Illinis Insurance Facts Illinis Department f Insurance January 2010 Annuities and Senir Citizens Nte: This infrmatin was develped t prvide cnsumers with general infrmatin and guidance abut insurance cverages and laws. It is nt intended t prvide a frmal, definitive descriptin r interpretatin f Department plicy. Fr specific Department plicy n any issue, regulated entities (insurance industry) and interested parties shuld cntact the Department. The Department receives numerus cmplaints regarding annuity plicies, particularly plicies sld t senir citizens. Annuity sales t senir citizens have significantly increased in recent years. Hwever, as annuity sales have risen, s has the sense f cnfusin amng cnsumers. It is extremely imprtant, when cnsidering whether r nt t buy an annuity, t take the necessary precautins in rder t make an infrmed decisin that is best fr yu. What is an Annuity? An annuity is a cntract in which an insurance cmpany makes a series f incme payments at regular intervals in return fr a premium r premiums yu have paid. Annuities are mst ften bught fr future retirement incme, and can pay an incme that can be guaranteed t last as lng as yu live. What are the Different Kinds f Annuities? There are several types f annuities, all f which carry varying levels f risk and guarantees. T get the mst ut f an annuity, it is imperative that yu knw the different ptins available t yu, as well as the benefits each type prvides. Single Premium Annuity: An annuity in which yu pay the insurance cmpany nly ne premium payment. Multiple Premium Annuity: An annuity in which yu pay the insurance cmpany multiple premium payments. Immediate Annuity: An annuity in which yu begin t receive incme payments n later than ne year after yu pay the premium. Deferred Annuity: An annuity in which yu begin t receive incme payments many years later. Fixed Annuity: An annuity in which yur mney, less any applicable charges, earns interest at rates set by the insurance cmpany r in a way specified in the annuity cntract. Variable Annuity: An annuity in which the insurance cmpany invests yur mney, less any applicable charges, int a separate accunt based upn the risk yu want t take. The mney can be invested in stcks, bnds r ther investments. If the fund des nt d well, yu may lse sme r all f yur investment. - 1 -
Equity-Indexed Annuity: A variatin f a fixed annuity in which the interest rate is based n an utside index, such as a stck market index. The annuity pays a base return, but it may be higher if the index increases. Is an Annuity Right fr Yu? T find ut if an annuity is right fr yu, think abut what yur financial gals are fr the future. Analyze the amunt f mney yu are willing t invest in an annuity, as well as hw much f a mnetary risk yu are willing t take. Yu shuldn t buy an annuity t reach shrt-term financial gals. When determining whether an annuity wuld benefit yu, ask yurself the fllwing questins: Hw much retirement incme will I need in additin t what I will get frm Scial Security and my pensin plan? Will I need supplementary incme fr thers in additin t myself? Hw lng d I plan n leaving mney in the annuity? When d I plan n needing incme payments? Will the annuity allw me t gain access t the mney when I need it? D I want a fixed annuity with a guaranteed interest rate and little r n risk f lsing the principal? D I want a variable annuity with the ptential fr higher earnings that aren t guaranteed and the pssibility that I may risk lsing principal? Or, am I smewhere in between and willing t take sme risks with an equity-indexed annuity? If yu are already retired, an annuity is prbably nt a gd ptin if yu intend t use it t supplement yur retirement incme because it can take many years fr the cntract t becme prfitable. If yu d nt have any ther investments r savings accunts, an annuity is prbably nt a gd place t start. It is generally a gd idea fr investrs t have at least sme investments that can be quickly cnverted t cash in case f an emergency r sudden need. Yu may have t pay a substantial surrender charge which can be as high as 25 percent if yu withdraw yur mney within a certain number f years f purchasing an annuity. Questins Yu Shuld Ask yur Agent r the Cmpany General Annuity Questins What is the guaranteed minimum interest rate? What charges, if any, are deducted frm my premium & when? What charges, if any, are deducted frm my cntract value & when? What are the surrender charges r penalties if I want t end my cntract early and take ut all f my mney? - 2 -
Hw many years will surrender charges apply? Can I get a partial withdrawal withut paying charges r lsing interest? Des my cntract have vesting? Des my annuity waive withdrawal charges if I am cnfined t a nursing hme r diagnsed with a terminal illness? What annuity incme payment ptins d I have and when? What is the death benefit? What are the risks that my annuity/earned interest culd decline in value? Is interest cmpunded during the term f the plicy? What is the agent s cmmissin n this prduct? Additinal Questins t Ask fr Equity-Indexed Annuities What is the participatin rate? Fr hw lng is the participatin rate guaranteed? Is there a minimum participatin rate? Des my cntract have a cap? Is averaging used? Hw des it wrk? Is there a margin, spread, r administrative fee? Is that in additin t r instead f a participatin rate? Which indexing methd is used in my cntract? What is the minimum interest the cntract can earn? What is the maximum (cap) interest the cntract can earn? Understand the Prduct Yu are Buying Always review the cntract befre yu decide t buy an annuity. Terms and cnditins f each annuity cntract will vary. Yu shuld understand the lng-term nature f yur purchase. Be sure yu plan t keep an annuity lng enugh s the charges dn t take t much f the mney yu invest. - 3 -
Cmpare infrmatin fr similar cntracts frm several cmpanies. Cmparing prducts may help yu make a better decisin. Ask yur agent and/r the cmpany fr an explanatin f anything yu dn t understand. D this befre any free lk perid ends. The free lk perid gives yu a set number f days t review the plicy after yu buy it. If yu are nt satisfied fr any reasn, yu may return the cntract and get yur mney back. Verify that the cmpany and agent are licensed. In rder t sell insurance in yur state, cmpanies and agents must be licensed. T cnfirm the credibility f a cmpany r agent, cntact the Department f Insurance. We can als prvide yu with the cmpany s AM Best rating. Suitability The Department rutinely receives cnsumer cmplaints questining the suitability f an annuity sale t a senir citizen. Many times these cmplaints are frm the children f the senir citizen, but smetimes they riginate directly frm the senir citizen wh purchased the plicy. Prir t January 1, 2008, Illinis did nt have suitability laws r regulatins. Effective January 1, 2008, suitability regulatins were implemented fr these prducts. Thse regulatins, 50 IAC 909 and 50 IAC 3120, require the insurance prducer and insurance cmpany t cmply with the Natinal Assciatin f Securities Dealers Cnduct Rules. Thse rules require an insurance prducer r insurance cmpany, when selling an annuity insurance plicy, t make reasnable effrts t btain infrmatin cncerning: the custmer s financial status; the custmer s tax status; the custmer s investment bjectives; and such ther infrmatin used r cnsidered t be reasnable by the insurance prducer r insurance cmpany in making recmmendatins t the custmer. The regulatins d nt set specific suitability criteria which must be met prir t selling a variable life plicy r an annuity insurance plicy t an individual. Fr example, the regulatins d nt prhibit the selling f a prduct t an individual wh has attained a certain age r whse assets d nt meet a certain threshld. If Yu Have Questins r Wish t File a Cmplaint: Write r call us at: Illinis Department f Insurance 320 West Washingtn Street Springfield, Illinis 62767-0001 (866) 445-5364 http://www.insurance.illinis.gv/ Cmplaints must be submitted in writing. - 4 -
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