
ended December 31, 2004. Upon adoption of SOP 03-1, approximately $40 million in
"Separate account assets" were reclassified resulting in an increase in "Fixed
maturities, available for sale", as well as changes in other non-separate
account assets. Similarly, upon adoption, approximately $40 million in "Separate
account liabilities" were reclassified resulting in increases in "Policyholders'
account balances" as well as changes in other non-separate account liabilities.
In June 2004, the FASB issued FSP No. 97-1, "Situations in Which Paragraphs
17(b) and 20 of FASB Statement No. 97, Accounting and Reporting by Insurance
Enterprises for Certain Long-Duration Contracts and for Realized Gains and
Losses from the Sale of Investments, Permit or Require Accrual of an Unearned
Revenue Liability." FSP 97-1 clarifies the accounting for unearned revenue
liabilities of certain universal-life type contracts under SOP 03-1. The
Company's adoption of FSP 97-1 on July 1, 2004 did not change the accounting for
unearned revenue liabilities and, therefore, had no impact on the Company's
consolidated financial position or results of operations. In September 2004, the
AICPA SOP 03-1 Implementation Task Force issued a Technical Practice Aid ("TPA")
to clarify certain aspects of SOP 03-1. The implementation of this TPA during
the third quarter of 2004 had no impact on the Company's consolidated financial
position or results of operations.
F-12
Pruco Life Insurance Company of New Jersey
Notes to Financial Statements
- --------------------------------------------------------------------------------
2. SUMMARY OF SIGNIFICANT ACCOUNTING POLICIES (continued)
In April 2003, the FASB issued Statement No. 133 Implementation Issue No. B36,
"Embedded Derivatives: Modified Coinsurance Arrangements and Debt Instruments
That Incorporate Credit Risk Exposures That Are Unrelated or Only Partially
Related to the Creditworthiness of the Obligor Under Those Instruments."
Implementation Issue No. B36 indicates that a modified coinsurance arrangement
("modco"), in which funds are withheld by the ceding insurer and a return on
those withheld funds is paid based on the ceding company's return on certain of
its investments, generally contains an embedded derivative feature that is not
clearly and closely related to the host contract and should be bifurcated in
accordance with the provisions of SFAS No. 133, "Accounting for Derivative
Instruments and Hedging Activities." Effective October 1, 2003, the Company
adopted the guidance prospectively for existing contracts and all future
transactions. As permitted by SFAS No. 133, all contracts entered into prior to
January 1, 1999, were grandfathered and are exempt from the provisions of SFAS
No. 133 that relate to embedded derivatives. The application of Implementation
Issue No. B36 in 2003 had no impact on the consolidated financial position or
results of operations of the Company.
In May 2003, the FASB issued SFAS No. 150, "Accounting for Certain Financial
Instruments with Characteristics of both Liabilities and Equity." SFAS No. 150
generally applies to instruments that are mandatorily redeemable, that represent
obligations that will be settled with a variable number of company shares, or
that represent an obligation to purchase a fixed number of company shares. For
instruments within its scope, the statement requires classification as a
liability with initial measurement at fair value. Subsequent measurement depends
upon the certainty of the terms of the settlement (such as amount and timing)
and whether the obligation will be settled by a transfer of assets or by
issuance of a fixed or variable number of equity shares. The Company's adoption
of SFAS No. 150, as of July 1, 2003, did not have a material effect on the
Company's consolidated financial position or results of operations.
In July 2002, the FASB issued SFAS No. 146, "Accounting for Costs Associated
with Exit or Disposal Activities." SFAS No. 146 requires that a liability for
costs associated with an exit or disposal activity be recognized and measured
initially at fair value only when the liability is incurred. Prior to the
adoption of SFAS No. 146, such amounts were recorded upon the Company's
commitment to a restructuring plan. The Company has adopted this statement for
applicable transactions occurring on or after January 1, 2003.
In November 2002, the FASB issued FIN No. 45, "Guarantor's Accounting and
Disclosure Requirements for Guarantees, Including Indirect Guarantees of
Indebtedness of Others." FIN No. 45 expands existing accounting guidance and
disclosure requirements for certain guarantees and requires the recognition of a
liability for the fair value of certain types of guarantees issued or modified
after December 31, 2002. The January 1, 2003 adoption of the Interpretation's
guidance did not have a material effect on the Company's financial position.
Reclassifications
Certain amounts in the prior years have been reclassified to conform to the
current year presentation.
