Annuity Issuers Need Regulatory Clarity: Scott Golde

Q&A December 13, 2022 at 12:43 PM
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Scott Golde is unhappy about the current state of U.S. annuity regulation.

Golde is senior vice president, chief ethics and compliance officer at Jackson Financial, a Lansing, Michigan-based annuity giant.

Golde earned a bachelor's degree in political science from Indiana University and a law degree from Washington University in St. Louis.

Early in his career, he worked for four years as a prosecutor with the U.S. Department of Justice. Some of the cases involved money laundering schemes and other financial crimes. He then was a partner at the law firm Armstrong Teasdale, and an in-house securities compliance attorney at Edward Jones and Scottrade.

In 2016, he became a legal executive in the Jackson asset management and broker-dealer operations. He became deputy general counsel–insurance, in 2019, and he assumed his current position at Jackson in 2021.

In his spare time, he teaches insurance law at Michigan State's law school, and he chairs the Michigan Life and Health Insurance Guaranty Association, a nonprofit organization that protects Michigan policyholders against life and health issuer insolvencies.

He answered questions via email about the regulatory challenges annuity issuers are facing. The answers to the questions in this interview have been edited.

THINKADVISOR: What do you see as the biggest challenge the annuity industry needs to overcome in order to increase access to annuities and make it easier for advisors to incorporate them into their clients' overall wealth management portfolios?

SCOTT GOLDE: One key challenge is the need to improve clarity around the important solutions annuities can offer clients. This will allow financial professionals to clearly articulate the value proposition of annuities.

Clarity will also enable financial professionals to more easily identify when these products should be a part of clients' holistic investment portfolios and help clients reach their financial goals.

As a leading seller of retail annuities in the U.S. with one of the largest distribution networks, Jackson plays a critical role in bringing the industry together to help Americans achieve better retirement outcomes.

Jackson recently hosted a two-day legal and compliance summit in Washington, with the goal of promoting partnership, collaboration and transparency among Jackson's distribution, legal and compliance leaders and their counterparts at more than 20 distribution partner firms.

We know there is a continued need for increased education among both financial professionals and the clients they serve, which is why Jackson is committed to simplifying the way we describe annuities, ensuring investment freedom in our products and working with distributors and regulators to make annuities easier to understand so that they are more accessible to those who need them.

We have also committed significant resources to ensuring that these important financial solutions are integrated into the technology and platforms used by our valued financial professionals.

What are insurers doing to respond to all of the many regulatory changes?

Given the current pace of regulatory change, Jackson and other carriers need to better understand the implications these new regulations have on our products and then determine how we can mitigate the challenges these changes have on our distribution partners.

We work closely with organizations like the American Council of Life Insurers and the Insured Retirement Institute, and we have a strong government relations team that actively monitors regulatory activity and engages with regulators on potential and newly enacted policies.

We are strong advocates for solutions that will lead to simplified language and clarity, improved experiences and better outcomes for Americans planning for retirement.

Importantly, we partner closely with our distribution partners and financial professionals to identify their pain points with implementing regulatory changes so that we can ensure these important products will always be available as solutions to help clients meet their retirement and legacy goals.

A prime example of this partnership is our recent Legal and Compliance Summit, which provided a forum for us to engage our top distribution partners. I was pleased with the encouraging progress we were able to make in a short amount of time by sharing ideas and best practices.

I look forward to continuing these important conversations that can ultimately help us effect change within our industry.

What trends are you seeing in state-level variation in annuity requirements?

We see significant variation among states.

In particular, there continue to be overlapping and inconsistent regulatory requirements among states and the various federal regulatory regimes, including the U.S. Department of Labor, the U.S. Securities and Exchange Commission and the Financial Industry Regulatory Authority.

While there is a general direction toward best-interest standards, the inconsistency and overlap between and among the applicable regulatory regimes ultimately hurts investors, even if regulators are intending to protect them.

Also, for companies doing business in multiple states, the varying levels of controls and processes available to implement and manage change can be overwhelming, especially for smaller firms.

At Jackson, we have worked hard to advocate for uniformity and consistency in regulatory standards, but there is still much work to do on this issue.

How does Jackson want to see annuity policy evolve?

Jackson continues to actively engage in conversations with the SEC, FINRA and the National Association of Insurance Commissioners on several different pieces of regulation.

In 2022 alone, Jackson has had fruitful conversations with legislators about the EARN Act, the RISE and SHINE Act, both of which we believe have bolstered hopes that SECURE 2.0 will pass Congress soon. This comprehensive retirement package would help millions of Americans access effective retirement solutions on a broader scale.

We also had an active role in seeing the RILA Act pass through the Senate and are hopeful that bill will become law in the coming weeks. This bipartisan legislation will allow for increased innovation and choice within the RILA market by requiring the SEC to create a registration form that is specifically intended for registered index-linked annuities.

Most importantly, it will also make it easier for consumers to more clearly understand the benefits and risks of RILA products.

Photo: Scott Golde. (Photo: Matthew Dae Smith/Jackson)

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