AB 1373: Insurance.
- Session Year: 2017-2018
- House: Assembly
- Latest Version Date: 2018-09-17
Existing law provides that for purposes of specified group life insurance policies, the term employee may include, among others, the officers, managers, and employees of subsidiary or affiliated corporations, and the individual proprietors, partners, and employees of affiliated individuals and firms, as specified. Existing law requires a group life insurance policy to contain a certificate setting forth, among other things, specific information regarding the ability of the employee to retain insurance upon termination, to obtain additional insurance, and to receive benefits upon death.
This bill would also include within the definition of employees for those purposes classes of former employees, including retired employees, and would require these employees to also receive a certificate with those provisions.
Existing law provides that for purposes of specified group life insurance policies, the term employee may include, among others, the officers, managers, and employees of subsidiary or affiliated corporations, and the individual proprietors, partners, and employees of affiliated individuals and firms, as specified. Existing law requires a group life insurance policy to contain a certificate setting forth, among other things, specific information regarding the ability of the employee to retain insurance upon termination, to obtain additional insurance, and to receive benefits upon death.
This bill would also include within the definition of employees for those purposes classes of former employees, including retired employees, and would require these employees to also receive a certificate with those provisions.
Existing law provides that for purposes of specified group life insurance policies, the term employee may include, among others, the officers, managers, and employees of subsidiary or affiliated corporations, and the individual proprietors, partners, and employees of affiliated individuals and firms, as specified. Existing law requires a group life insurance policy to contain a certificate setting forth, among other things, specific information regarding the ability of the employee to retain insurance upon termination, to obtain additional insurance, and to receive benefits upon death.
This bill would also include within the definition of employees for those purposes classes of former employees, including retired employees, and would require these employees to also receive a certificate with those provisions.
Existing law prohibits an insurance producer from soliciting the sale of an annuity product unless the insurance producer has adequate knowledge of the product to recommend the annuity and the insurance producer is in compliance with the insurers standards for product training. Existing law requires insurance producers, who are otherwise entitled to engage in the sale of annuity products, to complete training approved by the Insurance Commissioner and provided by a commissioner-approved education provider consisting of specified topics, including, but not limited to, the types of annuities and various classifications of annuities and how fixed, variable, and indexed annuity contract provisions affect consumers.This bill would require an insurance producer soliciting the sale of an annuity product to provide the applicant with the appropriate deferred annuities buyers guide, as defined, adopted by the National Association of Insurance Commissioners, and would add those buyers guides to the list of training topics.Existing law provides that for purposes of specified group life insurance policies, the term employee may include, among others, the officers, managers, and employees of subsidiary or affiliated corporations, and the individual proprietors, partners, and employees of affiliated individuals and firms, as specified. Existing law requires a group life insurance policy to contain a certificate setting forth, among other things, specific information regarding the ability of the employee to retain insurance upon termination, to obtain additional insurance, and to receive benefits upon death.
This bill would also include within the definition of employees for those purposes classes of former employees, including retired employees, and would require these employees to also receive a certificate with those provisions.
Existing law prohibits an insurance producer from soliciting the sale of an annuity product unless the insurance producer has adequate knowledge of the product to recommend the annuity and the insurance producer is in compliance with the insurers standards for product training. Existing law requires insurance producers, who are otherwise entitled to engage in the sale of annuity products, to complete training approved by the Insurance Commissioner and provided by a commissioner-approved education provider consisting of specified topics, including, but not limited to, the types of annuities and various classifications of annuities and how fixed, variable, and indexed annuity contract provisions affect consumers.
This bill would require an insurance producer soliciting the sale of an annuity product to provide the applicant with the appropriate deferred annuities buyers guide, as defined, adopted by the National Association of Insurance Commissioners, and would add those buyers guides to the list of training topics.
Existing law prohibits an insurance producer from soliciting the sale of an annuity product unless the insurance producer has adequate knowledge of the product to recommend the annuity and the insurance producer is in compliance with the insurers standards for product training. Existing law requires insurance producers, who are otherwise entitled to engage in the sale of annuity products, to complete training approved by the commissioner Insurance Commissioner and provided by a commissioner-approved education provider consisting of specified topics, including, but not limited to, the types of annuities and various classifications of annuities and how fixed, variable, and indexed annuity contract provisions affect consumers.
This bill would add model laws and regulations adopted by the National Association of Insurance Commissioners relating to the sale of annuities require an insurance producer soliciting the sale of an annuity product to provide the applicant with the appropriate deferred annuities buyers guide, as defined, adopted by the National Association of Insurance Commissioners, and would add those buyers guides to the list of training topics.
Existing law requires insurance producers, who are otherwise entitled to engage in the sale of annuity products, to complete training approved by the commissioner and provided by a commissioner-approved education provider consisting of specified topics, including, but not limited to, the types of annuities and various classifications of annuities and how fixed, variable, and indexed annuity contract provisions affect consumers.
This bill would add model laws and regulations adopted by the National Association of Insurance Commissioners relating to the sale of annuities to the list of training topics.
Life insurance conforming to all the following conditions is one form of group life insurance:
(a)Written under a policy covering when issued not less than two public or private employees.
(b)Written under a policy issued to the employer, the premium on which is to be paid by the employer, by the employee, or by the employer and employees jointly, and insuring either all of the employees or all of any class or classes thereof, determined by conditions pertaining to the employment.
(c)For amounts of insurance based upon some plan which will preclude individual selection.
(d)For the benefit of persons other than the employer. That group insurance may be for the benefit of a trustee of a pension, welfare benefit plan, or trust established by an employer providing life, health, disability, retirement, or similar benefits to employees of the employer or its affiliates, and acting in a fiduciary capacity with respect to those employees, retired employees, or their dependents or beneficiaries, where the trustee has an insurable interest in the lives of the employees for whom those benefits are to be provided and where the employee has consented in writing to the coverage.
(e)When the premium is to be paid by the employer and employee jointly and the benefits of the policy are offered to all eligible employees.
(f)Terminating if, subsequent to issue, (1) the number of employees insured falls below two lives, and (2) the employee contributions, if the premiums for the insurance are on a renewable term insurance basis, exceed one dollar ($1) per month per one thousand dollars ($1,000) of insurance coverage plus an amount equal to any additional premium per one thousand dollars ($1,000) of insurance coverage charged to cover one or more hazardous occupations.
(g)The application period and the notice requirements shall be the same for classes of former employees and retired employees as those set forth in paragraphs (2) and (4) of subdivision (a) of, and subdivision (b) of, Section 10209.
That insurance may be issued either with or without medical examinations.
