|
|
|
|
|
|
|
(1) Formation of Genworth and Basis of Presentation
Genworth Financial, Inc. (“Genworth”) was incorporated in Delaware on October 23, 2003. The accompanying condensed financial statements include on a consolidated basis the accounts of Genworth and our affiliate companies in which we hold a majority voting or where we are the primary beneficiary of a variable interest entity, which we refer to as the “Company,” “we,” “us” or “our” unless the context otherwise requires. All intercompany accounts and transactions have been eliminated in consolidation.
We have the following three operating segments:
• |
Retirement and Protection. We offer and manage a variety of protection, wealth management and retirement income products. Our primary protection products include: life, long-term care and Medicare supplement insurance. Additionally, we offer other senior supplemental products, as well as care coordination services for our long-term care policyholders. Our wealth management and retirement income products include: a variety of managed account programs and advisor services, financial planning services, fixed and variable deferred and immediate individual annuities and group variable annuities offered through retirement plans. |
• |
International. We are a leading provider of mortgage insurance products in Canada, Australia, Mexico and multiple European countries. Our products predominantly insure prime-based, individually underwritten residential mortgage loans, also known as flow mortgage insurance. On a limited basis, we also provide mortgage insurance on a structured, or bulk, basis that aids in the sale of mortgages to the capital markets and helps lenders manage capital and risk. Additionally, we offer services, analytical tools and technology that enable lenders to operate efficiently and manage risk. We also offer payment protection coverages in multiple European countries, Canada and Mexico. Our lifestyle protection insurance products help consumers meet specified payment obligations should they become unable to pay due to accident, illness, involuntary unemployment, disability or death. |
• |
U.S. Mortgage Insurance. In the U.S., we offer mortgage insurance products predominantly insuring prime-based, individually underwritten residential mortgage loans, also known as flow mortgage insurance. We selectively provide mortgage insurance on a structured, or bulk, basis with essentially all of our bulk writings prime-based. Additionally, we offer services, analytical tools and technology that enable lenders to operate efficiently and manage risk. |
We also have Corporate and Other activities which include debt financing expenses that are incurred at our holding company level, unallocated corporate income and expenses, eliminations of inter-segment transactions and the results of non-core businesses and non-strategic products that are managed outside of our operating segments. Our non-strategic products include our institutional and corporate-owned life insurance products. Institutional products consist of: funding agreements, funding agreements backing notes (“FABNs”) and guaranteed investment contracts (“GICs”).
The accompanying condensed consolidated financial statements are unaudited and have been prepared in accordance with U.S. generally accepted accounting principles (“U.S. GAAP”) and rules and regulations of the U.S. Securities and Exchange Commission (“SEC”). Preparing financial statements in conformity with U.S. GAAP requires us to make estimates and assumptions that affect reported amounts and related disclosures. Actual results could differ from those estimates. These condensed consolidated financial statements include all adjustments considered necessary by management to present a fair statement of the financial position, results of operations and cash flows for the periods presented. The results reported in these condensed consolidated financial statements should not be regarded as necessarily indicative of results that may be expected for the entire year. The condensed consolidated financial statements included herein should be read in conjunction with the audited consolidated financial statements and related notes contained in our 2009 Annual Report on Form 10-K. Certain prior year amounts have been reclassified to conform to the current year presentation.
|
(2) Accounting Pronouncements
Recently Adopted
Accounting for Transfers of Financial Assets
On January 1, 2010, we adopted new accounting guidance related to accounting for transfers of financial assets. This accounting guidance amends the previous guidance on transfers of financial assets by eliminating the qualifying special-purpose entity concept, providing certain conditions that must be met to qualify for sale accounting, changing the amount of gain or loss recognized on certain transfers and requiring additional disclosures. The adoption of this accounting guidance did not have a material impact on our consolidated financial statements. The elimination of the qualifying special-purpose entity concept requires that these entities be considered for consolidation as a result of the new guidance related to variable interest entities (“VIEs”) as discussed below.
Improvements to Financial Reporting by Enterprises Involved with VIEs
On January 1, 2010, we adopted new accounting guidance for determining which enterprise, if any, has a controlling financial interest in a VIE and requires additional disclosures about involvement in VIEs. Under this new accounting guidance, the primary beneficiary of a VIE is the enterprise that has the power to direct the activities of a VIE that most significantly impacts the VIE’s economic performance and has the obligation to absorb losses or receive benefits that could potentially be significant to the VIE. Upon adoption of this new accounting guidance, we were required to consolidate certain VIEs, including previously qualifying special-purpose entities and investment structures. We recorded a transition adjustment for the impact upon adoption to reflect the difference between the assets and liabilities of the newly consolidated entities and the amounts recorded for our interests in these entities prior to adoption. On January 1, 2010, we recorded a net cumulative effect adjustment of $104 million to retained earnings with a partial offset to accumulated other comprehensive income (loss) of $91 million related to the adoption of this new accounting guidance.
The assets and liabilities of the newly consolidated entities were as follows as of January 1, 2010:
(Amounts in millions) |
Carrying value (1) |
Adjustment for election of fair value option (2) |
Amounts recorded upon consolidation |
||||||||
Assets |
|||||||||||
Restricted commercial mortgage loans |
$ | 564 | $ | — | $ | 564 | |||||
Restricted other invested assets |
409 | (30 | ) | 379 | |||||||
Accrued investment income |
2 | — | 2 | ||||||||
Total assets |
975 | (30 | ) | 945 | |||||||
Liabilities |
|||||||||||
Other liabilities |
138 | — | 138 | ||||||||
Borrowings related to securitization entities |
644 | (80 | ) | 564 | |||||||
Total liabilities |
782 | (80 | ) | 702 | |||||||
Net assets and liabilities of newly consolidated entities |
$ | 193 | $ | 50 | 243 | ||||||
Less: amortized cost of fixed maturity securities previously recorded (3) |
404 | ||||||||||
Cumulative effect adjustment to retained earnings upon adoption, pre-tax |
(161 | ) | |||||||||
Tax effect |
57 | ||||||||||
Net cumulative effect adjustment to retained earnings upon adoption |
$ | (104 | ) | ||||||||
(1) |
Carrying value represents the amounts that would have been recorded in the consolidated financial statements on January 1, 2010 had we recorded the assets and liabilities in our financial statements from the date we first met the conditions for consolidation based on the criteria in the new accounting guidance. |
( 2 ) |
Amount represents the difference between book value and fair value of the investments and borrowings related to consolidated securitization entities where we have elected fair value option. |
( 3 ) |
Fixed maturity securities that were previously recorded had net unrealized investment losses of $91 million included in accumulated other comprehensive income (loss) as of December 31, 2009. |
For commercial mortgage loans, the carrying amounts represent the unpaid principal balance less any reserve. Restricted other invested assets are comprised of trading securities that are recorded at fair value. Trading securities represent asset-backed securities where we elected fair value option. Borrowings related to securitization entities are recorded at unpaid principal except for the borrowings related to entities where we elected fair value option for all assets and liabilities.
For certain entities consolidated upon adoption of the new accounting guidance on January 1, 2010, we elected fair value option to measure all assets and liabilities at current fair value with future changes in fair value being recording in income (loss). We elected fair value option for certain entities as a method to better present the offsetting changes in assets and liabilities related to third-party interests in those entities and eliminated the potential accounting mismatch between the measurement of the assets and derivatives of the entity compared to the borrowings issued by the entity. The entities where we did not elect fair value option did not have the same accounting mismatch since the assets held by the securitization entity and the borrowings of the entity were recorded at cost. See note 7 for additional information related to consolidation of VIEs.
The new accounting guidance related to consolidation of VIEs has been deferred for a reporting entity’s interest in an entity that has all of the attributes of an investment company as long as there is no implicit or explicit obligation to fund losses of the entity. For entities that meet these criteria, the new accounting guidance related to VIE consolidation would not be applicable until further guidance is issued. Accordingly, we did not have any impact upon adoption related to entities that meet the deferral criteria, such as certain limited partnership and fund investments.
Fair Value Measurements and Disclosures—Improving Disclosures about Fair Value Measurements
On January 1, 2010, we adopted new accounting guidance requiring additional disclosures for significant transfers between Level 1 and 2 fair value measurements and clarifications to existing fair value disclosures related to the level of disaggregation, inputs and valuation techniques. The adoption of this new accounting guidance did not have a material impact on our consolidated financial statements.
Not Yet Adopted
In March 2010, the Financial Accounting Standards Board (“FASB”) issued new accounting guidance clarifying the scope exception for embedded credit derivatives and when those features would be bifurcated from the host contract. Under the new accounting guidance, only embedded credit derivative features that are in the form of subordination of one financial instrument to another would not be subject to the bifurcation requirements. Accordingly, entities will be required to bifurcate any embedded credit derivative features that no longer qualify under the amended scope exception, or, for certain investments, an entity can elect fair value option and record the entire investment at fair value. This accounting guidance will be effective for us on July 1, 2010. Upon adoption, any changes in the carrying value of impacted items will be recorded directly in retained earnings. We have not yet determined the impact this accounting guidance will have on our consolidated financial statements.
In January 2010, the FASB issued new accounting guidance to require additional disclosures about purchases, sales, issuances, and settlements in the rollforward of Level 3 fair value measurements. This new accounting guidance will be effective for us on January 1, 2011. We do not expect the adoption of this new accounting guidance to have a material impact on our consolidated financial statements.
In April 2010, the FASB issued new accounting guidance on how investments held through separate accounts affect an insurer’s consolidation analysis of those investments. This new accounting guidance will be effective for us on January 1, 2011. We have not yet determined the impact this accounting guidance will have on our consolidated financial statements.
|
(4) Investments
(a) Net Investment Income
Sources of net investment income were as follows for the periods indicated:
Three months ended March 31, |
||||||||
(Amounts in millions) |
2010 | 2009 | ||||||
Fixed maturity securities—taxable |
$ | 626 | $ | 623 | ||||
Fixed maturity securities—non-taxable |
16 | 30 | ||||||
Commercial mortgage loans |
104 | 114 | ||||||
Restricted commercial mortgage loans related to securitization entities (1) |
10 | — | ||||||
Equity securities |
2 | 3 | ||||||
Other invested assets |
(2 | ) | (99 | ) | ||||
Restricted other invested assets related to securitization entities (1) |
1 | — | ||||||
Policy loans |
27 | 44 | ||||||
Cash, cash equivalents and short-term investments |
5 | 17 | ||||||
Gross investment income before expenses and fees |
789 | 732 | ||||||
Expenses and fees |
(24 | ) | (21 | ) | ||||
Net investment income |
$ | 765 | $ | 711 | ||||
(1) |
See note 7 for additional information related to consolidated securitization entities. |
(b) Net Investment Gains (Losses)
The following table sets forth net investment gains (losses) for the periods indicated:
Three months ended March 31, |
||||||||
(Amounts in millions) |
2010 | 2009 | ||||||
Available-for-sale securities: |
||||||||
Realized gains on sale |
$ | 23 | $ | 29 | ||||
Realized losses on sale |
(38 | ) | (63 | ) | ||||
Impairments: |
||||||||
Total other-than-temporary impairments |
(77 | ) | (597 | ) | ||||
Portion of other-than-temporary impairments recognized in other comprehensive income (loss) |
(3 | ) | — | |||||
Net other-than-temporary impairments |
(80 | ) | (597 | ) | ||||
Trading securities |
6 | (12 | ) | |||||
Commercial mortgage loans |
(4 | ) | (6 | ) | ||||
Net gains (losses) related to securitization entities (1) |
11 | — | ||||||
Derivative instruments |
(8 | ) | (121 | ) | ||||
Other |
20 | — | ||||||
Net investment gains (losses) |
$ | (70 | ) | $ | (770 | ) | ||
(1) |
See note 7 for additional information related to consolidated securitization entities. |
Derivative instruments primarily consist of changes in the fair value of non-qualifying derivatives, including embedded derivatives, changes in fair value of certain derivatives and related hedged items in fair value hedge relationships and hedge ineffectiveness on qualifying derivative instruments. See note 5 for additional information on the impact of derivative instruments included in net investment gains (losses).
