The following Letter Type M, or variations thereof, was submitted by individuals or entities.
Letter Type M:
Dear Chairman Cox:
In reference to the Securities and Exchange Commissions (SEC) recently
proposed rule 151A, it is important to understand that indexed annuities are insurance
products effectively governed today by state regulators. As a result, indexed annuities should not be subject to SEC regulation.
Moreover, indexed annuities are insurance products designed for
retirement savings for the risk averse, they are not high-risk investment products where a consumer can lose his or her
principal. Indexed annuities offer consumers important protections, by
guarantying the premiums
paid and the interest credited. Moreover, they provide underlying
interest guarantees required by
state law.
As defined benefit plans decrease, more consumers are left to fund
their retirements through
other means. Annuities—both traditional and indexed—can play an
important role in ensuring an
income stream for life. Similar to traditional fixed annuities,
indexed products protect policy
holders from risk of market loss to both principal and credited
interest, which may overtime be
higher depending on the performance of a specific index. Due to these
product guarantees, there
is a high consumer demand for indexed annuities, which is reinforced
by risks associated with
todays volatile markets. In fact, the recent downturn in the stock
market highlights the value of
these products. While many consumers have incurred huge losses in
their retirement dollars,
indexed annuity policyholders have avoided these declines by virtue of
the guarantees provided
by their policies.
If rule 151A is adopted, indexed annuities would only be available to
consumers through
registered representatives associated with broker-dealers. I believe,
as do many in the industry,
that this would limit access to this product to those Americans, who
have relationships with
registered representatives. Limiting access to a product that protects
consumers from the loss of
their retirement savings would be yet another hurdle for many
Americans to overcome as they
look for ways to fund their retirement.
In the SECs release of the proposed rule, there is a significant
amount of discussion about sales
practices and abuses. In fact, it has been suggested that the state
regulators are focused on
solvency and not suitability or sales practices. I believe that state
regulators are effectively
regulating the sales of indexed annuities, ensuring clear disclosure
of product features and
oversight of sales practices. State regulators have a long history
with our industry, products and
distribution channels. The NAIC has also worked hard during the last
few years to implement a
model regulation on suitability and disclosure for these products.
I hope that you will carefully consider the points made here, as well
as those made by hundreds
of others in the insurance industry. Thank you for your time.
Sincerely,
http://www.sec.gov/comments/s7-14-08/s71408-2021.htm