Policy Outlook: Pressing Regulatory Issues and Advocacy Opportunities

Similar documents
2018 RETIREMENT SECURITY BLUEPRINT

House Committee on Financial Services Subcommittee on Housing and Insurance Hearing on The Federal Government s Role in the Insurance Industry

2017 RETIREMENT SECURITY BLUEPRINT

Testimony of Catherine Weatherford. President and CEO, Insured Retirement Institute

DRAFT GUIDANCE FOR THE FINANCIAL SOLVENCY AND MARKET CONDUCT REGULATION OF INSURERS WHO OFFER CONTINGENT DEFERRED ANNUITIES

Testimony on Behalf of Hewitt Associates LLC. By Dan Campbell Defined Contribution Administration Practice Leader

Annuities in Pension Plans Policies to Encourage Annuitization

Background and Impact on Retirement Savers

[ INSURED RETIREMENT INSTITUTE ]

Annuities in Retirement Income Planning

Risky Business: Living Longer Without Income for Life

Accumulating Funds in an Annuity: A Deferred Fixed Interest and Indexed Annuity Review

pay, but they able to

SUMMARY OF FINAL RULE ON FIDUCIARY REQUIREMENTS FOR DISCLOSURE IN PARTICIPANT-DIRECTED INDIVIDUAL ACCOUNT PLANS. February 6, 2012

Bank of America Merrill Lynch Legislative and Regulatory Brief

The Outlook for the Fiduciary Standard in Washington Bullish, Bearish? A Report on the Status of Fiduciary Status

Washington Update: Understanding the Nuances What's on the Table and What's Next?

RE: Request for Information Regarding the Fiduciary Rule and Prohibited Transaction Exemption (RIN 1210-AB82)

THE FIDUCIARY STANDARD: WHAT COULD CHANGE TO THE DOL STANDARD MEAN TO YOU

ERISA Regulatory and Litigation Update and Current Fiduciary Issues. FIRMA 29 th National Risk Management Training Conference

MEMORANDUM. DOL Guidance Interpreting PPA "Investment Advice" Provisions Answered Questions, New Opportunities and Outstanding Issues

August 30, Via to

MINIMIZING RISK AND MAXIMIZING OUTCOMES

403(b) PLAN. Employee Guidebook. Welcome Building retirement savings Options for investing You have control Open your account CONTENTS

Retirement Income: The New Perspective for 401(k) Plans

Written Testimony of Nick Lane. IRI Chairman of the Board of Directors. Head of U.S. Life & Retirement, AXA. Department of Labor Public Hearing:

The rates below apply for applications signed between November 15, 2017 and December 14, Income Growth Rate: 5.00% Income Percentages

Written Testimony of Cynthia Mallett Vice President for Industry Strategies & Public Policy Corporate Benefit Funding MetLife

Index Growth Annuity 5 And 7

SUBJECT TO COMPLETION PRELIMINARY PROSPECTUS DATED APRIL 27, 2015

RETIREMENT PLAN GLOSSARY OF TERMS

Industry s Support for a Best Interest Standard

Annuity Answer Booklet

[ Tax Policy and Boomer Retirement Saving Behaviors ] How Changes in Tax Policy Will Impact Middle-Income Boomers

A Fiduciary Duty for Broker-Dealers?

The rates below apply for applications signed between April 15, 2018 and May 14, Income Growth Rate: 5.00% Income Percentages

Date: October 25, 2010 TCRS : Department Of Labor Final Regulations Relating To Participant Fee Disclosure

Fiduciary Guide. Helping to protect your plan. MetLife Resources

LIFETIME INCOME POLL. Perspectives of Defined Contribution Plan Sponsors on Regulatory Developments

SPIA. Consider securing a steady, lifetime income. A SPIA can help provide a dependable, guaranteed stream of income for a lifetime.

From Capitol Hill to Main Street

August 07, Re: Regulation Identifier Number RIN 1210 AB20. To Whom It May Concern:

RETIREMENT PERSPECTIVES SURVEY KEY FINDINGS. Commissioned survey conducted by

The rates below apply for applications signed between July 15, 2018 and August 14, Income Growth Rate: 5.00% Income Percentages

WHAT IS NEW IN DC: THE MOST CRITICAL ITEMS TO THE OBAMA ADMINISTRATION. December 2010

Some of the highlights of the Bill are outlined below: Securing 2001 s Retirement Savings Opportunities

One pathway to more personalized investment portfolios

SECURING AMERICA S RETIREMENT

The Ledger. Second Quarter Legislative Update, Summary of Legislative, Judicial and Regulatory Retirement News