F-13
Pruco Life Insurance Company of New Jersey
Notes to Financial Statements
- --------------------------------------------------------------------------------
3. INVESTMENTS
Fixed Maturities
The following tables provide additional information relating to fixed maturities
as of December 31:
2004
-------------------------------------------------
Gross Gross
Amortized Unrealized Unrealized Fair
Cost Gains Losses Value
---------- ---------- ---------- ----------
(in thousands)
Fixed maturities available for sale
U.S. Treasury securities and obligations of
U.S. Government corporations and agencies $ 40,178 $ 527 $ 94 $ 40,611
Foreign government bonds -- -- -- --
Corporate securities 795,984 30,808 1,788 825,004
Mortgage-backed securities 38,038 200 168 38,070
---------- ---------- ---------- ----------
Total fixed maturities, available for sale $ 874,200 $ 31,535 $ 2,050 $ 903,685
========== ========== ========== ==========
2003
-------------------------------------------------
Gross Gross
Amortized Unrealized Unrealized Fair
Cost Gains Losses Value
---------- ---------- ---------- ----------
(in thousands)
Fixed maturities available for sale
U.S. Treasury securities and obligations of
U.S. Government corporations and agencies $ 31,909 $ 668 $ -- $ 32,577
Foreign government bonds 1,024 174 -- 1,198
Corporate securities 699,928 36,179 964 735,143
Mortgage-backed securities 13,509 258 -- 13,767
---------- ---------- ---------- ----------
Total fixed maturities, available for sale $ 746,370 $ 37,279 $ 964 $ 782,685
========== ========== ========== ==========
F-14
Pruco Life Insurance Company of New Jersey
Notes to Financial Statements
- --------------------------------------------------------------------------------
3. INVESTMENTS (continued)
The amortized cost and estimated fair value of fixed maturities, by contractual
maturities at December 31, 2003, is shown below:
Available for Sale
---------------------
Amortized Fair
Cost Value
--------- ---------
(in thousands)
Due in one year or less $ 56,439 $ 56,990
Due after one year through five
years 437,557 450,027
Due after five years through ten
years 271,044 283,460
Due after ten years 71,122 75,138
Mortgage-backed securities 38,038 38,070
--------- ---------
Total $ 874,200 $ 903,685
========= =========
Actual maturities may differ from contractual maturities because issuers have
the right to call or prepay obligations.
Proceeds from the sale of fixed maturities available for sale during 2004, 2003,
and 2002 were $394 million, $275 million, and $262 million, respectively. Gross
gains of $6 million, $2 million, and $5 million, and gross losses of $4 million,
$2 million, and $9 million were realized on those sales during 2004, 2003, and
2002, respectively. Proceeds from maturities of fixed maturities available for
sale during 2004, 2003, and 2002 were $56 million, and $39 million, and $9
million, respectively.
Writedowns for impairments that were deemed to be other than temporary for fixed
maturities were $0 million, $2.0 million, and $9 million for the years 2004,
2003 and 2002, respectively.
Investment Income and Investment Gains and Losses
Net investment income arose from the following sources for the years ended
December 31:
2004 2003 2002
-------- -------- --------
(in thousands)
Fixed maturities, available for sale $ 44,375 $ 36,587 $ 35,078
Policy loans 8,443 8,463 8,715
Short-term investments and cash equivalents 1,733 1,430 1,852
Other 272 535 932
-------- -------- --------
Gross investment income 54,823 47,015 46,577
Less investment expenses (2,324) (1,867) (1,765)
-------- -------- --------
Net investment income $ 52,499 $ 45,148 $ 44,812
======== ======== ========
F-15
Pruco Life Insurance Company of New Jersey
Notes to Financial Statements
- --------------------------------------------------------------------------------
3. INVESTMENTS (continued)
Realized investment losses, net, including charges for other than temporary
reductions in value, for the years ended December 31, were from the following
sources:
2004 2003 2002
------- ------- --------
(in thousands)
Fixed maturities, available for sale $ 2,024 $(1,123) $(12,690)
Derivatives and other (139) 285 (1,514)
------- ------- --------
Realized investment losses, net $ 1,885 $ (838) $(14,204)
==============================
Duration of Gross Unrealized Loss Positions for Fixed Maturities
The following table shows the fair value and gross unrealized losses aggregated
by investment category and length of time that individual fixed maturity
securities have been in a continuous unrealized loss position, as of December
31, 2003:
Less than twelve Twelve months or
months more Total
------------------------- ------------------------- -------------------------
Fair Unrealized Fair Unrealized Fair Unrealized
Value Losses Value Losses Value Losses
----------- ----------- ----------- ----------- ----------- -----------
(in thousands)
Fixed maturities, available for sale:
U.S. Treasury securities and obligations
of U.S. government corporations and agencies $ 23,744 $ 94 $ -- $ -- $ 23,744 $ 94
Corporate securities 208,780 1,721 3,606 67 212,386 1,788
Mortgage-backed securities 25,005 168 -- -- 25,005 168
----------- ----------- ----------- ----------- ----------- -----------
Total $ 257,529 $ 1,983 $ 3,606 $ 67 $ 261,135 $ 2,050
=========== =========== =========== =========== =========== ===========
As of December 31, 2004, gross unrealized losses on fixed maturities totaled
approximately $2 million comprising 99 issuers. Of this amount, there was $2
million in the less than twelve months category comprising 95 issuers and $0.1
million in the greater than twelve months category comprising 4 issuers. There
were no individual issuers with gross unrealized losses greater than $0.1
million. The $2 million loss of gross unrealized losses is comprised of
investment grade securities. The $0.1 million of gross unrealized losses of
twelve months or more were concentrated in the finance sector. Based on a review
of the above information in conjunction with other factors as outlined in our
policy surrounding other than temporary impairments (see Note 2), we have
concluded that an adjustment for other than temporary impairments is not
warranted at December 31, 2004.
Securities Pledged, Restricted Assets and Special Deposits
The Company pledges investment securities it owns to unaffiliated parties
through certain transactions including securities lending, securities sold under
agreements to repurchase, and futures contracts. At December 31, 2004 and 2003,
the carrying values of fixed maturities available for sale pledged to third
parties as reported in the Statements of Financial Position were $96 million and
$91 million, respectively.
Fixed maturities of $0.5 million at December 31, 2004 and 2003 were on deposit
with governmental authorities or trustees as required by certain insurance laws.
