Co-Sponsorship Memo Details

2021-2022 Regular Session
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Updating Pennsylvania's Annuity Laws
June 7, 2021 12:03 PM to All Senate Members
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Photo of Senator Senator John DiSanto
Senator John DiSanto
R Senate District 15
Along With
Photo of Senator Sen. Sharif Street
Sen. Sharif Street
D Senate District 3
Memo
We will soon introduce legislation to improve the marketing and financial stability of annuities. Our proposal incorporates two changes the National Association of Insurance Commissioners (NAIC) made to its model laws on which Pennsylvania’s annuity law is based.
 
First, it updates the standard for sales of annuities from “suitability” to “best interest”—meaning a producer and insurer have to make sure a sale of an annuity is not just suitable for the consumer, but in the consumer’s best interest. This higher standard will match the SEC’s “best interest” standard for federally regulated securities transactions. In addition, this establishes robust disclosure duties as well as heightened prohibitions on possible conflicts of interests.
 
Second, it updates the minimum nonforfeiture rate for individual deferred annuities, lowering that rate from 1.0% to .15%, again matching the change the NAIC made to its model.  The minimum nonforfeiture rate is the lowest interest rate guarantee an insurer can use to determine the cash value of an individual deferred annuity. The change reflects today’s sustained low-interest rate environment and seeks to maintain insurer solvency and availability of annuity options for consumers.
 
This is a national initiative and comes with the support of the NAIC, the Insurance Department, insurers, and producers.  Please join us in co-sponsoring this important piece of legislation.
 
Legislation
Document - Introduced as SB 772
Updating Pennsylvania's Annuity Laws
June 7, 2021 12:03 PM to All Senate Members

Circulated By
DISANTO and STREET

Memo
We will soon introduce legislation to improve the marketing and financial stability of annuities. Our proposal incorporates two changes the National Association of Insurance Commissioners (NAIC) made to its model laws on which Pennsylvania’s annuity law is based.
 
First, it updates the standard for sales of annuities from “suitability” to “best interest”—meaning a producer and insurer have to make sure a sale of an annuity is not just suitable for the consumer, but in the consumer’s best interest. This higher standard will match the SEC’s “best interest” standard for federally regulated securities transactions. In addition, this establishes robust disclosure duties as well as heightened prohibitions on possible conflicts of interests.
 
Second, it updates the minimum nonforfeiture rate for individual deferred annuities, lowering that rate from 1.0% to .15%, again matching the change the NAIC made to its model.  The minimum nonforfeiture rate is the lowest interest rate guarantee an insurer can use to determine the cash value of an individual deferred annuity. The change reflects today’s sustained low-interest rate environment and seeks to maintain insurer solvency and availability of annuity options for consumers.
 
This is a national initiative and comes with the support of the NAIC, the Insurance Department, insurers, and producers.  Please join us in co-sponsoring this important piece of legislation.
 

Document
Introduced as SB 772
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