The Broker s Sales Guide to an Individual Fixed Annuity from The Standard

The Individual Annuity

AXA 401(k) information gateway newsletter

Variable Annuities. A tax-advantaged way to save for retirement

The SEC s Proposed Regulation Best Interest, Form CRS Relationship Summary, and Interpretation Regarding Standards of Conduct for Investment Advisers

Bank of America Merrill Lynch Legislative and Regulatory Brief

Investment Recommendations Covered Under the Rule

Important Information About Your Investments

Contingent Deferred Annuities

THE WHITE HOUSE Office of the Press Secretary EMBARGOED UNTIL 6AM ET, WEDNESDAY, APRIL 6, 2016

In-Plan Guaranteed Lifetime Income:

Introduction to Annuities

SUMMARY OF THE 401(k) FAIR DISCLOSURE FOR RETIREMENT SECURITY ACT OF

PRODUCT GUIDE. The SOLUTION Before life presents the problem. fixed indexed annuity. Oxford Life Select SERIES S-SERIES A M BEST

U.S. Chamber of Commerce

Testimony of M. Cindy Hounsell, President Women s Institute for a Secure Retirement

DOL Fiduciary Rule: Answering Advisors' Top Questions

The Changing Face of 401(k) Plans: Expectations, Perceptions, Products & Laws

SEC PROPOSED STANDARDS OF CONDUCT. FOR RETAIL ADVICE Chris Cox Jennifer Klass Steven Stone Brian Baltz May 9, Morgan, Lewis & Bockius LLP

I T S T H E R I G H T C H O I C E

Buyer s Guide for. Deferred Annuities. Fixed

Buyer s Guide for. Deferred Annuities. Fixed

1102 Longworth House Office Building 1106 Longworth House Office Building Washington, DC Washington, DC 20515

Pinnacle MYGA SM. A Multi-Year Guaranteed Annuity

U.S. Department of Labor Finalizes Fiduciary Definition and Conflict of Interest Rule

White Paper. The truth about institutional income annuities

The Individual Annuity

Transition to a lifetime of financial security.

TESTIMONY OF KENT A. MASON DAVIS & HARMAN LLP. before the SUBCOMMITTEE ON HEALTH, EMPLOYMENT, LABOR AND PENSIONS. of the

Preparing for Rising Medical Costs in Retirement

NAIC National Association of Insurance Commissioners

Buyer s Guide for. Deferred Annuities

Pinnacle MYGA SM. A Multi-Year Guaranteed Annuity Issued by Delaware Life Insurance Company*

Woodbury Financial Services, Inc. Guide to Investing

Fee Disclosure in Defined Contribution Retirement Plans: Background and Legislation

Presentation slides will be ed to you by Friday

Human Resources Benefits Office. For Your Benefit. PVA Benefits Program 2013 Summary Plan Description

Statement before the ERISA Advisory Council on Model Notices and Disclosures for Pension Risk Transfers

SecureFore SM 5 Fixed Annuity

Automatic Rollover IRAs: The Key to the Uncashed Checks Dilemma

2017 Premiere Select Small-Business Retirement Products Guide

2018 Small-Business Retirement Products Guide

Participant Fee Disclosures for ERISA Plans

Why John Hancock? Partner with a leader who has the courage and conviction to put Participants 1 st

Plan Sponsor Fee Disclosure

Retirement Plan Update: Court Decisions, SEC and DOL Guidance, and More FRED REISH, ESQ.

2015 ERISA Advisory Council Model Notices and Disclosures for Pension Risk Transfers May 28, 2015

Rollover Strategies and IRA Distribution Rules.

ANNUITY PRODUCTS PRODUCT OVERVIEW. Marquis SP SINGLE PREMIUM FIXED INDEXED ANNUITY LL-2755 (10/16)

MAKING THE DECISION TO BUY AN ANNUITY IS AN IMPORTANT STEP IN YOUR RETIREMENT PLAN.

Workshop 47: Revenue Streams from the Non-Profit Space. Susan D. Diehl, QKA, CPC, ERPA President, PenServ Plan Services, Inc.

