HB 141

1
A bill to be entitled
2An act relating to annuity contracts for senior consumers;
3creating s. 627.45545, F.S.; providing a short title;
4providing legislative findings; providing definitions;
5specifying annuity contract protection criteria for senior
6consumers; providing an effective date.
7
8Be It Enacted by the Legislature of the State of Florida:
9
10     Section 1.  Section 627.45545, Florida Statutes, is created
11to read:
12     627.45545  Senior annuity protections.--
13     (1)  This section may be cited as the "Florida Senior
14Annuity Bill of Rights."
15     (2)  The Legislature finds that equity indexed, fixed
16equity indexed, and indexed annuities are substantially similar
17in complexity to securities and should therefore be regulated as
18securities relative to setting appropriate consumer protections
19and agent training. Agents who sell equity indexed, fixed equity
20indexed, and indexed annuities should be required to have the
21same license as that required to sell securities under chapter
22517.
23     (3)  As used in this section, the term:
24     (a)  "Annuity contract" means a fixed annuity, equity
25indexed annuity, fixed equity indexed annuity, indexed annuity,
26or variable annuity that is individually solicited, whether the
27product is classified as an individual annuity or group annuity.
28     (b)  "Equity indexed annuity," "fixed equity indexed
29annuity," or "indexed annuity" means a fixed annuity that earns
30interest or provides benefits that are linked to an external
31equity reference or an equity index.
32     (c)  "Purchase payment" means any amount paid to the
33insurer under an annuity contract as consideration for the
34benefits provided by the contract.
35     (d)  "Senior consumer" means a person 65 years of age or
36older. In the event of a joint purchase by more than one party,
37a purchase is considered to be made by a senior consumer if any
38party is age 65 or older.
39     (e)  "Surrender charge" means any charge levied against the
40purchase payments for withdrawal of the purchase payment prior
41to the expiration of the surrender charge period.
42     (f)  "Surrender charge percentage" means the percentage of
43the purchase payments that the contract holder will forfeit for
44withdrawal of the purchase payment prior to the expiration of
45the surrender charge period.
46     (g)  "Surrender charge period" means the number of years
47before purchase payments of the annuity contract may be
48withdrawn without penalty.
49     (4)  The following protections shall be incorporated into
50any annuity contract purchased by an individual who, at the time
51of purchase, is a senior consumer:
52     (a)  The maximum surrender charge period shall be 9 years
53from the date of each purchase payment.
54     (b)  The maximum annual surrender charge percentage shall
55be 9 percent of the purchase payments.
56     (c)  After the first contract year, senior consumers shall
57be allowed free annual withdrawals in each contract year of up
58to 10 percent of the purchase payments for annuity contracts
59with a surrender charge period of 7 years or longer. The insurer
60may also specify in the contract that a senior consumer may take
61a free annual withdrawal in an amount greater than 10 percent in
62such contract, but in no event may the amount be less than 10
63percent.
64     (d)  Senior consumers diagnosed with a terminal illness
65that will result in death within 2 years after the diagnosis may
66withdraw all purchase payments from an annuity contract prior to
67the expiration of the surrender charge period without penalty.
68     Section 2.  This act shall take effect January 1, 2010.


CODING: Words stricken are deletions; words underlined are additions.