Subject 120-2-73 Appendix - .05
|(1)||The purpose of this Chapter of the Rules and Regulation of the Office of Commissioner of Insurance is to require insurers to deliver to prospects for annuity contracts, for annuity riders to life insurance policies, or for deposit funds accepted in conjunction with life insurance policies or annuity contracts, information which helps the prospect select an annuity or deposit fund, or both, appropriate to the prospect's needs; improves the prospect's understanding of the basic features of the plan under consideration; and improves the prospect's ability to evaluate the relative benefits of similar plans.|
|(2)||This regulation does not prohibit the use of additional material which is not in violation of this regulation or any other Georgia statute or regulation.|
|(1)||To the extent hereinafter provided, this regulation shall apply to any solicitation, negotiation or procurement of annuity contracts, or deposit funds accepted in conjunction with individual life insurance policies or with annuity contracts which are subject to this regulation, occurring within this state. The regulation shall apply to any issuer of life insurance policies or annuity contracts, including fraternal benefit societies. For the purpose of this regulation, annuity contracts include annuity riders to life insurance policies.|
|(2)|| This regulation shall
regulation shall not apply to:
For purposes of this regulation, "Buyer's Guide to Annuities" means the document which contains, and is limited to, the language set forth in the Appendix to this regulation or language approved by the Commissioner of Insurance.
|(1)||The Contract Summary must be a separate document. All information required to be disclosed must be set out in such a manner as not to minimize or render any portion thereof obscure. Any amounts which remain level for two or more contract years may be represented by a single number if it is clearly indicated what amounts are applicable for each contract year. Amounts in subparagraphs (2)(f), (g), (i) and (k)3 of this section shall, in the Case of flexible premium annuity contracts, be determined either according to an anticipated pattern of consideration payments or on the assumption that considerations payable will be $100 a month or $1,000 per year. If not specified in the contract, annuity payments shall be assumed to commence at age sixty-five or ten years from issue, whichever is later. Zero amounts shall be displayed as zero and shall not be displayed as blank spaces.|
|(2)|| For purposes of this
regulation, "Contract Summary" means a written statement describing the
elements of the annuity contract and deposit fund, including but not limited
to, where applicable, the following:
|(1)||The insurer shall provide to all prospective purchasers a Buyer's Guide to Annuities and a Contract Summary prior to accepting the applicant's initial consideration for the annuity contract, or in the case of a deposit fund, prior to acceptance of the applicant's initial consideration for the associated life insurance policy or annuity contract, unless the annuity contract or associated life insurance policy for which application is made provides for an unconditional refund period of at least ten days or unless the Contract Summary contains such an unconditional refund offer, in which event the Buyer's Guide to Annuities and the Contract Summary must be delivered with or prior to the delivery of the annuity contract or associated life insurance policy.|
|(2)||The insurer shall provide a Buyer's Guide to Annuities and a Contract Summary to any prospective purchaser or present policyholder upon request.|
|(1)||Each insurer shall maintain at its home office or principal office, a complete file containing one copy of each document authorized by the insurer for use pursuant to this regulation. Such file shall contain one copy of each authorized form for a period of at least three years following the date of its last authorized use.|
|(2)||An agent shall inform the prospective purchaser, prior to commencing a sales presentation, that the agent is acting as a life insurance agent and shall inform the prospective purchaser of the full name of the insurance company which the agent is representing to the buyer. In sales situations in which an agent is not involved, the insurer shall identify its full name.|
|(3)||Terms such as financial planner, investment advisor, financial consultant or financial counseling shall not be used in such a way as to imply that the insurance agent is generally engaged in an advisory business in which compensation is unrelated to sales, unless such is actually the case.|
|(4)||Any reference to dividends or to excess interest credits must include a statement that such dividends or excess interest credits are not guaranteed.|
|(5)||A presentation of benefits shall not display guaranteed and nonguaranteed benefits as a single sum unless guaranteed benefits are shown separately in close proximity thereto and with equal prominence.|
|(6)||Sales promotion literature and contract forms shall not state or imply that annuity contracts or deposit funds are the same as savings accounts or deposits in banking or savings institutions. The use of passbooks which resemble savings bank passbooks is prohibited.|
Failure of an insurer to provide or deliver a Buyer's Guide to Annuities and a Contract Summary as provided in Section 120-2-72-.05 shall constitute an omission which misrepresents the benefits, advantages, conditions or terms of an annuity contract or of an insurance policy.