F-16
Pruco Life Insurance Company of New Jersey
Notes to Financial Statements
- --------------------------------------------------------------------------------
3. INVESTMENTS (continued)
Net Unrealized Investment Gains (Losses)
Net unrealized investment gains on fixed maturities available for sale are
included in the Statements of Financial Position as a component of "Accumulated
other comprehensive income." Changes in these amounts include adjustments to
exclude from "Other comprehensive income (loss)" those items that are included
as part of "net income" for a period that also had been part of "Other
comprehensive income (loss)" in earlier periods. The amounts for the years ended
December 31, net of tax, are as follows:
Accumulated other
Comprehensive
Income (Loss)
Deferred Deferred Related to Net
Net Unrealized policy Policyholders' Income Tax Unrealized
Gains (Losses) Acquisition Account (Liability) Investment
on Investments Costs Balances Benefit Gains (Losses)
-------------- ---------- -------------- ----------- -----------------
(in thousands)
Balance, January 1, 2002 $ 11,738 $ (7,134) $ 1,214 $ (2,094) $ 3,724
Net investment gains on investments
arising during the period 3,607 -- -- (1,299) 2,308
Reclassification adjustment for losses
included in net income 12,690 -- -- (4,568) 8,122
Impact of net unrealized investment
gains on deferred policy acquisition costs -- (9,128) 3,286 (5,842)
Impact of net unrealized investment gains on
policyholders' account balances 2,161 (778) 1,383
---------- ---------- ---------- ---------- ----------
Balance, December 31, 2002 28,035 (16,262) 3,375 (5,453) 9,695
Net investment gains on investments
arising during the period 7,160 -- -- (2,577) 4,583
Reclassification adjustment for losses
included in net income 1,123 -- -- (404) 719
Impact of net unrealized investment
gains on deferred policy acquisition costs -- (3,662) 1,318 (2,344)
Impact of net unrealized investment gains on
policyholders' account balances -- -- 821 (296) 525
---------- ---------- ---------- ---------- ----------
Balance, December 31, 2003 36,318 (19,924) 4,196 (7,412) 13,178
Net investment gains on investments
arising during the period (4,798) 2,043 (2,755)
Reclassification adjustment for losses
included in net income (2,024) 708 (1,316)
Impact of net unrealized investment gains on
deferred policy acquisition costs 8,075 (3,026) 5,049
Impact of net unrealized investment
gains on policyholders' account balances (1,465) 555 (910)
---------- ---------- ---------- ---------- ----------
Balance, December 31, 2004 $ 29,496 $ (11,849) $ 2,731 $ (7,132) $ 13,246
========== ========== ========== ========== ==========
F-17
Pruco Life Insurance Company of New Jersey
Notes to Financial Statements
- --------------------------------------------------------------------------------
4. DEFERRED POLICY ACQUISITION COSTS
The balance of and changes in deferred policy acquisition costs for the year
ended December 31, are as follows:
2004 2003 2002
--------- --------- ---------
(in thousands)
Balance, beginning of year $ 176,529 $ 137,053 $ 118,975
Capitalization of commissions, sales and issue 21,374 60,669 51,974
expenses
Amortization (23,147) (17,531) (24,768)
Change in unrealized investment gains 8,463 (3,662) (9,128)
--------- --------- ---------
Balance, end of year $ 183,219 $ 176,529 $ 137,053
========= ========= =========
Deferred acquisition costs in 2004 include reductions in capitalization and
amortization related to the reinsurance expense allowances resulting from the
coinsurance treaty with Prudential Arizona Reinsurance Captive Company or,
"PARCC," discussed in Note 13 below. Ceded capitalization and amortization
relating to this treaty included in the above table amounted to $37 million and
$3 million, respectively, in 2004.
5. POLICYHOLDERS' LIABILITIES
Future policy benefits at December 31 are as follows:
2004 2003
-------- --------
(in thousands)
Life insurance $183,736 $154,410
Individual Annuities 5,937 4,342
-------- --------
Total future policy benefits $189,673 $158,752
======== ========
Life insurance liabilities include reserves for death benefits and other policy
benefits. Annuity liabilities include reserves for annuities that are in payout
status.
Future policy benefits for life insurance are based on the net level premium
method, calculated using the guaranteed mortality and nonforfeiture rates, which
range from 2.50% to 7.50%.
Future policy benefits for individual annuities are equal to the aggregate of 1)
the present value of expected future payments on the basis of actuarial
assumptions established at issue, and 2) any premium deficiency reserves.
Assumptions as to mortality are based on the Company's experience when the basis
of the reserve is established. The interest rates used in the determination of
the individual annuities reserves range from 4.75% to 8.75%, with less than 10%
of the reserves based on an interest rate in excess of 8%.
Policyholders' account balances at December 31 are as follows:
2004 2003
-------- --------
(in thousands)
Interest-sensitive life contracts $432,460 $390,044
Individual annuities 363,961 285,779
-------- --------
Total policyholders' account balances $796,421 $675,823
======== ========
Policyholders' account balances for interest-sensitive life and individual
annuities represent an accumulation of account deposits plus credited interest
less withdrawals, expenses and mortality charges, if applicable. Interest
crediting rates range from 2.97% to 5.90% for interest-sensitive life contracts.
Interest crediting rates for individual annuities range from 1.50% to 11.00%.
