1 | A bill to be entitled |
2 | An act relating to annuity contracts for senior consumers; |
3 | creating s. 627.45545, F.S.; providing a short title; |
4 | providing legislative findings; providing definitions; |
5 | specifying annuity contract protection criteria for senior |
6 | consumers; providing an effective date. |
7 |
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8 | Be It Enacted by the Legislature of the State of Florida: |
9 |
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10 | Section 1. Section 627.45545, Florida Statutes, is created |
11 | to read: |
12 | 627.45545 Senior annuity protections.-- |
13 | (1) This section may be cited as the "Florida Senior |
14 | Annuity Bill of Rights." |
15 | (2) The Legislature finds that equity indexed, fixed |
16 | equity indexed, and indexed annuities are substantially similar |
17 | in complexity to securities and should therefore be regulated as |
18 | securities relative to setting appropriate consumer protections |
19 | and agent training. Agents who sell equity indexed, fixed equity |
20 | indexed, and indexed annuities should be required to have the |
21 | same license as that required to sell securities under chapter |
22 | 517. |
23 | (3) As used in this section, the term: |
24 | (a) "Annuity contract" means a fixed annuity, equity |
25 | indexed annuity, fixed equity indexed annuity, indexed annuity, |
26 | or variable annuity that is individually solicited, whether the |
27 | product is classified as an individual annuity or group annuity. |
28 | (b) "Equity indexed annuity," "fixed equity indexed |
29 | annuity," or "indexed annuity" means a fixed annuity that earns |
30 | interest or provides benefits that are linked to an external |
31 | equity reference or an equity index. |
32 | (c) "Purchase payment" means any amount paid to the |
33 | insurer under an annuity contract as consideration for the |
34 | benefits provided by the contract. |
35 | (d) "Senior consumer" means a person 65 years of age or |
36 | older. In the event of a joint purchase by more than one party, |
37 | a purchase is considered to be made by a senior consumer if any |
38 | party is age 65 or older. |
39 | (e) "Surrender charge" means any charge levied against the |
40 | purchase payments for withdrawal of the purchase payment prior |
41 | to the expiration of the surrender charge period. |
42 | (f) "Surrender charge percentage" means the percentage of |
43 | the purchase payments that the contract holder will forfeit for |
44 | withdrawal of the purchase payment prior to the expiration of |
45 | the surrender charge period. |
46 | (g) "Surrender charge period" means the number of years |
47 | before purchase payments of the annuity contract may be |
48 | withdrawn without penalty. |
49 | (4) The following protections shall be incorporated into |
50 | any annuity contract purchased by an individual who, at the time |
51 | of purchase, is a senior consumer: |
52 | (a) The maximum surrender charge period shall be 9 years |
53 | from the date of each purchase payment. |
54 | (b) The maximum annual surrender charge percentage shall |
55 | be 9 percent of the purchase payments. |
56 | (c) After the first contract year, senior consumers shall |
57 | be allowed free annual withdrawals in each contract year of up |
58 | to 10 percent of the purchase payments for annuity contracts |
59 | with a surrender charge period of 7 years or longer. The insurer |
60 | may also specify in the contract that a senior consumer may take |
61 | a free annual withdrawal in an amount greater than 10 percent in |
62 | such contract, but in no event may the amount be less than 10 |
63 | percent. |
64 | (d) Senior consumers diagnosed with a terminal illness |
65 | that will result in death within 2 years after the diagnosis may |
66 | withdraw all purchase payments from an annuity contract prior to |
67 | the expiration of the surrender charge period without penalty. |
68 | Section 2. This act shall take effect January 1, 2010. |