The following represents the activity for credit losses recognized in net income (loss) on debt securities where an other-than-temporary impairment was identified and a portion of other-than-temporary impairments was included in other comprehensive income (loss) (“OCI”) as of the period indicated:
(Amounts in millions) |
As of or for the
three months ended March 31, 2010 |
|||
Cumulative credit loss beginning balance |
$ | 1,059 | ||
Additions: |
||||
Other-than-temporary impairments not previously recognized |
20 | |||
Increases related to other-than-temporary impairments previously recognized |
46 | |||
Reductions: |
||||
Securities sold, paid down or disposed |
(100 | ) | ||
Securities where there is intent to sell |
— | |||
Cumulative credit loss ending balance |
$ | 1,025 | ||
(c) Unrealized Investment Gains and Losses
Net unrealized gains and losses on investment securities classified as available-for-sale and other invested assets are reduced by deferred income taxes and adjustments to present value of future profits, deferred acquisition costs and sales inducements that would have resulted had such gains and losses been realized. Net unrealized gains and losses on available-for-sale investment securities reflected as a separate component of accumulated other comprehensive income (loss) were as follows as of the dates indicated:
(Amounts in millions) |
March 31, 2010 | December 31, 2009 | ||||||
Net unrealized gains (losses) on investment securities: |
||||||||
Fixed maturity securities |
$ | (1,245 | ) | $ | (2,245 | ) | ||
Equity securities |
16 | 20 | ||||||
Other invested assets |
(26 | ) | (29 | ) | ||||
Subtotal |
(1,255 | ) | (2,254 | ) | ||||
Adjustments to present value of future profits, deferred acquisition costs and sales inducements |
(21 | ) | 138 | |||||
Income taxes, net |
454 | 757 | ||||||
Net unrealized investment gains (losses) |
(822 | ) | (1,359 | ) | ||||
Less: net unrealized investment (gains) losses attributable to noncontrolling interests |
38 | 39 | ||||||
Net unrealized investment gains (losses) attributable to Genworth |
$ | (860 | ) | $ | (1,398 | ) | ||
The change in net unrealized gains (losses) on available-for-sale securities reported in accumulated other comprehensive income (loss) was as follows as of or for the period indicated:
(Amounts in millions) |
As of or for the
three months ended March 31, 2010 |
|||
Beginning balance |
$ | (1,398 | ) | |
Impact upon adoption of new accounting guidance |
91 | |||
Unrealized gains (losses) arising during the period: |
||||
Unrealized gains (losses) on investment securities |
763 | |||
Adjustment to deferred acquisition costs |
(113 | ) | ||
Adjustment to present value of future profits |
(31 | ) | ||
Adjustment to sales inducements |
(15 | ) | ||
Provision for income taxes |
(220 | ) | ||
Change in unrealized gains (losses) on investment securities |
384 | |||
Reclassification adjustments to net investment (gains) losses, net of taxes |
62 | |||
Change in net unrealized investment gains (losses) |
537 | |||
Less: change in net unrealized investment (gains) losses attributable to noncontrolling interests |
1 | |||
Ending balance |
$ | (860 | ) | |
(d) Fixed Maturity and Equity Securities
As of March 31, 2010, the amortized cost or cost, gross unrealized gains (losses) and fair value of our fixed maturity and equity securities classified as available-for-sale were as follows:
(Amounts in millions) |
Amortized
cost or cost |
Gross unrealized gains | Gross unrealized losses |
Fair
value |
||||||||||||||||
Not other-than-
temporarily impaired |
Other-than-
temporarily impaired |
Not other-than-
temporarily impaired |
Other-than-
temporarily impaired |
|||||||||||||||||
Fixed maturity securities: |
||||||||||||||||||||
U.S. government, agencies and government-sponsored enterprises |
$ | 3,079 | $ | 30 | $ | — | $ | (80 | ) | $ | — | $ | 3,029 | |||||||
Tax-exempt |
1,495 | 35 | — | (94 | ) | — | 1,436 | |||||||||||||
Government—non-U.S. |
2,323 | 103 | — | (12 | ) | — | 2,414 | |||||||||||||
U.S. corporate |
22,108 | 722 | 8 | (583 | ) | (2 | ) | 22,253 | ||||||||||||
Corporate—non-U.S. |
13,019 | 407 | 13 | (288 | ) | — | 13,151 | |||||||||||||
Residential mortgage-backed |
4,445 | 50 | 8 | (402 | ) | (291 | ) | 3,810 | ||||||||||||
Commercial mortgage-backed |
4,243 | 95 | 6 | (577 | ) | (74 | ) | 3,693 | ||||||||||||
Other asset-backed |
2,573 | 12 | — | (310 | ) | (21 | ) | 2,254 | ||||||||||||
Total fixed maturity securities |
53,285 | 1,454 | 35 | (2,346 | ) | (388 | ) | 52,040 | ||||||||||||
Equity securities |
163 | 19 | — | (3 | ) | — | 179 | |||||||||||||
Total available-for-sale securities |
$ | 53,448 | $ | 1,473 | $ | 35 | $ | (2,349 | ) | $ | (388 | ) | $ | 52,219 | ||||||
As of December 31, 2009, the amortized cost or cost, gross unrealized gains (losses) and fair value of our fixed maturity and equity securities classified as available-for-sale were as follows:
(Amounts in millions) |
Amortized
cost or cost |
Gross unrealized gains | Gross unrealized losses |
Fair
value |
||||||||||||||||
Not other-than-
temporarily impaired |
Other-than-
temporarily impaired |
Not other-than-
temporarily impaired |
Other-than-
temporarily impaired |
|||||||||||||||||
Fixed maturity securities: |
||||||||||||||||||||
U.S. government, agencies and government-sponsored enterprises |
$ | 2,673 | $ | 25 | $ | — | $ | (96 | ) | $ | — | $ | 2,602 | |||||||
Tax-exempt |
1,606 | 42 | — | (104 | ) | — | 1,544 | |||||||||||||
Government—non-U.S. |
2,310 | 96 | — | (22 | ) | — | 2,384 | |||||||||||||
U.S. corporate |
21,598 | 628 | 3 | (814 | ) | (3 | ) | 21,412 | ||||||||||||
Corporate—non-U.S. |
12,530 | 366 | 11 | (356 | ) | — | 12,551 | |||||||||||||
Residential mortgage-backed |
3,989 | 41 | 7 | (484 | ) | (326 | ) | 3,227 | ||||||||||||
Commercial mortgage-backed |
4,404 | 44 | 4 | (738 | ) | (97 | ) | 3,617 | ||||||||||||
Other asset-backed |
2,887 | 8 | — | (466 | ) | (14 | ) | 2,415 | ||||||||||||
Total fixed maturity securities |
51,997 | 1,250 | 25 | (3,080 | ) | (440 | ) | 49,752 | ||||||||||||
Equity securities |
139 | 23 | — | (3 | ) | — | 159 | |||||||||||||
Total available-for-sale securities |
$ | 52,136 | $ | 1,273 | $ | 25 | $ | (3,083 | ) | $ | (440 | ) | $ | 49,911 | ||||||
The following table presents the gross unrealized losses and fair values of our investment securities, aggregated by investment type and length of time that individual investment securities have been in a continuous unrealized loss position, as of March 31, 2010:
Less than 12 months | 12 months or more | |||||||||||||||||
(Dollar amounts in millions) |
Fair
value |
Gross
unrealized losses |
Number of
securities |
Fair
value |
Gross
unrealized losses |
Number of
securities |
||||||||||||
Description of Securities |
||||||||||||||||||
Fixed maturity securities: |
||||||||||||||||||
U.S. government, agencies and government sponsored entities |
$ | 1,967 | $ | (77 | ) | 73 | $ | 60 | $ | (3 | ) | 5 | ||||||
Tax-exempt |
160 | (5 | ) | 47 | 342 | (89 | ) | 108 | ||||||||||
Government—non-U.S. |
488 | (4 | ) | 32 | 73 | (8 | ) | 12 | ||||||||||
U.S. corporate |
3,084 | (62 | ) | 348 | 4,721 | (523 | ) | 403 | ||||||||||
Corporate—non-U.S. |
1,977 | (38 | ) | 185 | 2,160 | (250 | ) | 206 | ||||||||||
Residential mortgage-backed |
924 | (29 | ) | 164 | 1,170 | (664 | ) | 450 | ||||||||||
Commercial mortgage-backed |
128 | (12 | ) | 24 | 1,418 | (639 | ) | 306 | ||||||||||
Other asset-backed |
85 | (1 | ) | 16 | 1,333 | (330 | ) | 169 | ||||||||||
Subtotal, fixed maturity securities |
8,813 | (228 | ) | 889 | 11,277 | (2,506 | ) | 1,659 | ||||||||||
Equity securities |
17 | (1 | ) | 15 | 12 | (2 | ) | 10 | ||||||||||
Total for securities in an unrealized loss position |
$ | 8,830 | $ | (229 | ) | 904 | $ | 11,289 | $ | (2,508 | ) | 1,669 | ||||||
% Below cost—fixed maturity securities: |
||||||||||||||||||
<20% Below cost |
$ | 8,789 | $ | (203 | ) | 829 | $ | 8,747 | $ | (651 | ) | 948 | ||||||
20-50% Below cost |
13 | (7 | ) | 23 | 2,116 | (1,019 | ) | 410 | ||||||||||
>50% Below cost |
11 | (18 | ) | 37 | 414 | (836 | ) | 301 | ||||||||||
Total fixed maturity securities |
8,813 | (228 | ) | 889 | 11,277 | (2,506 | ) | 1,659 | ||||||||||
% Below cost—equity securities: |
||||||||||||||||||
<20% Below cost |
17 | (1 | ) | 15 | 11 | (1 | ) | 7 | ||||||||||
>50% Below cost |
— | — | — | 1 | (1 | ) | 3 | |||||||||||
Total equity securities |
17 | (1 | ) | 15 | 12 | (2 | ) | 10 | ||||||||||
Total for securities in an unrealized loss position |
$ | 8,830 | $ | (229 | ) | 904 | $ | 11,289 | $ | (2,508 | ) | 1,669 | ||||||
Investment grade |
$ | 8,562 | $ | (209 | ) | 804 | $ | 9,380 | $ | (1,666 | ) | 1,187 | ||||||
Below investment grade |
268 | (20 | ) | 100 | 1,909 | (842 | ) | 482 | ||||||||||
Not rated—fixed maturity securities |
— | — | — | — | — | — | ||||||||||||
Not rated—equity securities |
— | — | — | — | — | — | ||||||||||||
Total for securities in an unrealized loss position |
$ | 8,830 | $ | (229 | ) | 904 | $ | 11,289 | $ | (2,508 | ) | 1,669 | ||||||
The investment securities in an unrealized loss position as of March 31, 2010 consisted of 2,573 securities and accounted for unrealized losses of $2,737 million. Of these unrealized losses of $2,737 million, 69% were investment grade (rated “AAA” through “BBB-”) and 31% were less than 20% below cost. The securities less than 20% below cost were primarily attributable to widening credit spreads and a depressed market for certain structured mortgage securities. Included in these unrealized losses as of March 31, 2010 was $388 million of unrealized losses on other-than-temporarily impaired securities. Of the total unrealized losses on other-than-temporarily impaired securities, $376 million have been in an unrealized loss position for more than 12 months.
Of the unrealized losses of $2,737 million, $1,675 million were related to structured securities and $558 million were related to corporate securities in the finance and insurance sector. Of the remaining gross unrealized losses of $504 million, $186 million were related to U.S. government, agencies and government-sponsored enterprises, tax-exempt and government—non-U.S. securities and $318 million were primarily related to other corporate securities that were spread evenly across all other sectors with no individual sector exceeding $57 million.
Of the $1,675 million unrealized losses in structured securities, 41% were in residential mortgage-backed securities and 39% were in commercial mortgage-backed securities with the remainder in other asset-backed securities. Approximately 58% of the total unrealized losses in structured securities were on securities that have retained investment grade ratings. Most of these securities have been in an unrealized loss position for 12 months or more. Given the current market conditions and limited trading on these securities, the fair value of these securities has declined due to widening credit spreads and high premiums for illiquidity. We examined the performance of the underlying collateral and developed our estimate of cash flows expected to be collected. In doing so, we identified certain securities where the non-credit portion of other-than-temporary impairments was recorded in OCI. Based on this evaluation, we determined that the unrealized losses on our mortgage-backed and asset-backed securities represented temporary impairments as of March 31, 2010.
Of the $558 million unrealized losses in the finance and insurance sector, most have been in an unrealized loss position for 12 months or more. Most of these securities have retained a credit rating of investment grade. A portion of the unrealized losses included securities where an other-than-temporary impairment was recorded in OCI. Given the current market conditions, including current financial industry events and uncertainty around global economic conditions, the fair value of these securities has declined due to widening credit spreads. In our examination of these securities, we considered all available evidence, including the issuers’ financial condition and current industry events to develop our conclusion on the amount and timing of the cash flows expected to be collected. Based on this evaluation, we determined that the unrealized losses on these securities represented temporary impairments as of March 31, 2010. A subset of the securities issued by banks and other financial institutions represent investments in financial hybrid securities on which a debt impairment model was employed. All of these securities retain a credit rating of investment grade. The majority of these securities were issued by foreign financial institutions. The fair value of these securities has been impacted by widening credit spreads which reflect current financial industry events including uncertainty surrounding the level and type of government support of European financial institutions, potential capital restructuring of these institutions, the risk that income payments may be deferred and the risk that these institutions could be nationalized. The remaining unrealized losses in our U.S. and non-U.S. corporate securities were evenly distributed across all other major industry types that comprise our corporate bond holdings.
Of the investment securities in an unrealized loss position for 12 months or more as of March 31, 2010, 714 securities were 20% or more below cost, of which 328 securities were also below investment grade (rated “BB+” and below) and accounted for unrealized losses of $742 million. These securities were primarily structured securities or securities issued by corporations in the finance and insurance sector. Included in this amount are other-than-temporarily impaired securities where the non-credit loss of $289 million was recorded in OCI.
While certain securities included in the preceding table were considered other-than-temporarily impaired, we expect to recover the new amortized cost based on our estimate of cash flows to be collected. As of March 31, 2010, we expect to recover our amortized cost on the securities included in the chart above and do not intend to sell or it is not more likely than not that we will be required to sell these securities prior to recovering our amortized cost.
Despite the considerable analysis and rigor employed on our structured securities, it is at least reasonably possible that the underlying collateral of these investments will perform worse than current market expectations. Such events may lead to adverse changes in cash flows on our holdings of asset-backed and mortgage-backed securities and potential future write-downs within our portfolio of mortgage-backed and asset-backed securities. We expect our investments in corporate securities will continue to perform in accordance with our conclusions about the amount and timing of estimated cash flows. Although we do not anticipate such events, it is at least reasonably possible that issuers of our investments in corporate securities will perform worse than current expectations. Such events may lead us to recognize potential future write-downs within our portfolio of corporate securities.
The following table presents the gross unrealized losses and fair values of our investment securities, aggregated by investment type and length of time that individual investment securities have been in a continuous unrealized loss position, as of December 31, 2009:
Less than 12 months | 12 months or more | |||||||||||||||||
(Dollar amounts in millions) |
Fair
value |
Gross
unrealized losses |
Number of
securities |
Fair
value |
Gross
unrealized losses |
Number of
securities |
||||||||||||
Description of Securities |
||||||||||||||||||
Fixed maturity securities: |
||||||||||||||||||
U.S. government, agencies and government-sponsored enterprises |
$ | 1,759 | $ | (95 | ) | 81 | $ | 6 | $ | (1 | ) | 2 | ||||||
Tax-exempt |
152 | (6 | ) | 48 | 346 | (98 | ) | 113 | ||||||||||
Government—non-U.S. |
341 | (3 | ) | 60 | 105 | (19 | ) | 35 | ||||||||||
U.S. corporate |
2,823 | (81 | ) | 317 | 5,660 | (736 | ) | 510 | ||||||||||
Corporate—non-U.S. |
1,721 | (55 | ) | 221 | 2,245 | (301 | ) | 258 | ||||||||||
Residential mortgage-backed |
941 | (252 | ) | 256 | 1,012 | (558 | ) | 348 | ||||||||||
Commercial mortgage-backed |
714 | (64 | ) | 81 | 1,720 | (771 | ) | 345 | ||||||||||
Other asset-backed |
329 | (6 | ) | 43 | 1,727 | (474 | ) | 183 | ||||||||||
Subtotal, fixed maturity securities |
8,780 | (562 | ) | 1,107 | 12,821 | (2,958 | ) | 1,794 | ||||||||||
Equity securities |
2 | (1 | ) | 3 | 12 | (2 | ) | 9 | ||||||||||
Total for securities in an unrealized loss position |
$ | 8,782 | $ | (563 | ) | 1,110 | $ | 12,833 | $ | (2,960 | ) | 1,803 | ||||||
% Below cost—fixed maturity securities: |
||||||||||||||||||
<20% Below cost |
$ | 8,437 | $ | (245 | ) | 920 | $ | 9,699 | $ | (762 | ) | 1,055 | ||||||
20-50% Below cost |
267 | (137 | ) | 91 | 2,637 | (1,246 | ) | 455 | ||||||||||
>50% Below cost |
76 | (180 | ) | 96 | 485 | (950 | ) | 284 | ||||||||||
Total fixed maturity securities |
8,780 | (562 | ) | 1,107 | 12,821 | (2,958 | ) | 1,794 | ||||||||||
% Below cost—equity securities: |
||||||||||||||||||
<20% Below cost |
2 | (1 | ) | 3 | 11 | (1 | ) | 5 | ||||||||||
>50% Below cost |
— | — | — | 1 | (1 | ) | 4 | |||||||||||
Total equity securities |
2 | (1 | ) | 3 | 12 | (2 | ) | 9 | ||||||||||
Total for securities in an unrealized loss position |
$ | 8,782 | $ | (563 | ) | 1,110 | $ | 12,833 | $ | (2,960 | ) | 1,803 | ||||||
Investment grade |
$ | 8,391 | $ | (320 | ) | 891 | $ | 10,897 | $ | (2,122 | ) | 1,390 | ||||||
Below investment grade |
391 | (243 | ) | 219 | 1,936 | (838 | ) | 413 | ||||||||||
Total for securities in an unrealized loss position |
$ | 8,782 | $ | (563 | ) | 1,110 | $ | 12,833 | $ | (2,960 | ) | 1,803 | ||||||
The scheduled maturity distribution of fixed maturity securities as of March 31, 2010 is set forth below. Actual maturities may differ from contractual maturities because issuers of securities may have the right to call or prepay obligations with or without call or prepayment penalties.