F-18
Pruco Life Insurance Company of New Jersey
Notes to Financial Statements
- --------------------------------------------------------------------------------
6. REINSURANCE
The Company participates in reinsurance with Prudential Insurance, PARCC and
other companies, in order to provide greater diversification of business,
provide additional capacity for future growth and limit the maximum net loss
potential arising from large risks. Life reinsurance is accomplished through
various plans of reinsurance, primarily yearly renewable term and coinsurance.
Reinsurance ceded arrangements do not discharge the Company as the primary
insurer. Ceded balances would represent a liability of the Company in the event
the reinsurers were unable to meet their obligations to the Company under the
terms of the reinsurance agreements. The likelihood of a material reinsurance
liability reassumed by the Company is considered to be remote.
Reinsurance premiums, commissions, expense reimbursements, benefits and reserves
related to reinsured long-duration contracts are accounted for over the life of
the underlying reinsured contracts using assumptions consistent with those used
to account for the underlying contracts. Amounts recoverable from reinsurers,
for both long and short duration reinsurance arrangements, are estimated in a
manner consistent with the claim liabilities and policy benefits associated with
the reinsured policies.
Reinsurance amounts included in the Statement of Operations and Comprehensive
Income for the years ended December 31 are below.
2004 2003 2002
--------- --------- ---------
(in thousands)
Direct premiums and policy charges and fee income $ 147,511 $ 119,381 $ 104,180
Reinsurance ceded (37,817) (11,180) (5,415)
--------- --------- ---------
Premiums and policy charges and fee income $ 109,694 $ 108,201 $ 98,765
Policyholders' benefits ceded $ 20,028 $ 11,223 $ 12,929
--------- --------- ---------
Reinsurance premiums ceded for interest-sensitive life products is accounted for
as a reduction of policy charges and fee income. Reinsurance ceded for term
insurance products is accounted for as a reduction of premiums.
Reinsurance recoverables, included in the Company's Statements of Financial
Position, at December 31, 2004 and 2003 were $67 million and $18 million,
respectively.
During 2004, the Company entered into reinsurance contracts with affiliates
covering the entire life in force. As a result, all reinsurance contracts are
with affiliates as of December 31, 2004. These contracts are described further
in Note 13, below.
The gross and net amounts of life insurance in force at December 31, were as
follows:
2004 2003 2002
------------ ------------ ------------
(in thousands)
Life insurance face amount in force $ 42,903,082 $ 31,868,113 $ 21,119,708
Ceded to other companies (37,708,317) (17,782,119) (9,866,510)
------------ ------------ ------------
Net amount of life insurance in force $ 5,194,765 $ 14,085,994 $ 11,253,198
============ ============ ============
F-19
Pruco Life Insurance Company of New Jersey
Notes to Financial Statements
- --------------------------------------------------------------------------------
7. INCOME TAXES
The components of income taxes for the years ended December 31, are as follows:
2004 2003 2002
-------- -------- --------
(in thousands)
Current tax (benefit) expense:
U.S $ 14,639 $(15,103) $ (8,975)
State and local (55) -- 258
-------- -------- --------
Total 14,584 (15,103) (8,717)
-------- -------- --------
Deferred tax expense (benefit):
U.S (2,640) 23,735 3,918
State and local (1,576) 302 (360)
-------- -------- --------
Total (4,216) 24,037 3,558
-------- -------- --------
Total income tax expense (benefit) $ 10,368 $ 8,934 $ (5,159)
======== ======== ========
The income tax expense for the years ended December 31, differs from the amount
computed by applying the expected federal income tax rate of 35% to income from
operations before income taxes and cumulative effect of accounting change for
the following reasons:
2004 2003 2002
-------- -------- --------
(in thousands)
Expected federal income tax expense $ 12,589 $ 10,343 $ 3,573
State and local income taxes (1,060) 197 (66)
Non taxable investment income (1,240) (2,583) (8,505)
Other 79 977 (161)
-------- -------- --------
Total income tax expense (benefit) $ 10,368 $ 8,934 $ (5,159)
======== ======== ========
Deferred tax assets and liabilities at December 31, resulted from the items
listed in the following table:
2004 2003
------- -------
(in thousands)
Deferred tax assets
Net operating loss $ -- $ 1,074
Investments 1,661 1,673
Other 841 204
------- -------
Deferred tax assets 2,502 2,951
------- -------
Deferred tax liabilities
Insurance reserves $ 3,249 $ 7,420
Deferred acquisition costs 46,936 48,271
Net unrealized gains on securities 10,324 13,075
Other 3,209 --
------- -------
Deferred tax liabilities 63,718 68,766
------- -------
Net deferred tax liability $61,216 $65,815
======= =======
Management believes that based on its historical pattern of taxable income, the
Company will produce sufficient income in the future to realize its deferred tax
assets after valuation allowance. Adjustments to the valuation allowance will be
made if there is a change in management's assessment of the amount of the
deferred tax asset that is realizable. At December 31, 2003 the Company had
state operating loss carryforwards of $70 million.
F-20
Pruco Life Insurance Company of New Jersey
Notes to Financial Statements
- --------------------------------------------------------------------------------
7. INCOME TAXES (continued)
The Internal Revenue Service (the "Service") has completed all examinations of
the consolidated federal income tax returns through 1996. Tax years 1997 through
2001 are currently under examination. Management believes sufficient provisions
have been made for potential adjustments.