SEC. 2.Section 10202.5 of the Insurance Code is amended to read:10202.5.(a)The term employees as used in Section 10202 may include the officers, managers, and employees of subsidiary or affiliated corporations, and the individual proprietors, partners, and employees of affiliated individuals and firms, when the business of such subsidiary or affiliated corporations, firms or individuals is controlled by the policyholder through stock ownership, contract or otherwise, or when the policyholder is controlled by affiliated corporations, firms or individuals through stock ownership, contract or otherwise. The policy may provide that the term employees as used in Section 10202 may include classes of former employees, including retired employees, and may also include the individual proprietors or partners who constitute the policyholder, but limited to such individual proprietors and partners who are actively engaged in the business the employees of which are covered by the group insurance.
(b)Nothing contained herein shall permit any person other than an officer, manager, or employee for compensation, or classes of former employees, including retired employees, of the policyholder or of one or more of the individuals, firms, or corporations or of the individual proprietors or partners specified in subdivision (a) to become insured under a group policy.
SEC. 3.Section 10202.8 of the Insurance Code is amended to read:10202.8.A group life policy conforming to all the following conditions may be issued to the trustees of a fund established by employer members of a trade association, or by a trade association maintained by contributions of such members for the sole benefit of their employees or, by one employer, or by two or more employers in the same industry, or by an association of employers in the same industry, or by one or more labor unions, or by one or more employers and one or more labor unions, or by an association of employers and one or more labor unions, to insure employees of the employers or members of the unions for the benefit of persons other than the employers or the unions:
(a)The persons eligible for insurance shall be all of the employees of the employers or all of the members of the unions, or all of any class or classes thereof determined by conditions pertaining to their employment, or to membership in the unions, or to both. The policy may provide that the term employees may include classes of former employees, including retired employees, and the individual proprietor or partners if any employer is an individual proprietor or a partnership. No director of a corporate employer shall be eligible for insurance under the policy unless such person is otherwise eligible as a bona fide employee of the corporation by performing services other than the usual duties of a director. No individual proprietor or partner shall be eligible for insurance under the policy unless he is actively engaged in and devotes a substantial part of his time to the conduct of the business of the proprietor or partnership. The policy may provide that the term employees shall include the trustees or their employees, or both, if their duties are principally connected with such trusteeship.
(b)The premium for the policy shall be paid by the trustees either: (a) wholly from funds contributed by the employer or employers of the insured persons, or by the union or unions, or by both; or (b) partly from such funds and partly from funds contributed by either all of the insured persons or by one or more classes thereof, or (c) wholly derived funds contributed by the insured persons.
(c)The policy must cover at the date of issue at least 50 persons.
(d)The amounts of insurance under the policy must be based upon some plan precluding individual selection by the insured persons or by the trustees, employers or unions.
That insurance shall be issued with or without medical examination. For the purpose of this section the word industry shall include licensed professions, such as medicine, dentistry, pharmacy, law, and accountancy.
Life insurance conforming to all the following conditions is one form of group life insurance:
(a)Written under a policy covering when issued not less than two public or private employees.
(b)Written under a policy issued to the employer, the premium on which is to be paid by the employer, by the employee, or by the employer and employees jointly, and insuring either all of the employees or all of any class or classes thereof, determined by conditions pertaining to the employment.
(c)For amounts of insurance based upon some plan which will preclude individual selection.
(d)For the benefit of persons other than the employer. That group insurance may be for the benefit of a trustee of a pension, welfare benefit plan, or trust established by an employer providing life, health, disability, retirement, or similar benefits to employees of the employer or its affiliates, and acting in a fiduciary capacity with respect to those employees, retired employees, or their dependents or beneficiaries, where the trustee has an insurable interest in the lives of the employees for whom those benefits are to be provided and where the employee has consented in writing to the coverage.
(e)When the premium is to be paid by the employer and employee jointly and the benefits of the policy are offered to all eligible employees.
(f)Terminating if, subsequent to issue, (1) the number of employees insured falls below two lives, and (2) the employee contributions, if the premiums for the insurance are on a renewable term insurance basis, exceed one dollar ($1) per month per one thousand dollars ($1,000) of insurance coverage plus an amount equal to any additional premium per one thousand dollars ($1,000) of insurance coverage charged to cover one or more hazardous occupations.
(g)The application period and the notice requirements shall be the same for classes of former employees and retired employees as those set forth in paragraphs (2) and (4) of subdivision (a) of, and subdivision (b) of, Section 10209.
That insurance may be issued either with or without medical examinations.
SEC. 2.Section 10202.5 of the Insurance Code is amended to read:10202.5.(a)The term employees as used in Section 10202 may include the officers, managers, and employees of subsidiary or affiliated corporations, and the individual proprietors, partners, and employees of affiliated individuals and firms, when the business of such subsidiary or affiliated corporations, firms or individuals is controlled by the policyholder through stock ownership, contract or otherwise, or when the policyholder is controlled by affiliated corporations, firms or individuals through stock ownership, contract or otherwise. The policy may provide that the term employees as used in Section 10202 may include classes of former employees, including retired employees, and may also include the individual proprietors or partners who constitute the policyholder, but limited to such individual proprietors and partners who are actively engaged in the business the employees of which are covered by the group insurance.
(b)Nothing contained herein shall permit any person other than an officer, manager, or employee for compensation, or classes of former employees, including retired employees, of the policyholder or of one or more of the individuals, firms, or corporations or of the individual proprietors or partners specified in subdivision (a) to become insured under a group policy.
SEC. 3.Section 10202.8 of the Insurance Code is amended to read:10202.8.A group life policy conforming to all the following conditions may be issued to the trustees of a fund established by employer members of a trade association, or by a trade association maintained by contributions of such members for the sole benefit of their employees or, by one employer, or by two or more employers in the same industry, or by an association of employers in the same industry, or by one or more labor unions, or by one or more employers and one or more labor unions, or by an association of employers and one or more labor unions, to insure employees of the employers or members of the unions for the benefit of persons other than the employers or the unions:
(a)The persons eligible for insurance shall be all of the employees of the employers or all of the members of the unions, or all of any class or classes thereof determined by conditions pertaining to their employment, or to membership in the unions, or to both. The policy may provide that the term employees may include classes of former employees, including retired employees, and the individual proprietor or partners if any employer is an individual proprietor or a partnership. No director of a corporate employer shall be eligible for insurance under the policy unless such person is otherwise eligible as a bona fide employee of the corporation by performing services other than the usual duties of a director. No individual proprietor or partner shall be eligible for insurance under the policy unless he is actively engaged in and devotes a substantial part of his time to the conduct of the business of the proprietor or partnership. The policy may provide that the term employees shall include the trustees or their employees, or both, if their duties are principally connected with such trusteeship.
