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Advocacy in action blog

American Council of Life Insurers (ACLI) President and CEO Susan Neely and NAIFA-New Hampshire Past President Dawn Chambers issued the following joint statement on the best interest annuity rule adopted recently by the New Hampshire Insurance Department:

“The actions taken by Insurance Commissioners D.J. Bettencourt and the New Hampshire Insurance Department greatly enhance protections for consumers seeking lifetime income through annuities. The new rule heightens the standards financial professionals must follow and protects consumers access to, and information about, annuities, the only financial product in the marketplace that can provide guaranteed income for life. 

“New Hampshire is the 43rd state to adopt the ‘best interest of consumer enhancements’ in the National Association of Insurance Commissioners (NAIC)  Suitability in Annuity Transactions Model Regulation. These new laws and regulations also harmonize with the SEC’s Regulation Best Interest.  Nearly 80% of Americans now live in a state with a best interest standard for annuity sales.

“These bipartisan consumer protections stand in stark contrast to the misguided fiduciary-only regulation proposed U.S. Department of Labor. The proposal is significantly similar to a failed 2016 regulation that, before it was struck down by a federal court, resulted in more than 10 million American workers’ accounts, with $900 billion in savings, losing access to professional financial guidance. With more than 4.1 million Americans turning 65 each year through 2027, now is not the time to limit people’s options for retirement.

“The best interest standard adopted by New Hampshire and 42 other states ensures that all savers, particularly financially vulnerable middle-income Americans, can access information about different choices for long-term security in retirement. A consumer survey finds that middle-income retirement savers would be very concerned about a regulation keeping them from accessing the professional financial guidance they want and need.

“The U.S. Congress reaffirmed the importance of lifetime income when it passed legislation in 2019 and 2022 that made it easier for employers to include annuities in workplace retirement plans. With these enhanced state and federal consumer protections, millions of savers across the country can be confident that financial professionals must act in the consumer’s best interest when offering recommendations about annuities.

“We look forward to the remaining states implementing these sensible protections so that consumers everywhere can benefit from a best interest standard.”

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