Montana Legislation Amends Annuity Laws
What is the purpose of legislation amending or creating laws referring to annuity plans? At the state level equity index annuities are protected and regulated. Non profit guaranteed companies are in charge of the regulations and if an insurance company fails, then guarantee associations pay claims up until the state’s statutory limits. The average amount of annuity protection by a guarantee association is $250,000. So, what is the purpose of legislation amending or creating laws referring to annuity plans; it is to protect the insured and the finances.
In simple terms, annuity plans are a long-term contract between the insured and an insurance company that allows you to accumulate a certain amount of money on a tax deferred basis and later be paid in the form of guaranteed income. In other words inequity index annuity plans are a financial tool that pays a fixed stream of payments to an individual and is used primarily as an income stream for those who are retired. Not everyone can afford to put away enough money to retire comfortably with just a Roth IRA or 401K, that is where an annuity product becomes necessary.
Section 1 of the 2021 Montana Legislature, states that the purpose of the amendment is to insure that the producers are required to act in the best interest of the consumer when they are making recommendations of any annuity and requires that the producer also establish and maintain a system to supervise recommendations so that the insurance needs and financial objectives of the consumers are effectively addressed.
Section 2 of the Montana Legislature goes over the exemptions from the new amendments, but does not apply to recommendations involving unless specifically included in the legislature.
Section 3 goes over definitions of importance such as, defining select words or phrases and ensuring that anyone who reads the legislation would properly understand what is expected from the new amendments. As well as defining, this section describes information for a “consumer profile information” that would be considered appropriate for determining recommendations that address a consumer’s financial situation..
Section 4 amended subsections 33-20-805 to read, “Duties of insurers and producers– best interest obligations.” and so one to ensure there was a much better understanding of the law. Section 4 has the most amendments and is worth going over.
Section 5 also amends 33-20-806, MCA to read, “Compliance mitigation–penalties–enforcement.” Section 5 goes over these three aspects of the amendments. This is to ensure that insurers/producers are held accountable for any actions or inactions that cause violations of the laws.
Section 6 covers 33-20-807 and focuses on producer training. This section of the amendment goes over what a producer can legally do and not do, such as suggest a product they do not adequately understand.
The reasons amendments to laws are so important in general is because as time goes on things change, such as amendments to the constitution that has protected children. Legal marriage age has gone up and other abuse laws within just the past 55 years have made strides in protecting children and minors, thanks to amendments. Without amendments to country and state laws, many laws would be outdated and nearly impossible to enforce. The amendments to the 2021 Montana Legislature were needed and just in order to protect those who have interest in annuity plans and quotes. An equity index annuity can be an amazing retirement income supplement and helps many people around the USA and these amendments just ensure that equity index annuities will be able to continue helping millions of people.