(b)The premium for the policy shall be paid by the trustees either: (a) wholly from funds contributed by the employer or employers of the insured persons, or by the union or unions, or by both; or (b) partly from such funds and partly from funds contributed by either all of the insured persons or by one or more classes thereof, or (c) wholly derived funds contributed by the insured persons.
(c)The policy must cover at the date of issue at least 50 persons.
(d)The amounts of insurance under the policy must be based upon some plan precluding individual selection by the insured persons or by the trustees, employers or unions.
That insurance shall be issued with or without medical examination. For the purpose of this section the word industry shall include licensed professions, such as medicine, dentistry, pharmacy, law, and accountancy.
Life insurance conforming to all the following conditions is one form of group life insurance:
(a)Written under a policy covering when issued not less than two public or private employees.
(b)Written under a policy issued to the employer, the premium on which is to be paid by the employer, by the employee, or by the employer and employees jointly, and insuring either all of the employees or all of any class or classes thereof, determined by conditions pertaining to the employment.
(c)For amounts of insurance based upon some plan which will preclude individual selection.
(d)For the benefit of persons other than the employer. That group insurance may be for the benefit of a trustee of a pension, welfare benefit plan, or trust established by an employer providing life, health, disability, retirement, or similar benefits to employees of the employer or its affiliates, and acting in a fiduciary capacity with respect to those employees, retired employees, or their dependents or beneficiaries, where the trustee has an insurable interest in the lives of the employees for whom those benefits are to be provided and where the employee has consented in writing to the coverage.
(e)When the premium is to be paid by the employer and employee jointly and the benefits of the policy are offered to all eligible employees.
(f)Terminating if, subsequent to issue, (1) the number of employees insured falls below two lives, and (2) the employee contributions, if the premiums for the insurance are on a renewable term insurance basis, exceed one dollar ($1) per month per one thousand dollars ($1,000) of insurance coverage plus an amount equal to any additional premium per one thousand dollars ($1,000) of insurance coverage charged to cover one or more hazardous occupations.
(g)The application period and the notice requirements shall be the same for classes of former employees and retired employees as those set forth in paragraphs (2) and (4) of subdivision (a) of, and subdivision (b) of, Section 10209.
That insurance may be issued either with or without medical examinations.
SEC. 2.Section 10202.5 of the Insurance Code is amended to read:10202.5.(a)The term employees as used in Section 10202 may include the officers, managers, and employees of subsidiary or affiliated corporations, and the individual proprietors, partners, and employees of affiliated individuals and firms, when the business of such subsidiary or affiliated corporations, firms or individuals is controlled by the policyholder through stock ownership, contract or otherwise, or when the policyholder is controlled by affiliated corporations, firms or individuals through stock ownership, contract or otherwise. The policy may provide that the term employees as used in Section 10202 may include classes of former employees, including retired employees, and may also include the individual proprietors or partners who constitute the policyholder, but limited to such individual proprietors and partners who are actively engaged in the business the employees of which are covered by the group insurance.
(b)Nothing contained herein shall permit any person other than an officer, manager, or employee for compensation, or classes of former employees, including retired employees, of the policyholder or of one or more of the individuals, firms, or corporations or of the individual proprietors or partners specified in subdivision (a) to become insured under a group policy.
SEC. 3.Section 10202.8 of the Insurance Code is amended to read:10202.8.A group life policy conforming to all the following conditions may be issued to the trustees of a fund established by employer members of a trade association, or by a trade association maintained by contributions of such members for the sole benefit of their employees or, by one employer, or by two or more employers in the same industry, or by an association of employers in the same industry, or by one or more labor unions, or by one or more employers and one or more labor unions, or by an association of employers and one or more labor unions, to insure employees of the employers or members of the unions for the benefit of persons other than the employers or the unions:
(a)The persons eligible for insurance shall be all of the employees of the employers or all of the members of the unions, or all of any class or classes thereof determined by conditions pertaining to their employment, or to membership in the unions, or to both. The policy may provide that the term employees may include classes of former employees, including retired employees, and the individual proprietor or partners if any employer is an individual proprietor or a partnership. No director of a corporate employer shall be eligible for insurance under the policy unless such person is otherwise eligible as a bona fide employee of the corporation by performing services other than the usual duties of a director. No individual proprietor or partner shall be eligible for insurance under the policy unless he is actively engaged in and devotes a substantial part of his time to the conduct of the business of the proprietor or partnership. The policy may provide that the term employees shall include the trustees or their employees, or both, if their duties are principally connected with such trusteeship.
(b)The premium for the policy shall be paid by the trustees either: (a) wholly from funds contributed by the employer or employers of the insured persons, or by the union or unions, or by both; or (b) partly from such funds and partly from funds contributed by either all of the insured persons or by one or more classes thereof, or (c) wholly derived funds contributed by the insured persons.
(c)The policy must cover at the date of issue at least 50 persons.
(d)The amounts of insurance under the policy must be based upon some plan precluding individual selection by the insured persons or by the trustees, employers or unions.
That insurance shall be issued with or without medical examination. For the purpose of this section the word industry shall include licensed professions, such as medicine, dentistry, pharmacy, law, and accountancy.