(Amounts in millions) |
Amortized cost or cost |
Fair value |
||||
Due one year or less |
$ | 2,634 | $ | 2,660 | ||
Due after one year through five years |
12,313 | 12,582 | ||||
Due after five years through ten years |
7,929 | 8,152 | ||||
Due after ten years |
19,148 | 18,889 | ||||
Subtotal |
42,024 | 42,283 | ||||
Residential mortgage-backed |
4,445 | 3,810 | ||||
Commercial mortgage-backed |
4,243 | 3,693 | ||||
Other asset-backed |
2,573 | 2,254 | ||||
Total |
$ | 53,285 | $ | 52,040 | ||
As of March 31, 2010, $5,437 million of our investments (excluding mortgage-backed and asset-backed securities) were subject to certain call provisions.
As of March 31, 2010, securities issued by finance and insurance, utilities and energy, and consumer—non-cyclical industry groups represented approximately 26%, 22% and 11% of our domestic and foreign corporate fixed maturity securities portfolio, respectively. No other industry group comprised more than 10% of our investment portfolio. This portfolio is widely diversified among various geographic regions in the U.S. and internationally, and is not dependent on the economic stability of one particular region.
As of March 31, 2010, we did not hold any fixed maturity securities in any single issuer, other than securities issued or guaranteed by the U.S. government, which exceeded 10% of stockholders’ equity.
(e) Commercial Mortgage Loans
Our mortgage loans are collateralized by commercial properties, including multi-family residential buildings. The carrying value of commercial mortgage loans is stated at original cost net of prepayments, amortization and allowance for loan losses.
We diversify our commercial mortgage loans by both property type and geographic region. The following tables set forth the distribution across property type and geographic region for commercial mortgage loans as of the periods indicated:
March 31, 2010 | December 31, 2009 | |||||||||||||
(Amounts in millions) |
Carrying value |
% of total |
Carrying value |
% of total |
||||||||||
Property Type |
||||||||||||||
Retail |
$ | 2,074 | 28 | % | $ | 2,115 | 28 | % | ||||||
Office |
1,991 | 27 | 2,025 | 27 | ||||||||||
Industrial |
1,955 | 27 | 1,979 | 26 | ||||||||||
Apartments |
819 | 11 | 832 | 11 | ||||||||||
Mixed use/other |
543 | 7 | 590 | 8 | ||||||||||
Total principal balance |
7,382 | 100 | % | 7,541 | 100 | % | ||||||||
Unamortized balance of loan origination fees and costs |
6 | 6 | ||||||||||||
Allowance for losses |
(52 | ) | (48 | ) | ||||||||||
Total (1) |
$ | 7,336 | $ | 7,499 | ||||||||||
(1) |
Included $17 million of held-for-sale mortgage loans as of December 31, 2009. In the first quarter of 2010, we began reporting held-for-sale mortgages in other invested assets. |
March 31, 2010 | December 31, 2009 | |||||||||||||
(Amounts in millions) |
Carrying value |
% of total |
Carrying value |
% of total |
||||||||||
Geographic Region |
||||||||||||||
Pacific |
$ | 1,966 | 27 | % | $ | 2,005 | 27 | % | ||||||
South Atlantic |
1,669 | 23 | 1,711 | 23 | ||||||||||
Middle Atlantic |
987 | 13 | 1,005 | 13 | ||||||||||
East North Central |
714 | 10 | 728 | 10 | ||||||||||
Mountain |
640 | 9 | 650 | 9 | ||||||||||
New England |
486 | 6 | 492 | 6 | ||||||||||
West North Central |
385 | 5 | 389 | 5 | ||||||||||
West South Central |
325 | 4 | 331 | 4 | ||||||||||
East South Central |
210 | 3 | 230 | 3 | ||||||||||
Total principal balance |
7,382 | 100 | % | 7,541 | 100 | % | ||||||||
Unamortized balance of loan origination fees and costs |
6 | 6 | ||||||||||||
Allowance for losses |
(52 | ) | (48 | ) | ||||||||||
Total (1) |
$ | 7,336 | $ | 7,499 | ||||||||||
(1) |
Included $17 million of held-for-sale mortgage loans as of December 31, 2009. In the first quarter of 2010, we began reporting held-for-sale mortgages in other invested assets. |
“Impaired” loans are defined by U.S. GAAP as loans for which it is probable that the lender will be unable to collect all amounts due according to original contractual terms of the loan agreement.
Under these principles, we may have two types of “impaired” loans: loans requiring specific allowances for losses (none for the three months ended March 31, 2010 and $21 million for the year ended December 31, 2009) and loans expected to be fully recoverable because the carrying amount has been reduced previously through charge-offs or deferral of income recognition (none for the three months ended March 31, 2010 and for the year ended December 31, 2009).
Average investment in specifically impaired loans was $9 million and $10 million as of March 31, 2010 and December 31, 2009, respectively, and there was no interest income recognized on these loans while they were considered impaired.
The following table presents the activity in the allowance for losses during the period indicated:
(Amounts in millions) |
March 31, 2010 | ||
Beginning balance |
$ | 48 | |
Provision |
4 | ||
Release |
— | ||
Ending balance |
$ | 52 | |
(f) Restricted Commercial Mortgage Loans Related To Securitization Entities
The following tables set forth additional information regarding our restricted commercial mortgage loans related to securitization entities as of the date indicated:
March 31, 2010 | |||||||
(Amounts in millions) |
Carrying value |
% of total |
|||||
Property Type |
|||||||
Retail |
$ | 200 | 36 | % | |||
Industrial |
136 | 25 | |||||
Office |
125 | 22 | |||||
Apartments |
67 | 12 | |||||
Mixed use/other |
26 | 5 | |||||
Total principal balance |
554 | 100 | % | ||||
Allowance for losses |
(2 | ) | |||||
Total |
$ | 552 | |||||
March 31, 2010 | |||||||
(Amounts in millions) |
Carrying value |
% of total |
|||||
Geographic Region |
|||||||
South Atlantic |
$ | 198 | 36 | % | |||
Pacific |
100 | 18 | |||||
Middle Atlantic |
74 | 13 | |||||
East North Central |
64 | 12 | |||||
Mountain |
37 | 7 | |||||
East South Central |
34 | 6 | |||||
West North Central |
33 | 6 | |||||
West South Central |
13 | 2 | |||||
New England |
1 | — | |||||
Total principal balance |
554 | 100 | % | ||||
Allowance for losses |
(2 | ) | |||||
Total |
$ | 552 | |||||
See note 7 for additional information related to consolidated securitization entities.
(g) Restricted Other Invested Assets Related To Securitization Entities
We have consolidated securitization entities that hold certain investments that are recorded as restricted other invested assets related to securitization entities. The consolidated securitization entities hold certain investments as trading securities whereby the changes in fair value are recorded in current period income (loss). The trading securities are comprised of asset-backed securities, including residual interest in certain policy loan securitization entities and highly rated bonds that are primarily backed by credit card receivables. See note 7 for additional information related to consolidated securitization entities.
|
(5) Derivative Instruments
Our business activities routinely deal with fluctuations in interest rates, equity prices, currency exchange rates and other asset and liability prices. We use derivative instruments to mitigate or reduce certain of these risks. We have established policies for managing each of these risks, including prohibitions on derivatives market-making and other speculative derivatives activities. These policies require the use of derivative instruments in concert with other techniques to reduce or mitigate these risks. While we use derivatives to mitigate or reduce risks, certain derivatives do not meet the accounting requirements to be designated as hedging instruments and are denoted as “derivatives not designated as hedges” in the following disclosures. For derivatives that meet the accounting requirements to be designated as hedges, the following disclosures for these derivatives are denoted as “derivatives designated as hedges,” which include both cash flow and fair value hedges.
The following table sets forth our positions in derivative instruments as of the dates indicated:
Asset derivatives | Liability derivatives | |||||||||||||||||
Balance
sheet classification |
Fair value |
Balance
sheet classification |
Fair value | |||||||||||||||
(Amounts in millions) |
March 31, 2010 |
December 31, 2009 |
March 31, 2010 |
December 31, 2009 |
||||||||||||||
Derivatives designated as hedges |
||||||||||||||||||
Cash flow hedges: |
||||||||||||||||||
Interest rate swaps |
Other invested assets |
$ | 69 | $ | 72 |
Other liabilities |
$ | 158 | $ | 114 | ||||||||
Inflation indexed swaps |
Other invested assets |
1 | — |
Other liabilities |
13 | 21 | ||||||||||||
Foreign currency swaps |
Other invested assets |
100 | 101 |
Other liabilities |
— | — | ||||||||||||
Total cash flow hedges |
170 | 173 | 171 | 135 | ||||||||||||||
Fair value hedges: |
||||||||||||||||||
Interest rate swaps |
Other invested assets |
130 | 132 |
Other liabilities |
12 | 15 | ||||||||||||
Foreign currency swaps |
Other invested assets |
22 | 24 |
Other liabilities |
— | — | ||||||||||||
Total fair value hedges |
152 | 156 | 12 | 15 | ||||||||||||||
Total derivatives designated as hedges |
322 | 329 | 183 | 150 | ||||||||||||||
Derivatives not designated as hedges |
||||||||||||||||||
Interest rate swaps |
Other invested assets |
475 | 505 |
Other liabilities |
44 | 59 | ||||||||||||
Interest rate swaps related to |
Restricted other invested assets |
— | — |
Other liabilities |
16 | — | ||||||||||||
Interest rate swaptions |
Other invested assets |
14 | 54 |
Other liabilities |
18 | 67 | ||||||||||||
Credit default swaps |
Other invested assets |
10 | 11 |
Other liabilities |
1 | 3 | ||||||||||||
Credit default swaps related to securitization entities (1) |
Restricted other invested assets |
— | — |
Other liabilities |
118 | — | ||||||||||||
Equity index options |
Other invested assets |
34 | 39 |
Other liabilities |
4 | 2 | ||||||||||||
Financial futures |
Other invested assets |
— | — |
Other liabilities |
— | — | ||||||||||||
Other foreign currency contracts |
Other invested assets |
4 | 8 |
Other liabilities |
— | — | ||||||||||||
GMWB embedded derivatives |
Reinsurance recoverable (2 ) |
(6 | ) | (5 | ) |
Policyholder account balances (3 ) |
145 | 175 | ||||||||||
Total derivatives not designated as hedges |
531 | 612 | 346 | 306 | ||||||||||||||
Total derivatives |
$ | 853 | $ | 941 | $ | 529 | $ | 456 | ||||||||||
(1) |
See note 7 for additional information related to consolidated securitization entities. |
(2) |
Represents the embedded derivatives associated with the reinsured portion of our guaranteed minimum withdrawal benefits (“GMWB”) liabilities. |
(3) |
Represents the embedded derivatives associated with our GMWB liabilities, excluding the impact of reinsurance. |
The fair value of derivative positions presented above was not offset by the respective collateral amounts retained or provided under these agreements. The amounts recognized for derivative counterparty collateral retained by us was recorded in other invested assets with a corresponding amount recorded in other liabilities to represent our obligation to return the collateral retained by us.
The activity associated with derivative instruments can generally be measured by the change in notional value over the periods presented. However, for GMWB embedded derivatives, the change between periods is best illustrated by the number of policies. The following tables represent activity associated with derivative instruments as of the dates indicated:
(Notional in millions) |
Measurement | December 31, 2009 | Additions |
Maturities/ terminations |
March 31, 2010 | ||||||||||
Derivatives designated as hedges |
|||||||||||||||
Cash flow hedges: |
|||||||||||||||
Interest rate swaps |
Notional | $ | 9,479 | $ | 1,182 | $ | (3 | ) | $ | 10,658 | |||||
Inflation indexed swaps |
Notional | 376 | 157 | — | 533 | ||||||||||
Foreign currency swaps |
Notional | 491 | — | — | 491 | ||||||||||
Total cash flow hedges |
10,346 | 1,339 | (3 | ) | 11,682 | ||||||||||
Fair value hedges: |
|||||||||||||||
Interest rate swaps |
Notional | 2,366 | — | (74 | ) | 2,292 | |||||||||
Foreign currency swaps |
Notional | 85 | — | — | 85 | ||||||||||
Total fair value hedges |
2,451 | — | (74 | ) | 2,377 | ||||||||||
Total derivatives designated as hedges |
12,797 | 1,339 | (77 | ) | 14,059 | ||||||||||
Derivatives not designated as hedges |
|||||||||||||||
Interest rate swaps |
Notional | 6,474 | 1,246 | (354 | ) | 7,366 | |||||||||
Interest rate swaps related to securitization entities |
Notional | — | 138 | — | 138 | ||||||||||
Interest rate swaptions |
Notional | 5,100 | — | (3,300 | ) | 1,800 | |||||||||
Credit default swaps |
Notional | 1,090 | — | — | 1,090 | ||||||||||
Credit default swaps related to securitization entities |
Notional | — | 322 | — | 322 | ||||||||||
Equity index options |
Notional | 912 | 149 | (81 | ) | 980 | |||||||||
Financial futures |
Notional | 5,822 | 2,186 | (2,545 | ) | 5,463 | |||||||||
Other foreign currency contracts |
Notional | 521 | — | — | 521 | ||||||||||
Total derivatives not designated as hedges |
19,919 | 4,041 | (6,280 | ) | 17,680 | ||||||||||
Total derivatives |
$ | 32,716 | $ | 5,380 | $ | (6,357 | ) | $ | 31,739 | ||||||
(Number of policies) |
Measurement | December 31, 2009 | Additions | Terminations | March 31, 2010 | ||||||
Derivatives not designated as hedges |
|||||||||||
GMWB embedded derivatives |
Policies | 47,543 | 1,323 | (461 | ) | 48,405 |
Approximately $1.1 billion of notional value above is related to derivatives with counterparties that can be terminated at the option of the derivative counterparty and represented a net fair value asset of $112 million as of March 31, 2010.
Cash Flow Hedges
Certain derivative instruments are designated as cash flow hedges. The changes in fair value of these instruments are recorded as a component of OCI. We designate and account for the following as cash flow hedges when they have met the effectiveness requirements: (i) various types of interest rate swaps to convert floating rate investments to fixed rate investments; (ii) various types of interest rate swaps to convert floating rate liabilities into fixed rate liabilities; (iii) receive U.S. dollar fixed on foreign currency swaps to hedge the foreign currency cash flow exposure of foreign currency denominated investments; (iv) pay U.S. dollar fixed on foreign currency swaps to hedge the foreign currency cash flow exposure on liabilities denominated in foreign currencies; (v) forward starting interest rate swaps to hedge against changes in interest rates associated with future fixed-rate bond purchases and/or interest income; and (vi) other instruments to hedge the cash flows of various forecasted transactions.