8. CERTAIN NONTRADITIONAL LONG-DURATION CONTRACTS
The Company issues traditional variable annuity contracts through its separate
accounts for which investment income and investment gains and losses accrue
directly to, and investment risk is borne by, the contractholder. The Company
also issues variable annuity contracts with general and separate account options
where the Company contractually guarantees to the contractholder a return of no
less than (a) total deposits made to the contract less any partial withdrawals
("return of net deposits"), (b) total deposits made to the contract less any
partial withdrawals plus a minimum return ("minimum return"), or (c) the highest
contract value on a specified anniversary date minus any withdrawals following
the contract anniversary ("anniversary contract value"). These guarantees
include benefits that are payable in the event of death or annuitization.
The Company also issues annuity contracts with market value adjusted investment
options ("MVAs"), which provide for a return of principal plus a fixed rate of
return if held to maturity, or, alternatively, a "market adjusted value" if
surrendered prior to maturity. The market value adjustment may result in a gain
or loss to the Company, depending on crediting rates or an indexed rate at
surrender, as applicable.
In addition, the Company issues variable life, variable universal life and
universal life contracts where the Company contractually guarantees to the
contractholder a death benefit even when there is insufficient value to cover
monthly mortality and expense charges, whereas otherwise the contract would
typically lapse ("no lapse guarantee"). Variable life and variable universal
life contracts are offered with general and separate account options.
The assets supporting the variable portion of both traditional variable
annuities and certain variable contracts with guarantees are carried at fair
value and reported as "Separate account assets" with an equivalent amount
reported as "Separate account liabilities." Amounts assessed against the
contractholders for mortality, administration, and other services are included
within revenue in "Policy charges and fee income" and changes in liabilities for
minimum guarantees are generally included in "Policyholders' benefits." In 2004
there were no gains or losses on transfers of assets from the general account to
a separate account.
For those guarantees of benefits that are payable in the event of death, the net
amount at risk is generally defined as the current guaranteed minimum death
benefit in excess of the current account balance at the balance sheet date. For
guarantees of benefits that are payable at annuitization, the net amount at risk
is generally defined as the present value of the minimum guaranteed annuity
payments available to the contractholder determined in accordance with the terms
of the contract in excess of the current account balance. The Company's
contracts with guarantees may offer more than one type of guarantee in each
contract; therefore, the amounts listed may not be mutually exclusive.
F-21
Pruco Life Insurance Company of New Jersey
Notes to Financial Statements
- --------------------------------------------------------------------------------
8. CERTAIN NONTRADITIONAL LONG-DURATION CONTRACTS (continued)
As of December 31, 2004, the Company had the following guarantees associated
with these contracts, by product and guarantee type:
December 31, 2004
--------------------------------------------
In the Event of At Annuitization /
Death Accumulation
--------------------------------------------
Variable Annuity Contracts (dollars in thousands)
Return of Net Deposits
Account value $ 253,843 N/A
Net amount at risk $ 395 N/A
Average attained age of contractholders 61 years N/A
Minimum return or anniversary contract value
Account value $ 743,506 $68,612
Net amount at risk $ 67,040 $0
Average attained age of contractholders 63 years 56
Average period remaining until earliest expected N/A 6.5 years
annuitization
Unadjusted Value Adjusted Value
Market value adjusted annuities
------------------- ---------------------
Account value $34,053 $35,885
December 31, 2004
----------------------
In the Event of
Death
----------------------
Variable Life, Variable Universal Life and Universal Life (dollars in thousands)
Contracts
No Lapse Guarantees
Separate account value $ 417,967
General account value $ 65,494
Net amount at risk $5,329,909
Average attained age of contractholders 42 years
Account balances of variable annuity contracts with guarantees were invested in
separate account investment options as follows:
December 31, 2004
------------------
(in thousands)
Equity funds .................................. $552,820
Bond funds .................................... 78,373
Balanced funds ................................ 21,584
Money market funds ............................ 23,605
Specialty funds ............................... 81
--------
Total .................................... $676,463
========
F-22
Pruco Life Insurance Company of New Jersey
Notes to Financial Statements
- --------------------------------------------------------------------------------
8. CERTAIN NONTRADITIONAL LONG-DURATION CONTRACTS (continued)
The total amount of funds invested in separate account investment options for
variable life, variable universal life and universal life contracts with
guarantees was $418 million at December 31, 2004.
In addition to the above mentioned amounts invested in separate account
investment options, $321 million of account balances of variable annuity
contracts with guarantees (inclusive of contracts with MVA features) were
invested in general account investment options.
Liabilities For Guarantee Benefits
The table below summarizes the changes in general account liabilities for
guarantees on variable contracts. The liabilities for guaranteed minimum death
benefits ("GMDB") and guaranteed minimum income benefits ("GMIB") are included
in "Future policy benefits" and the related changes in the liabilities are
included in "Policyholders' benefits."
Guaranteed Minimum
Death Benefit (GMDB)
--------------------
(in thousands)
Balance as of January 1, 2004 ...... $ 1,633
Incurred guarantee benefits ...... 762
Paid guarantee benefits .......... (1,154)
-------
Balance as of December 31, 2004 .... $ 1,241
=======
The GMDB liability is determined each period end by estimating the accumulated
value of a percentage of the total assessments to date less the accumulated
value of the death benefits in excess of the account balance. The percentage of
assessments used is chosen such that, at issue, the present value of expected
death benefits in excess of the projected account balance and the percentage of
the present value of total expected assessments over the lifetime of the
contracts are equal. The Company regularly evaluates the estimates used and
adjusts the GMDB liability balance, with a related charge or credit to earnings,
if actual experience or other evidence suggests that earlier assumptions should
be revised.
