Fixed Indexed Annuities and Insurance Products Classification Act of 2009 (Introduced in Senate) S 1389 IS. 111th CONGRESS 1st Session S.

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1 Fixed Indexed Annuities and Insurance Products Classification Act of 2009 (Introduced in Senate) S 1389 IS 111th CONGRESS 1st Session S IN THE SENATE OF THE UNITED STATES June 25, 2009 Mr. NELSON of Nebraska (for himself, Mr. CHAMBLISS, Mr. HARKIN, and Mr. BROWNBACK) introduced the following bill; which was read twice and referred to the Committee on Banking, Housing, and Urban Affairs A BILL Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the `Fixed Indexed Annuities and Insurance Products Classification Act of 2009'. SEC. 2. FINDINGS AND PURPOSE. (a) Findings- Congress makes the following findings: (1) Primary jurisdiction for regulating life insurance and annuities is vested with the States and Territories of the United States and the District of Columbia. (2) Indexed insurance and annuity products offered by insurance companies are subject to a wide array of laws and regulations enforced by States and applicable jurisdictions, including nonforfeiture requirements that provide for minimum guaranteed values, thereby protecting consumers against market related losses.

2 (3) Adoption of Rule 151A by the Securities and Exchange Commission, entitled `Indexed Annuities and Certain Other Insurance Products', 74 Fed. Reg (January 16, 2009), interferes with State insurance regulation, harms the insurance industry, reduces competition, restricts consumer choice, creates unnecessary and excessive regulatory burdens, and diverts Commission resources, all of which outweighs any perceived benefits. (b) Purpose- The purpose of this Act is to nullify rule 151A and clarify the scope of the exemption for annuities and insurance contracts from Federal regulation under the Securities Act of SEC. 3. SCOPE OF EXEMPTION FROM FEDERAL SECURITIES REGULATION. Section 3(a)(8) of the Securities Act of 1933 (15 U.S.C. 77c(a)(8)) is amended by inserting before the semicolon the following: `, and any insurance or endowment policy or annuity contract or optional annuity contract-- `(A) the value of which does not vary according to the performance of a separate account; and `(B) which satisfies standard nonforfeiture laws or similar requirements of the applicable State, Territory, or District of Columbia at time of issue, or in the absence of applicable standard nonforfeiture laws or requirements, satisfies the Model Standard Nonforfeiture Law for Life Insurance or Model Standard Nonforfeiture Law for Individual Deferred Annuities, or any successor model law, as published by the National Association of Insurance Commissioners'. SEC. 4. NULLIFICATION OF CERTAIN FEDERAL SECURITIES REGULATIONS. Rule 151A promulgated by the Securities and Exchange Commission and entitled `Indexed Annuities and Certain Other Insurance Contracts', 74 Fed. Reg (January 16, 2009), shall have no force or effect. SPONSORS(3), ALPHABETICAL [followed by Cosponsors withdrawn]: (Sort: by date) Sen Brownback, Sam [KS] - 6/25/2009 Sen Chambliss, Saxby [GA] - 6/25/2009 Sen Harkin, Tom [IA] - 6/25/2009

3 Fixed Indexed Annuities and Insurance Products Classification Act of 2009 (Introduced in House) HR 2733 IH 111th CONGRESS 1st Session H. R IN THE HOUSE OF REPRESENTATIVES June 4, 2009 Mr. MEEKS of New York (for himself, Mr. PRICE of Georgia, Mr. CLEAVER, Mr. PAUL, Mr. BOSWELL, Mr. SENSENBRENNER, Mr. CLAY, Mr. KLINE of Minnesota, Mr. FATTAH, Mr. LATHAM, Mr. POMEROY, Mr. SESSIONS, Mr. LATOURETTE, Mr. DRIEHAUS, Mr. BRADY of Texas, Mr. MCCAUL, Mr. KIND, Mr. WILSON of Ohio, Ms. JENKINS, Mr. CULBERSON, Mr. WELCH, and Ms. FUDGE) introduced the following bill; which was referred to the Committee on Financial Services A BILL Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the `Fixed Indexed Annuities and Insurance Products Classification Act of 2009'. SEC. 2. FINDINGS AND PURPOSE. (a) Findings- The Congress makes the following findings: (1) Primary jurisdiction for regulating life insurance and annuities is vested with the States and Territories of the United States and the District of Columbia. (2) Indexed insurance and annuity products offered by insurance companies are subject to a wide array of laws and regulations enforced by States and applicable jurisdictions, including nonforfeiture requirements that provide for minimum guaranteed values, thereby protecting consumers against market related losses. (3) Adoption of Rule 151A by the Securities and Exchange Commission, entitled `Indexed Annuities and Certain Other Insurance Products', 74 Fed. Reg (January 16, 2009),