Transcription:

Policy Outlook: Pressing Regulatory Issues and Advocacy Opportunities Lee Covington Senior Vice President & General Counsel Insured Retirement Institute (IRI)

Federal Issues & Opportunities Tax Deferred Treatment of Annuities DOL Fiduciary Definition Rule Increasing Access to In Plan Annuity Options Lifetime Income Disclosure Act & DOL Rulemaking VA Summary Prospectus SEC Standard of Care NARAB II Harkin USA Funds Proposal Senior Financial Protection Initiatives Retirement Plan Electronic Disclosure Federal Insurance Office (FIO) Report and Activities DOL Brokerage Window Field Assistance Bulletin

State Issues & Opportunities Contingent Deferred Annuities (CDAs) NAIC Model Annuity Suitability Regulation NAIC Annuity Disclosure/Illustrations Model NAIC Annuity Buyer s Guides NAIC ERISA Retirement Income Working Group NAIC Separate Accounts Working Group Market Conduct Regulation Reform

Importance of Tax Deferral Protecting current tax treatment of annuities and other retirement savings is a top priority for IRI All serious discussions about the current tax code have included proposals to eliminate all tax expenditures from the tax code Industry must demonstrate the importance of tax deferral for Americans and their retirement savings

IRI Research on Tax Deferral 76% of middle income Baby Boomers consider tax deferral an important feature of a retirement investment product 24% would be less likely to save for retirement if those incentives were reduced or eliminated IRI will continue to stress the importance of tax deferral while maintaining an aggressive advocacy campaign

Impact of Fiscal Fights Fiscal cliff is in the past, deficit and debt remain Fiscal battles in Washington will continue Always a potential threat to tax deferred status of annuities and other retirement savings

DOL Fiduciary Definition Rule The DOL initially proposed a new definition of fiduciary, which would lead to: Increased costs and complexity Less choice for retirement plans and IRAs Increased confusion for service providers 98% of retirement savers with less than $25,000 in IRAs rely on broker dealers Oliver Wyman Study 1 million fewer IRAs established each year 18 million small IRA investors would lose access to their financial professional $240 B in retirement savings lost over the next 20 years Small businesses could stop setting up new 401k plans BDs may not alter their current business model to better accommodate small medium investors

DOL Fiduciary Definition Rule Modified proposal expected during the next few months IRI proposed guiding question: How does this help address the retirement security challenges that we face as a nation? Hundreds of letters have been sent to the Administration by our members, and IRI intends to continue this grassroots effort

Increasing In Plan Options The President s Middle Class Task Force recommended: Promoting the availability of annuities and other forms of guaranteed lifetime income, which transform savings into guaranteed future income, reducing the risks that retirees will outlive their savings or that their retirees living standards will be eroded by investment losses or inflation.

Increasing In Plan Options Treasury/DOL initiative to make lifetime income options more broadly available in retirement plans Treasury s Rule Proposal (2012) Permits Partial Annuitization Allowing of combination options that avoid an allor nothing choice, such as the option to take a portion of an individual s plan benefit as a stream of regular monthly income payable for life Addresses RMD for Longevity Annuities: Enabling use of longevity annuities which permit employees to use a limited portion of their account balance for retirement income beginning at age 80 or 85 by allowing a portion of the account value to be excluded for RMD purposes. Clarifies treatment of lump sum cash payment to DB Plans: Making clear that employees can transfer some or all of 401(k) lump sums to the employer s defined benefit pension plan in order to receive an annuity from that plan; and Clarifies Spousal Protection Rules: Resolving uncertainty as to how the 401(k) plan spousal protection rules apply when employees choose deferred annuities (including longevity annuities) from their plans.

Increasing In Plan Options Lifetime Income Disclosure Act (S.276 and H.R.677) / DOL Advanced Notice of Rulemaking (2013) Current account balance; Current account balance converted to an estimated lifetime income stream of payments assuming the participant or beneficiary has reached normal retirement age as of the date of the benefit statement; For participants who have not yet reached normal retirement age, projected account balance based on future contributions and investment returns through normal retirement age; Projected account balance converted to an estimated lifetime stream of payments assuming the participant retires at normal retirement age; Understandable explanation of the assumptions behind the lifetime income stream illustrations, and Statement that the illustrations are estimates and not guarantees.

Increasing In Plan Options Selection and Monitoring of Annuity Providers Fiduciary concerns are the most significant obstacle to more widespread inclusion IRI working with DOL and NAIC to provide clarity to plan sponsors

VA Summary Prospectus IRI first proposed the VA summary prospectus in December 2008 SEC staff first took up the project a year later after Chairman Schapiro indicated her public support for the proposal

VA Summary Prospectus IRI worked with the SEC for two years on multiple drafts Developed VA summary prospectus and annual update proof of concepts Determined the information that should be included in each All the work necessary to move the proposed rule forward has been completed and public supports a summary prospectus Norm Champ, SEC Investment Management Director SEC Financial Literacy Study showing positives reactions to mutual fund summary provides optimism that a variable annuity summary prospectus, if designed and implemented effectively, could provide better disclosure for investors in your products. We are committed to making improvements in the important area of helping variable annuity investors to make informed investment decisions. Investors in variable annuities deserve our best efforts on this important initiative. Listed VA summary prospectus after 3 other priority initiatives

