summary
Introduced
In Committee
Crossed Over
Passed
Dead
Vetoed
09/20/2011
09/20/2011
Introduced Session
2011-2012 Regular Session
Bill Summary
An act to add Article 9 (commencing with Section 10509.910) to Chapter 5 of Part 2 of Division 2 of the Insurance Code, relating to annuity transactions.
AI Summary
This bill establishes new regulations for annuity transactions in California, requiring insurers to implement a system for supervising recommendations made to consumers and setting standards for these recommendations to ensure they align with a consumer's financial needs and objectives. The legislation is largely based on a 2010 model regulation from the National Association of Insurance Commissioners (NAIC), an organization of state insurance regulators, and is partly in response to federal requirements under the Dodd-Frank Wall Street Reform and Consumer Protection Act, which links a state's adoption of these standards to federal grant programs and its jurisdiction over certain financial products. Key provisions include requiring insurance producers (salespeople) to gather specific "suitability information" from consumers, such as their age, income, financial experience, and risk tolerance, before recommending an annuity. Insurers must also provide product-specific training to their producers and establish a supervision system to monitor recommendations and detect unsuitable sales. The bill also mandates specific training for insurance producers on annuity products and sales practices, including continuing education requirements. While the bill aims to protect consumers, it includes exemptions for certain transactions, such as direct response solicitations where no recommendation is made, and annuities used for specific employee benefit plans or government programs. The bill also clarifies that compliance with certain FINRA (Financial Industry Regulatory Authority) rules for broker-dealer sales of variable and fixed annuities can satisfy some of these requirements, provided additional suitability criteria are met.
Committee Categories
Budget and Finance, Business and Industry, Justice
Sponsors (8)
Lou Correa (D)*,
Ted Lieu (D)*,
Alan Lowenthal (D)*,
Joel Anderson (R),
Ronald Calderon (D),
Ted Gaines (R),
Curren Price (D),
Mark Wyland (R),
Last Action
Consideration of Governor's veto stricken from file. Veto sustained. (on 03/01/2012)
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