States fight for right to regulate equity index annuities

When the SEC declared that equity index annuities are securities last year, it ignored the McCarran-Ferguson Act.
FEB 18, 2009
When the Securities and Exchange Commission declared that equity index annuities are securities last year, it ignored the McCarran-Ferguson Act, which grants states the right to regulate the insurance industry, state insurance regulators and legislators told a U.S. appeals court Tuesday. The National Association of Insurance Commissioners of Kansas City, Mo., and the National Conference of Insurance Legislators of Troy, N.Y., joined with a group of equity index annuity companies in asking the U.S. Court of Appeals for the District of Columbia Circuit to overturn the SEC rule, which extended securities regulation over the products last year, arguing that such protection is needed to protect investors. There is no widespread abuse in the sale of equity index annuities, the NAIC and NCOIL argued in their brief. The SEC ignored “significant evidence that a robust state regulatory scheme was already in place” that regulated the products, they said. “The commission did not consider the protections already provided by the state regulatory system,” which include heightened disclosure requirements and sales practice protection rules, the brief said. Equity index annuities are essentially insurance products, not securities, as they have a minimum guaranteed value, argued a group of petitioners led by American Equity Investment Life Insurance Co. of West Des Moines, Iowa. The companies filing that petition also argued that equity index annuities differ from variable annuities, which are regulated as securities under federal securities law. The value of variable annuities is determined entirely by the performance of the underlying investment fund, their brief said. Equity index annuities “are annuities, not regulated securities,” the brief said. “They are uniformly recognized as such by the states and are subject without exception to the state laws that exist to assure that insurance products provide protections against risk commensurate with the name,” it said. The SEC is to file its response April 6.

Latest News

Stratos Wealth Holdings closes 11 acquisitions in push for advisory scale
Stratos Wealth Holdings closes 11 acquisitions in push for advisory scale

RIA aggregator adds $4.8 billion in client assets across seven states as demand grows for alternatives to traditional succession models.

Beyond wealth management: Why the future of advice is becoming more human
Beyond wealth management: Why the future of advice is becoming more human

As technical expertise becomes increasingly commoditized, advisors who can integrate strategy, relationships, and specialized expertise into a cohesive client experience will define the next era of wealth management

Shareholder sues FS KKR Capital board, alleges NAV and dividend cover-up
Shareholder sues FS KKR Capital board, alleges NAV and dividend cover-up

Shareholder targets FS KKR Capital's directors over alleged portfolio valuation and dividend missteps.

UBS loses $1.2 million arbitration claim linked to variable annuities and margin
UBS loses $1.2 million arbitration claim linked to variable annuities and margin

UBS has a history of costly litigation stemming from the sale of volatile investment products.

'We are monitoring the situation,' SEC says of private funds
'We are monitoring the situation,' SEC says of private funds

New director David Woodcock puts firms on notice over fees, conflicts, and liquidity risk as private credit shows signs of stress.

SPONSORED Beyond wealth management: Why the future of advice is becoming more human

As technical expertise becomes increasingly commoditized, advisors who can integrate strategy, relationships, and specialized expertise into a cohesive client experience will define the next era of wealth management

SPONSORED Durability over scale: What actually defines a great advisory firm

Growth may get the headlines, but in my experience, longevity is earned through structure, culture, and discipline