If any section or portion of a section of this Regulation or application thereof to any insurer, producer, or circumstances is held invalid by a court of competent jurisdiction, the remainder of the rules or the applicability of such provisions to other insurers, producers, or circumstances, shall not be affected thereby.
The "Buyer's Guide to Annuities" exists in three versions. Those versions are titled "Buyer's Guide for Deferred Annuities - Fixed," "Buyer's Guide for Deferred Annuities - Variable," and simply "Buyer's Guide for Deferred Annuities." The last of these three versions addresses both fixed and variable deferred annuity products. The annuity salesperson (the agent, producer, broker, or advisor) is required to provide the consumer with at least one of these three versions appropriate to the consumer's interests.
The information in the Buyer's Guide is meant to be helpful to consumers but does not constitute legal, financial, or tax advice. Consumers may want to consult independent advisors that specialize in those areas.
The information in the Buyer's Guide focuses on some of the most common features of annuity products. An annuity selected may have unique features that are not covered by the information provided.
It is important that consumers carefully read the material provided and ask their annuity salesperson questions. Each version of the Buyer's Guide contains questions that consumers should ask their annuity salesperson. Consumers should be satisfied with their salesperson's answers before purchasing annuity products. This overview of the Buyer's Guide is not required to be distributed to consumers.
Table of Contents
What Is an Annuity?................................................................................................ 1
When Annuities Start to Make Income Payments............................................. 1
How Deferred Annuities Are Alike.................................................................. 1
How Deferred Annuities Are Different............................................................ 2
How Does the Value of a Deferred Annuity Change?........................................... 3
Fixed Annuities................................................................................................. 3
Fixed Indexed Annuities................................................................................... 3
Variable Annuities............................................................................................. 4
What Other Information Should You Consider?.................................................... 4
Fees, Charges, and Adjustments....................................................................... 4
How Annuities Make Payments........................................................................ 5
How Annuities Are Taxed................................................................................. 6
Finding an Annuity That's Right for You......................................................... 6
Questions You Should Ask............................................................................... 7
When You Receive Your Annuity Contract..................................................... 7
What Is an Annuity?
An annuity is a contract with an insurance company. All annuities have one feature in common, and it makes annuities different from other financial products. With an annuity, the insurance company promises to pay you income on a regular basis for a period of time you choose-including the rest of your life.
When Annuities Start to Make Income Payments
Some annuities begin paying income to you soon after you buy it (an immediate annuity). Others begin at some later date you choose (a deferred annuity).
How Deferred Annuities Are Alike
There are ways that most deferred annuities are alike.
* They have an accumulation period and a payout period. During the accumulation period, the value of your annuity changes based on the type of annuity. During the payout period, the annuity makes income payments to you.
* They offer a basic death benefit. If you die during the accumulation period, a deferred annuity with a basic death benefit pays some or all of the annuity's value to your survivors (called beneficiaries) either in one payment or multiple payments over time. The amount is usually the greater of the annuity account value or the minimum guaranteed surrender value. If you die after you begin to receive income payments ( annuitize), your chosen survivors may not receive anything unless: 1) your annuity guarantees to pay out at least as much as you paid into the annuity, or 2) you chose a payout option that continues to make payments after your death. For an extra cost, you may be able to choose enhanced death benefits that increase the value of the basic death benefit.
* You usually have to pay a charge (called a surrender or withdrawal charge) if you take some or all of your money out too early (usually before a set time period ends). Some annuities may not charge if you withdraw small amounts (for example, 10% or less of the account value) each year.
* Any money your annuity earns is tax deferred. That means you won't pay income tax on earnings until you take them out of the annuity.
