BILL ANALYSIS Ó ----------------------------------------------------------------- |SENATE RULES COMMITTEE | SB 281| |Office of Senate Floor Analyses | | |1020 N Street, Suite 524 | | |(916) 651-1520 Fax: (916) | | |327-4478 | | ----------------------------------------------------------------- THIRD READING Bill No: SB 281 Author: Calderon (D) Amended: 5/1/13 Vote: 21 SENATE INSURANCE COMMITTEE : 9-0, 4/24/13 AYES: Calderon, Gaines, Corbett, Correa, Knight, Lieu, Nielsen, Price, Roth SENATE APPROPRIATIONS COMMITTEE : 7-0, 5/23/13 AYES: De León, Walters, Gaines, Hill, Lara, Padilla, Steinberg SUBJECT : Life insurance SOURCE : Association of California Life and Health Insurance Companies DIGEST : This bill establishes a single set of standards and requirements pertaining to life insurance policies or riders that accelerate death benefits in the event of certain qualifying events. ANALYSIS : Existing law: 1. Governs the business of insurance, and defines various types of insurance for these purposes, including life insurance and disability insurance. CONTINUED SB 281 Page 2 2. Generally makes the requirements imposed on disability insurance contracts inapplicable to life insurance, endowment, and annuity contracts, or supplemental contracts thereto, that provide additional benefits in case of death or dismemberment or loss of sight by accident, that operate to safeguard contracts against lapse, or give a special surrender benefit, or a special benefit, as specified. 3. Requires supplemental contracts or, if a supplemental contract is an integral part of a life insurance contract, life insurance contracts to be submitted for approval by the Insurance Commissioner before the contracts are delivered or issued for delivery in this state. This bill: 1. Specifies that the term "special benefit" for purposes of those provisions to mean an accelerated death benefit that is added to a life insurance contract to provide for the advance payment of any part of the death proceeds to the insured upon the occurrence of certain qualifying events, including if the insured requires continuous confinement in an eligible institution and is expected to remain there for the rest of his/her life. 2. Requires a life insurance contract or supplemental contract that includes an accelerated death benefit to be submitted for approval with specified additional information, including a statement of the types of policy forms with which the benefit will be offered. 3. Requires that any life insurance provision or supplemental contract that provides for a special benefit comply with specified requirements, including, but not limited to, that the provision or supplemental contract specify that the accelerated death benefit is fixed at the time the insurer approves the request for the benefit, and that the provision or supplemental contract is prohibited from restricting the use of the proceeds of the accelerated death benefit. Background Accelerated death benefits are a life insurance benefits that allow a policy holder to access all or a portion of a death CONTINUED SB 281 Page 3 benefit based on the occurrence of a qualifying event. These benefits can be incorporated into the original policy or added as a rider. Currently, at least 42 other states, 41 of which are members of the Interstate Insurance Product Regulation Commission (IIPRC) and New York, offer some form of accelerated death benefits. Life insurance provides a cash benefit to beneficiaries when the insured dies. According to the American Council of Life Insurers, in 2011, total life insurance coverage in the United States amounted to over $19.2 trillion dollars. Although, life insurance may be sold as group policies, individual life insurance accounts for over 57% of the life insurance market. Individual life insurance policies are commonly bought as either permanent or term policies. An accelerated death benefit permits the owner of a life insurance policy to access a portion or all of the death benefit prior to the death of the insured (the measuring life of the policy) on the occurrence of a qualifying event while the insured is still alive. California law does not recognize most of the common triggers for accelerated death benefits. The following description is based on the Standards for Accelerated Death Benefits adopted by the IIPRC in 2007. Under the IIPRC standards, qualifying events or "triggers" must include a terminal illness trigger and may include additional triggers for one or more of the following conditions: 1.A condition that requires extraordinary medical intervention, such as major organ transplant or continuous artificial life support, without which the insured would die; 2.A condition that usually requires continuous confinement in an institution, as defined in the form, and the insured is expected to remain there for the rest of his/her life; 3.A specified medical condition that, in the absence of extensive or extraordinary medical treatment, would result in a