Question ID: 3578
Regulation Reference: (EU) No 2015/35 - supplementing Dir 2009/138/EC - taking up & pursuit of the business of Insurance and Reinsurance (SII)
Article: 117(3)
Status: Rejected
Date of submission: 26 May 2026
Question
1) In 2026/269 amending 2015/35 it is added on the adjustment factor for non-proportional reinsurance: "...where such non-proportional reinsurance is in place for that particular segment..." Does this mean that the adjustment factor for non-proportional reinsurance is no longer mandatory as indicated in Q&A2322 stating "the application of the adjustment factor ... does not depend on the existence/non-existence of non-proportional reinsurance."?
2) For NSLT health premium risk, is the adjustment factor, where such non-proportional reinsurance is in place for that particular segment, equal to 80 % or can it be chosen as another percentage?
EIOPA answer
This question has been rejected because the issue it deals with is already explained or addressed in Articles 117 and 148 of Commission Delegated Regulation (EU) 2026/269 amending Commission Delegated Regulation (EU) 2015/35.
Concerning sub-question 1, your understanding is correct. The adjustment factor for non-proportional reinsurance applies only where such reinsurance is in place. Q&A 2322 is based on the currently applicable Commission Delegated Regulation (EU) 2015/35 and will be revised once Commission Delegated Regulation (EU) 2026/269 enters into application.
Concerning sub-question 2, your understanding is not correct. The last sentence of Article 148(3) of Commission Delegated Regulation (EU) 2015/35 has not been amended by Delegated Regulation 2026/269. Hence, for all segments set out in Annex XIV the adjustment factor for non-proportional reinsurance shall be equal to 100 %.