what must an agent disclose to annuitant when replacing or exchanging an annuity

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In February 2020, the National Association of Insurance Commissioners (NAIC) canonical revisions to its Suitability in Annuity Transactions Model Regulation (#275). The revised regulation requires that all annuity recommendations by producers and insurers meet a "best involvement" standard.

Under the new model regulation, insurance producers and carriers may not place their financial interests ahead of the consumer's interest when recommending an annuity product. Furthermore, insurers are required to institute and maintain a arrangement to supervise producer recommendations, and then the insurance needs and financial objectives of consumers are addressed effectively. The new model likewise prohibits an insurer from issuing an annuity product to a consumer unless the insurer has a reasonable basis to believe the annuity would address the consumer'due south insurance needs and financial objectives finer.

The NAIC'southward new best interest standard uses the Securities and Exchange Commission'south recent Regulation Best Involvement every bit a model. For the by 10 years, insurance regulators have used a "suitability" standard, like to the Financial Industry Regulatory Authorization'due south (FINRA), to regulate annuities sales. The best-interest standard on sales and recommendations of annuity products by insurance producers is a higher standard than the 2010 model regulation's suitability requirements, but it does not achieve the level of a fiduciary duty.

A producer would be deemed to take acted in the consumer'south best involvement if the producer meets the obligations of care, disclosure, conflict of involvement, and documentation that are detailed in the model regulation. Insurance companies are required to supervise producer compliance with this rule and to maintain compensation systems that will not undermine the best interest of clients.

Like the 2010 model regulation, the new model regulation requires that producers be trained in its requirements. For producers new to selling annuities, the new model calls for a four-hour preparation course. For veteran producers who were trained nether the quondam model regulation, the new model regulation allows for a ane-hour update class, although the regulation makes this option available only for the first six months afterwards their land adopts the new dominion (states may vary this fourth dimension period).

The new model regulation applies merely to the recommendation or sale of an annuity. It as well provides for diverse exemptions from its requirements, such equally exemptions for certain group annuities. The model also provides a safe harbor for sales and recommendations made in compliance with "comparable standards," for instance, those that comply with applicable SEC or FINRA securities requirements for broker-dealers and registered investment advisers.

The NAIC recommends that states amend their annuity sales regulations in response to the new model regulation. The NAIC'southward 2010 Model Regulation was adopted by 45 states and the District of Colombia in the wake of the 2010 Dodd-Frank Wall Street Reform and Consumer Protection Act. Previous projections suggested that half u.s. could prefer the model regulation in some grade by the end of 2020,  but may be delayed due to the COVID-19 pandemic.

An Important Note

This following content summarizes and highlights key revisions fabricated to the NAIC's model regulation #275—information technology is not the complete version of the model regulation itself. Please see the full text of the revised and complete model regulation here. Additional information on Model Regulation #275 is available here.

Best Interest Obligation: Reasonable Diligence, Care, and Skill

Under the NAIC's revised Suitability in Annuity Transactions Model Regulation (#275), producers must now "exercise reasonable diligence, intendance, and skill" when recommending an annuity and shall act in the best involvement of the consumer, under the circumstances known at the time the recommendation is made, without placing the producer'south or the insurer's financial involvement ahead of the consumer's interest.

A producer's obligations regarding care, disclosure, conflict of interest, and documentation include making advisable recommendations that consider the consumer'due south financial situation, insurance needs, and financial objectives, and reasonable efforts must be made to obtain consumer profile information from the consumer before making a recommendation.

Thus, a producer must be familiar with the annuity options available. Of those annuities the producer is authorized and licensed to sell, the producer must have a reasonable ground to believe the consumer would benefit from sure features of the annuity, such as annuitization, decease or living do good, or other insurance-related features. The producer must also exist able to communicate the footing of the recommendation.

Consumer profile data; characteristics of the insurer; and production costs, rates, benefits, and features are generally relevant factors in determining whether an annuity addresses a consumer's financial situation, insurance needs, and financial objectives. While each factor's importance may vary depending on a consumer'southward circumstances, each factor may not be considered in isolation.

Producers must make an endeavor to assemble customer profile information to determine whether a recommendation addresses the consumer'southward financial situation, insurance needs, and fiscal objectives, including age, income, assets and liabilities, financial experience, objectives, time horizon, use of the annuity, liquidity needs, risk tolerance, and tax status.