The following table provides information about the pre-tax income (loss) effects of cash flow hedges for the three months ended March 31, 2010:
(Amounts in millions) |
Gain (loss) recognized in OCI |
Gain (loss) reclassified into net income (loss) from OCI (1) |
Classification of gain (loss) reclassified into net income (loss) |
Gain (loss) recognized in net income (loss) (2) |
Classification of gain (loss) recognized in net income (loss) |
|||||||||||
Interest rate swaps hedging assets |
$ | (36 | ) | $ | 4 |
Net investment income |
$ | (3 | ) |
Net investment gains (losses) |
||||||
Interest rate swaps hedging assets |
— | 1 |
Net investment gains (losses) |
— |
Net investment gains (losses) |
|||||||||||
Foreign currency swaps |
1 | (2 | ) | Interest expense | — |
Net investment gains (losses) |
||||||||||
Total |
$ | (35 | ) | $ | 3 | $ | (3 | ) | ||||||||
(1) |
No amounts were reclassified into net income (loss) for cash flow hedges that were terminated or de-designated where the effective portion is reclassified into net income (loss) when the underlying hedge item affects net income (loss). |
(2) |
Represents ineffective portion of cash flow hedges as there were no amounts excluded from the measurement of effectiveness. |
The following table provides information about the pre-tax income (loss) effects of cash flow hedges for the three months ended March 31, 2009:
(Amounts in millions) |
Gain (loss) recognized in OCI |
Gain (loss) reclassified into net income (loss) from OCI (1) |
Classification of gain (loss) reclassified into net income (loss) |
Gain (loss) recognized in net income (loss) (2) |
Classification of gain (loss) recognized in net income (loss) |
|||||||||||
Interest rate swaps hedging assets |
$ | (145 | ) | $ | 5 |
Net investment income |
$ | (6 | ) |
Net investment gains (losses) |
||||||
Interest rate swaps hedging assets |
— | 3 |
Net investment gains (losses) |
— |
Net investment gains (losses) |
|||||||||||
Foreign currency swaps |
(12 | ) | (3 | ) | Interest expense | — |
Net investment gains (losses) |
|||||||||
Total |
$ | (157 | ) | $ | 5 | $ | (6 | ) | ||||||||
(1) |
Amounts included $3 million of gains reclassified into income (loss) for cash flow hedges that were terminated or de-designated where the effective portion is reclassified into income (loss) when the underlying hedge item affects net income (loss). |
(2) |
Represents ineffective portion of cash flow hedges as there were no amounts excluded from the measurement of effectiveness. |
The total of derivatives designated as cash flow hedges of $777 million, net of taxes, recorded in stockholders’ equity as of March 31, 2010 is expected to be reclassified to future net income (loss), concurrently with and primarily offsetting changes in interest expense and interest income on floating-rate instruments and interest income on future fixed-rate bond purchases. Of this amount, $6 million, net of taxes, is expected to be reclassified to net income (loss) in the next 12 months. Actual amounts may vary from this amount as a result of market conditions. All forecasted transactions associated with qualifying cash flow hedges are expected to occur by 2045. No amounts were reclassified to net income (loss) during the three months ended March 31, 2010 in connection with forecasted transactions that were no longer considered probable of occurring.
Fair Value Hedges
Certain derivative instruments are designated as fair value hedges. The changes in fair value of these instruments are recorded in net income (loss). In addition, changes in the fair value attributable to the hedged portion of the underlying instrument are reported in net income (loss). We designate and account for the following as fair value hedges when they have met the effectiveness requirements: (i) interest rate swaps to convert fixed rate investments to floating rate investments; (ii) interest rate swaps to convert fixed rate liabilities into floating rate liabilities; (iii) cross currency swaps to convert non-U.S. dollar fixed rate liabilities to floating rate U.S. dollar liabilities; and (iv) other instruments to hedge various fair value exposures of investments.
The following table provides information about the pre-tax income (loss) effects of fair value hedges and related hedged items for the three months ended March 31, 2010:
Derivative instrument | Hedged item | |||||||||||||||||
(Amounts in millions) |
Gain (loss) recognized in net income (loss) |
Classification of gain (loss) recognized in net income (loss) |
Other impacts to net income (loss) |
Classification of other impacts to net income (loss) |
Gain (loss) recognized in net income (loss) |
Classification of gain (loss) recognized in net income (loss) |
||||||||||||
Interest rate swaps hedging assets |
$ | 1 |
Net investment gains (losses) |
$ | (3 | ) |
Net investment income |
$ | (1 | ) |
Net investment gains (losses) |
|||||||
Interest rate swaps hedging liabilities |
(1 | ) |
Net investment gains (losses) |
25 | Interest credited | 1 |
Net investment gains (losses) |
|||||||||||
Foreign currency swaps |
(2 | ) |
Net investment gains (losses) |
1 | Interest credited | 2 |
Net investment gains (losses) |
|||||||||||
Total |
$ | (2 | ) | $ | 23 | $ | 2 | |||||||||||
The following table provides information about the pre-tax income (loss) effects of fair value hedges and related hedged items for the three months ended March 31, 2009:
Derivative instrument | Hedged item | ||||||||||||||||
(Amounts in millions) |
Gain (loss) recognized in net income (loss) |
Classification of gain (loss) recognized in net income (loss) |
Other impacts to net income (loss) |
Classification of other impacts to net income (loss) |
Gain (loss) recognized in net income (loss) |
Classification of gain (loss) recognized in net income (loss) |
|||||||||||
Interest rate swaps hedging assets |
$ | (7 | ) |
Net investment gains (losses) |
$ | (4 | ) |
Net investment income |
$ | 7 |
Net investment gains (losses) |
||||||
Interest rate swaps hedging liabilities |
— |
Net investment gains (losses) |
19 | Interest credited | — |
Net investment gains (losses) |
|||||||||||
Foreign currency swaps |
(11 | ) |
Net investment gains (losses) |
— | Interest credited | 10 |
Net investment gains (losses) |
||||||||||
Total |
$ | (18 | ) | $ | 15 | $ | 17 | ||||||||||
The difference between the gain (loss) recognized for the derivative instruments and the hedged items presented above represents the net ineffectiveness of the fair value hedging relationships. The other impacts presented above represent the income (loss) effects of the derivative instruments that are presented in the same location as the income (loss) activity from the hedged items. There were no amounts excluded from the measurement of effectiveness.
Derivatives Not Designated As Hedges
We also enter into certain non-qualifying derivative instruments such as: (i) interest rate swaps, swaptions and financial futures to mitigate interest rate risk as part of managing regulatory capital positions; (ii) credit default swaps to enhance yield and reproduce characteristics of investments with similar terms and credit risk; (iii) equity index options, interest rate swaps and financial futures to mitigate the risks associated with liabilities that have guaranteed minimum benefits; and (iv) interest rate swaps where the hedging relationship does not qualify for hedge accounting. Additionally, we provide GMWBs on certain products that are required to be bifurcated as embedded derivatives.
We also have derivatives related to securitization entities where we were required to consolidate the related securitization entity as a result of our involvement in the structure. The counterparties for these derivatives typically only have recourse to the securitization entity. The interest rate swaps used for these entities are typically used to effectively convert the interest payments on the assets of the securitization entity to the same basis as the interest rate on the borrowings issued by the securitization entity. Credit default swaps are utilized in certain securitization entities to enhance the yield payable on the borrowings issued by the securitization entity and also include a settlement feature that allows the securitization entity to provide the par value of assets in the securitization entity for the amount of any losses incurred under the credit default swap. See note 7 for additional information related to consolidated securitization entities.
The following table provides the pre-tax gain (loss) recognized in net income (loss) for the effects of derivatives not designated as hedges for the periods indicated:
Three months ended March 31, |
Classification of gain (loss) recognized in net income (loss) |
|||||||||
(Amounts in millions) |
2010 | 2009 | ||||||||
Interest rate swaps |
$ | (6 | ) | $ | 82 | Net investment gains (losses) | ||||
Interest rate swaps related to securitization entities |
(3 | ) | — | Net investment gains (losses) | ||||||
Interest rate swaptions |
22 | (242 | ) | Net investment gains (losses) | ||||||
Credit default swaps |
5 | (14 | ) | Net investment gains (losses) | ||||||
Credit default swaps related to securitization entities |
5 | — | Net investment gains (losses) | |||||||
Equity index options |
(27 | ) | 16 | Net investment gains (losses) | ||||||
Financial futures |
(33 | ) | 79 | Net investment gains (losses) | ||||||
Inflation indexed swaps |
— | (7 | ) | Net investment gains (losses) | ||||||
Other foreign currency contracts |
(3 | ) | 8 | Net investment gains (losses) | ||||||
GMWB embedded derivatives |
36 | (39 | ) | Net investment gains (losses) | ||||||
Total derivatives not designated as hedges |
$ | (4 | ) | $ | (117 | ) | ||||
Derivative Counterparty Credit Risk
As of March 31, 2010 and December 31, 2009, net fair value assets by counterparty totaled $710 million and $739 million, respectively. As of March 31, 2010 and December 31, 2009, net fair value liabilities by counterparty totaled $233 million and $74 million, respectively. As of March 31, 2010 and December 31, 2009, we retained collateral of $628 million and $647 million, respectively, related to these agreements, including over collateralization of $25 million and $10 million, respectively, from certain counterparties. As of March 31, 2010, we posted $110 million of collateral to derivative counterparties, including over collateralization of $14 million. As of December 31, 2009, we posted $121 million of collateral to derivative counterparties, including over collateralization of $46 million. For derivatives related to securitization entities, there are no arrangements that require either party to provide collateral and the recourse of the derivative counterparty is typically limited to the assets held by the securitization entity and there is no recourse to any entity other than the securitization entity.
Except for derivatives related to securitization entities, all of our master swap agreements contain credit downgrade provisions that allow either party to assign or terminate derivative transactions if the other party’s long-term unsecured debt rating or financial strength rating is below the limit defined in the applicable agreement. If the downgrade provisions had been triggered as of March 31, 2010 and December 31, 2009, we could have been allowed to claim up to $107 million and $102 million, respectively, from counterparties and required to disburse up to $5 million and $1 million, respectively. This represented the net fair value of gains and losses by counterparty, less available collateral held, and did not include any fair value gains or losses for derivatives related to securitization entities.
Credit Derivatives
We sell protection under single name credit default swaps and credit default swap index tranches in combination with purchasing securities to replicate characteristics of similar investments based on the credit quality and term of the credit default swap. Credit default triggers for both indexed reference entities and single name reference entities follow the Credit Derivatives Physical Settlement Matrix published by the International Swaps and Derivatives Association. Under these terms, credit default triggers are defined as bankruptcy, failure to pay or restructuring, if applicable. Our maximum exposure to credit loss equals the notional value for credit default swaps and the par value of debt instruments with embedded credit derivatives. In the event of default for credit default swaps, we are typically required to pay the protection holder the full notional value less a recovery rate determined at auction. For debt instruments with embedded credit derivatives, the security’s principal is typically reduced by the net amount of default for any referenced entity defaults.
In addition to the credit derivatives discussed above, we also have credit derivative instruments related to securitization entities that we were required to consolidate in 2010. These derivatives represent a customized index of reference entities with specified attachment points for certain derivatives. The credit default triggers are similar to those described above. In the event of default, the securitization entity will provide the counterparty with the par value of assets held in the securitization entity for the amount of incurred loss on the credit default swap. The maximum exposure to loss for the securitization entity is the notional value of the derivatives. Certain losses on these credit default swaps would be absorbed by the third-party noteholders of the securitization entity and the remaining losses on the credit default swaps would be absorbed by our portion of the notes issued by the securitization entity. See note 9 for information on the third-party borrowings related to consolidated securitization entities.
The following table sets forth our credit default swaps where we sell protection on single name reference entities and the fair values as of the dates indicated:
March 31, 2010 | December 31, 2009 | |||||||||||||||||
(Amounts in millions) |
Notional value |
Assets | Liabilities |
Notional value |
Assets | Liabilities | ||||||||||||
Reference entity credit rating and maturity: |
||||||||||||||||||
AAA |
||||||||||||||||||
Matures after one year through five years |
$ | — | $ | — | $ | — | $ | 6 | $ | — | $ | — | ||||||
AA |
||||||||||||||||||
Matures after one year through five years |
11 | — | — | 5 | — | — | ||||||||||||
A |
||||||||||||||||||
Matures after one year through five years |
32 | — | 1 | 32 | 1 | — | ||||||||||||
Matures after five years through ten years |
10 | — | — | 10 | — | — | ||||||||||||
BBB |
||||||||||||||||||
Matures after one year through five years |
73 | 2 | — | 73 | 1 | — | ||||||||||||
Matures after five years through ten years |
29 | — | — | 29 | — | — | ||||||||||||
Total credit default swaps on single name reference entities |
$ | 155 | $ | 2 | $ | 1 | $ | 155 | $ | 2 | $ | — | ||||||
The following table sets forth our credit default swaps where we sell protection on credit default swap index tranches and the fair values as of the dates indicated:
March 31, 2010 | December 31, 2009 | |||||||||||||||||
(Amounts in millions) |
Notional value |
Assets | Liabilities |
Notional value |
Assets | Liabilities | ||||||||||||
Index tranche attachment/detachment point and maturity: |
||||||||||||||||||
9% – 12% matures after one year through five years (1) |
$ | 150 | $ | — | $ | — | $ | 50 | $ | — | $ | — | ||||||
9% – 12% matures after five years through ten years (2) |
150 | 1 | — | 250 | 1 | 1 | ||||||||||||
10% – 15% matures after five years through ten years (3) |
250 | 1 | — | 250 | — | 2 | ||||||||||||
12% – 22% matures after five years through ten years (4) |
248 | 3 | — | 248 | 4 | — | ||||||||||||
15% – 30% matures after five years through ten years (5) |
127 | 3 | — | 127 | 2 | — | ||||||||||||
Total credit default swap index tranches |
925 | 8 | — | 925 | 7 | 3 | ||||||||||||
Customized credit default swap index tranches related to securitization entities: |
||||||||||||||||||
Portion backing third-party borrowings maturing 2017 (6) |
22 | — | 14 | — | — | — | ||||||||||||
Portion backing our interest maturing 2017 (7) |
300 | — | 104 | — | — | — | ||||||||||||
Total customized credit default swap index tranches related to securitization entities |
322 | — | 118 | — | — | — | ||||||||||||
Total credit default swaps on index tranches |
$ | 1,247 | $ | 8 | $ | 118 | $ | 925 | $ | 7 | $ | 3 | ||||||
(1) |
The current attachment/detachment as of March 31, 2010 and December 31, 2009 was 9% – 12%. |
(2) |
The current attachment/detachment as of March 31, 2010 and December 31, 2009 was 9% – 12%. |
(3) |
The current attachment/detachment as of March 31, 2010 and December 31, 2009 was 10% – 15%. |
(4) |
The current attachment/detachment as of March 31, 2010 and December 31, 2009 was 12% – 22%. |
(5) |
The current attachment/detachment as of March 31, 2010 and December 31, 2009 was 14.8% – 30.3%. |
(6) |
Original notional value was $39 million. |
(7) |
Original notional value was $300 million. |
The following table sets forth our holding of available-for-sale fixed maturity securities that include embedded credit derivatives and the fair values as of the dates indicated:
March 31, 2010 | December 31, 2009 | |||||||||||||||||
(Amounts in millions) |
Par value |
Amortized cost |
Fair value |
Par value |
Amortized cost |
Fair value |
||||||||||||
Credit rating: |
||||||||||||||||||
AA |
||||||||||||||||||
Matures after five years through ten years |
$ | 100 | $ | 100 | $ | 97 | $ | 100 | $ | 100 | $ | 96 | ||||||
BBB |
||||||||||||||||||
Matures after five years through ten years |
— | — | — | 100 | 100 | 76 | ||||||||||||
BB |
||||||||||||||||||
Matures after five years through ten years |
— | — | — | 200 | 228 | 148 | ||||||||||||
Total available-for-sale fixed maturity securities that include embedded credit derivatives |
$ | 100 | $ | 100 | $ | 97 | $ | 400 | $ | 428 | $ | 320 | ||||||
|
(6) Fair Value of Financial Instruments
Assets and liabilities that are reflected in the accompanying consolidated financial statements at fair value are not included in the following disclosure of fair value. Such items include cash and cash equivalents, investment securities, separate accounts, securities held as collateral and derivative instruments. Other financial assets and liabilities—those not carried at fair value—are discussed below. Apart from certain of our borrowings and certain marketable securities, few of the instruments discussed below are actively traded and their fair values must often be determined using models. The fair value estimates are made at a specific point in time, based upon available market information and judgments about the financial instruments, including estimates of the timing and amount of expected future cash flows and the credit standing of counterparties. Such estimates do not reflect any premium or discount that could result from offering for sale at one time our entire holdings of a particular financial instrument, nor do they consider the tax impact of the realization of unrealized gains or losses. In many cases, the fair value estimates cannot be substantiated by comparison to independent markets.