* You can add features (called riders) to many annuities, usually at an extra cost.
* An annuity salesperson must be licensed by your state insurance department. A person selling a variable annuity also must be registered with FINRA 1 as a representative of a broker/dealer that's a FINRA member. In some states, the state securities department also must license a person selling a variable annuity.
* Insurance companies sell annuities. You want to buy from an insurance company that's financially sound. There are various ways you can research an insurance company's financial strength. You can visit the insurance company's website or ask your annuity salesperson for more information. You also can review an insurance company's rating from an independent rating agency. Four main firms currently rate insurance companies. They are A.M. Best Company, Standard and Poor's Corporation, Moody's Investors Service, and Fitch Ratings. Your insurance department may have more information about insurance companies. An easy way to find contact information for your insurance department is to visit www.naic.org and click on " States and Jurisdictions Map."
* Insurance companies usually pay the annuity salesperson after the sale, but the payment doesn't reduce the amount you pay into the annuity. You can ask your salesperson how they earn money from the sale.
Sources of Information
Contract: The legal document between you and the insurance company that binds both of you to the terms of the agreement.
Disclosure:A document that describes the key features of your annuity, including what is guaranteed and what isn't, and your annuity's fees and charges. If you buy a variable annuity, you'll receive a prospectus that includes detailed information about investment objectives, risks, charges, and expenses.
Illustration: A personalized document that shows how your annuity features might work. Ask what is guaranteed and what isn't and what assumptions were made to create the illustration.
How Deferred Annuities Are Different
There are differences among deferred annuities. Some of the differences are:
* Whether you pay for the annuity with one or more than one payment (called a premium).
* The types and amounts of the fees, charges, and adjustments. While almost all annuities have some fees and charges that could reduce your account value, the types and amounts can be different among annuities. Read the Fees, Charges, and Adjustments section in this Buyer's Guide for more information.
* Whether the annuity is a fixed annuity or a variable annuity. How the value of an annuity changes is different depending on whether the annuity is fixed or variable.
Fixed annuities guarantee your money will earn at least a minimum interest rate. Fixed annuities may earn interest at a rate higher than the minimum but only the minimum rate is guaranteed.
The insurance company sets the rates.
Fixed indexed annuities are a type of fixed annuity that earns interest based on changes in a market index, which measures how the market or part of the market performs. The interest rate is guaranteed to never be less than zero, even if the market goes down.
Variable annuities earn investment returns based on the performance of the investment portfolios, known as "subaccounts," where you choose to put your money. The return earned in a variable annuity isn't guaranteed. The value of the subaccounts you choose could go up or down.
If they go up, you could make money. But, if the value of these subaccounts goes down, you could lose money. Also, income payments to you could be less than you expected.
* Some annuities offer a premium bonus, which usually is a lump sum amount the insurance company adds to your annuity when you buy it or when you add money. It's usually a set percentage of the amount you put into the annuity. Other annuities offer an interest bonus, which is an amount the insurance company adds to your annuity when you earn interest. It's usually a set percentage of the interest earned. You may not be able to withdraw some or all of your premium bonus for a set period of time. Also, you could lose the bonus if you take some or all of the money out of your annuity within a set period of time.
How Does the Value of a Deferred Annuity Change?
Money in a fixed deferred annuity earns interest at a rate the insurer sets. The rate is fixed (won't change) for some period, usually a year. After that rate period ends, the insurance company will set another fixed interest rate for the next rate period. That rate could be higher or lower than the earlier rate .
Fixed deferred annuities do have a guaranteed minimum interest rate-the lowest rate the annuity can earn. It's stated in your contract and disclosure and can't change as long as you own the annuity. Ask about:
* The initial interest rate - What is the rate? How long until it will change?
* The renewal interest rate - When will it be announced? How will the insurance company tell you what the new rate will be?
Fixed Deferred Indexed Formulas
Annual Point-to-Point - Change in index calculated using two dates one year apart.
Multi-Year Point-to-Point - Change in index calculated using two dates more than one year apart.
