BILL ANALYSIS                                                                                                                                                                                                    Ó



          SENATE COMMITTEE ON INSURANCE
                             Senator Richard Roth, Chair
                                2015 - 2016  Regular 

          Bill No:            SB 426          Hearing Date:    April 8,  
          2015 
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          |Author:    |Leyva                                                |
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          |Version:   |February 25, 2015                                    |
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          |Urgency:   |No                     |Fiscal:    |No               |
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          |Consultant:|Erin Ryan                                            |
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                    Subject:  Annuities:  cash surrender benefits


           SUMMARY     Requires the death benefit payable under annuities contracts  
          issued to persons 65 years of age or older to be at least equal  
          to the annuity value or accumulations value without any  
          surrender charges or penalties upon death.
          
           
          DIGEST
            
          Existing law
            
           1.  Provides for the regulation of annuities contracts, including  
              minimum nonforfeiture amounts prior to maturity (§10168.2);

           2.  Requires all disability and life insurance policies or  
              certificates offered for sale to individuals 65 and older to  
              include a 30 day "free look" period starting on receipt of the  
              policy or certificate;

           3.  Provides that for annuities contracts that provide cash  
              surrender benefits prior to maturity, any death benefit payable  
              shall be at least equal to the cash surrender benefit;  
              (§10168.4)

           4.  Imposes, generally speaking, a special duty of honesty, good  
              faith, and fair dealing on an insurer, broker, agent, and all  
              others engaged in the transaction of insurance with a  
              prospective insured who is 65 years of age or older; (§785)







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           5.  Requires individual life insurance policies and annuity  
              contracts issued to senior citizens to disclose information on,  
              or the location within the policy of, any charges for surrender,  
              partial surrender, excess withdrawal or penalties on the front  
              of the policy jacket or on the cover page (§10127.13). 
            

          This bill

            1.  Would require the death benefit payable under annuities  
              contracts issued to persons 65 years of age or older to be  
              at least equal to the annuity value or accumulations value  
              without any surrender charges or penalties upon death.


           
          COMMENTS
            
          1.  Purpose of the bill   To provide additional protections to  
              seniors who purchase fixed rate and equity-linked annuities  
              by prohibiting surrender charges or penalties on death. 

           2.  Background   An annuity is a contractual financial product  
              that is designed to accept and grow funds from an individual  
              and then, upon annuitization, pay out a stream of payments  
              to the individual at a later point in time. Annuities were  
              designed to be a reliable means of securing a steady cash  
              flow for an individual during their retirement years and to  
              alleviate fears of outliving one's assets. Annuities can be  
              created so that, upon annuitization, payments will continue  
              so long as either the annuitant or their spouse (if  
              survivorship benefit is elected) is alive. Alternatively,  
              annuities can be structured to pay out funds for a fixed  
              amount of time, such as 20 years, regardless of how long the  
              annuitant lives. Furthermore, annuities can begin  
              immediately upon deposit of a lump sum, or they can be  
              structured as deferred benefits
               
               One criticism of annuities is that they are illiquid.  
              Deposits into annuity contracts are typically locked up for  
              a period of time, known as the surrender period, where the  
              annuitant would incur a penalty if all or part of that money  
              were touched. These surrender periods can last anywhere from  








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              2 to more than 10 years, depending on the particular  
              product. Surrender charges can start out at 10% or more and  
              the penalty typically declines annually over the surrender  
              period. This is a particular concern for annuities sold to  
              seniors who may experience unexpected medical or other costs  
              or illness and cannot access their assets when needed. 

              This bill is limited to fixed rate and equity linked  
              deferred annuities that are sold to individuals who are 65  
              years of age or older. With a deferred annuity, an annuitant  
              pays up-front or over time for an income stream they will  
              receive beginning at a specified date in the future. The  
              annuitant generally does not receive a benefit until the  
              specified date unless he or she passes away before that date  
              and the beneficiary receives a death benefit as provided in  
              the contract.