IRI VA Summary Research High demand for an easy to read variable annuity investment detail 95% of investors would prefer to receive a shorter VA summary prospectus 6 in 10 respondents stated having a short summary prospectus would make them more likely to consider a variable annuity as part of their investment portfolio or to discuss it with their financial advisor Most (72%) never or rarely read the prospectus 90% never or rarely use the prospectus to answer questions about their variable annuity after purchase Save member companies in excess of $1 million dollars in costs annually and give consumers summary information they need

SEC Standard of Care Dodd Frank directed SEC staff study found need for new standard of care for financial professionals providing financial advice IRI Comment Letter Importance of a proposed standard that will appropriately apply given the nature of rendered services Not a one size fits all approach Limited product offerings or proprietary products Disclosure based regulation versus fiduciary nomenclature SEC 2013 Request for Information Detailed cost benefit questions Fiduciary standard acting in best interests Duty of loyalty (disclosure) and duty of care (suitability) Other alternatives

IRI Regulatory Burdens Study IRI commissioned research to identify obstacles that impede broker dealers ability and financial advisors willingness to sell lifetime income products

IRI Regulatory Burdens Study Results identified four major areas of concerns: Multi state licensing and appointments State annuity training and CE compliance Suitability and other sales practices regulations Inconsistent, voluminous, redundant and complex maze of rules and forms (e.g. application forms)

IRI Regulatory Burdens Study State insurance regulatory system creates both hard and soft costs not associated with the sale of securities. Personnel costs (e.g. 25 people versus 5 people); Annuity training; Multi state licensing fees; and Delays in processing due to NIGO transactions. Inconsistent state laws are compounded by unavoidable, yet burdensome, inconsistent interpretations by insurers.

NARAB II National Association of Registered Agents and Brokers Reform Act (NARAB II) was reintroduced in both chambers of Congress in March 2013 NARAB II would establish a one stop, federal licensing clearinghouse for financial professionals and broker dealer agencies holding licenses in multiple states

Harkin USA Retirement Funds 8 hearings on retirement savings issues Employer mandate Multi employer plan model Independent fund boards Shift fiduciary duties to fund boards Many questions about details

Senior Financial Protection IRI has worked closely with the Consumer Financial Protection Bureau on many issues, including their recent RFI regarding senior financial exploitation IRI recognizes the importance of senior financial literacy efforts and current regulations aiding protection against senior financial exploitation CFPR issued report calling on state and federal regulators to: Develop rigorous training standards and criteria for acquiring such senior designations such as qualifying prerequisites, education, training and accreditation. Set minimum standards for the conduct of senior designation holders, and increase enforcement of existing laws and supervision of senior designees

Retirement Plan E Disclosure DOL s for Technical Release 2011 03 Governs the use of paper and electronic delivery of required information under the ERISA Does not provide meaningful incentives or make it more feasible to use electronic media IRI supports establishment of rules fostering adoption of electronic disclosures by eliminating liability risks and authorizing all ERISA disclosures to be made in an electronic manner with an opt out option to receive paper disclosures

Federal Insurance Office (FIO) Charged with monitoring all aspects of insurance industry and developing reports recommending changes to the current insurance regulatory system IRI Comment Letter FIO should focus on the regulatory environment in the context of the current state of retirementsavings readiness and the need for consumers to insure against risk of outliving their assets 8 major recommendations to FIO

DOL Field Assistance Bulletin (FAB) IRI expressed concerns about the DOL s FAB, which included new rules issued outside the federal rulemaking process In an attempt to clarify new defined contribution fee disclosure rules, FAB actually created a new duty that had not previously existed The DOL has since withdrawn the FAB due to the efforts of IRI and its sister trade associations

Contingent Deferred Annuities NAIC Life Insurance Committee determined CDAs should be classified as annuities (March 2012) U.S. Government Accountability Office Report: CDAs can help older Americans ensure they do not outlive their assets NAIC CDA WG Report (April 2013) Referral of capital and reserving requirements to appropriate NAIC groups Development of risk management checklist to be used by states when reviewing filings NAIC models currently apply to CDAs and revisions to NAIC models to specifically reference or exempt CDAs

Other State Issues NAIC Model Annuity Suitability Regulation NAIC Annuity Disclosure/Illustrations Model Law NAIC Annuity Buyer s Guides NAIC ERISA Retirement Income Working Group NAIC Separate Accounts Review Market Conduct Regulation Reform Producer Licensing Uniform Examination Outline

IRI Members Only Website

QUESTIONS?