The present value of death benefits in excess of the projected account balance
and the present value of total expected assessments for GMDB's were determined
over a reasonable range of stochastically generated scenarios. For variable
annuities and variable universal life, 5,000 scenarios were stochastically
generated and, from these, 200 scenarios were selected using a sampling
technique. For variable life, various scenarios covering a reasonable range were
weighted based on a statistical lognormal model. For universal life, 10,000
scenarios were stochastically generated and, from these, 100 were selected.
Sales Inducements
The Company defers sales inducements and amortizes them over the anticipated
life of the policy using the same methodology and assumptions used to amortize
deferred policy acquisition costs. These deferred sales inducements are included
in "Other assets." The Company offers various types of sales inducements. These
inducements include: (i) a bonus whereby the policyholder's initial account
balance is increased by an amount equal to a specified percentage of the
customer's initial deposit and (ii) additional interest credits after a certain
number of years a contract is held. Changes in deferred sales inducements are as
follows:
Sales Inducements
-----------------
(in thousands)
Balance as of January 1, 2004 ...... $ 7,879
Capitalization ................... 4,461
Amortization ..................... (1,225)
--------
Balance as of December 31, 2004 .... $ 11,115
========
F-23
Pruco Life Insurance Company of New Jersey
Notes to Financial Statements
- --------------------------------------------------------------------------------
9. STATUTORY NET INCOME AND SURPLUS AND DIVIDEND RESTRICTIONS
The Company is required to prepare statutory financial statements in accordance
with accounting practices prescribed or permitted by the New Jersey Department
of Banking and Insurance. Statutory accounting practices primarily differ from
GAAP by charging policy acquisition costs to expense as incurred, establishing
future policy benefit liabilities using different actuarial assumptions and
valuing investments, deferred taxes, and certain assets on a different basis.
Statutory net income (loss) of the Company amounted to $57 million, $(60)
million, and $(45) million for the years ended December 31, 2004, 2003 and 2002,
respectively. Statutory surplus of the Company amounted to $148 million and $90
million at December 31, 2004 and 2003, respectively. The statutory losses in
2003, and 2002 were primarily attributed to the surplus strain from new
business, which results from higher commissions and selling expenses, which are
not deferred under statutory accounting, and from increases to reserves. During
2004, the Company obtained reinsurance on the term life business from a captive
affiliate, mitigating the surplus strain on that business. The agreement is
discussed further in Note 13.
In March 1998, the NAIC adopted the Codification of Statutory Accounting
Principles guidance or, "Codification," which replaced the current Accounting
Practices and Procedures manual as the NAIC's primary guidance on statutory
accounting as of January 1, 2001. Codification provided guidance for areas where
statutory accounting had been silent and changed current statutory accounting in
certain areas. The Company adopted the Codification guidance effective January
1, 2001. As a result of these changes, the Company reported an increase to
statutory surplus of $7 million, primarily relating to the recognition of
deferred tax assets.
The Company is subject to New Jersey law. The maximum amount of dividends, which
can be paid by State of New Jersey insurance companies to shareholders without
prior approval of the Insurance Commissioner, is subject to
N.J.S.A.17:27A-4.c(2)(b). There have been no dividend payments to the Company's
parent in 2004, 2003 or 2002. However, the Company received a $40 million
capital contribution from its Parent during 2003.
10. FAIR VALUE OF FINANCIAL INSTRUMENTS
The fair values presented below have been determined by using available market
information and by applying valuation methodologies. Considerable judgment is
applied in interpreting data to develop the estimates of fair value. These fair
values may not be realized in a current market exchange. The use of different
market assumptions and/or estimation methodologies could have a material effect
on the fair values. The methods and assumptions discussed below were used in
calculating the fair values of the instruments. See Note 11 for a discussion of
derivative instruments.
Fixed maturities
The fair values of public fixed maturity securities are based on quoted market
prices or estimates from independent pricing services. However, for investments
in private placement fixed maturity securities, this information is not
available. For these private investments, the fair value is determined typically
by using a discounted cash flow model, which considers current market credit
spreads for publicly traded issues with similar terms by companies of comparable
credit quality, and an additional spread component for the reduced liquidity
associated with private placements. This additional spread component is
determined based on surveys of various third party financial institutions.
Historically, changes in estimated future cash flows or the assessment of an
issuer's credit quality have been the more significant factors in determining
fair values.
Policy loans
The fair value of policy loans is calculated using a discounted cash flow model
based upon current U.S. Treasury rates and historical loan repayment patterns.
Investment contracts
For individual deferred annuities and other deposit liabilities, fair value
approximates carrying value.
Derivative financial instruments
See note 11 for disclosure of fair value on these instruments.