The basis on which we estimate fair value is as follows:
Commercial mortgage loans. Based on recent transactions and/or discounted future cash flows, using current market rates.
Restricted commercial mortgage loans. Based on recent transactions and/or discounted future cash flows, using current market rates.
Other invested assets. Based on comparable market transactions, discounted future cash flows, quoted market prices and/or estimates using the most recent data available for the related instrument. Primarily represents short-term investments, limited partnerships accounted for under the cost method and bank loans.
Short-term borrowings. Based on carrying value which approximates fair value since the borrowings are based on variable interest rates that are reset monthly.
Long-term borrowings. Based on market quotes or comparable market transactions.
Non-recourse funding obligations. Based on the then current coupon, revalued based on the London Interbank Offered Rate (“LIBOR”) rate set and current spread assumption based on commercially available data. The model is a floating rate coupon model using the spread assumption to derive the valuation.
Borrowings related to securitization entities. Based on market quotes or comparable market transactions.
Investment contracts. Based on expected future cash flows, discounted at current market rates for annuity contracts or institutional products.
The following represents the fair value of financial assets and liabilities that are not required to be carried at fair value as of the dates indicated:
(Amounts in millions) |
March 31, 2010 | December 31, 2009 | ||||||||||||||||||
Notional amount |
Carrying
amount |
Fair
value |
Notional
amount |
Carrying
amount |
Fair
value |
|||||||||||||||
Assets: |
||||||||||||||||||||
Commercial mortgage loans |
$ | (1) | $ | 7,336 | $ | 7,077 | $ | (1) | $ | 7,499 | $ | 7,213 | ||||||||
Restricted commercial mortgage loans (2) |
(1) | 552 | 554 | (1) | — | — | ||||||||||||||
Other invested assets |
(1) | 1,456 | 1,460 | (1) | 1,766 | 1,769 | ||||||||||||||
Liabilities: |
||||||||||||||||||||
Short-term borrowings (3) |
(1) | 930 | 930 | (1) | 930 | 930 | ||||||||||||||
Long-term borrowings (3) |
(1) | 3,638 | 3,470 | (1) | 3,641 | 3,291 | ||||||||||||||
Non-recourse funding obligations (3) |
(1) | 3,437 | 1,718 | (1) | 3,443 | 1,674 | ||||||||||||||
Borrowings related to securitization |
(1) | 493 | 510 | (1) | — | — | ||||||||||||||
Investment contracts |
(1) | 21,107 | 21,375 | (1) | 21,515 | 21,743 | ||||||||||||||
Performance guarantees, principally letters of credit |
77 | — | — | 117 | — | — | ||||||||||||||
Other firm commitments: |
||||||||||||||||||||
Commitments to fund limited partnerships |
187 | — | — | 194 | — | — | ||||||||||||||
Ordinary course of business lending commitments |
9 | — | — | — | — | — |
(1) |
These financial instruments do not have notional amounts. |
(2) |
See note 7 for additional information related to consolidated securitization entities. |
(3) |
See note 9 for additional information related to borrowings. |
Recurring Fair Value Measurements
We have fixed maturity, equity and trading securities, derivatives, embedded derivatives, securities held as collateral, separate account assets and certain other financial instruments, which are carried at fair value. Below is a description of the valuation techniques and inputs used to determine fair value by class of instrument.
Fixed maturity, equity and trading securities
The valuations of fixed maturity, equity and trading securities are determined using a market approach, income approach or a combination of the market and income approach depending on the type of instrument and availability of information.
We utilize certain third-party data providers when determining fair value. We consider information obtained from third-party pricing services as well as third-party broker provided prices, or broker quotes, in our determination of fair value. Additionally, we utilize internal models to determine the valuation of securities using an income approach where the inputs are based on third-party provided market inputs. While we consider the valuations provided by third-party pricing services and broker quotes, management determines the fair value of our investment securities after considering all relevant and available information. We also obtain an understanding of the valuation methodologies and procedures used by third-party data providers to ensure sufficient understanding to evaluate the valuation data received and determine the appropriate fair value.
In general, we first obtain valuations from pricing services. If a price is not supplied by a pricing service, we will typically seek a broker quote. For certain private fixed maturity securities where we do not obtain valuations from pricing services, we utilize an internal model to determine fair value since transactions for identical securities are not readily observable and these securities are not typically valued by pricing services. For all securities, excluding certain private fixed maturity securities, if neither a pricing service nor broker quote valuation is available, we determine fair value using internal models.
For pricing services, we obtain an understanding of the pricing methodologies and procedures for each type of instrument. In general, a pricing service does not provide a price for a security if sufficient information is not readily available to determine fair value or if such security is not in the specific sector or class covered by a particular pricing service. Given our understanding of the pricing methodologies and procedures of pricing services, the securities valued by pricing services are typically classified as Level 2 unless we determine the valuation process for a security or group of securities utilizes significant unobservable inputs.
For private fixed maturity securities, we utilize an internal model to determine fair value and utilize public bond spreads by sector, rating and maturity to develop the market rate that would be utilized for a similar public bond. We then add an additional premium to the public bond spread to adjust for the liquidity and other features of our private placements. We utilize the estimated market yield to discount the expected cash flows of the security to determine fair value. We assign each security an internal rating to determine appropriate public bond spread that should be utilized in the valuation. While we generally consider the public bond spreads by sector and maturity to be observable inputs, we evaluate the similarities of our private placement with the public bonds to determine whether the spreads utilized would be considered observable inputs for the private placement being valued. To determine the significance of unobservable inputs, we calculate the impact on the valuation from the unobservable input and will classify a security as Level 3 when the impact on the valuation exceeds 10%.
For broker quotes, we discuss the valuation methodology utilized by the third party but cannot typically obtain sufficient evidence to determine the valuation does not include significant unobservable inputs. Accordingly, we typically classify the securities where fair value is based on our consideration of broker quotes as Level 3 measurements.
For remaining securities priced using internal models, we maximize the use of observable inputs but typically utilize significant unobservable inputs to determine fair value. Accordingly, the valuations are typically classified as Level 3.
The following table summarizes the primary sources considered when determining fair value of each class of fixed maturity securities as of March 31, 2010.
(Amounts in millions) |
Total | Level 1 | Level 2 | Level 3 | ||||||||
U.S. government, agencies and government-sponsored enterprises: |
||||||||||||
Pricing services |
$ | 3,012 | $ | — | $ | 3,012 | $ | — | ||||
Broker quotes |
1 | — | — | 1 | ||||||||
Internal models |
16 | — | 9 | 7 | ||||||||
Total U.S. government, agencies and government-sponsored enterprises |
3,029 | — | 3,021 | 8 | ||||||||
Tax-exempt: |
||||||||||||
Pricing services |
1,434 | — | 1,434 | — | ||||||||
Internal models |
2 | — | — | 2 | ||||||||
Total tax-exempt |
1,436 | — | 1,434 | 2 | ||||||||
Government—non-U.S.: |
||||||||||||
Pricing services |
2,385 | — | 2,385 | — | ||||||||
Internal models |
29 | — | 28 | 1 | ||||||||
Total government—non-U.S. |
2,414 | — | 2,413 | 1 | ||||||||
U.S. corporate: |
||||||||||||
Pricing services |
18,782 | — | 18,782 | — | ||||||||
Broker quotes |
260 | — | — | 260 | ||||||||
Internal models |
3,211 | — | 2,565 | 646 | ||||||||
Total U.S. corporate |
22,253 | — | 21,347 | 906 | ||||||||
Corporate—non-U.S.: |
||||||||||||
Pricing services |
10,867 | — | 10,768 | 99 | ||||||||
Broker quotes |
214 | — | — | 214 | ||||||||
Internal models |
2,070 | — | 1,875 | 195 | ||||||||
Total corporate—non-U.S. |
13,151 | — | 12,643 | 508 | ||||||||
Residential mortgage-backed: |
||||||||||||
Pricing services |
3,639 | — | 3,639 | — | ||||||||
Broker quotes |
29 | — | — | 29 | ||||||||
Internal models |
142 | — | — | 142 | ||||||||
Total residential mortgage-backed |
3,810 | — | 3,639 | 171 | ||||||||
Commercial mortgage-backed: |
||||||||||||
Pricing services |
3,646 | — | 3,646 | — | ||||||||
Broker quotes |
7 | — | — | 7 | ||||||||
Internal models |
40 | — | — | 40 | ||||||||
Total commercial mortgage-backed |
3,693 | — | 3,646 | 47 | ||||||||
Other asset-backed: |
||||||||||||
Pricing services |
1,834 | — | 1,834 | — | ||||||||
Broker quotes |
155 | — | — | 155 | ||||||||
Internal models |
265 | — | 11 | 254 | ||||||||
Total other asset-backed |
2,254 | — | 1,845 | 409 | ||||||||
Total fixed maturity securities |
$ | 52,040 | $ | — | $ | 49,988 | $ | 2,052 | ||||
The following table summarizes the primary sources considered when determining fair value of equity securities as of March 31, 2010.
(Amounts in millions) |
Total | Level 1 | Level 2 | Level 3 | ||||||||
Pricing services |
$ | 112 | $ | 24 | $ | 88 | $ | — | ||||
Broker quotes |
5 | — | — | 5 | ||||||||
Internal models |
62 | — | — | 62 | ||||||||
Total equity securities |
$ | 179 | $ | 24 | $ | 88 | $ | 67 | ||||
The following table summarizes the primary sources considered when determining fair value of trading securities as of March 31, 2010.
(Amounts in millions) |
Total | Level 1 | Level 2 | Level 3 | ||||||||
Pricing services |
$ | 25 | $ | — | $ | 25 | $ | — | ||||
Broker quotes |
142 | — | — | 142 | ||||||||
Total trading securities |
$ | 167 | $ | — | $ | 25 | $ | 142 | ||||
Restricted other invested assets related to securitization entities
We have trading securities related to securitization entities that are classified as restricted other invested assets and are carried at fair value. The trading securities represent asset-backed securities. The valuation for trading securities is determined using a market approach and/or an income approach depending on the availability of information. For certain highly rated asset-backed securities, there is observable market information for transactions of the same or similar instruments and is provided to us by a third-party pricing service and is classified as Level 2. For certain securities that are not actively traded, we determine fair value after considering third-party broker provided prices or discounted expected cash flows using current yields for similar securities and classify these valuations as Level 3.
Securities lending and derivative counterparty collateral
The fair value of securities held as collateral is primarily based on Level 2 inputs from market information for the collateral that is held on our behalf by the custodian. We determine fair value after considering prices obtained by third-party pricing services.
Separate account assets
The fair value of separate account assets is based on the quoted prices of the underlying fund investments and, therefore, represents Level 1 pricing.
Derivatives
In determining the fair value of derivatives, we consider the counterparty collateral arrangements and rights of set-off when determining whether any incremental adjustment should be made for both the counterparty’s and our non-performance risk. As a result of these counterparty arrangements, we determined no adjustment for our non-performance risk was required to our derivative liabilities.
Interest rate swaps. The valuation of interest rate swaps is determined using an income approach. The primary inputs into the valuation represent the forward interest rate swap curve, which is generally considered an observable input, and results in the derivative being classified as Level 2. For certain swaps, there are features that provide an option to the counterparty to terminate the swap at specified dates and would be considered a significant unobservable input and results in the fair value measurement of the derivative being classified as Level 3.
Interest rate swaps related to securitization entities. The valuation of interest rate swaps related to securitization entities is determined using an income approach. The primary input into the valuation represent the forward interest rate swap curve, which is generally considered an observable input, and results in the derivative being classified as Level 2.
Inflation indexed swaps. The valuation of inflation indexed swaps is determined using an income approach. The primary inputs into the valuation represent the forward interest rate swap curve and consumer price index, which are generally considered observable inputs, and results in the derivative being classified as Level 2.
Interest rate swaptions. The valuation of interest rate swaptions is determined using an income approach. The primary inputs into the valuation represent the forward interest rate swap curve, which is generally considered an observable input, forward interest rate volatility and time value component associated with the optionality in the derivative. As a result of the significant unobservable inputs associated with the forward interest rate volatility input, the derivative is classified as Level 3.
Foreign currency swaps. The valuation of foreign currency swaps is determined using an income approach. The primary inputs into the valuation represent the forward interest rate swap curve and foreign currency exchange rates, both of which are considered an observable input, and results in the derivative being classified as Level 2.
Credit default swaps. We have both single name credit default swaps and index tranche credit default swaps. For single name credit default swaps, we utilize an income approach to determine fair value based on using current market information for the credit spreads of the reference entity, which is considered observable inputs based on the reference entities of our derivatives and results in these derivatives being classified as Level 2. For index tranche credit default swaps, we utilize an income approach that utilizes current market information related to credit spreads and expected defaults and losses associated with the reference entities that comprise the respective index associated with each derivative. There are significant unobservable inputs associated with the timing and amount of losses from the reference entities as well as the timing or amount of losses, if any, that will be absorbed by our tranche. Accordingly, the index tranche credit default swaps are classified as Level 3.