4 interferes with State insurance regulation, harms the insurance industry, reduces competition, restricts consumer choice, creates unnecessary and excessive regulatory burdens, and diverts Commission resources, all of which outweighs any perceived benefits. (b) Purpose- The purpose of this Act is to nullify rule 151A and clarify the scope of the exemption for annuities and insurance contracts from Federal regulation under the Securities Act of SEC. 3. SCOPE OF EXEMPTION FROM FEDERAL SECURITIES REGULATION. Section 3(a)(8) of the Securities Act of 1933 (15 U.S.C. 77c (a)(8)) is amended by inserting before the semicolon the following: `, and any insurance or endowment policy or annuity contract or optional annuity contract (A) the value of which does not vary according to the performance of a separate account, and (B) which satisfies standard nonforfeiture laws or similar requirements of the applicable State, Territory, or District of Columbia at time of issue, or in the absence of applicable standard nonforfeiture laws or requirements, satisfies the Model Standard Nonforfeiture Law for Life Insurance or Model Standard Nonforfeiture Law for Individual Deferred Annuities, or any successor model law, as published by the National Association of Insurance Commissioners.'. SEC. 4. NULLIFICATION OF CERTAIN FEDERAL SECURITIES REGULATIONS. Rule 151A promulgated by the Securities and Exchange Commission and entitled `Indexed Annuities and Certain Other Insurance Contracts', 74 Fed. Reg (January 16, 2009), shall have no force or effect. COSPONSORS(24), ALPHABETICAL [followed by Cosponsors withdrawn]: (Sort: by date) Rep Bachmann, Michele [MN-6] - 6/10/2009 Rep Boswell, Leonard L. [IA-3] - 6/4/2009 Rep Brady, Kevin [TX-8] - 6/4/2009 Rep Clay, Wm. Lacy [MO-1] - 6/4/2009 Rep Cleaver, Emanuel [MO-5] - 6/4/2009 Rep Culberson, John Abney [TX-7] - 6/4/2009 Rep Driehaus, Steve [OH-1] - 6/4/2009 Rep Fattah, Chaka [PA-2] - 6/4/2009 Rep Foxx, Virginia [NC-5] - 6/10/2009 Rep Fudge, Marcia L. [OH-11] - 6/4/2009 Rep Jenkins, Lynn [KS-2] - 6/4/2009 Rep Kind, Ron [WI-3] - 6/4/2009 Rep Kline, John [MN-2] - 6/4/2009 Rep Latham, Tom [IA-4] - 6/4/2009 Rep LaTourette, Steven C. [OH-14] - 6/4/2009 Rep McCaul, Michael T. [TX-10] - 6/4/2009 Rep Paul, Ron [TX-14] - 6/4/2009 Rep Pomeroy, Earl [ND] - 6/4/2009 Rep Price, Tom [GA-6] - 6/4/2009 Rep Rohrabacher, Dana [CA-46] - 6/10/2009 Rep Sensenbrenner, F. James, Jr. [WI-5] - 6/4/2009 Rep Sessions, Pete [TX-32] - 6/4/2009 Rep Welch, Peter [VT] - 6/4/2009 Rep Wilson, Charles A. [OH-6] - 6/4/2009

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Advanced Markets are Recession Proof and

Advanced Markets are Recession Proof and Why Should be in Them Roccy DeFrancesco, JD, CWPP, CAPP, MMB The Wealth Preservation Institute 3260 S. Lakeshore Dr. St. Joseph, MI 49085 269-216-9978 www.thewpi.org