F-24
Pruco Life Insurance Company of New Jersey
Notes to Financial Statements
- --------------------------------------------------------------------------------
10. FAIR VALUE OF FINANCIAL INSTRUMENTS (continued)
The following table discloses the carrying amounts and fair values of the
Company's financial instruments at December 31:
2004 2003
-------------------------- --------------------------
Carrying Carrying
Value Fair Value Value Fair Value
---------- ---------- ---------- ----------
(in thousands)
Financial assets:
Fixed maturities, available for sale $ 903,685 $ 903,685 $ 782,685 $ 782,685
Policy loans 153,359 175,090 154,659 179,308
Short-term investments 44,549 44,549 44,571 44,571
Cash and cash equivalents 108,117 108,117 72,547 72,547
Separate account assets 2,112,866 2,112,866 1,926,301 1,926,301
Financial liabilities:
Investment contracts $ 398,615 $ 398,615 $ 312,635 $ 312,635
Cash collateral for loaned securities 74,527 74,527 78,855 78,855
Securities sold under agreementS
to repurchase 24,754 24,754 14,483 14,483
Separate account liabilities 2,112,866 2,112,866 1,926,301 1,926,301
11. DERIVATIVE INSTRUMENTS
Types of Derivative Instruments
Interest rate swaps are used by the Company to manage interest rate exposures
arising from mismatches between assets and liabilities (including duration
mismatches) and to hedge against changes in the value of assets it anticipates
acquiring and other anticipated transactions and commitments. Swaps may be
specifically attributed to specific assets or liabilities or may be based on a
portfolio basis. Under interest rate swaps, the Company agrees with other
parties to exchange, at specified intervals, the difference between fixed rate
and floating rate interest amounts calculated by reference to an agreed upon
notional principal amount. Generally, no cash is exchanged at the outset of the
contract and no principal payments are made by either party. Cash is paid or
received based on the terms of the swap. These transactions are entered into
pursuant to master agreements that provide for a single net payment to be made
by one counterparty at each due date.
Exchange-traded futures and options are used by the Company to reduce market
risks from changes in interest rates, to alter mismatches between the duration
of assets in a portfolio and the duration of liabilities supported by those
assets, and to hedge against changes in the value of securities it owns or
anticipates acquiring or selling. In exchange-traded futures transactions, the
Company agrees to purchase or sell a specified number of contracts, the values
of which are determined by the values of designated classes of securities, and
to post variation margin on a daily basis in an amount equal to the difference
in the daily market values of those contracts. The Company enters into
exchange-traded futures and options with regulated futures commissions merchants
who are members of a trading exchange.
Futures typically are used to hedge duration mismatches between assets and
liabilities. Futures move substantially in value as interest rates change and
can be used to either modify or hedge existing interest rate risk. This strategy
protects against the risk that cash flow requirements may necessitate
liquidation of investments at unfavorable prices resulting from increases in
interest rates. This strategy can be a more cost effective way of temporarily
reducing the Company's exposure to a market decline than selling fixed income
securities and purchasing a similar portfolio when such a decline is believed to
be over.
Credit Risk
The Company is exposed to credit-related losses in the event of nonperformance
by counterparties to derivative financial instruments. Generally, the current
credit exposure of the Company's derivative contracts is limited to the fair
value at the reporting date. The credit exposure of the Company's
over-the-counter derivative transactions is represented by the fair value
(market value) of contracts with a positive fair value (market value) at the
reporting date. Because exchange-traded futures and options are effected through
regulated exchanges, and positions are marked to market on a daily basis, the
Company has little exposure to credit-related losses in the event of
nonperformance by counterparties to such financial instruments.
F-25
Pruco Life Insurance Company of New Jersey
Notes to Financial Statements
- --------------------------------------------------------------------------------
11. DERIVATIVE INSTRUMENTS (continued)
The Company manages credit risk by entering into transactions with creditworthy
counterparties and obtaining collateral where appropriate and customary. In
addition, the Company enters into over-the-counter swaps pursuant to master
agreements that provide for a single net payment to be made by one counterparty
to another at each due date and upon termination. Likewise, the Company effects
exchange-traded futures and options through regulated exchanges and these
positions are marked to market on a daily basis.
12. CONTINGENCIES AND LITIGATION AND REGULATORY MATTERS
Contingencies
On an ongoing basis, our internal supervisory and control functions review the
quality of our sales, marketing and other customer interface procedures and
practices and may recommend modifications or enhancements. In certain cases, if
appropriate, we may offer customers remediation and may incur charges, including
the cost of such remediation, administrative costs and regulatory fines.
It is possible that the results of operations or the cash flow of the Company in
a particular quarterly or annual period could be materially affected as a result
of payments in connection with the matters discussed above depending, in part,
upon the results of operations or cash flow for such period. Management
believes, however, that the ultimate payments in connection with these matters
should not have a material adverse effect on the Company's financial position.
Litigation and Regulatory Proceedings
The Company is subject to legal and regulatory actions in the ordinary course of
its businesses, which may include class action lawsuits. Pending legal and
regulatory actions include proceedings relating to aspects of the businesses and
operations that are specific to the Company and that are typical of the
businesses in which the Company operates. Class action and individual lawsuits
may involve a variety of issues and/or allegations, which include sales
practices, underwriting practices, claims payment and procedures, premium
charges, policy servicing and breach of fiduciary duties to customers. We may
also be subject to litigation arising out of our general business activities,
such as our investments and third party contracts. In certain of these matters,
the plaintiffs may seek large and/or indeterminate amounts, including punitive
or exemplary damages.
The Company has received formal requests for information relating to its
variable annuity business from regulators, including, among others, the
Securities and Exchange Commission and the State of New York Attorney General's
office. As part of a broad initiative by the NAIC, the Company has received a
request for information from the New Jersey Department of Banking and Insurance
related to producer compensation and fee arrangements. It is possible that other
regulators will issue similar requests.