Credit default swaps related to securitization entities. Credit default swaps related to securitization entities represent customized index tranche credit default swaps and are valued using a similar methodology as described above for index tranche credit default swaps. We determine fair value of these credit default swaps after considering both the valuation methodology described above as well as the valuation provided by the derivative counterparty. In addition to the valuation methodology and inputs described for index tranche credit default swaps, these customized credit default swaps contain a feature that permits the securitization entity to provide the par value of underlying assets in the securitization entity to settle any losses under the credit default swap. The valuation of this settlement feature is dependent upon the valuation of the underlying assets and the timing and amount of any expected loss on the credit default swap, which is considered a significant unobservable input. Accordingly, these customized index tranche credit default swaps related to securitization entities are classified as Level 3.
Equity index options. We have equity index options associated with various equity indices. The valuation of equity index options is determined using an income approach. The primary inputs into the valuation represent forward interest rate volatility and time value component associated with the optionality in the derivative, which are considered significant unobservable inputs in most instances. The equity index volatility surface is determined based on market information that is not readily observable and is developed based upon inputs received from several third-party sources. Accordingly, these options are classified as Level 3
Financial futures. The fair value of financial futures is based on the closing exchange prices. Accordingly, these financial futures are classified as Level 1. The period end valuation is zero as a result of settling the margins on these contracts on a daily basis.
Other foreign currency contracts. We have certain foreign currency options classified as other foreign currency contracts. The valuation of foreign currency options is determined using an income approach. The primary inputs into the valuation represent the forward interest rate swap curve, foreign currency exchange rates, forward interest rate and foreign currency exchange rate volatility and time value component associated with the optionality in the derivative. As a result of the significant unobservable inputs associated with the forward interest rate and foreign currency exchange rate volatility input, the derivative is classified as Level 3.
GMWB embedded derivatives
We are required to bifurcate an embedded derivative for certain features associated with annuity products and related reinsurance agreements where we provide a GMWB to the policyholder and are required to record the GMWB embedded derivative at fair value. The valuation of our GMWB embedded derivative is based on an income approach that incorporates inputs such as forward interest rates, equity index volatility, equity index and fund correlation, and policyholder assumptions such as utilization, lapse and mortality. In addition to these inputs, we also consider risk and expense margins when determining the projected cash flows that would be determined by another market participant. While the risk and expense margins are considered in determining fair value, these inputs do not have a significant impact on the valuation.
For GMWB liabilities, non-performance risk is integrated into the discount rate. The discount rate utilized in our valuation was based on the swap curve, which included the credit risk of an instrument rated “AA” and incorporated the non-performance risk of our GMWB liabilities. In recent periods, the swap curve has been lower than the U.S. Treasury curve for certain points on the curve. For the points where the swap curve is lower than the U.S. Treasury curve, we utilize the U.S. Treasury curve as our discount rate. As of March 31, 2010 and December 31, 2009, the impact of non-performance risk on our GMWB valuation was not material.
To determine whether the use of the swap curve was the appropriate discount rate to reflect the non-performance risk of the GMWB liabilities, we evaluate the non-performance risk in our liabilities based on a hypothetical exit market transaction as there is no exit market for these types of liabilities. A hypothetical exit market can be viewed as a hypothetical transfer of the liability to another similarly rated insurance company which would closely resemble a reinsurance transaction. Another hypothetical exit market transaction can be viewed as a hypothetical transaction from the perspective of the GMWB policyholder. After considering all relevant factors in assessing whether any additional adjustment to the discount rate for non-performance risk was necessary, including assumptions we expect market participants would utilize in a hypothetical exit market transaction, we determined that no incremental adjustment to the discount rate was necessary for our GMWB liabilities that are recorded at fair value. We believe that a hypothetical exit market participant would use a similar discount rate to value the liabilities and would not incorporate changes in non-performance risk in the discount rate other than the implied credit spread incorporated in the swap curve.
For equity index volatility, we determine the projected equity market volatility using both historical volatility and projected near-term equity market volatility with more significance being placed on projected and recent historical data.
Equity index and fund correlations are determined based on historical price observations for the fund and equity index.
For policyholder assumptions, we use our expected lapse, mortality and utilization assumptions and update these assumptions for our actual experience, as necessary. For our lapse assumption, we adjust our base lapse assumption by policy based on a combination of the policyholder’s current account value and GMWB benefit.
We classify the GMWB valuation as Level 3 based on having significant unobservable inputs. We evaluate the inputs and methodologies used to determine fair value based on how we expect a market participant would determine exit value. As stated above, there is no exit market or market participants for the GMWB embedded derivatives. Accordingly, we evaluate our inputs and resulting fair value based on a hypothetical exit market and hypothetical market participants. A hypothetical exit market could be viewed as a transaction that would closely resemble reinsurance. While reinsurance transactions for this type of product are not an observable input, we consider this type of hypothetical exit market when evaluating our inputs and determining that our inputs are consistent with that of a hypothetical market participant.
Borrowings related to securitization entities
We record certain borrowings related to securitization entities at fair value. The fair value of these borrowings is determined using either a market approach or income approach, depending on the instrument and availability of market information. Given the unique characteristics of the securitization entities that issued these borrowings as well as the lack of comparable instruments, we determine fair value considering the valuation of the underlying assets held by the securitization entities and any derivatives, as well as any unique characteristics of the borrowings that may impact the valuation. After considering all relevant inputs, we determine fair value of the borrowings using the net valuation of the underlying assets and derivatives that are backing the borrowings. Accordingly, these instruments are classified as Level 3.
The following tables set forth our assets and liabilities by class of instrument that are measured at fair value on a recurring basis as of the dates indicated:
March 31, 2010 | ||||||||||||||
(Amounts in millions) |
Total | Level 1 | Level 2 | Level 3 | ||||||||||
Assets |
||||||||||||||
Investments: |
||||||||||||||
Fixed maturity securities: |
||||||||||||||
U.S. government, agencies and government-sponsored enterprises |
$ | 3,029 | $ | — | $ | 3,021 | $ | 8 | ||||||
Tax-exempt |
1,436 | — | 1,434 | 2 | ||||||||||
Government—non-U.S. |
2,414 | — | 2,413 | 1 | ||||||||||
U.S. corporate |
22,253 | — | 21,347 | 906 | ||||||||||
Corporate—non-U.S. |
13,151 | — | 12,643 | 508 | ||||||||||
Residential mortgage-backed |
3,810 | — | 3,639 | 171 | ||||||||||
Commercial mortgage-backed |
3,693 | — | 3,646 | 47 | ||||||||||
Other asset-backed |
2,254 | — | 1,845 | 409 | ||||||||||
Total fixed maturity securities |
52,040 | — | 49,988 | 2,052 | ||||||||||
Equity securities |
179 | 24 | 88 | 67 | ||||||||||
Other invested assets: |
||||||||||||||
Trading securities |
167 | — | 25 | 142 | ||||||||||
Derivative assets: |
||||||||||||||
Interest rate swaps |
674 | — | 670 | 4 | ||||||||||
Inflation indexed swaps |
1 | — | 1 | — | ||||||||||
Foreign currency swaps |
122 | — | 122 | — | ||||||||||
Interest rate swaptions |
14 | — | — | 14 | ||||||||||
Credit default swaps |
10 | — | 3 | 7 | ||||||||||
Equity index options |
34 | — | — | 34 | ||||||||||
Other foreign currency contracts |
4 | — | — | 4 | ||||||||||
Total derivative assets |
859 | — | 796 | 63 | ||||||||||
Securities lending collateral |
593 | — | 593 | — | ||||||||||
Derivatives counterparty collateral |
137 | — | 137 | — | ||||||||||
Restricted other invested assets related to securitization entities |
377 | — | 203 | 174 | ||||||||||
Total other invested assets |
2,133 | — | 1,754 | 379 | ||||||||||
Reinsurance recoverable (1) |
(6 | ) | — | — | (6 | ) | ||||||||
Separate account assets |
11,261 | 11,261 | — | — | ||||||||||
Total assets |
$ | 65,607 | $ | 11,285 | $ | 51,830 | $ | 2,492 | ||||||
Liabilities |
||||||||||||||
Policyholder account balances (2) |
$ | 145 | $ | — | $ | — | $ | 145 | ||||||
Derivative liabilities: |
||||||||||||||
Interest rate swaps |
214 | — | 214 | — | ||||||||||
Interest rate swaps related to securitization entities |
16 | — | 16 | — | ||||||||||
Inflation indexed swaps |
13 | — | 13 | — | ||||||||||
Interest rate swaptions |
18 | — | — | 18 | ||||||||||
Credit default swaps |
1 | — | — | 1 | ||||||||||
Credit default swaps related to securitization entities |
118 | — | — | 118 | ||||||||||
Equity index options |
4 | — | — | 4 | ||||||||||
Total derivative liabilities |
384 | — | 243 | 141 | ||||||||||
Borrowings related to securitization entities |
58 | — | — | 58 | ||||||||||
Total liabilities |
$ | 587 | $ | — | $ | 243 | $ | 344 | ||||||
(1) |
Represents embedded derivatives associated with the reinsured portion of our GMWB liabilities. |
(2) |
Represents embedded derivatives associated with our GMWB liabilities, excluding the impact of reinsurance. |
December 31, 2009 | ||||||||||||||
(Amounts in millions) |
Total | Level 1 | Level 2 | Level 3 | ||||||||||
Assets |
||||||||||||||
Investments: |
||||||||||||||
Fixed maturity securities: |
||||||||||||||
U.S. government, agencies and government-sponsored enterprises |
$ | 2,602 | $ | — | $ | 2,586 | $ | 16 | ||||||
Tax-exempt |
1,544 | — | 1,542 | 2 | ||||||||||
Government—non-U.S. |
2,384 | — | 2,377 | 7 | ||||||||||
U.S. corporate |
21,412 | — | 20,339 | 1,073 | ||||||||||
Corporate—non-U.S. |
12,551 | — | 12,047 | 504 | ||||||||||
Residential mortgage-backed |
3,227 | — | 1,746 | 1,481 | ||||||||||
Commercial mortgage-backed |
3,617 | — | 59 | 3,558 | ||||||||||
Other asset-backed |
2,415 | — | 996 | 1,419 | ||||||||||
Total fixed maturity securities |
49,752 | — | 41,692 | 8,060 | ||||||||||
Equity securities |
159 | 42 | 108 | 9 | ||||||||||
Other invested assets: |
||||||||||||||
Trading securities |
174 | — | 29 | 145 | ||||||||||
Derivative assets: |
||||||||||||||
Interest rate swaps |
709 | — | 706 | 3 | ||||||||||
Foreign currency swaps |
125 | — | 125 | — | ||||||||||
Interest rate swaptions |
54 | — | — | 54 | ||||||||||
Credit default swaps |
11 | — | 5 | 6 | ||||||||||
Equity index options |
39 | — | — | 39 | ||||||||||
Other foreign currency contracts |
8 | — | — | 8 | ||||||||||
Total derivative assets |
946 | — | 836 | 110 | ||||||||||
Securities lending collateral |
853 | — | 853 | — | ||||||||||
Derivatives counterparty collateral |
148 | — | 148 | — | ||||||||||
Total other invested assets |
2,121 | — | 1,866 | 255 | ||||||||||
Reinsurance recoverable (1) |
(5 | ) | — | — | (5 | ) | ||||||||
Separate account assets |
11,002 | 11,002 | — | — | ||||||||||
Total assets |
$ | 63,029 | $ | 11,044 | $ | 43,666 | $ | 8,319 | ||||||
Liabilities |
||||||||||||||
Policyholder account balances (2) |
$ | 175 | $ | — | $ | — | $ | 175 | ||||||
Derivative liabilities: |
||||||||||||||
Interest rate swaps |
188 | — | 186 | 2 | ||||||||||
Inflation indexed swaps |
21 | — | 21 | — | ||||||||||
Interest rate swaptions |
67 | — | — | 67 | ||||||||||
Credit default swap |
3 | — | 3 | — | ||||||||||
Equity index options |
2 | — | — | 2 | ||||||||||
Total derivative liabilities |
281 | — | 210 | 71 | ||||||||||
Total liabilities |
$ | 456 | $ | — | $ | 210 | $ | 246 | ||||||
(1) |
Represents embedded derivatives associated with the reinsured portion of our GMWB liabilities. |
(2) |
Represents embedded derivatives associated with our GMWB liabilities, excluding the impact of reinsurance. |
The following tables present additional information about assets measured at fair value on a recurring basis and for which we have utilized significant unobservable (Level 3) inputs to determine fair value as of or for the dates indicated:
Beginning
balance as of January 1, 2010 |
Total realized and
unrealized gains (losses) |
Purchases,
sales, issuances and settlements, net |
Transfer
in Level 3 |
Transfer
out of Level 3 |
Ending
balance as of March 31, 2010 |
Total gains
(losses) included in net income (loss) attributable to assets still held |
|||||||||||||||||||||||||
(Amounts in millions) |
Included in
net income (loss) |
Included
in OCI |
|||||||||||||||||||||||||||||
Fixed maturity securities: |
|||||||||||||||||||||||||||||||
U.S. government, agencies and government-sponsored enterprises |
$ | 16 | $ | — | $ | — | $ | (1 | ) | $ | 3 | $ | (10 | ) | $ | 8 | $ | — | |||||||||||||
Tax-exempt |
2 | — | — | — | — | — | 2 | — | |||||||||||||||||||||||
Government—non-U.S. |
7 | — | — | — | — | (6 | ) | 1 | — | ||||||||||||||||||||||
U.S. corporate |
1,073 | — | 15 | 60 | 25 | (267 | ) | 906 | 4 | ||||||||||||||||||||||
Corporate—non-U.S. |
504 | 1 | 1 | 9 | 59 | (66 | ) | 508 | 1 | ||||||||||||||||||||||
Residential mortgage-backed |
1,481 | — | 3 | 106 | — | (1,419 | ) | 171 | — | ||||||||||||||||||||||
Commercial mortgage-backed |
3,558 | 1 | 4 | (62 | ) | — | (3,454 | ) | 47 | — | |||||||||||||||||||||
Other asset-backed |
1,419 | (16 | ) | 21 | (4 | ) | 10 | (1,021 | ) | 409 | (16 | ) | |||||||||||||||||||
Total fixed maturity securities |
8,060 | (14 | ) | 44 | 108 | 97 | (6,243 | ) | 2,052 | (11 | ) | ||||||||||||||||||||
Equity securities |
9 | — | (1 | ) | 7 | 52 | — | 67 | — | ||||||||||||||||||||||
Other invested assets: |
|||||||||||||||||||||||||||||||
Trading securities |
145 | 8 | — | (11 | ) | — | — | 142 | 8 | ||||||||||||||||||||||
Derivative assets: |
|||||||||||||||||||||||||||||||
Interest rate swaps |
3 | 1 | — | — | — | — | 4 | 2 | |||||||||||||||||||||||
Interest rate swaptions |
54 | (10 | ) | — | (30 | ) | — | — | 14 | (5 | ) | ||||||||||||||||||||
Credit default swaps |
6 | 1 | — | — | — | — | 7 | 1 | |||||||||||||||||||||||
Equity index options |
39 | (25 | ) | — | 20 | — | — | 34 | (24 | ) | |||||||||||||||||||||
Other foreign currency contracts |
8 | (4 | ) | — | — | — | — | 4 | (4 | ) | |||||||||||||||||||||
Total derivative assets |
110 | (37 | ) | — | (10 | ) | — | — | 63 | (30 | ) | ||||||||||||||||||||
Total other invested assets |
255 | (29 | ) | — | (21 | ) | — | — | 205 | (22 | ) | ||||||||||||||||||||
Restricted other invested assets related to securitization entities (1) |
— | — | — | — | 174 | — | 174 | — | |||||||||||||||||||||||
Reinsurance recoverable (2) |
(5 | ) | (1 | ) | — | — | — | — | (6 | ) | (1 | ) | |||||||||||||||||||
Total Level 3 assets |
$ | 8,319 | $ | (44 | ) | $ | 43 | $ | 94 | $ | 323 | $ | (6,243 | ) | $ | 2,492 | $ | (34 | ) | ||||||||||||
(1) |
Relates to the consolidation of certain securitization entities as of January 1, 2010. See note 7 for additional information related to consolidated securitization entities. |
(2) |
Represents embedded derivatives associated with the reinsured portion of our GMWB liabilities. |
Beginning
balance as of January 1, 2009 |
Total realized and
unrealized gains (losses) |
Purchases,
sales, issuances and settlements, net |
Transfer
in Level 3 |
Transfer
out of Level 3 |
Ending
balance as of March 31, 2009 |
Total gains
(losses) included in net income (loss) attributable to assets still held |
||||||||||||||||||||||
(Amounts in millions) |
Included in
net income (loss) |
Included
in OCI |
||||||||||||||||||||||||||
Fixed maturity securities |
$ | 10,560 | $ | (292 | ) | $ | 260 | $ | (311 | ) | $ | 2,697 | $ | (1,911 | ) | $ | 11,003 | $ | (296 | ) | ||||||||
Equity securities |
60 | — | — | 1 | — | — | 61 | — | ||||||||||||||||||||
Other invested assets (1) |
1,058 | (251 | ) | — | (21 | ) | 76 | — | 862 | (271 | ) | |||||||||||||||||
Reinsurance recoverable |
18 | 1 | — | (1 | ) | — | — | 18 | 1 | |||||||||||||||||||
Total Level 3 assets |
$ | 11,696 | $ | (542 | ) | $ | 260 | $ | (332 | ) | $ | 2,773 | $ | (1,911 | ) | $ | 11,944 | $ | (566 | ) | ||||||||
(1) |
Includes certain trading securities and derivative assets. |
As included in the Level 3 tables above, the total fixed maturity securities classified as Level 3 measurements decreased by $6.0 billion and increased by $443 million for the three months ended March 31, 2010 and 2009, respectively. The decrease in Level 3 measurements in 2010 was primarily the result of securities where the fair value measurement was classified as Level 3 as of December 31, 2009 but was not classified as Level 3 as of March 31, 2010. The change in classification primarily resulted from a change in the liquidity for mortgage-backed and asset-backed securities. The current market conditions for these securities have improved and we no longer consider the valuation to have significant unobservable inputs as a result of illiquidity. Accordingly, we classified the resulting fair value measurements after considering the pricing source and inputs used in the determination of fair value of the security and determined certain securities should be classified as Level 2.