SEC. 4.Section 10509.915 of the Insurance Code is amended to read:10509.915.(a)(1)An insurance producer shall not solicit the sale of an annuity product unless the insurance producer has adequate knowledge of the product to recommend the annuity, has provided the applicant with the appropriate buyers guide, and the insurance producer is in compliance with the insurers standards for product training. An insurance producer may rely on insurer-provided product-specific training standards and materials to comply with this subdivision.(2)As used in this section, buyers guide means one of the following buyers guides adopted by the National Association of Insurance Commissioners:(A)With respect to sales of fixed or fixed indexed annuities, either of the following:(i)The Buyers Guide for Deferred Annuities (2013).(ii)The Buyers Guide for Deferred Annuities Fixed (2013).(B)With respect to sales of variable annuities, either of the following:(i)The Buyers Guide for Deferred Annuities (2013).(ii)The Buyers Guide for Deferred Annuities Variable (2013).(b)(1)An insurance producer who is otherwise entitled to engage in the sale of annuity products shall complete a one-time eight credit-hour annuity training course approved by the commissioner and provided by a commissioner-approved education provider, prior to commencing the transaction of annuities, pursuant to subdivision (a) of Section 1749.8.(2)In addition to the requirement set forth in paragraph (1), every producer who engages in this state in the sale of annuity products shall satisfactorily complete four continuing education credits prior to license renewal every two years, pursuant to subdivision (b) of Section 1749.8.(3)The training required under this subdivision shall include information on all of the following topics:(A)The types of annuities and various classifications of annuities.(B)Identification of the parties to an annuity.(C)How fixed, variable, and indexed annuity contract provisions affect consumers.(D)The application of income taxation of qualified and nonqualified annuities.(E)The primary uses of annuities.(F)Prohibited sales practices, the recognition of indicators that a prospective insured may lack the short-term memory or judgment to knowingly purchase an insurance product, and fraudulent and unfair trade practices, as well as replacement and disclosure requirements for sales of annuities, all as provided under California law, including, but not limited to, this article.(G)The buyers guides adopted by the National Association of Insurance Commissioners.(4)Providers of courses intended to comply with this section shall cover all topics listed in the prescribed outline and shall not present any marketing information or provide training on sales techniques or provide specific information about a particular insurers products. Additional topics may be offered in conjunction with and in addition to the required outline.(5)A provider of an annuity training course intended to comply with this section shall register as a CE provider in this state and comply with the rules and guidelines applicable to insurance producer continuing education courses as set forth in subdivisions (d) and (e) of Section 1749.1, Section 1749.8, and in Sections 2188, 2188.1, 2188.2, 2188.3, 2188.4, 2188.50, 2188.6, 2188.7, 2188.8, and 2188.9 of Title 10 of the California Code of Regulations.(6)Annuity training courses may be conducted and completed by classroom or self-study methods in accordance with Sections 2188.2 and 2188.3 of Title 10 of the California Code of Regulations.(7)Providers of annuity training shall comply with the reporting requirements and shall issue certificates of completion in accordance with Section 2188.8 of Title 10 of the California Code of Regulations.(8)An insurer shall verify that an insurance producer has completed the annuity training required under this section before allowing the producer to sell an annuity product for that insurer. An insurer may satisfy its responsibility under this paragraph by obtaining certificates of completion of the training course or obtaining reports provided by commissioner-sponsored database systems or vendors or from a reasonably reliable commercial database vendor that has a reporting arrangement with approved insurance education providers.Life insurance conforming to all the following conditions is one form of group life insurance:
(a)Written under a policy covering when issued not less than two public or private employees.
(b)Written under a policy issued to the employer, the premium on which is to be paid by the employer, by the employee, or by the employer and employees jointly, and insuring either all of the employees or all of any class or classes thereof, determined by conditions pertaining to the employment.
(c)For amounts of insurance based upon some plan which will preclude individual selection.
(d)For the benefit of persons other than the employer. That group insurance may be for the benefit of a trustee of a pension, welfare benefit plan, or trust established by an employer providing life, health, disability, retirement, or similar benefits to employees of the employer or its affiliates, and acting in a fiduciary capacity with respect to those employees, retired employees, or their dependents or beneficiaries, where the trustee has an insurable interest in the lives of the employees for whom those benefits are to be provided and where the employee has consented in writing to the coverage.
(e)When the premium is to be paid by the employer and employee jointly and the benefits of the policy are offered to all eligible employees.
(f)Terminating if, subsequent to issue, (1) the number of employees insured falls below two lives, and (2) the employee contributions, if the premiums for the insurance are on a renewable term insurance basis, exceed one dollar ($1) per month per one thousand dollars ($1,000) of insurance coverage plus an amount equal to any additional premium per one thousand dollars ($1,000) of insurance coverage charged to cover one or more hazardous occupations.
(g)The application period and the notice requirements shall be the same for classes of former employees and retired employees as those set forth in paragraphs (2) and (4) of subdivision (a) of, and subdivision (b) of, Section 10209.
That insurance may be issued either with or without medical examinations.
SEC. 2.Section 10202.5 of the Insurance Code is amended to read:10202.5.(a)The term employees as used in Section 10202 may include the officers, managers managers, and employees of subsidiary or affiliated corporations, and the individual proprietors, partners partners, and employees of affiliated individuals and firms, when the business of such subsidiary or affiliated corporations, firms or individuals is controlled by the policyholder through stock ownership, contract or otherwise, or when the policyholder is controlled by affiliated corporations, firms or individuals through stock ownership, contract or otherwise. The policy may provide that the term employees as used in Section 10202 may include classes of former employees, including retired employees, and may also include the individual proprietors or partners who constitute the policyholder, but limited to such individual proprietors and partners who are actively engaged in the business the employees of which are covered by the group insurance.
(b)Nothing contained herein shall permit any person other than an officer, manager, or employee for compensation compensation, or classes of former employees, including retired employees, of the policyholder or of one or more of the individuals, firms, or corporations or of the individual proprietors or partners specified in subdivision (a) to become insured under a group policy.
SEC. 3.Section 10202.8 of the Insurance Code is amended to read:10202.8.A group life policy conforming to all the following conditions may be issued to the trustees of a fund established by employer members of a trade association, or by a trade association maintained by contributions of such members for the sole benefit of their employees or, by one employer, or by two or more employers in the same industry, or by an association of employers in the same industry, or by one or more labor unions, or by one or more employers and one or more labor unions, or by an association of employers and one or more labor unions, to insure employees of the employers or members of the unions for the benefit of persons other than the employers or the unions:
(a)The persons eligible for insurance shall be all of the employees of the employers or all of the members of the unions, or all of any class or classes thereof determined by conditions pertaining to their employment, or to membership in the unions, or to both. The policy may provide that the term employees shall include may include classes of former employees, including retired employees, and the individual proprietor or partners if any employer is an individual proprietor or a partnership. No director of a corporate employer shall be eligible for insurance under the policy unless such person is otherwise eligible as a bona fide employee of the corporation by performing services other than the usual duties of a director. No individual proprietor or partner shall be eligible for insurance under the policy unless he is actively engaged in and devotes a substantial part of his time to the conduct of the business of the proprietor or partnership. The policy may provide that the term employees shall include the trustees or their employees, or both, if their duties are principally connected with such trusteeship.
(b)The premium for the policy shall be paid by the trustees either: (a) wholly from funds contributed by the employer or employers of the insured persons, or by the union or unions, or by both; or (b) partly from such funds and partly from funds contributed by either all of the insured persons or by one or more classes thereof, or (c) wholly derived funds contributed by the insured persons.
(c)The policy must cover at the date of issue at least 50 persons.
(d)The amounts of insurance under the policy must be based upon some plan precluding individual selection by the insured persons or by the trustees, employers or unions.
That insurance shall be issued with or without medical examination. For the purpose of this section the word industry shall include licensed professions, such as medicine, dentistry, pharmacy, law law, and accountancy.