The Company's litigation is subject to many uncertainties, and given the
complexity and scope, the outcomes cannot be predicted. It is possible that the
results of operations or the cash flow of the Company in a particular quarterly
or annual period could be materially affected by an ultimate unfavorable
resolution of litigation and regulatory matters. Management believes, however,
that the ultimate outcome of all pending litigation and regulatory matters
should not have a material adverse effect on the Company's financial position.
13. RELATED PARTY TRANSACTIONS
The Company has extensive transactions and relationships with Prudential
Insurance and other affiliates. It is possible that the terms of these
transactions are not the same as those that would result from transactions among
wholly unrelated parties.
Expense Charges and Allocations
Many of the Company's expenses are allocations or charges from Prudential
Insurance or other affiliates. These expenses can be grouped into the following
categories: general and administrative expenses and agency distribution
expenses.
The Company's general and administrative expenses are charged to the Company
using allocation methodologies based on business processes. Management believes
that the methodology is reasonable and reflects costs incurred by Prudential
Insurance to process transactions on behalf of the Company. The Company operates
under service and lease agreements whereby services of officers and employees,
supplies, use of equipment and office space are provided by Prudential
Insurance. Beginning in 2003, general and administrative expenses include
allocations of stock compensation expenses related to a stock option program and
a deferred compensation program issued by Prudential Financial.
The Company is charged distribution expenses from Prudential Insurance's agency
network for both its domestic life and annuity products through a transfer
pricing agreement, which is intended to reflect a market based pricing
arrangement.
F-26
Pruco Life Insurance Company of New Jersey
Notes to Financial Statements
- --------------------------------------------------------------------------------
13. RELATED PARTY TRANSACTIONS (Continued)
Affiliated Asset Management Fee Income
Beginning October 1, 2002, in accordance with a servicing agreement with
Prudential Investments LLC, the Company receives fee income from policyholder
account balances invested in the Prudential Series Funds ("PSF"). These revenues
are recorded as "Asset management fees" in the Statements of Operations and
Comprehensive Income.
Corporate Owned Life Insurance
The Company has sold two Corporate Owned Life Insurance ("COLI") policies to
Prudential Insurance. The cash surrender value included in separate accounts was
$462 million and $430 million at December 31, 2004 and December 31, 2003,
respectively. Fees related to the COLI policies were $4 million, $3 million and
$7 million for the years ending December 31, 2004, 2003 and 2002, respectively.
Reinsurance with Affiliates
PARCC
In September 2004, the Company entered into an agreement to reinsure its term
life insurance with an affiliated company, PARCC. The Company reinsures with
PARCC 90 percent of the risks under such policies through an automatic and
facultative coinsurance agreement. The Company is not relieved of its primary
obligation to the policyholder as a result of these reinsurance transactions.
The coinsurance agreement with PARCC also replaces the yearly renewable term
agreements with external reinsurers that were previously in effect on this block
of business. There was no net cost associated with the initial transaction.
Reinsurance recoverables related to this agreement were $56 million as of
December 31, 2004.
Prudential Insurance
In December 2004, the Company recaptured the excess of loss reinsurance
agreement with Prudential and replaced it with a revised yearly renewable term
agreement to reinsure all risks, not otherwise reinsured. Reinsurance
recoverables related to this agreement were $8 million as of December 31, 2004.
The Company is not relieved of its primary obligation to the policyholder as a
result of these reinsurance transactions.
Affiliated premiums ceded from these life reinsurance agreements for the periods
ended December 31, 2004, 2003, and 2002 were $27 million, $1 million, and $1
million, respectively. Affiliated benefits ceded for the periods ended December
31, 2004, 2003, and 2002 from these life reinsurance agreements are $16 million
in 2004, $0 in 2003, and $8 million in 2002.
Debt Agreements
The Company and its parent, Pruco Life, have a revolving line of credit facility
of up to $800 million with Prudential Funding, LLC, a wholly owned subsidiary of
Prudential Insurance. The total of asset-based financing and borrowing under
this credit facility for the Company and its parent cannot be more than $800
million. As of December 31, 2004 and 2003, there was $99 million and $93
million, respectively, of asset-based financing. There is no outstanding debt to
Prudential Funding, LLC as of December 31, 2004 or December 31, 2003.
F-27
Pruco Life Insurance Company of New Jersey
Notes to Financial Statements
- --------------------------------------------------------------------------------
14. QUARTERLY RESULTS OF OPERATIONS (UNAUDITED)
The unaudited quarterly results of operations for the years ended December 31,
2004 and 2003 are summarized in the table below:
Three months ended
------------------------------------------------------------------
March 31 June 30 September 30 December 31
------------------------------------------------------------------
2004 (in thousands)
Total revenues $ 44,907 $ 46,297 $ 40,500 $ 39,297
Total benefits and expenses 35,106 39,646 33,536 26,746
Income from operations before income taxes
and cumulative effect of accounting change 9,801 6,651 6,964 12,551
Net income 6,912 4,774 6,432 7,297
------------------------------------------------------------------
------------------------------------------------------------------
2003 (in thousands)
Total revenues $ 35,410 $ 42,421 $ 38,893 $ 41,533
Total benefits and expenses 32,104 33,770 33,297 29,535
Income from operations before income taxes
and cumulative effect of accounting change 3,306 8,651 5,596 11,998
Net income 2,633 5,932 3,229 8,823
F-28