The following tables present additional information about liabilities measured at fair value on a recurring basis and for which we have utilized significant unobservable (Level 3) inputs to determine fair value as of or for the dates indicated:
Beginning
balance as of January 1, 2010 |
Total realized and
unrealized (gains) losses |
Purchases,
sales, issuances and settlements, net |
Transfer
in Level 3 |
Transfer
out of Level 3 |
Ending
balance as of March 31, 2010 |
Total (gains)
losses included in net (income) loss attributable to liabilities still held |
|||||||||||||||||||||
(Amounts in millions) |
Included in
net (income) loss |
Included
in OCI |
|||||||||||||||||||||||||
Policyholder account balances (1 ) |
$ | 175 | $ | (39 | ) | $ | 9 | $ | — | $ | — | $ | — | $ | 145 | $ | (37 | ) | |||||||||
Derivative liabilities: |
|||||||||||||||||||||||||||
Interest rate swaps |
2 | (2 | ) | — | — | — | — | — | (2 | ) | |||||||||||||||||
Interest rate swaptions |
67 | (32 | ) | — | (17 | ) | — | — | 18 | (15 | ) | ||||||||||||||||
Credit default swaps |
— | 1 | — | — | — | — | 1 | 1 | |||||||||||||||||||
Credit default swaps related to securitization entities (2) |
— | (5 | ) | — | 2 | 121 | — | 118 | (5 | ) | |||||||||||||||||
Equity index options |
2 | 3 | — | (1 | ) | — | — | 4 | 3 | ||||||||||||||||||
Total derivative liabilities |
71 | (35 | ) | — | (16 | ) | 121 | — | 141 | (18 | ) | ||||||||||||||||
Borrowings related to securitization entities (2) |
— | (2 | ) | — | — | 60 | — | 58 | (2 | ) | |||||||||||||||||
Total Level 3 liabilities |
$ | 246 | $ | (76 | ) | $ | 9 | $ | (16 | ) | $ | 181 | $ | — | $ | 344 | $ | (57 | ) | ||||||||
( 1 ) |
Represents embedded derivatives associated with our GMWB liabilities, excluding the impact of reinsurance. |
(2) |
Relates to the consolidation of certain securitization entities as of January 1, 2010. See note 7 for additional information related to consolidated securitization entities. |
Beginning
balance as of January 1, 2009 |
Total realized and
unrealized (gains) losses |
Purchases,
sales, issuances and settlements, net |
Transfer
in Level 3 |
Transfer
out of Level 3 |
Ending
balance as of March 31, 2009 |
Total (gains)
losses included in net (income) loss attributable to liabilities still held |
||||||||||||||||||
(Amounts in millions) |
Included in
net (income) loss |
Included
in OCI |
||||||||||||||||||||||
Policyholder account balances |
$ | 878 | $ | 39 | $ | — | $ | 6 | $ | — | $ | — | $ | 923 | $ | 44 | ||||||||
Other liabilities ( 1 ) |
68 | 5 | — | — | — | — | 73 | 5 | ||||||||||||||||
Total Level 3 liabilities |
$ | 946 | $ | 44 | $ | — | $ | 6 | $ | — | $ | — | $ | 996 | $ | 49 | ||||||||
(1 ) |
Represents derivative liabilities. |
Realized and unrealized gains (losses) on Level 3 assets and liabilities are primarily reported in either net investment gains (losses) within the consolidated statements of income or OCI within stockholders’ equity based on the appropriate accounting treatment for the instrument.
Purchases, sales, issuances and settlements, net, represent the activity that occurred during the period that results in a change of the asset or liability but does not represent changes in fair value for the instruments held at the beginning of the period. Such activity primarily consists of purchases and sales of fixed maturity, equity and trading securities and purchases and settlements of derivative instruments.
Purchases, sales, issuances and settlements, net, presented for policyholder account balances represent the issuances and settlements of embedded derivatives associated with our GMWB liabilities where: issuances are characterized as the change in fair value associated with the product fees recognized that are attributed to the embedded derivative to equal the expected future benefit costs upon issuance and settlements are characterized as the change in fair value upon exercising the embedded derivative instrument, effectively representing a settlement of the embedded derivative instrument. We have shown these changes in fair value separately based on the classification of this activity as effectively issuing and settling the embedded derivative instrument with all remaining changes in the fair value of these embedded derivative instruments being shown separately in the category labeled “included in net (income) loss” in the tables presented above.
The amount presented for unrealized gains (losses) for assets and liabilities still held as of the reporting date primarily represents impairments for available-for-sale securities, accretion on certain fixed maturity securities, changes in fair value of trading securities and certain derivatives and changes in fair value of embedded derivatives associated with our GMWB liabilities that existed as of the reporting date, which were recorded in net investment gains (losses).
Non-Recurring Fair Value Measurements
We hold investments in bank loans that are recorded at the lower of cost or fair value and are recorded in other invested assets. As of March 31, 2010, no bank loans were recorded at fair value as cost was lower than their respective fair values; therefore, there were no fair value loss adjustments for the three months ended March 31, 2010.
|
(7) Variable Interest and Securitization Entities
VIEs are generally entities that have either a total equity investment that is insufficient to permit the entity to finance its activities without additional subordinated financial support or whose equity investors lack the characteristics of a controlling financial interest. We evaluate VIEs to determine whether we are the primary beneficiary and are required to consolidate the assets and liabilities of the entity. The determination of the primary beneficiary for a VIE can be complex and requires management judgment regarding the expected results of the entity and who directs the activities of the entity that most significantly impact the economic results of the VIE. Our primary involvement related to VIEs includes:
• |
asset securitization transactions, |
• |
certain investments and |
• |
certain mortgage insurance policies. |
(a) Asset securitizations
We have used former affiliates and third-party entities to facilitate asset securitizations. Disclosure requirements related to off-balance sheet arrangements encompass a broader array of arrangements than those at risk for consolidation. These arrangements include transactions with term securitization entities, as well as transactions with conduits that are sponsored by third parties.
The following table summarizes the total securitized assets as of the dates indicated:
(Amounts in millions) |
March 31,
2010 |
December 31, 2009 |
||||
Receivables secured by: |
||||||
Commercial mortgage loans |
$ | — | $ | 574 | ||
Fixed maturity securities |
110 | 123 | ||||
Other assets |
169 | 236 | ||||
Total securitized assets not required to be consolidated |
279 | 933 | ||||
Total securitized assets required to be consolidated |
631 | — | ||||
Total securitized assets |
$ | 910 | $ | 933 | ||
Financial support for certain securitization entities was provided under credit support agreements, in which we provided limited recourse for a maximum of $117 million of credit losses as of March 31, 2010. These agreements will remain in place throughout the life of the related entities. Included in this amount was $40 million for the limited recourse related to one of our commercial mortgage loan entities that was required to be consolidated with assets of $129 million as of March 31, 2010. There were no amounts recorded for these limited recourse liabilities as of March 31, 2010 and December 31, 2009.
(b) Securitization and Variable Interest Entities Not Required To Be Consolidated
We are involved in certain securitization and VIEs where we are not required to consolidate the securitization entity.
Asset securitizations. We transferred assets to securitization entities that would be considered VIEs but we were not required to consolidate the securitization entities. These securitization entities were designed to have significant limitations on the types of assets owned and the types and extent of permitted activities and decision making rights. We evaluated our involvement in the entities’ design and our decision making ability regarding the assets held by the securitization entity and determined we would generally not be the party with power to direct the activities that significantly impact the economic performance of the entity.
In certain instances, we determined we were the party with power but did not have a variable interest in the entity. Our interest in the entities included servicer fees and excess interest, where our benefit from our excess interest holding is subordinated to third-party holdings. Based on the composition of the assets in the securitization entity, there were no reasonable scenarios that would result in our interest receiving any significant benefit for the entity. As a result, our interest would not be considered a variable interest in the entity as a result of meeting certain requirements in the accounting guidance.
Amounts recognized in our consolidated financial statements related to our involvement with entities used to facilitate asset securitization transactions where the securitization entity was not required to be consolidated as of the dates indicated:
March 31, 2010 | December 31, 2009 | |||||||||||
(Amounts in millions) |
Cost |
Fair
value |
Cost |
Fair
value |
||||||||
Retained interests—assets |
$ | 3 | $ | 4 | $ | 79 | $ | 44 | ||||
Total |
$ | 3 | $ | 4 | $ | 79 | $ | 44 | ||||
The decrease in the amounts presented above were primarily a result of having to consolidate certain securitization entities as discussed above.
In certain securitization transactions, we retained an interest in transferred assets. Those interests take various forms and may be subject to credit, prepayment and interest rate risks. When we securitized receivables, we determined the fair value based on discounted cash flow models that incorporate, among other things, assumptions including credit losses, prepayment speeds and discount rates. These assumptions were based on our experience, market trends and anticipated performance related to the particular assets securitized. Our retained interests are reflected as fixed maturity securities available-for-sale.
Following a securitization transaction, we retained the responsibility for servicing the receivables, and as such, were entitled to receive an ongoing fee based on the outstanding principal balances of the receivables. There were no servicing assets nor liabilities recorded as the benefits of servicing the assets were adequate to compensate an independent servicer for its servicing responsibilities.
There has been no new asset securitization activity in 2010 or 2009.
Investments. We hold investments in certain structures that are considered VIEs. Our investments represent beneficial interests that are primarily in the form of structured securities. Our involvement in these structures typically represent a passive investment in the returns generated by the VIE and typically do not result in having significant influence over the economic performance of the VIE. See note 4 for additional information related to our investments, which includes information related to structured securities, such as asset-backed and mortgage-backed securities. Our maximum exposure to loss represents our cost basis in the investments.
Mortgage insurance. We also provide mortgage insurance on certain residential mortgage loans originated and securitized by third parties using VIEs to issue mortgage-backed securities. While we provide mortgage insurance on the underlying loans, we do not typically have any ongoing involvement with the VIE other than our mortgage insurance coverage and do not act in a servicing or decision making capacity for the underlying loans held by the VIE.
(c) Securitization and Variable Interest Entities Required To Be Consolidated
As a result of adopting new accounting guidance for VIE consolidation on January 1, 2010, we were required to consolidate certain VIEs. Our involvement with VIEs that were required to be consolidated related to asset securitization transactions and certain investments, both of which are described in more detail below. Prior to being required to consolidate these entities, our interest in these entities were recorded in our consolidated financial statements as fixed maturity securities available-for-sale.
Asset securitizations. For VIEs related to asset securitization transactions, we were required to consolidate three securitization entities as a result of our involvement in the entities’ design or having certain decision making ability regarding the assets held by the securitization entity. These securitization entities were designed to have significant limitations on the types of assets owned and the types and extent of permitted activities and decision making rights. The three securitization entities that were required to be consolidated are comprised of two securitization entities backed by commercial mortgage loans and one backed by residual interests in certain policy loan securitization entities.
For one of our commercial mortgage loan securitization entities with assets of $129 million as of March 31, 2010, our economic interest represents the excess interest received on the loans compared to the interest paid on the entity’s obligation. We also act as the servicer for the underlying mortgage loans and have the ability to direct certain activities in accordance with the agreements related to the securitization entity.
For the other commercial mortgage loan securitization entity with assets of $423 million as of March 31, 2010, our economic interest represents the excess interest of the commercial mortgage loans and the subordinated notes of the securitization entity. The commercial mortgage loans are serviced by a third-party servicer and special servicer. However, we have the right to replace the special servicer without cause at any time. This right is recognized under accounting guidance as resulting in our effective control of the activities directed by the special servicer.
Our economic interest in the policy loan securitization entity represents the excess interest received from the residual interest in certain policy loan securitization entities and the floating rate obligation issued by the securitization entity. The securitization entity also contains an interest rate swap to mitigate the difference between the effective fixed receipt on the assets and the floating rate obligation issued by the securitization entity. Since there are no significant ongoing activities in the securitization entity, we evaluated the design of the entity upon inception when we transferred the residual interests in the securitization entity. Prior to 2010, we fully impaired our investment in this securitization entity as a result of not expecting any future economic benefits from our investment under any reasonable scenario. However, there are certain remote interest rate and mortality scenarios that would result in our residual interest receiving significant economic benefits in relation to benefits received by the securitization entity. In accordance with the relevant accounting guidance, the use of probability is not permitted when determining whether we would have the ability to receive significant benefits from the securitization entity.