SECTION 1.SEC. 4.Section 10509.915 of the Insurance Code is amended to read:10509.915.(a)(1)An insurance producer shall not solicit the sale of an annuity product unless the insurance producer has adequate knowledge of the product to recommend the annuity, has provided the applicant with the appropriate buyers guide, and the insurance producer is in compliance with the insurers standards for product training. An insurance producer may rely on insurer-provided product-specific training standards and materials to comply with this subdivision.
(2)As used in this section, buyers guide means one of the following buyers guides adopted by the National Association of Insurance Commissioners:
(A)With respect to sales of fixed or fixed indexed annuities, either of the following:
(i)The Buyers Guide for Deferred Annuities (2013).
(ii)The Buyers Guide for Deferred Annuities Fixed (2013).
(B)With respect to sales of variable annuities, either of the following:
(i)The Buyers Guide for Deferred Annuities (2013).
(ii)The Buyers Guide for Deferred Annuities Variable (2013).
(b)(1)An insurance producer who is otherwise entitled to engage in the sale of annuity products shall complete a one-time eight credit-hour annuity training course approved by the commissioner and provided by a commissioner-approved education provider, prior to commencing the transaction of annuities, pursuant to subdivision (a) of Section 1749.8.
(2)In addition to the requirement set forth in paragraph (1), every producer who engages in this state in the sale of annuity products shall satisfactorily complete four continuing education credits prior to license renewal every two years, pursuant to subdivision (b) of Section 1749.8.
(3)The training required under this subdivision shall include information on all of the following topics:
(A)The types of annuities and various classifications of annuities.
(B)Identification of the parties to an annuity.
(C)How fixed, variable, and indexed annuity contract provisions affect consumers.
(D)The application of income taxation of qualified and nonqualified annuities.
(E)The primary uses of annuities.
(F)Prohibited sales practices, the recognition of indicators that a prospective insured may lack the short-term memory or judgment to knowingly purchase an insurance product, and fraudulent and unfair trade practices, as well as replacement and disclosure requirements for sales of annuities, all as provided under California law, including, but not limited to, this article.
(G)The buyers guides adopted by the National Association of Insurance Commissioners.
(4)Providers of courses intended to comply with this section shall cover all topics listed in the prescribed outline and shall not present any marketing information or provide training on sales techniques or provide specific information about a particular insurers products. Additional topics may be offered in conjunction with and in addition to the required outline.
(5)A provider of an annuity training course intended to comply with this section shall register as a CE provider in this state and comply with the rules and guidelines applicable to insurance producer continuing education courses as set forth in subdivisions (d) and (e) of Section 1749.1, Section 1749.8, and in Sections 2188, 2188.1, 2188.2, 2188.3, 2188.4, 2188.50, 2188.6, 2188.7, 2188.8, and 2188.9 of Title 10 of the California Code of Regulations.
(6)Annuity training courses may be conducted and completed by classroom or self-study methods in accordance with Sections 2188.2 and 2188.3 of Title 10 of the California Code of Regulations.
(7)Providers of annuity training shall comply with the reporting requirements and shall issue certificates of completion in accordance with Section 2188.8 of Title 10 of the California Code of Regulations.
(8)An insurer shall verify that an insurance producer has completed the annuity training required under this section before allowing the producer to sell an annuity product for that insurer. An insurer may satisfy its responsibility under this paragraph by obtaining certificates of completion of the training course or obtaining reports provided by commissioner-sponsored database systems or vendors or from a reasonably reliable commercial database vendor that has a reporting arrangement with approved insurance education providers.
(a)(1)An insurance producer shall not solicit the sale of an annuity product unless the insurance producer has adequate knowledge of the product to recommend the annuity annuity, has provided the applicant with the appropriate buyers guide, and the insurance producer is in compliance with the insurers standards for product training. An insurance producer may rely on insurer-provided product-specific training standards and materials to comply with this subdivision.
(2)As used in this section, buyers guide means one of the following buyers guides adopted by the National Association of Insurance Commissioners:
(A)With respect to sales of fixed or fixed indexed annuities, either of the following:
(i)The Buyers Guide for Deferred Annuities (2013).
(ii)The Buyers Guide for Deferred Annuities Fixed (2013).
(B)With respect to sales of variable annuities, either of the following:
(i)The Buyers Guide for Deferred Annuities (2013).
(ii)The Buyers Guide for Deferred Annuities Variable (2013).
(b)(1)An insurance producer who is otherwise entitled to engage in the sale of annuity products shall complete a one-time eight credit-hour annuity training course approved by the commissioner and provided by a commissioner-approved education provider, prior to commencing the transaction of annuities, pursuant to subdivision (a) of Section 1749.8.
(2)In addition to the requirement set forth in paragraph (1), every producer who engages in this state in the sale of annuity products shall satisfactorily complete four continuing education credits prior to license renewal every two years, pursuant to subdivision (b) of Section 1749.8.
(3)The training required under this subdivision shall include information on all of the following topics:
(A)The types of annuities and various classifications of annuities.
(B)Identification of the parties to an annuity.
(C)How fixed, variable, and indexed annuity contract provisions affect consumers.
(D)The application of income taxation of qualified and nonqualified annuities.
(E)The primary uses of annuities.
(F)Prohibited sales practices, the recognition of indicators that a prospective insured may lack the short-term memory or judgment to knowingly purchase an insurance product, and fraudulent and unfair trade practices, as well as replacement and disclosure requirements for sales of annuities, all as provided under California law, including, but not limited to, this article.
(G)Model laws and regulations adopted by the National Association of Insurance Commissioners relating to the sale of annuities.(G)The buyers guides adopted by the National Association of Insurance Commissioners.
(4)Providers of courses intended to comply with this section shall cover all topics listed in the prescribed outline and shall not present any marketing information or provide training on sales techniques or provide specific information about a particular insurers products. Additional topics may be offered in conjunction with and in addition to the required outline.
(5)A provider of an annuity training course intended to comply with this section shall register as a CE provider in this state and comply with the rules and guidelines applicable to insurance producer continuing education courses as set forth in subdivisions (d) and (e) of Section 1749.1, Section 1749.8, and in Sections 2188, 2188.1, 2188.2, 2188.3, 2188.4, 2188.50, 2188.6, 2188.7, 2188.8, 2188.50, and 2188.9 of Title 10 of the California Code of Regulations.
(6)Annuity training courses may be conducted and completed by classroom or self-study methods in accordance with Sections 2188.2 and 2188.3 of Title 10 of the California Code of Regulations.
(7)Providers of annuity training shall comply with the reporting requirements and shall issue certificates of completion in accordance with Section 2188.8 of Title 10 of the California Code of Regulations.
