BILL ANALYSIS Ó SB 426 Page 1 Date of Hearing: June 24, 2015 ASSEMBLY COMMITTEE ON INSURANCE Tom Daly, Chair SB 426 (Leyva) - As Amended June 16, 2015 SENATE VOTE: 36-0 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. EXISTING LAW: 1)Provides for the regulation of annuity contracts, including minimum nonforfeiture amounts prior to maturity. 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. SB 426 Page 2 4)Imposes 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. 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. FISCAL EFFECT: Undetermined COMMENTS: 1) Purpose of the bill. According to the sponsor, this bill 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 death benefit payment to be at least equal to the annuity value upon death. 2) Background. Annuities are financial products designed to convert premium paid by the purchaser (in either a lump sum or periodic payments) into a stream of payments to the purchaser. Annuities are designed to provide a stable cash flow for the purchaser (most commonly for retirees) and alleviate the risk of outliving one's assets. Annuities can be structured so that annuity payments will continue so long as either the purchaser or their spouse (if survivorship benefit is elected) is alive or to pay out funds for a fixed period of time. Annuities can be structured to provide immediate payments or to defer payments to a later date. REGISTERED SUPPORT / OPPOSITION: SB 426 Page 3 Support Department of Insurance (sponsor) Elder Financial Protection Network (EFPN) Opposition None received Analysis Prepared by:Paul Riches / INS. / (916) 319-2086