Investments. For VIEs related to certain investments, we were required to consolidate three securitization entities as a result of having certain decision making rights related to instruments held by the entities. These securitization entities were designed as synthetic collateralized debt obligations whereby the entities purchased highly rated asset-backed securities and entered into credit default swaps to generate income that would be passed to the noteholders of the entities. The entities also have the ability to settle any losses incurred on the credit default swap by providing the derivative counterparty asset-backed securities with a par amount equal to the loss incurred on the credit default swap. We hold the majority of the notes issued by the securitization entity and also have certain decision making rights related to the instruments held by the entity. Previously, we were not required to consolidate the securitization entity as a result of other noteholders absorbing the majority of expected losses from the entity.
The following table shows the activity presented in our consolidated statement of income related to the consolidated securitization entities for the period indicated:
(Amounts in millions) |
Three months ended
March 31, 2010 |
||
Revenues: |
|||
Net investment income: |
|||
Restricted commercial mortgage loans |
$ | 10 | |
Restricted other invested assets |
1 | ||
Total net investment income |
11 | ||
Net investment gains (losses): |
|||
Trading securities |
7 | ||
Derivatives |
2 | ||
Borrowings related to securitization entities recorded at fair value |
2 | ||
Total net investment gains (losses) |
11 | ||
Total revenues |
22 | ||
Expenses: |
|||
Interest expense |
8 | ||
Total expenses |
8 | ||
Income before income taxes |
14 | ||
Provision for income taxes |
5 | ||
Net income |
$ | 9 | |
The following table shows the assets and liabilities that were recorded for the consolidated securitization entities as of the date indicated:
(Amounts in millions) |
March 31, 2010 | ||
Assets |
|||
Investments: |
|||
Restricted commercial mortgage loans |
$ | 552 | |
Restricted other invested assets: |
|||
Trading securities |
377 | ||
Other |
8 | ||
Total restricted other invested assets |
385 | ||
Total investments |
937 | ||
Cash and cash equivalents |
1 | ||
Accrued investment income |
1 | ||
Total assets |
$ | 939 | |
Liabilities |
|||
Other liabilities: |
|||
Derivative liabilities |
$ | 134 | |
Other liabilities |
1 | ||
Total other liabilities |
135 | ||
Borrowings related to securitization entities |
551 | ||
Total liabilities |
$ | 686 | |
The assets and other instruments held by the securitization entities are restricted and can only be used to fulfill the obligations of the securitization entity. Additionally, the obligations of the securitization entities do not have any recourse to the general credit of any other consolidated subsidiaries, except $40 million of limited recourse related to a consolidated commercial mortgage loan securitization entity.
|
(8) Commitments and Contingencies
(a) Litigation
We face the risk of litigation and regulatory investigations and actions in the ordinary course of operating our businesses, including class action lawsuits. Our pending legal and regulatory actions include proceedings specific to us and others generally applicable to business practices in the industries in which we operate. In our insurance operations, we are, have been, or may become subject to class actions and individual suits alleging, among other things, issues relating to sales or underwriting practices, payment of contingent or other sales commissions, bidding practices in connection with our management and administration of a third party’s municipal guaranteed investment contract business, claims payments and procedures, cancellation or rescission of coverage, product design, product disclosure, administration, additional premium charges for premiums paid on a periodic basis, denial or delay of benefits, charging excessive or impermissible fees on products, recommending unsuitable products to customers, our pricing structures and business practices in our mortgage insurance businesses, such as captive reinsurance arrangements with lenders and contract underwriting services, violations of Real Estate Settlement Procedures Act of 1974 or related state anti-inducement laws, and breaching fiduciary or other duties to customers. Plaintiffs in class action and other lawsuits against us may seek very large or indeterminate amounts which may remain unknown for substantial periods of time. In our investment-related operations, we are subject to litigation involving commercial disputes with counterparties. We are also subject to litigation arising out of our general business activities such as our contractual and employment relationships. We are also subject to various regulatory inquiries, such as information requests, subpoenas, books and record examinations and market conduct and financial examinations from state, federal and international regulators and other authorities. A substantial legal liability or a significant regulatory action against us could have an adverse effect on our financial condition and results of operations. Moreover, even if we ultimately prevail in the litigation, regulatory action or investigation, we could suffer significant reputational harm, which could have an adverse effect on our business, financial condition or results of operations. At this time, it is not feasible to predict, nor to determine the ultimate outcomes of all pending investigations and legal proceedings, nor to provide reasonable ranges of potential losses.
(b) Commitments
As of March 31, 2010, we were committed to fund $187 million in limited partnership investments and $9 million in U.S. commercial mortgage loan investments.
|
(9) Borrowings and Other Financings
Revolving Credit Facilities
We have two five-year revolving credit facilities that mature in May 2012 and August 2012. These facilities bear variable interest rates based on one-month LIBOR plus a margin. Each of these facilities originally had $1.0 billion available for borrowings. Lehman Commercial Paper Inc. (“LCP”) had committed $70 million under the August 2012 credit facility and Lehman Brothers Bank, FSB (“Lehman FSB”) had committed $70 million under the May 2012 credit facility. On October 5, 2008, LCP filed for protection under Chapter 11 of the Federal Bankruptcy Code in the U.S. Bankruptcy Court for the Southern District of New York. LCP was unable to fulfill its commitments under the August 2012 credit facility and Lehman FSB declined to fulfill its commitment under the May 2012 credit facility. Therefore, as of March 31, 2010, we only had access to $1.9 billion under these facilities. On April 1, 2010, a consent and waiver agreement was entered into which releases the Lehman Brothers-related entities from their commitments under the facilities and reduces the remaining commitments by those respective amounts.
As of March 31, 2010, we had borrowings of $930 million under these facilities and we utilized $404 million under these facilities primarily for the issuance of letters of credit for the benefit of one of our life insurance subsidiaries. As of December 31, 2009, we had borrowings of $930 million under these facilities and we utilized $407 million under these facilities for the issuance of letters of credit for the benefit of one of our life insurance subsidiaries.
Non-Recourse Funding Obligations
As of March 31, 2010, we had $3.4 billion of fixed and floating rate non-recourse funding obligations outstanding backing additional statutory reserves. As of March 31, 2010 and December 31, 2009, the weighted-average interest rates on our non-recourse funding obligations were 1.40% and 1.49%, respectively.
Borrowings Related To Securitization Entities
Borrowings related to securitization entities were as follows as of March 31, 2010:
(Amounts in millions) |
Principal
amount |
Carrying
value |
||||
GFCM LLC, due 2035, 5.2541% |
$ | 250 | $ | 250 | ||
GFCM LLC, due 2035, 5.7426% |
113 | 113 | ||||
Genworth Special Purpose Two, LLC, due 2023, 6.0175% |
130 | 130 | ||||
Marvel Finance 2007-1 LLC, due 2017 ( 1 ) |
9 | 1 | ||||
Marvel Finance 2007-3 LLC, due 2017 ( 1 ) |
1 | — | ||||
Marvel Finance 2007-4 LLC, due 2017 ( 1 ) |
12 | 7 | ||||
Genworth Special Purpose Five, LLC, due 2040 ( 1 ) |
50 | 50 | ||||
Total |
$ | 565 | $ | 551 | ||
(1) |
Accrual of interest based on three-month LIBOR that resets every three months plus a fixed margin. |
These borrowings are required to be paid down as principal is collected on the restricted investments held by the securitization entities and accordingly the repayment of these borrowings follows the maturity or prepayment, as permitted, of the restricted investments. See note 7 for additional information on consolidated securitization entities.
|
(10) Income Taxes
The reconciliation of the federal statutory tax rate to the effective income tax rate was as follows for the periods indicated:
Three months ended March 31, | ||||||
2010 | 2009 | |||||
Statutory U.S. federal income tax rate |
35.0 | % | 35.0 | % | ||
Increase (reduction) in rate resulting from: |
||||||
State income tax, net of federal income tax effect |
(3.4 | ) | 0.5 | |||
Benefit on tax favored investments |
(6.6 | ) | 4.3 | |||
Effect of foreign operations |
(13.7 | ) | 4.8 | |||
Non-deductible expenses |
(0.5 | ) | (0.5 | ) | ||
Interest on uncertain tax positions |
(2.2 | ) | (0.3 | ) | ||
Tax benefits related to separation from our former parent |
(89.5 | ) | — | |||
Other, net |
2.7 | (0.1 | ) | |||
Effective rate |
(78.2 | )% | 43.7 | % | ||
The effective tax rate decreased significantly from the prior year due to uncertain tax benefits related to separation from our former parent, lower taxed foreign income and tax favored investments.
In connection with our 2004 separation from our former parent, General Electric (“GE”), we made certain joint tax elections and realized certain tax benefits. During the first quarter of 2010, the Internal Revenue Service (“IRS”) completed an examination of GE’s 2004 tax return, including these tax impacts. Therefore, $106 million of previously uncertain tax benefits related to separation became certain and we recognized those in the first quarter of 2010. Additionally, we recorded $20 million as additional paid-in capital related to our 2004 separation.
|
(11) Segment Information
We conduct our operations in three operating business segments: (1) Retirement and Protection, which includes our life insurance, long-term care insurance, wealth management products and services and retirement income products; (2) International, which includes international mortgage and lifestyle protection insurance; and (3) U.S. Mortgage Insurance, which includes mortgage-related products and services that facilitate homeownership by enabling borrowers to buy homes with low-down-payment mortgages.
We also have Corporate and Other activities which include interest and other debt financing expenses, other corporate income and expenses not allocated to the segments, the results of non-core businesses and non-strategic products that are managed outside of our operating segments, and eliminations of inter-segment transactions.
We allocate net investment gains (losses) from Corporate and Other activities to our Retirement and Protection segment using an approach based principally upon the investment portfolio established to support the segment’s products and targeted capital levels. We do not allocate net investment gains (losses) from Corporate and Other activities to our International and U.S. Mortgage Insurance segments, because they have their own separate investment portfolios, and net investment gains (losses) from those portfolios are reflected in the International and U.S. Mortgage Insurance segment results, respectively.
We use the same accounting policies and procedures to measure segment income (loss) and assets as our consolidated net income (loss) and assets. Our chief operating decision maker evaluates segment performance and allocates resources on the basis of “net operating income (loss) available to Genworth Financial, Inc.’s common stockholders.” We define net operating income (loss) available to Genworth Financial, Inc.’s common stockholders as income (loss) from continuing operations excluding net income attributable to noncontrolling interests, after-tax net investment gains (losses) and other adjustments and infrequent or unusual non-operating items. We exclude net investment gains (losses) and infrequent or unusual non-operating items because we do not consider them to be related to the operating performance of our segments and Corporate and Other activities. A significant component of our net investment gains (losses) is the result of impairments, the size and timing of which can vary significantly depending on market credit cycles. In addition, the size and timing of other investment gains (losses) are often subject to our discretion and are influenced by market opportunities, as well as asset-liability matching considerations. Infrequent or unusual non-operating items are also excluded from net operating income (loss) available to Genworth Financial, Inc.’s common stockholders if, in our opinion, they are not indicative of overall operating trends. While some of these items may be significant components of net income (loss) available to Genworth Financial, Inc.’s common stockholders in accordance with U.S. GAAP, we believe that net operating income (loss) available to Genworth Financial, Inc.’s common stockholders, and measures that are derived from or incorporate net operating income (loss) available to Genworth Financial, Inc.’s common stockholders, are appropriate measures that are useful to investors because they identify the income (loss) attributable to the ongoing operations of the business. However, net operating income (loss) available to Genworth Financial, Inc.’s common stockholders is not a substitute for net income (loss) available to Genworth Financial, Inc.’s common stockholders determined in accordance with U.S. GAAP. In addition, our definition of net operating income (loss) available to Genworth Financial, Inc.’s common stockholders may differ from the definitions used by other companies.
There were no infrequent or unusual non-operating items excluded from net operating income (loss) available to Genworth Financial, Inc.’s common stockholders during the periods presented other than a $106 million tax benefit related to separation from our former parent recorded in the first quarter of 2010.
The following is a summary of revenues for our segments and Corporate and Other activities for the periods indicated:
Three months ended March 31, |
||||||||
(Amounts in millions) |
2010 | 2009 | ||||||
Revenues: |
||||||||
Retirement and Protection |
$ | 1,593 | $ | 987 | ||||
International |
651 | 590 | ||||||
U.S. Mortgage Insurance |
181 | 188 | ||||||
Corporate and Other |
(4 | ) | (31 | ) | ||||
Total revenues |
$ | 2,421 | $ | 1,734 | ||||
The following is a summary of net operating income (loss) available to Genworth Financial, Inc.’s common stockholders for our segments and Corporate and Other activities and a reconciliation of net operating income (loss) available to Genworth Financial, Inc.’s common stockholders for our segments and Corporate and Other activities to net income (loss) for the periods indicated:
Three months ended March 31, |
||||||||
(Amounts in millions) |
2010 | 2009 | ||||||
Retirement and Protection |
$ | 122 | $ | 38 | ||||
International |
91 | 101 | ||||||
U.S. Mortgage Insurance |
(36 | ) | (135 | ) | ||||
Corporate and Other |
(63 | ) | 10 | |||||
Net operating income |
114 | 14 | ||||||
Net investment gains (losses), net of taxes and other adjustments |
(42 | ) | (483 | ) | ||||
Net tax benefit related to separation from our former parent |
106 | — | ||||||
Net income (loss) available to Genworth Financial, Inc.’s common stockholders |
178 | (469 | ) | |||||
Add: net income attributable to noncontrolling interests |
34 | — | ||||||
Net income (loss) |
$ | 212 | $ | (469 | ) | |||
The following is a summary of total assets for our segments and Corporate and Other activities as of the dates indicated:
(Amounts in millions) |
March 31, 2010 |
December 31, 2009 |
||||
Assets: |
||||||
Retirement and Protection |
$ | 81,881 | $ | 81,497 | ||
International |
12,050 | 12,143 | ||||
U.S. Mortgage Insurance |
3,982 | 4,247 | ||||
Corporate and Other |
11,180 | 10,300 | ||||
Total assets |
$ | 109,093 | $ | 108,187 | ||
|
(12) Noncontrolling Interests
In July 2009, Genworth MI Canada Inc. (“Genworth Canada”), our indirect subsidiary, completed the initial public offering (the “Offering”) of its common shares. Of the 49.7 million common shares of Genworth Canada that were sold in the Offering, 5.1 million common shares were sold by Genworth Canada and 44.6 million common shares were sold by Brookfield Life Assurance Company Limited, our indirect wholly-owned subsidiary. Following completion of the Offering, we beneficially own 57.5% of the common shares of Genworth Canada.
In March 2010, a dividend of $10 million was paid to the noncontrolling interests.