Protect Annuity Issuers From Bad Advisor Affiliates: Regulators

News March 19, 2024 at 04:30 PM
Share & Print

What You Need To Know

  • Questions came up because of an influx of private equity firm owners.
  • Regulators say that similar concerns could apply to any type of insurance company owner.
  • A handbook panel notes that insurers should always monitor investment guideline compliance.
Ben Franklin on a hundred dollar bill

State insurance regulators want to keep the owners of life insurance and annuity issuers from charging the issuers too much for investment advice or stuffing the issuers full of bad assets.

That effort starts with asking insurers tough, focused questions about potential ownership-related problems with their investment advisors.

Members of the Risk-Focused Surveillance Working Group, an arm of the National Association of Insurance Commissioners, talked about the issue Sunday in Phoenix at the NAIC's spring national meeting.

Working group members heard from a team that's tackling the matter by drafting changes to the examiners' handbooks.

What it means: While state and federal regulators are wrestling over the standards of care that should apply to advisors and their clients, state regulators are also thinking about the quality of the investment advice that the annuity issuers themselves are getting.

The background: U.S. federal law leaves regulation of the business of insurance to the states. The NAIC is a Kansas City, Missouri-based group that helps state regulators share the resources needed to regulate insurance.

The group has been getting questions from life insurance agents, financial advisors, consumers, members of Congress and others about the private equity firms that have used Bermuda-based reinsurers to buy U.S.-based life and annuity issuers and invest in blocks of in-force life insurance policies and annuities through reinsurance agreements.

Regulators' perspective: Members of the NAIC's update drafting team indicated that they are trying to stick to the group's longstanding practice of addressing potentially risky behavior without favoring or criticizing any particular type of insurance company owner.

Examiners are already supposed to ask insurers to list their affiliated and unaffiliated investment advisors.

In one set of proposed examiner handbook changes, the drafting team suggests that examiners verify that all investment advisors are actually listed, look for potential ownership-related conflicts of interest and check to see whether any potential conflicts have been reviewed and formally approved by the insurer's board or investment committee.

The examiner should see whether the investments that affiliated advisors have recommended are appropriate and whether the insurer is paying an extra fees for the advice, according to the proposed handbook update.

"Language provided in the investment management agreement should acknowledge the investment adviser's role as a fiduciary in advising the insurer," according to the update.

The updaters also recommend that the agreement with an affiliated investment manager should provide clear investment guidelines related to topics such as the investment types allowed, limitations on risk exposure and specific requirements for credit quality and asset term duration.

The investment manager may be responsible for reporting on investment performance and compliance with the insurer's investment guidelines, but "the insurer should still maintain an adequate control framework over investments, including monitoring and managing transactions, and monitoring compliance by the affiliate," according to the proposed update. "It should not rely solely on the affiliated investment manager for oversight in this area."

Credit: Diego M. Radzinschi/ALM

NOT FOR REPRINT

© 2024 ALM Global, LLC, All Rights Reserved. Request academic re-use from www.copyright.com. All other uses, submit a request to [email protected]. For more information visit Asset & Logo Licensing.

Related Stories

Resource Center