Monthly or Daily Averaging - Change in index calculated using multiple dates (one day of every month for monthly averaging, every day the market is open for daily averaging). The average of these values is compared with the index value at the start of the index term.
Monthly Point-to-Point - Change in index calculated for each month during the index term. Each monthly change is limited to the "cap rate" for positive changes, but not when the change is negative. At the end of the index term, all monthly changes (positive and negative) are added. If the result is positive, interest is added to the annuity. If the result is negative or zero, no interest (0%) is added.
Fixed Indexed Annuities
Money in a fixed indexed annuity earns interest based on changes in an index. Some indexes are measures of how the overall financial markets perform (such as the S&P 500 Index or Dow Jones Industrial Average) during a set period of time (called the index term). Others measure how a specific financial market performs (such as the Nasdaq) during the term. The insurance company uses a formula to determine how a change in the index affects the amount of interest to add to your annuity at the end of each index term. Once interest is added to your annuity for an index term, those earnings usually are locked in and changes in the index in the next index term don't affect them. If you take money from an indexed annuity before an index term ends, the annuity may not add all of the index-linked interest for that term to your account.
Insurance companies use different formulas to calculate the interest to add to your annuity. They look at changes in the index over a period of time. See the box " Fixed Deferred Indexed Formulas" that describes how changes in an index are used to calculate interest.
The formulas insurance companies use often mean that interest added to your annuity is based on only part of a change in an index over a set period of time. Participation rates, cap rates, and spread rates (sometimes called margin or asset fees) all are terms that describe ways the amount of interest added to your annuity may not reflect the full change in the index. But if the index goes down over that period, zero interest is added to your annuity. Then your annuity value won't go down as long as you don't withdraw the money.
When you buy an indexed annuity, you aren't investing directly in the market or the index. Some indexed annuities offer you more than one index choice. Many indexed annuities also offer the choice to put part of your money in a fixed interest rate account, with a rate that won't change for a set period.
How Insurers Determine Indexed Interest
Participation Rate- Determines how much of the increase in the index is used to calculate index-linked interest. A participation rate usually is for a set period. The period can be from one year to the entire term. Some companies guarantee the rate can never be lower (higher) than a set minimum (maximum). Participation rates are often less than 100%, particularly when there's no cap rate.
Cap Rate- Typically, the maximum rate of interest the annuity will earn during the index term. Some annuities guarantee that the cap rate will never be lower (higher) than a set minimum (maximum). Companies often use a cap rate, especially if the participation rate is 100%.
Spread Rate - A set percentage the insurer subtracts from any change in the index. Also called a "margin or asset fee." Companies may use this instead of or in addition to a participation or cap rate.
Money in a variable annuity earns a return based on the performance of the investment portfolios, known as " subaccounts," where you choose to put your money. Your investment choices likely will include subaccounts with different types and levels of risk. Your choices will affect the return you earn on your annuity. Subaccounts usually have no guaranteed return, but you may have a choice to put some money in a fixed interest rate account, with a rate that won't change for a set period.
The value of your annuity can change every day as the subaccounts' values change. If the subaccounts' values increase, your annuity earns money. But there's no guarantee that the values of the subaccounts will increase. If the subaccounts' values go down, you may end up with less money in your annuity than you paid into it .
An insurer may offer several versions of a variable deferred annuity product. The different versions usually are identified as share classes. The key differences between the versions are the fees you'll pay every year you own the annuity. The rules that apply if you take money out of the annuity also may be different. Read the prospectus carefully. Ask the annuity salesperson to explain the differences among the versions.
What Other Information Should You Consider?
Fees, Charges, and Adjustments
Fees and charges reduce the value of your annuity. They help cover the insurer's costs to sell and manage the annuity and pay benefits. The insurer may subtract these costs directly from your annuity's value. Most annuities have fees and charges but they can be different for different annuities. Read the contract and disclosure or prospectus carefully and ask the annuity salesperson to describe these costs.
