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Insurance (prudential standard) determination

No. 8 of 2023

Prudential Standard GPS 118 Capital Adequacy: Operational Risk Charge

Insurance Act 1973

I, Helen Rowell, a delegate of APRA:

(a)          under subsection 32(4) of the Insurance Act 1973 (the Act), revoke Insurance (prudential standard) determination No. 7 of 2019, including Prudential Standard GPS 118 Capital Adequacy: Operational Risk Charge, made under that Determination; and

 

(b)          under subsection 32(1) of the Act determine Prudential Standard GPS 118 Capital Adequacy: Operational Risk Charge, in the form set out in the Schedule, which applies to:

 

(i)                  all general insurers and authorised NOHCs; and

 

(ii)                a subsidiary of a general insurer or authorised NOHC, where that subsidiary is a parent entity of a Level 2 insurance group.

This instrument commences on 1 July 2023.

Dated: 24 May 2023

 

[Signed]

 

Helen Rowell

Deputy Chair

Interpretation

In this instrument:

 

APRA means the Australian Prudential Regulation Authority.

 

authorised NOHC has the meaning given in section 3 of the Act.

 

general insurer has the meaning given in section 11 of the Act.

 

Level 2 insurance group has the meaning given in Prudential Standard GPS 001 Definitions.

 

parent entity has the meaning given in Prudential Standard GPS 001 Definitions.

 

subsidiary has the meaning given in Prudential Standard GPS 001 Definitions.

 

Schedule

 

Prudential Standard GPS 118 Capital Adequacy: Operational Risk Charge, comprises the document commencing on the following page.

 

 

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Prudential Standard GPS 118 

Capital Adequacy: Operational Risk Charge  

Objectives and key requirements of this Prudential Standard

This Prudential Standard requires a general insurer or Level 2 insurance group to maintain adequate capital against the operational risks associated with its activities.

The ultimate responsibility for the prudent management of capital of a general insurer or Level 2 insurance group rests with its Board of directors. The Board must ensure that the general insurer or Level 2 insurance group maintains an adequate level and quality of capital commensurate with the scale, nature and complexity of its business and risk profile, such that it is able to meet its obligations under a wide range of circumstances.

The Operational Risk Charge is the minimum amount of capital required to be held against operational risks. The Operational Risk Charge relates to the risk of loss resulting from inadequate or failed internal processes, people and systems or from external events.

This Prudential Standard sets out the method for calculating the Operational Risk Charge. This charge is one of the components of the Standard Method for calculating the prescribed capital amount for general insurers and Level 2 insurance groups.

 

 

Table of Contents

Authority

Application and commencement

Interpretation

Operational Risk Charge

Calculation of the Operational Risk Charge

Adjustments and exclusions

Previous exercise of discretion

Authority

  1. This Prudential Standard is made under section 32 of the Insurance Act 1973 (the Act).

Application and commencement

2.             This Prudential Standard applies to each:

(a)          general insurer authorised under the Act (insurer); and

(b)          Level 2 insurance group as defined in Prudential Standard GPS 001 Definitions (GPS 001).

Where a requirement is made in respect of a Level 2 insurance group, the requirement is imposed on the parent entity of the Level 2 insurance group.

3.             This Prudential Standard applies to insurers and Level 2 insurance groups (regulated institutions) from 1 July 2023.

Interpretation

4.             Terms that are defined in GPS 001 appear in bold the first time they are used in this Prudential Standard.

Operational Risk Charge

5.             This Prudential Standard sets out the method for calculating the Operational Risk Charge for a regulated institution using the Standard Method to determine its prescribed capital amount. 

6.             The Operational Risk Charge is the minimum amount of capital a regulated institution must hold against the risk of loss resulting from inadequate or failed internal processes, people and systems or from external events.

Calculation of the Operational Risk Charge

7.             The Operational Risk Charge for a regulated institution is calculated as the sum of:

(a)          the Operational Risk Charge for inwards reinsurance business (ORCI) defined in paragraph 9; and

(b)          the Operational Risk Charge for business that is not inwards reinsurance business (ORCNI) defined in paragraph 10. 

The Operational Risk Charge for a Level 2 insurance group is calculated after consolidation of intra-group exposures.

8.             For the purposes of paragraphs 9 and 10:

(a)          GP1 is written premium revenue (gross of reinsurance) for the 12 months ending on the reporting date;

(b)          GP0 is written premium revenue (gross of reinsurance) for the 12 months ending on the date 12 months prior to the reporting date;

(c)          Written premium revenue is the amount charged in relation to accepting risk from the insured. For the purposes of the Operational Risk Charge calculation, this includes levies imposed by state and territory governments, and revenue relating to portfolio transfers and unclosed business;

(d)          NL is the central estimate of insurance liabilities (net of reinsurance) determined in accordance with Prudential Standard GPS 340 Insurance Liability Valuation (GPS 340), at the reporting date[1]; and

(e)          |GP1 – GP0| is the absolute value of the difference between GP1 and GP0.

All transfers of insurance business made in accordance with the Act must be recognised in line with the corresponding requirements under Australian Accounting Standards.

9.             The ORCI is calculated as follows:

Operational Risk Charge for inward reinsurance business equals two percent times open curly bracket the maximum of open bracket GP1 and NL close bracket plus the maximum open bracket, starting at zero, of the absolute difference between GP1–GP0 minus 0.2 times GP0 close bracket close curly bracket

10.         The ORCNI is calculated as follows:

Operational risk charge for business that is not inwards reinsurance business equals three percent times the maximum of GP1 and NL plus the maximum, starting at zero, of the absolute difference between GP1–GP0 minus 0.2 times GP0.

Adjustments and exclusions

11.         APRA may, by notice in writing to a regulated institution, adjust or exclude a specific requirement in this Prudential Standard in relation to that regulated institution.

Previous exercise of discretion

12.         A regulated institution must contact APRA if it seeks to place reliance, for the purposes of complying with this Prudential Standard, on a previous exemption or other exercise of discretion made by APRA under a previous version of this Prudential Standard.


[1]  Under Prudential Standard GPS 340 Insurance Liability Valuation, a Level 2 insurance group may use accounting entries to determine its premiums liabilities, after allowing for necessary adjustments made under GPS 340. Where accounting entries have been used to determine net premiums liabilities, the Level 2 insurance group must use the accounting equivalent of net premiums liabilities instead of the net central estimate for the purposes of the Operational Risk Charge.