(8)An insurer shall verify that an insurance producer has completed the annuity training required under this section before allowing the producer to sell an annuity product for that insurer. An insurer may satisfy its responsibility under this paragraph by obtaining certificates of completion of the training course or obtaining reports provided by commissioner-sponsored database systems or vendors or from a reasonably reliable commercial database vendor that has a reporting arrangement with approved insurance education providers.
(a)An insurance producer shall not solicit the sale of an annuity product unless the insurance producer has adequate knowledge of the product to recommend the annuity and the insurance producer is in compliance with the insurers standards for product training. An insurance producer may rely on insurer-provided product-specific training standards and materials to comply with this subdivision.
(b)(1)An insurance producer who is otherwise entitled to engage in the sale of annuity products shall complete a one-time eight credit-hour annuity training course approved by the commissioner and provided by a commissioner-approved education provider, prior to commencing the transaction of annuities, pursuant to subdivision (a) of Section 1749.8.
(2)In addition to the requirement set forth in paragraph (1), every producer who engages in this state in the sale of annuity products shall satisfactorily complete four continuing education credits prior to license renewal every two years, pursuant to subdivision (b) of Section 1749.8.
(3)The training required under this subdivision shall include information on all of the following topics:
(A)The types of annuities and various classifications of annuities.
(B)Identification of the parties to an annuity.
(C)How fixed, variable, and indexed annuity contract provisions affect consumers.
(D)The application of income taxation of qualified and nonqualified annuities.
(E)The primary uses of annuities.
(F)Prohibited sales practices, the recognition of indicators that a prospective insured may lack the short-term memory or judgment to knowingly purchase an insurance product, and fraudulent and unfair trade practices, as well as replacement and disclosure requirements for sales of annuities, all as provided under California law, including, but not limited to, this article.
(G)Model laws and regulations adopted by the National Association of Insurance Commissioners relating to the sale of annuities.
(4)Providers of courses intended to comply with this section shall cover all topics listed in the prescribed outline and shall not present any marketing information or provide training on sales techniques or provide specific information about a particular insurers products. Additional topics may be offered in conjunction with and in addition to the required outline.
(5)A provider of an annuity training course intended to comply with this section shall register as a CE provider in this state and comply with the rules and guidelines applicable to insurance producer continuing education courses as set forth in subdivisions (d) and (e) of Section 1749.1, Section 1749.8, in subdivisions (d) and (e) of Section 1749.1, and in Sections 2188, 2188.1, 2188.2, 2188.3, 2188.4, 2188.6, 2188.7, 2188.8, 2188.50, and 2188.9 of Title 10 of the California Code of Regulations.
(6)Annuity training courses may be conducted and completed by classroom or self-study methods in accordance with Sections 2188.2 and 2188.3 of Title 10 of the California Code of Regulations.
(7)Providers of annuity training shall comply with the reporting requirements and shall issue certificates of completion in accordance with Section 2188.8 of Title 10 of the California Code of Regulations.
(8)An insurer shall verify that an insurance producer has completed the annuity training required under this section before allowing the producer to sell an annuity product for that insurer. An insurer may satisfy its responsibility under this paragraph by obtaining certificates of completion of the training course or obtaining reports provided by commissioner-sponsored database systems or vendors or from a reasonably reliable commercial database vendor that has a reporting arrangement with approved insurance education providers.
|
Date
|
Status
|
|---|---|
| Sep 17, 2018 | Chaptered by Secretary of State - Chapter 425, Statutes of 2018. |
| Sep 17, 2018 | Approved by the Governor. |
| Sep 4, 2018 | Enrolled and presented to the Governor at 3 p.m. |
| Aug 27, 2018 | Senate amendments concurred in. To Engrossing and Enrolling. |
| Aug 22, 2018 | From committee: That the Senate amendments be concurred in. (Ayes 13. Noes 0.) (August 22). |
| Aug 16, 2018 | Re-referred to Com. on INS. pursuant to Assembly Rule 77.2. |
| Aug 14, 2018 | In Assembly. Concurrence in Senate amendments pending. May be considered on or after August 16 pursuant to Assembly Rule 77. |
| Aug 13, 2018 | Read third time. Passed. Ordered to the Assembly. |
| Aug 7, 2018 | Read second time. Ordered to third reading. |
| Aug 6, 2018 | From committee: Be ordered to second reading pursuant to Senate Rule 28.8. |
| Jul 3, 2018 | From committee chair, with author's amendments: Amend, and re-refer to committee. Read second time, amended, and re-referred to Com. on APPR. |
| Jul 2, 2018 | Read second time and amended. Re-referred to Com. on APPR. |
| Jun 28, 2018 | From committee: Amend, and do pass as amended and re-refer to Com. on APPR. (Ayes 12. Noes 0.) (June 27). |
| May 10, 2017 | Referred to Com. on INS. |
| Apr 20, 2017 | In Senate. Read first time. To Com. on RLS. for assignment. |
| Apr 20, 2017 | Read third time. Passed. Ordered to the Senate. (Ayes 74. Noes 0. Page 1145.) |
| Apr 6, 2017 | Read second time. Ordered to Consent Calendar. |
| Apr 5, 2017 | From committee: Do pass. To Consent Calendar. (Ayes 17. Noes 0.) (April 5). |
| Mar 29, 2017 | From committee: Do pass and re-refer to Com. on APPR. with recommendation: To Consent Calendar. (Ayes 12. Noes 0.) (March 29). Re-referred to Com. on APPR. |
| Mar 23, 2017 | Re-referred to Com. on INS. |
| Mar 22, 2017 | From committee chair, with author's amendments: Amend, and re-refer to Com. on INS. Read second time and amended. |
| Mar 13, 2017 | Referred to Com. on INS. |
| Feb 19, 2017 | From printer. May be heard in committee March 21. |
| Feb 17, 2017 | Read first time. To print. |
|
Date
|
Description
|
Location
|
Votes
|
|
|---|---|---|---|---|
| Aug 27, 2018 | AB 1373 DALY Concurrence in Senate Amendments | Assembly Floor |
Passed |
|
| Aug 22, 2018 | With recommendation: That Senate amendments be concurred in. | Assembly Standing Committee on Insurance |
Passed |
|
| Aug 13, 2018 | Assembly 3rd Reading AB1373 Daly By Lara | Senate Floor |
Passed |
|
| Jun 27, 2018 | Do pass as amended, but first amend, and re-refer to the Committee on [Appropriations] | Senate Standing Committee on Insurance |
Passed |
|
| Apr 20, 2017 | Third Reading | Assembly Floor |
Passed |
|
| Apr 5, 2017 | Do pass. To Consent Calendar. | Assembly Standing Committee on Appropriations |
Passed |
|
| Mar 29, 2017 | Do pass and be re-referred to the Committee on [Appropriations] with recommendation: To Consent Calendar | Assembly Standing Committee on Insurance |
Passed |
This list shows positions taken on this bill by organizations on the date displayed, which is linked to the original source.
