BILL ANALYSIS Ó SB 281 Page 1 Date of Hearing: August 21, 2013 ASSEMBLY COMMITTEE ON APPROPRIATIONS Mike Gatto, Chair SB 281 (Calderon) - As Amended: August 5, 2013 Policy Committee: InsuranceVote:12 - 0 Urgency: No State Mandated Local Program: No Reimbursable: SUMMARY This bill authorizes the sale of life insurance with accelerated death benefits features that allow policy owners to access death benefits when they experience a catastrophic or chronic illness. FISCAL EFFECT On-going special fund costs will likely be between $200,000 and $300,000 to the California Department of Insurance's (CDI) for additional attorneys to review insurer filings for accelerated death benefit riders and policies, an actuary to certify that any rider or policy is sound, and additional personnel in their Consumer Services Division to handle questions and complaints, (Insurance Fund). COMMENTS 1)Rationale . Generally, life insurance is a component of estate and tax planning. Historically, it has provided resources, known as a death benefit, to beneficiaries upon the death of the insured. According to the author, however, consumers have been requesting life insurance options that provide additional resources while the insured is still living. The purpose of this bill is to establish streamlined standards for accelerated death benefits, life insurance products that offer a living benefit by paying all or a portion of the death benefit when the insured develops specified catastrophic conditions, such as a life-threatening medical condition or long-term chronic illness. 2)Background . Accelerated death benefits are a life insurance SB 281 Page 2 benefit that allows a policy holder to access all or a portion of a death 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. Existing law requires life insurance contracts to be submitted to the Insurance Commissioner for approval before the contracts are delivered or issued for delivery in this state. Life insurance provides a cash benefit to beneficiaries when the insured dies. According to the American Council of Life Insurers (ACLI), 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 currently recognize most of the common triggers for accelerated death benefits Analysis Prepared by : Julie Salley-Gray / APPR. / (916) 319-2081