When exchanging or replacing an annuity, a producer must consider the whole transaction, factoring in surrender charges, commencement of a new surrender period, loss of existing benefits, increased fees, and other exchanges or replacements made within the previous v years. The new production must essentially benefit the consumer in comparison to the replaced product for its elapsing.

Disclosures

The model regulation requires specific disclosures of the customer relationship between the producer and consumer, the products the producer is authorized or licensed to sell, and the producer'due south compensation. The model regulation requires the utilize of a disclosure form ("Insurance Amanuensis [Producer] Disclosure for Annuities")signed past both the producer and customer; an example is provided equally an appendix.

Customer relationship: Before making a recommendation or selling an annuity, a producer must disembalm in writing the scope and terms of the relationship with the consumer and the producer's part in the transaction.

Products: The producer must land which products the producer is licensed and authorized to sell (fixed, fixed-indexed, and variable annuities; life insurance; mutual funds; stocks and bonds; and certificates of deposit).

Insurers: The producer must provide a statement describing the insurers for which the producer is authorized, contracted, appointed, or otherwise able to sell insurance products by indicating ane insurer, from 2 or more insurers, or from 2 or more insurers although primarily contracted with 1 insurer.

Compensation: The producer must also describe the sources and types of cash and non-cash compensation received, including whether the producer is to be compensated for the sale of a recommended annuity by commission equally role of a premium or other remuneration received from the insurer, intermediary or other producer or by a fee equally a outcome of a contract for advice or consulting services; and a notice of the consumer's right to request additional data regarding cash bounty. Upon request, the producer must disclose a reasonable estimate of the amount of cash compensation to be received, which may be stated every bit a range of amounts or percentages; and whether it'due south a one-fourth dimension or multiple occurrence amount, and if a multiple occurrence amount, the frequency and corporeality, which may exist stated every bit a range of amounts or percentages.

Conflicts of Interest: A producer shall identify and avoid or reasonably manage and disclose material conflicts of interest, including material conflicts of interest related to an buying interest.

Documentation: At the time of recommendation or sale, a producer must document any recommendation and its basis in writing. Should a customer reject to provide consumer profile information, the producer must obtain a statement signed past the consumer that documents the customer's refusal and the customer'south understanding of the implications of non providing consumer profile data. The model regulation provides a sample form ("Consumer Refusal to Provide Data") equally an appendix. Furthermore, a producer must obtain a statement signed past the consumer acknowledging that the annuity transaction is non recommended if a customer decides to purchase an annuity that is not recommended by the producer.

Awarding of all-time interest: Whatsoever requirement that applies to one producer must utilise to each producer who was involved in the recommendation and has received direct compensation equally a result, regardless of consumer contact. Providing marketing or educational materials, product wholesaling or other back part product back up, and general supervision of a producer do not, in and of themselves, constitute material control or influence.

Transactions not based on a recommendation: A producer shall have no obligation to a consumer if no recommendation is made, if a recommendation was made and was later found to take been based on materially inaccurate information provided by the consumer, if a consumer refuses to provide relevant consumer profile information and the annuity transaction is not recommended. If a consumer decides to purchase an annuity transaction that is not based on a recommendation, a disclosure must be made in writing and signed past both the producer and consumer. The model regulation provides a sample grade ("Consumer Conclusion to Purchase an Annuity NOT Based on a Recommendation") as an appendix.

Reasonable ground: Except as described under transactions not based on a recommendation, an insurer may not outcome a recommended annuity unless at that place is a reasonable basis to believe it would effectively address a consumer's financial situation, insurance needs, and financial objectives, based on the consumer's consumer profile information.

Supervision System

An insurer must establish and maintain a supervision system that is reasonably designed to attain the insurer's and its producers' compliance with model regulation #275, including:

Review

The insurer shall establish and maintain procedures for the review of each annuity recommendation prior to issuance that are designed to ensure that at that place is a reasonable footing to decide that the recommended annuity would effectively accost the item consumer's fiscal situation, insurance needs and financial objectives.

Not-compliance detection

The insurer shall establish and maintain reasonable procedures to discover recommendations that are non in compliance, including confirmation of the consumer's profile information, systematic client surveys, producer and consumer interviews, confirmation letters, producer statements or attestations, and internal monitoring. The insurer shall constitute and maintain reasonable procedures to identify and address suspicious consumer refusals to provide consumer profile information.