Positions by individuals are not included.
|
Organization
|
Position
|
Date
|
|---|---|---|
| Association Of California Life And Health Insurance Companies | ** Support | Aug 8, 2018 |
| National Association Of Insurance And Financial Advisors | ** Support | Aug 8, 2018 |
CONCURRENCE IN SENATE AMENDMENTS
CSA2 Bill Id:AB 1373
Author:(Daly)
As Amended Ver:July 3, 2018
Majority vote
ASSEMBLY: | 74-0 | (April 20, 2017) | SENATE: | 37-0 | (August 13, 2018) |
COMMITTEE VOTE: | 13-0 | (August 22, 2018) | RECOMMENDATION: | concur |
Insurance
Original Committee Reference: INS.
SUMMARY: As passed by the Assembly, the bill required that consumers considering the purchase of an annuity be provided with a buyer's guide produced by the National Association of Insurance Commissioners.
The Senate amendments removed the prior contents of the bill and added language clarifying that a former or retired employee may retain a group life insurance policy after separating from employment.
EXISTING LAW:
- Permits the sale of life insurance policies to individual group members on a group basis.
- Provides that an employer providing group life insurance is the policy holder and permits the premiums to be paid by either, or both, the employer or the employee.
- Requires the insurer to provide life insurance to any member of the group.
FISCAL EFFECT: Unknown
COMMENTS:
- Purpose. This bill contains provisions that were originally included the Insurance Committee Omnibus bill. However, the Department of Insurance objected to including these provisions in Omnibus bill. The Department of Insurance has neither requested any amendment nor taken an oppose position on this bill.
Analysis Prepared by: Paul Riches / INS. / (916) 319-2086 FN: 0004584
CONCURRENCE IN SENATE AMENDMENTS
CSA1 Bill Id:AB 1373
Author:(Daly)
As Amended Ver:July 3, 2018
Majority vote
ASSEMBLY: | 74-0 | (April 20, 2017) | SENATE: | 37-0 | (August 13, 2018) |
Original Committee Reference: INS.
SUMMARY: As passed by the Assembly, this bill required that consumers considering the purchase of an annuity be provided with a buyer's guide produced by the National Association of Insurance Commissioners.
The Senate amendments removed the prior contents of this bill and added language clarifying that a former or retired employee may retain a group life insurance policy after separating from employment.
EXISTING LAW:
- Permits the sale of life insurance policies to individual group members on a group basis.
- Provides that an employer providing group life insurance is the policy holder and permits the premiums to be paid by either, or both, the employer or the employee.
- Requires the insurer to provide life insurance to any member of the group.
FISCAL EFFECT: Unknown.
COMMENTS:
Purpose. This bill contains provisions that were originally included the Insurance Committee Omnibus bill. However, the Department of Insurance objected to including these provisions in Omnibus bill. The Department of Insurance has neither requested any amendment nor taken an oppose position on this bill.
Analysis Prepared by: Paul Riches / INS. / (916) 319-2086 FN: 0003797
Office of Senate Floor Analyses (916) 651-1520 Fax: (916) 327-4478 | AB |
THIRD READING
Bill No: AB 1373
:
SENATE INSURANCE COMMITTEE: 12-0, 6/27/18
AYES: Glazer, Gaines, Galgiani, Hernandez, Hertzberg, Hueso, Lara, Mitchell, Moorlach, Morrell, Portantino, Roth
NO VOTE RECORDED: Berryhill
SENATE APPROPRIATIONS COMMITTEE: Senate Rule 28.8
ASSEMBLY FLOOR: Not relevant
DIGEST:
This bill authorizes insurers to allow former employees to remain on an employer’s group life insurance policy.
Existing law:
- Authorizes insurers to issue group life insurance to employees of a sponsoring ing employer.
- Defines “employee” in a way that excludes former employees, including retirees.
This bill authorizes insurers to continue group life insurance coverage on former employees.
Background
Employers may offer group life insurance as a fringe benefit. The employer holds the master policy, controls the terms (such as who will be covered), and may pay all or part of the premium. Employees are provided a certificate of coverage and may pay the portion of the premium not paid by the employer. When employment terminates, the insurer must offer the employee the opportunity to convert the certificate to a permanent insurance policy which will probably be more expensive.
Existing California law excludes former employees, such as retirees, from the definition of “employee.” National standards, including the model act adopted by the National Association of Insurance Commissioners and federal tax law, specifically provides that group plans sponsored by employers may include former employees. According to the Association of California Life and Health Insurance Companies, portability and retirement continuation provisions have been standard in the group life industry for decades.
Comments
The California Department of Insurance has not taken a position on the bill, but raised some issues including a concern that mixing current and former employees under a group policy could violate applicable actuarial principles.
FISCAL EFFECT: Appropriation: Fiscal Com.: Local:
Association of California Life and Health Insurance Companies
National Association of Insurance and Financial Advisors
None received
ARGUMENTS IN SUPPORT: Proponents argue that life insurance is a core benefit that contributes to the financial well-being of insureds and their families and that continuation of group life insurance is one of many concerns employees face when ceasing active employment.
8/8/18 10:26:17
**** END ****
SENATE COMMITTEE ON INSURANCE
Senator Steven Glazer, Chair
2017 - 2018 Regular
Bill No: AB 1373 Hearing Date: June 27, 2018
Author: | Daly | ||
Version: | March 22, 2017 Amended | ||
Urgency: | No | Fiscal: | Yes |
Consultant: | Hugh Slayden | ||
Subject: Insurance: annuity
SUMMARY
Requires life insurance agents and brokers (collectively referred to as “producers”) to provide a consumer the appropriate deferred annuities buyer’s guide adopted by the National Association of Insurance Commissioners (NAIC).
DIGEST
Existing law
- Prohibits an insurance producer from soliciting the sale of annuities unless the producer has adequate knowledge of the product to recommend the annuity and the insurance producer is in compliance with the insurer’s standards for product training.
- Requires a producer to complete training approved by the California Department of Insurance (CDI) consisting of specified topics, including the types of annuities and various classifications of annuities and how fixed, variable, and indexed annuity contract provisions affect consumers.
This bill
- Requires a producer that sells annuities to provide the consumer with the appropriate deferred annuities buyer’s guide adopted by the NAIC.
- Adds several of the NAIC’s buyer’s guides to the list of training topics.