              An example of the problem this bill seeks to address: a  
              consumer purchases an 8-year deferred fixed annuity for an  
              upfront premium of $10,000. The contract credits 3% interest  
              per year to the account and has an 8 year surrender period  
              beginning at 8% and declining 1% annually. If the annuitant  
              dies in the first year of the contract, the annuitant's  
              beneficiaries would receive $9,200. If the annuitant dies in  
              the second year of the contract, the death benefit would be  
              $9,579. The contract would not pay the amount of the initial  
              premium for more than two years. 

              If the annuitant had received benefits or payments during  
              the surrender period, any such payments would be deducted  
              from the annuity value for purposes of the death benefit.

              The Association of California Life and Health Insurance  
              Companies (ACLHIC) and the American Council of Life Insurers  
              (ACLI) say the overwhelming majoriy of contracts do not  
              impose a surrender charge upon the death of the annuitant,  
              although certain contracts might have a charge that is  
              offset by another benefit included in the contract.  ACLHIC  
              and ACLI have, however, expressed some concerns with the  
              bill as drafted.  First, they ask that the bill be clarified  
              to only apply to annuity contracts issued after the bill's  
              effective date. Secondly, they express concern over the  
              application of the bill to deferred income annuity  
              products-products that frequently are used as a tax-deferral  








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              tool.  This product provides guaranteed income at some point  
              in the future (anywhere from 13 month to 30 years after the  
              last premium payment was made). If death occurs prior to the  
              date that income payments begin, the contract allows for  
              return of premium. The bill as proposed would require a  
              death benefit equal to the contract's "annuity amount" or  
              "accumulated value," but does not allow for just the return  
              of premium. ACLHIC doesn't think the bill should apply to  
              deferred income annuity products. 

           3.  Support   According to the California Department of  
              Insurance, this bill would would create a best practice for  
              insurers by providing additional protections for seniors who  
              purchase fixed, deferred annuities.  It would prohibit  
              companies from charging a surrender penalty on the death  
              benefit and require the benefit payment to be at least equal  
              to the annuity value upon death. California Advocates for  
              Nursing Home Reform supports SB 426 because it offers  
              additional protections to seniors and their families by  
              placing safeguards on an insurance product that is intended  
              to provide them financial security. According to the Elder  
              Financial Protection Network, for seniors who are generally  
              buying annuities to protect themselves from out-living their  
              money, surrender penalties on death can result in very low  
              annualized interest or even a partial loss of premiums.  
              While most companies do not currently pay out a death  
              benefit that is less than the premiums paid, some insurers  
              charge surrender penalties that reduce the death benefit  
              below the amount of paid premiums. 

           4.  Opposition   None received.

           5.  Questions   In the case of deferred income annuity products,  
              should seniors be limited to the return of premium upon  
              death if the premium has been in the possession the  
              insurance company for years generating interest income that  
              would have been included in the future payment of benefits?  
              ACLHIC and ACLI have asked for an amendment as follows: "the  
              death benefit payable under contracts issued to persons 65  
              years of age or older shall be at least equal to the annuity  
              value,  or  accumulation value,  or return of premium  without  
              any surrender charges or penalties upon death." This  
              language would seem to allow the insurer to choose which  
              option to apply. Is this fair to the consumer? 








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          6.  Suggested Amendments   Amend the bill to clarify that the  
              provisions of this bill only apply to annuity contracts  
              issued on or after the effective date. 
           
          7.  Prior and Related Legislation   AB 2347 (Gonzalez, Ch. 166,  
              Statutes of 2014) added immediate annuities to the insurance  
              products that must include specified right of return and  
              disclosure requirements when sold to individuals age 65 and  
              older.
           
            
                

          POSITIONS
            
          Support
           
          California Department of Insurance (sponsor)
          California Advocates for Nursing Home reform
          Elder Financial protection Network
          California Health Advocates
          Congress of California Seniors  

          Oppose
               
          None received
                                      -- END --