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


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          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


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          Support


          Department of Insurance (sponsor)


          Elder Financial Protection Network (EFPN)




          Opposition


          None received




          Analysis Prepared by:Paul Riches / INS. / (916)  
          319-2086