drastically limited life span (such as end-stage renal failure, invasive cancer, AIDS, etc.); or 4.A chronic illness defined as permanent inability to perform, without substantial assistance from another individual, a CONTINUED SB 281 Page 4 specified number of activities of daily living (bathing, continence, dressing, eating, toileting and transferring), and/or permanent severe cognitive impairment and similar forms of dementia. The insurer may provide for a reasonable expense charge for accelerating the benefit on most features. (The IIPRC requires the terminal illness trigger but does not allow the insurer to charge it.) Frequently, policy owners are not charged for the benefit until the acceleration. Once written proof of eligibility is submitted, the benefit becomes due immediately. Although the insurer may specify a range or particular amount of the death benefit that may be accelerated, the insurer must provide the policy owner the option to receive payment in a lump sum, but may allow the policy owner to accept periodic payments for a time certain (maybe to minimize taxes). The insurer may also reduce the lump sum payment according to any outstanding policy loans or charges due at the time of acceleration. If only a portion of the death benefit is accelerated, the portion payable upon death of the insured is reduced accordingly, and the premium and cash value are proportionally reduced as well. The chronic illness trigger currently proposed in this bill is based on the IIPRC standards and not intended for tax exemption, however, federal tax law (26 United States Code (USC) Section 101(g)) exempts proceeds from a life insurance policy from taxation if it is paid out by reason of terminal illness or chronic illness. USC Section 101(g) applies the definition chronically ill from 26 USC Section 7702B where an insured is: 1. Unable to perform (without substantial assistance from another individual) at least two activities of daily living for a period of at least 90 days due to a loss of functional capacity; or 2. Requiring substantial supervision to protect such individual from threats to health and safety due to severe cognitive impairment. Additional requirements apply to preserve the tax exemption CONTINUED SB 281 Page 5 including the need for the insured to be "certified" as chronically ill once a year and must follow a maximum per diem limit. Moreover, certain consumer protections are required under USC Section 101(g)(3). Long-term care insurance policies are distinct from life insurance policies because they are designed to provide assistance in the event that the insured becomes disabled, confined in an institution etc. These policies are highly regulated due to a history of escalating rates. Because chronic illness triggers of accelerated death benefits share eligibility criteria with long-term care insurance, California has not approved riders with chronic illness triggers unless those riders also comply with most provisions of the long-term care statute (Chapter 2.6 of Part 2 of Division 2 of the Insurance Code). Prior legislation . SB 1449 (Calderon, Chapter 567, Statutes of 2012) provided a waiver of the life insurance policy premium for disability, which allows future premiums due to be waived and the continuance of coverage until the end of the disability or the insured reaches an age as specified by the policy. Further, it also provided waiver of surrender charges for life insurance policies and annuities for specified health reasons. FISCAL EFFECT : Appropriation: No Fiscal Com.: Yes Local: No According to the Senate Appropriations Committee: Department of Insurance estimates that the cost to implement in fiscal year (FY) 2013-14 will be $250,000, in FY 2014-15 will be $734,000, and in FY 2015-16 and ongoing will be $407,000. Application fee revenue is projected to be $119,000 in FY 2013-14, $119,000 in FY 2014-15 and $15,500 in FY 2015-16 and subsequent fiscal years. Additional fee revenue of $50,000 to $90,000 over FY 2013-14 and FY 2014-15 for the $1 special assessment insurers pay for each life insurance policy issued, dependent on whether or not consumers purchase the accelerated death benefit under a CONTINUED SB 281 Page 6 new policy or as a rider to an existing policy. SUPPORT : (Verified 5/23/13) Association of California Life and Health Insurance Companies (source) American Council of Life Insurers National Association of Insurance and Financial Advisors of California State Farm Insurance Company ARGUMENTS IN SUPPORT : According to the Association of California Life and Health Insurance Companies, they are sponsoring this bill to expedite approval of one particular product option which will provide a very valuable consumer benefit, known as an accelerated benefit, which allows consumers to obtain all or a portion of a life insurance benefit early when there is a significant and pressing need. AL:k 5/23/13 Senate Floor Analyses SUPPORT/OPPOSITION: SEE ABOVE **** END **** CONTINUED