Insurance regulators bolster annuity suitability rules

Previously, the suitability rule imposed an obligation on insurers only with respect to variable annuities. Now it includes variable annuities as well.
MAY 03, 2010
New amendments to the National Association of Insurance Commissioners’ annuity suitability model regulations will hold carriers responsible for ensuring that all annuity transactions are suitable for clients. Previously, the suitability rule imposed an obligation on insurers only with respect to variable annuities. The rule originally was intended to bring more states in line in terms of suitable standards for fixed annuities. The NAIC’s executive committee and plenary committee, however, voted to adopt an updated version of the annuity suitability rule yesterday afternoon at its spring meeting in Denver. The amendments were originally proposed last year. There are three basic additions to the rule. The first establishes a regulatory framework that is aimed at holding companies responsible for ensuring that all annuity transactions are suitable for clients. Companies have to establish a system to supervise recommendations. The NAIC gave a list of factors going into the consideration for suitability, including the intended use of the annuity and the client’s existing assets, including investment and life insurance holdings. A second addition to the model regulation is to requirement that producers receive training on the provisions of annuities and the products they sell. The rule’s most recently approved amendment requires annuity producers to take a one-time, four-credit training course approved by an insurance department and provided by an education provider that’s been cleared by the insurance regulator. Topics in the course include how the provisions of contracts for fixed, variable and indexed annuities affect clients, and the use of appropriate sales practices and disclosure requirements. Producers who are currently insurance licensed and want to sell annuities must complete the course within six months of the effective date of the regulation. Finally, now the suitability standards — when feasible — need to be consistent with those of the Financial Industry Regulatory Authority. Broker-dealers selling variable annuities that are already subject to Finra’s suitability rules can cover their state regulatory requirements by adhering to Finra’s suitability requirements. Finra doesn’t have authority over fixed annuities, but broker-dealers that choose to subject fixed annuity sales to Finra standards of suitability and sales compliance would be meeting the NAIC’s requirements as well.

Latest News

Cerity Partners names Will Peng chief innovation officer
Cerity Partners names Will Peng chief innovation officer

The leading ultra-high-net-worth RIA joins other large wealth firms, including Raymond James and LPL, in creating executive roles focused on artificial intelligence strategy

BlackRock expands Aladdin's private markets benchmarking tools
BlackRock expands Aladdin's private markets benchmarking tools

New Preqin-powered benchmarks add transparency to private equity and credit performance across BlackRock's platforms.

Fed's Bowman pushes for lighter-touch AI oversight at smaller firms
Fed's Bowman pushes for lighter-touch AI oversight at smaller firms

Supervision vice chair speaks following recent launch of AI adoption practices by regulators.

Why fixed income still belongs in your clients' portfolios
Why fixed income still belongs in your clients' portfolios

In an era of AI euphoria and market FOMO, getting back to basics with fixed income may be the most contrarian and most important move advisors can make.

Voya expands advisor managed accounts to add private market assets
Voya expands advisor managed accounts to add private market assets

Voya Financial adds private equity, credit and real estate options to its AMA program, building on support for looser federal investment rules in retirement accounts.

SPONSORED Who builds the income when the pension disappears?

Dan Biagini of American Equity says the steady decline of pensions, longer lifespans and a reset in interest rates are rewriting how advisors build retirement income

SPONSORED Why direct indexing stopped being optional

Direct indexing is on pace to outgrow ETFs and mutual funds. Northern Trust's Ken Lassner explains why the advisors who get it wish they had started sooner.