COMMENTS
- Purpose of the bill According to the author, AB 1373 would better arm consumers with the background and suggested questions found in a buyer's guide when purchasing an annuity.
- Background Annuities are purchased from a life insurance company, but unlike life insurance, the insurer makes periodic payments to the consumer and makes those payments during their lifetime. Annuities are usually sold as retirement planning vehicles.
Funds for the annuity will be invested and grow tax free. With variable annuities, the insurance company invests the annuity in stocks, bonds, or other investments, based on the consumer’s risk profile. With fixed annuities, the principal earns interest at rates set by the insurance company or some other way described in the contract. The interest rate may be fixed for only one year or up to 10 years. An equity-indexed annuity has an interest rate that is usually based on a stock market index.
These products are often complex and marketing often targets seniors. This bill requires agents selling annuities to provide the consumer with the appropriate buyer's guide published by the NAIC. The NAIC has several buyers guides specific to fixed and variable annuities. The guides explain the basic mechanics of annuities and suggests a number of questions that should be asked before making the decision to buy.
- Suggested Amendments The committee may wish to consider amendments adding language currently in AB 2045 (Assembly Insurance Committee), the insurance omnibus bill, that authorizes insurers to include retirees to stay on an employer’s group life insurance policy. Recently, CDI raised concerns about that language and, because the omnibus bill is not controversial, the author of AB 2045 has requested to strike the language in that bill and the author of AB 1373 has agreed to place it in this one.
Employers frequently offer group life insurance as a fringe benefit. The employer holds the master policy, controls the terms (such as who will be covered), and may pay all or part of the premium. Employees are provided a certificate of coverage and may pay the portion of the premium not paid by the employer. When employment terminates, the insurer must offer the employee the opportunity to convert the certificate to a permanent insurance policy which will probably be more expensive.
Existing California law excludes former employees from the definition of “employee” and coverage is supposed to terminate with the job. National standards explicitly allow post-employment coverage. The NAIC model act for group coverage and federal tax law specifically provides that group plans may include former employees. According to the Association of California Life and Health Insurance Companies (ACLHIC), portability and retirement continuation provisions have been standard in the group life industry in California and nationally for decades.
Proponents argue that life insurance is a core benefit that contributes to the financial well-being of insureds and their families and that continuation of group life insurance is one of many concerns employees face when ceasing active employment.
CDI has not taken a position on the bill, but has questioned the language as published in the omnibus bill. Based on those questions, it appears that CDI has concerns that the proposal may encourage inappropriate solicitation of former employees, establish a loophole around the licensing requirement, and increase costs. CDI also suggests that mixing current and former employees could violate the actuarial principles on which group life insurance is based.
POSITIONS
Support
Association of California Life and Health Insurance Companies
National Association of Insurance and Financial Advisors
Oppose
None received
-- END --
Date of Hearing: April 5, 2017
ASSEMBLY COMMITTEE ON APPROPRIATIONS
Lorena Gonzalez Fletcher, Chair
ABPCA Bill Id:AB 1373
Author:(Daly) – As Amended Ver:March 22, 2017
Policy Committee: | Insurance | Vote: | 12 - 0 |
|
|
Urgency: No State Mandated Local Program: No Reimbursable: >
SUMMARY:
This bill requires that consumers considering the purchase of an annuity be provided with a buyer's guide produced by the National Association of Insurance Commissioners (NAIC).
FISCAL EFFECT:
Negligible state fiscal effect.
COMMENTS:
- Purpose. This bill is sponsored by the Association of California Life and Health Insurance Companies to improve information required to be provided to consumers who are considering buying annuities.
- Background. Annuities are contracts between insurance companies and consumers that stipulate a promise to pay income on a regular basis for a period of time. The marketplace for annuities can be confusing for consumers, given the range of available options along with their fees and tax consequences. The NAIC, a regulatory support organization comprised of insurance regulators, establishes standards and best practices for insurance oversight, has produced buyer's guide for annuities. Existing law establishes certain consumer protections with respect to the sale of annuities, and this bill would add the NAIC buyer's guide as an additional protection.
Analysis Prepared by: Lisa Murawski / APPR. / (916) 319-2081
Date of Hearing: March 29, 2017
ASSEMBLY COMMITTEE ON INSURANCE
Tom Daly, Chair
ABPCA Bill Id:AB 1373 (
Author:Daly) – As Amended Ver:March 22, 2017
SUBJECT: Insurance: annuity buyer's guides
SUMMARY: Requires that consumers considering the purchase of an annuity be provided with a buyer's guide produced by the National Association of Insurance Commissioners (NAIC). Specifically, this bill:
- Requires an agent soliciting the purchase of an annuity provide appropriate buyer's guide.
- Defines "buyer's guide" as the buyers' guide produced by the NAIC for the type of annuity being considered.
- Requires agents to receive training on the NAIC buyer's guides.
EXISTING LAW:
- Requires an insurance agent selling an annuity to determine that there is a "reasonable basis" to believe that the annuity offered is "suitable" for the individual consumer.
- Requires an insurance agent to collect specified "suitability" information from a consumer before recommending a particular annuity.
- Requires agents to complete a one-time, eight hour training course prior to selling annuities.
FISCAL EFFECT: Undetermined
COMMENTS:
- Purpose. Annuities are complex products with many options. This complexity can be a challenge for a consumer who is considering the purchase of an annuity. While the consumer will almost always be advised by an insurance agent when buying an annuity, a consumer should have the benefit of an independent source of information about annuities and the questions they should ask before making any purchase. This bill requires insurance agents selling annuities to provide the consumer with the buyer's guide developed and approved by the NAIC. This guide explains the basic mechanics of annuities and suggests a number of questions that should be asked by any consumer before making the decision to buy. A consumer armed with the background and suggested questions found in the buyer's guides, will be in a much better position to make an informed decision.
- NAIC. The NAIC is the U.S. standard-setting and regulatory support organization created by and composed of the chief insurance regulators from the 50 states, the District of Columbia and five U.S. territories. The NAIC establishes standards and best practices, conducts peer reviews, and coordinates regulatory oversight by insurance commissioners in the U.S. NAIC is a key part of the national system of state-based insurance regulation. The NAIC’s primary mission is to promote uniform practices amongst states in regulating multi-state insurers.
REGISTERED SUPPORT / OPPOSITION:
Support
Association of California Life and Health Insurance Companies (sponsor)
Opposition
None received
Analysis Prepared by: Paul Riches / INS. /
Discussed in Hearing
Assembly Floor
Assembly Standing Committee on Insurance
Senate Floor
Senate Standing Committee on Insurance
Bill Author
Bill Co-Author(s):