FASB Provides Implementation Relief Related to ASU 2018-12’s Transition Guidance for Derecognized Contracts
Introduction
On December 15, 2022, the FASB issued ASU 2022-05,1 which introduces an optional accounting policy election under which
                    insurers can choose not to apply the amendments made by ASU 2018-12 to certain
                    contracts that are derecognized as a result of a sale or disposal before the
                    effective date of ASU
                        2018-12.2 Insurers that make this accounting policy election would also be subject
                    to additional disclosure requirements.
            Background
On August 5, 2018, the FASB issued ASU 2018-12 (the “LDTI guidance”) to make
                    targeted improvements to its guidance on long-duration contracts issued by an
                    insurance entity in response to stakeholder feedback indicating that more
                    timely, transparent, and decision-useful information about long-duration
                    contracts was needed.
                ASU
                        2019-093 and ASU
                        2020-114 amended ASU 2018-12 to defer its effective date. Stakeholders raised
                    concerns regarding applying the LDTI guidance to contracts sold or disposed of
                    before this guidance’s effective date. They noted that the costs incurred by
                    preparers in adopting the LDTI guidance for contracts that have been
                    derecognized because of sale or disposal before its effective date may not
                    exceed the benefits from the adoption of this guidance.
                ASU 2022-05 is intended to ease the potential implementation burden of adopting
                    the LDTI guidance for contracts sold or disposed of before the LDTI guidance’s
                    effective date. Specifically, the new ASU amends ASC 944-40-65-25 to give insurers the option of electing, as an accounting policy, not to
                    apply the LDTI guidance to contracts (i.e., individual contracts, group of
                    contracts, or legal entities) derecognized before the LDTI guidance’s effective
                    date because of sale or disposal when certain criteria are met.
            Main Provisions of ASU 2022-05
The ASU amends the LDTI transition guidance on contracts derecognized as a result
                    of sale or disposal before the LDTI guidance’s effective date and provides an
                    optional accounting policy election under which such contracts would be excluded
                    from the scope of the LDTI guidance if the insurance entity does not have
                    significant continuing involvement with the derecognized contracts.
                Examples of significant continuing involvement under the ASU include: 
                - 
                            “An interest that provides [the insurer with] significant influence over the derecognized contracts.”
- 
                            “Any other arrangement that allows for significant participation in the derecognized contracts.”
However, the following would not be considered significant continuing involvement
                    under the ASU: 
                - 
                            “Investment management, policy servicing, or other administrative arrangements.”
- 
                            “Standard merger and acquisition representations and warranties.”
Connecting the Dots
                        ASU 2022-05 indicates that insurers should consider the
                            guidance in ASC 323-10 in determining whether investments provide an
                            insurer with significant influence in derecognized contracts.
                            Specifically, the ASU notes that insurers should apply ASC 323-10-15-6
                            through 15-11 in determining whether significant influence exists in the
                            context of applying the ASU’s policy election. An insurer would apply
                            the guidance in ASC 323-10-15-6 through 15-11 in making this
                            determination even if the equity ownership interest would be accounted
                            for under U.S. GAAP other than ASC 323-10. Such investments would
                            include, for example, investments by insurance entities in limited
                            partnerships of more than 3 percent to 5 percent that are accounted for
                            under the equity method under ASC 323-30 if the investments do not
                            provide the insurer with significant influence in accordance with ASC
                            323-10-15-6 through 15-11.6
                        By including the references to the guidance in ASC
                            323-10, the Board intends to give an insurance entity that holds an
                            investment in the counterparty to a sale transaction, but does not have
                            the ability to exercise significant influence over those contracts, the
                            option of applying the accounting policy election.
                    The reason why the Board made the ASU’s accounting policy election optional
                    rather than mandatory was to alleviate potential costs for preparers whose LDTI
                    implementation efforts are complete or nearly complete and who would therefore
                    incur costs in reversing these efforts.
                Insurers can apply this policy on a transaction-by-transaction basis, and the
                    election is limited to contracts derecognized because of sale or disposal
                    events. Classification as held for sale or discontinued operations is not
                    determinative in application of the ASU’s scope.7
                Under the ASU, insurers that apply the accounting policy election in this ASU
                    must also disclose a qualitative description of each sale or disposal
                    transaction to which the optional election was applied.
            Effective Dates
ASU 2022-05 is effective for all entities that adopt ASU 2018-12 (as amended).
                    Specifically, the effective dates are as follows: 
                - 
                            For public business entities that meet the definition of an SEC filer and are not smaller reporting companies, fiscal years beginning after December 15, 2022, and interim periods within those fiscal years.
- 
                            For all other entities, fiscal years beginning after December 15, 2024, and interim periods within fiscal years beginning after December 15, 2025.
The guidance may be early adopted if an entity has adopted ASU 2018-12 for the
                    corresponding period. 
            Footnotes
1
                        
FASB Accounting Standards Update (ASU) No. 2022-05,
                                Financial Services — Insurance (Topic 944): Transition for Sold
                                Contracts.
                    2
                        
FASB Accounting Standards Update No. 2018-12,
                                Financial Services — Insurance (Topic 944): Targeted Improvements
                                to the Accounting for Long-Duration Contracts (“LDTI”).
                    3
                        
FASB Accounting Standards Update No. 2019-09, Financial Services —
                                Insurance (Topic 944): Effective Date [of LDTI].
                    4
                        
FASB Accounting Standards Update No. 2020-11, Financial Services —
                                Insurance (Topic 944): Effective Date and Early Application [of
                            LDTI].
                    5
                        
For titles of FASB Accounting Standards Codification (ASC)
                                references, see Deloitte’s “Titles of Topics and Subtopics in
                                the FASB Accounting Standards
                            Codification.”
                    6
                                
Paragraph BC15 of ASU 2022-05.
                            7
                        
Paragraph BC13 of ASU 2022-05.