Verification

The insurer shall establish and maintain reasonable procedures to assess, prior to or upon issuance or delivery of an annuity, whether a producer has provided to the consumer the required data.

Sales incentives

The insurer shall establish and maintain reasonable procedures to identify and eliminate any sales contests, sales quotas, bonuses, and not-cash compensation that are based on the sales of specific annuities within limited periods of time. The insurer is not required to make its compensation system incentive-neutral with those of other carriers that may have different system. (But differences betwixt carriers are withal discipline to the rule that prohibits placing the producer's or insurer's interests alee of the consumer'due south.)

Effectiveness of supervision plan

The insurer shall annually provide a written report to senior management, including to the senior managing director responsible for audit functions, which details a review, with appropriate testing, reasonably designed to make up one's mind the effectiveness of the supervision system, exceptions found, and any corrective action recommended or taken.

Condom Harbor

Recommendations and sales of annuities made by registered broker-dealers, investment advisers, or a plan fiduciary in compliance with business concern rules, controls, and procedures that arrange to a comparable standard, such as the SEC'southward Regulation Best Interest, shall satisfy the requirements under this regulation as long as the insurer monitors the relevant conduct of the financial professional person or the entity responsible for supervising the financial professional.

Compliance Mitigation, Penalties, Enforcement

Insurers are responsible for compliance with this regulation. If a violation occurs, the commissioner may guild an insurer or agency to take reasonably advisable corrective action for any consumer harmed by an insurer's failure to comply or that of a producer or contracted agent for the insurer. Advisable penalties and sanctions may apply as well. Applicative penalties for a violation may be reduced or eliminated if corrective action is taken for the consumer is taken promptly and if the violation is not part of a pattern or exercise.

Recordkeeping

Insurers, general agents, independent agencies, and producers must maintain records of data collected from the consumer; disclosures made to the consumer, including summaries of oral disclosures; and other information used in making the recommendations that were the ground for insurance transactions. Each land volition specify the required number of years afterward the annuity transaction is completed that records are to exist kept.

Producer Training

A producer who has completed an annuity training course approved by the department of insurance prior to the effective date of the amended regulation must complete either a new four-credit training course canonical by the department of insurance or an additional old, 1-credit training course approved past the department of insurance and offered by an approved education provider. The preparation must focus on appropriate sales practices, replacement transactions, and disclosure requirements in the amended regulation. An insurer must verify that a producer has completed the required annuity preparation class before allowing the producer to sell an annuity product.

RegEd offers the ii courses that run into the requirements of the NAIC's revised model regulation #275, which will be submitted for approval and standing teaching (CE) credit in each land as their versions of this regulation get effective:

Recommending Annuities Under the NAIC Best Interest Standard (490)

This is the standard four-hour training class required of insurance agents before they may sell annuities. It details the standard of intendance agents must attach to when recommending annuities to clients. It discusses the fact finding and assay required to make a recommendation that is in the best interest of the client. It discusses conflicts of interests, disclosures to clients, and documentation. In addition, the course reviews the operations of unlike types of annuities and how they are used to meet different customer needs.

Recommending Annuities Under the New NAIC Best Interest Standard—One-60 minutes Update Course (491)

Veteran insurance agents who previously qualified to sell annuities under their state'due south version of the NAIC annuity suitability regulation may take this one-hour update class to qualify to sell annuities under the new NAIC best-interest standard. This course details the standard of intendance agents must adhere to when recommending annuities to clients. It discusses the fact finding and analysis required to make a recommendation that is in the best interest of the client. Information technology discusses conflicts of interests, disclosures to clients, and documentation.

RegEd is ready to assist insurance companies manage the process of revising the standards of the Suitability in Annuity Transactions Model Regulation (#275), including tracking recommendations, managing disclosures, documentation, and other compliance obligations, supported by efficient and enabling technology and people with deep experience in the process. For more than data: sales@reged.com, www.reged.com, or 800-334-8322.

About the Authors

Brandi Brown

Brandi Brown is the Senior Vice President of Regulatory Affairs at RegEd, Inc.

Margie Webber

Margie Webber is the Managing director, Regulatory Compliance BD/IA at RegEd, Inc.

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Source: https://www.reged.com/the-new-best-interest-standard-for-annuity-sales-an-overview-of-revisions-to-the-naics-model-regulation-275/