Alaska Updates Annuity Sales Standards

News October 31, 2022 at 10:18 AM
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Alaska last week became the 29th state to adopt an annuity sales standard update developed by the National Association of Insurance Commissioners.

The state's Division of Insurance will require insurance producers, and insurers selling annuities directly to consumers to act in the best interest of consumers when recommending annuities, as well as verifying that the recommendations are in the best interest of the consumer.

Colorado, Hawaii and North Carolina have also updated their annuity sales standards in recent months, by passing laws or changing annuity sales standards regulations.

What It Means

Your and any other professionals who help your clients with annuities might have to change how you review the available products and how you document the reasons behind your annuity recommendations.

Alaska Regulation Details

The updated Alaska annuity sales standard requires agents and brokers who sell annuities to complete regulation-related training requirements by July 15, 2023.

Insurance producers can meet the training requirements by taking a 4-credit-hour course; a 1-credit-hour course that focuses on sales practices, replacement and disclosure requirements; or a similar course.

The American Council of Life Insurers and the National Association of Insurance and Financial Advisors put out a joint statement welcoming Alaska's adoption of the best interest standard update.

The Background

The NAIC is a group for state insurance regulators. It has no direct ability to set states' insurance rules, but states often start with NAIC models and model updates when drafting bills and regulations.

States have been hurrying to adopt the NAIC annuity suitability update in an effort to avoid or reduce the possibility that the U.S. Securities and Exchange Commission could use a provision in the Dodd-Frank Act to share jurisdiction over non-variable annuity insurance sales with state insurance regulators.

State regulators already share oversight over variable annuity sales with the SEC.

The SEC is implementing Regulation Best Interest, a regulation that sets sales standards for annuities and other retirement savings and investment products.

The NAIC worked to make its annuity suitability update compatible with Reg BI.

One new wrinkle is that the U.S. Department of Labor is moving ahead with efforts to revive another regulatory effort, which could set a fiduciary standard for non-variable annuity sales.

Some have suggested that Reg BI allows commission-based annuity producer compensation arrangements to stay in place, and that a fiduciary standard would push the industry to shift to fee-based annuity sales compensation arrangements.

The Backdrop

On Nov. 8, voters in 46 states will pick 6,279 state legislators and 36 governors, according to the National Conference of State Legislatures.

The outcome of the elections could speed up or slow down annuity sales standard update efforts in some states.

In California, for example, Ricardo Lara, a Democratic incumbent, is running for reelection to the state insurance commissioner's post against Robert Howell, a Republican.

In New York, Texas and Illinois, governors with the authority to appoint insurance commissioners are up for reelection.

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