A surrender or withdrawal charge is a charge if you take part or all of the money out of your annuity during a set period of time. The charge is a percentage of the amount you take out of the annuity. The percentage usually goes down each year until the surrender charge period ends. Look at the contract and the disclosure or prospectus for details about the charge. Also look for any waivers for events (such as a death) or the right to take out a small amount (usually up to 10%) each year without paying the charge. If you take all of your money out of an annuity, you've surrendered it and no longer have any right to future income payments.
Some annuities have a Market Value Adjustment (MVA). An MVA could increase or decrease your annuity's account value, cash surrender value, and/or death benefit value if you withdraw money from your account. In general, if interest rates are lower when you withdraw money than they were when you bought the annuity, the MVA could increase the amount you could take from your annuity. If interest rates are higher than when you bought the annuity, the MVA could reduce the amount you could take from your annuity. Every MVA calculation is different. Check your contract and disclosure or prospectus for details.
Annuity Fees and Charges
Contract fee - A flat dollar amount or percentage charged once or annually.
Percentage of purchase payment -A front-end sales load or other charge deducted from each premium paid. The percentage may vary over time.
Premium tax - A tax some states charge on annuities. The insurer may subtract the amount of the tax when you pay your premium, when you withdraw your contract value, when you start to receive income payments, or when it pays a death benefit to your beneficiary.
Transaction fee -A charge for certain transactions, such as transfers or withdrawals.
* * *
Mortality and expense (M&E) risk charge -A fee charged on variable annuities. It's a percentage of the account value invested in subaccounts.
Underlying fund charges -Fees and charges on avariable annuity's subaccounts; may include an investment management fee, distribution and service (12b-1) fees, and other fees.
How Annuities Make Payments
At some future time, you can choose to annuitize your annuity and start to receive guaranteed fixed income payments for life or a period of time you choose. After payments begin, you can't take any other money out of the annuity. You also usually can't change the amount of your payments. For more information, see " Payout Options" in this Buyer's Guide. If you die before the payment period ends, your survivors may not receive any payments, depending on the payout option you choose.
You can withdraw the cash surrender value of the annuity in a lump sum payment and end your annuity. You'll likely pay a charge to do this if it's during the surrender charge period. If you withdraw your annuity's cash surrender value, your annuity is cancelled. Once that happens, you can't start or continue to receive regular income payments from the annuity.
You may be able to withdraw some of the money from the annuity's cash surrender value without ending the annuity. Most annuities with surrender charges let you take out a certain amount (usually up to 10%) each year without paying surrender charges on that amount. Check your contract and disclosure or prospectus. Ask your annuity salesperson about other ways you can take money from the annuity without paying charges.
Living Benefits for Fixed Annuities
Some fixed annuities, especially fixed indexed annuities, offer a guaranteed living benefits rider, usually at an extra cost. A common type is called a guaranteed lifetime withdrawal benefit that guarantees to make income payments you can't outlive. While you get payments, the money still in your annuity continues to earn interest. You can choose to stop and restart the payments or you might be able to take extra money from your annuity. Even if the payments reduce the annuity's value to zero at some point, you'll continue to get payments for the rest of your life. If you die while receiving payments, your survivors may get some or all of the money left in your annuity.
You'll have a choice about how to receive income payments. These choices usually include:
* For your lifetime
* For the longer of your lifetime or your spouse's lifetime
* For a set time period
* For the longer of your lifetime or a set time period
Living Benefits for Variable Annuities
Variable annuities may offer a benefit at an extra cost that guarantees you a minimum account value, a minimum lifetime income, or minimum withdrawal amounts regardless of how your subaccounts perform. See "Variable Annuity Living Benefit Options" at right. Check your contract and disclosure or prospectus or ask your annuity salesperson about these options.
Variable Annuity Living Benefit Options
Guaranteed Minimum Accumulation Benefit (GMAB) - Guarantees your account value will equal some percentage (typically 100%) of premiums less withdrawals, at a set future date (for example, at maturity). If your annuity is worth less than the guaranteed amount at that date, your insurance company will add the difference.
Guaranteed Minimum Income Benefit (GMIB) - Guarantees a minimum lifetime income. You usually must choose this benefit when you buy the annuity and must annuitize to use the benefit. There may be a waiting period before you can annuitize using this benefit.
Guaranteed Lifetime Withdrawal Benefit (GLWB) - Guarantees you can make withdrawals for the rest of your life, up to a set maximum percentage each year.
How Annuities Are Taxed
Ask a tax professional about your individual situation. The information below is general and should not be considered tax advice.
Current federal law gives annuities special tax treatment. Income tax on annuities is deferred. That means you aren't taxed on any interest or investment returns while your money is in the annuity. This isn't the same as tax-free. You'll pay ordinary income tax when you take a withdrawal, receive an income stream, or receive each annuity payment. When you die, your survivors will typically owe income taxes on any death benefit they receive from an annuity.
There are other ways to save that offer tax advantages, including Individual Retirement Accounts (IRAs). You can buy an annuity to fund an IRA, but you also can fund your IRA other ways and get the same tax advantages. When you take a withdrawal or receive payments, you'll pay ordinary income tax on all of the money you receive (not just the interest or the investment return). You also may have to pay a 10% tax penalty if you withdraw money before you're age 59 1/2.
Finding an Annuity That's Right for You
An annuity salesperson who suggests an annuity must choose one that they think is right for you, based on information from you. They need complete information about your life and financial situation to make a suitable recommendation. Expect a salesperson to ask about your age; your financial situation (assets, debts, income, tax status, how you plan to pay for the annuity); your tolerance for risk; your financial objectives and experience; your family circumstances; and how you plan to use the annuity. If you aren't comfortable with the annuity, ask your annuity salesperson to explain why they recommended it. Don't buy an annuity you don't understand or that doesn't seem right for you.
Within each annuity, the insurer may guarantee some values but not others. Some guarantees may be only for a year or less while others could be longer. Ask about risks and decide if you can accept them. For example, it's possible you won't get all of your money back or the return on your annuity may be lower than you expected. It's also possible you won't be able to withdraw money you need from your annuity without paying fees or the annuity payments may not be as much as you need to reach your goals. These risks vary with the type of annuity you buy. All product guarantees depend on the insurance company's financial strength and claims-paying ability.
Questions You Should Ask
* Do I understand the risks of an annuity? Am I comfortable with them?
* How will this annuity help me meet my overall financial objectives and time horizon?
* Will I use the annuity for a long-term goal such as retirement? If so, how could I achieve that goal if the income from the annuity isn't as much as I expected it to be?
* What features and benefits in the annuity, other than tax deferral, make it appropriate for me?
* Does my annuity offer a guaranteed minimum interest rate? If so, what is it?
* If the annuity includes riders, do I understand how they work?
* Am I taking full advantage of all of my other tax-deferred opportunities, such as 401(k)s, 403(b)s, and IRAs?
* Do I understand all of the annuity's fees, charges, and adjustments?
* Is there a limit on how much I can take out of my annuity each year without paying a surrender charge? Is there a limit on the total amount I can withdraw during the surrender charge period?
* Do I intend to keep my money in the annuity long enough to avoid paying any surrender charges?
* Have I consulted a tax advisor and/or considered how buying an annuity will affect my tax liability?
* How do I make sure my chosen survivors (beneficiaries) will receive any payment from my annuity if I die?
If you don't know the answers or have other questions, ask your annuity salesperson for help.
When You Receive Your Annuity Contract
When you receive your annuity contract, carefully review it. Be sure it matches your understanding. Also, read the disclosure or prospectus and other materials from the insurance company. Ask your annuity salesperson to explain anything you don't understand. In many states, a law gives you a set number of days (usually 10 to 30 days) to change your mind about buying an annuity after you receive it. This often is called a free look or right to return period. Your contract and disclosure or prospectus should prominently state your free look period. If you decide during that time that you don't want the annuity, you can contact the insurance company and return the contract. Depending on the state, you'll either get back all of your money or your current account value.
1 . FINRA (Financial Industry Regulatory Authority) regulates the companies and salespeople who sell variable annuities.