SRC-LBB S.B. 681 78(R)BILL ANALYSIS


Senate Research CenterS.B. 681
By: Averitt
State Affairs
7/8/2003
Enrolled


DIGEST AND PURPOSE 

Currently, the law establishes the minimum non-forfeiture amount for
individual deferred annuities at three percent per annum.  The
non-forfeiture provision of an annuity contract provides for a minimum
benefit in either a lump sum or installments when the annuity contract
comes due.  The minimum rate of interest is one of the factors considered
in determining the minimum values that an insurer must meet.  However,
with the decline in interest rates insurers are unable to find an adequate
spread between minimum non-forfeiture interest rates and market rates.
This could create a situation where certain annuities become unavailable
in the future.  S.B. 681 provides that the minimum non-forfeiture interest
rate is the lesser of three percent or a rate tied to an index. 

RULEMAKING AUTHORITY

Rulemaking authority is expressly granted to the commissioner of insurance
in SECTION 1 (Sections 1107.056 and 1107.108, Insurance Code) of this
bill. 

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Chapter 1107, Insurance Code, as effective June 1,
2003, as follows: 

Sec.  1107.001.  (c)  Creates this subsection to require companies to
issue and the Texas Department of Insurance (TDI) to review, annuity
contracts under certain sections by a certain date. 

(d)  Prohibits companies from issuing annuity contracts under Sections
1107.0511107.054 after August 31, 2005. 

Sec. 1107.003.  (c)  Requires a company that issues a certain annuity
contract to pay a cash surrender benefit.  Authorizes, rather than
requires, a company to reserve the right to defer payment of any cash
surrender benefit for a period not to exceed six months after demand. 

 Sec.  1107.004.  Makes a nonsubstantive change.

Sec.  1107.055.  INTEREST RATE.  Creates this section to require the
interest rate used in determining minimum nonforfeiture amounts to be an
annual rate of interest determined as the lesser of three percent per
annum or an alternate amount computed in a certain manner.  Requires
certain information to be specified in the contract if the interest rate
will be redetermined.     

Sec.  1107.056.  ADDITIONAL INTEREST RATE ADJUSTMENTS.  Creates this
section to authorize the commissioner of insurance (commissioner) to adopt
rules to provide for further adjustments to Section 107.055 for annuity
contracts that provide substantive participation in an equity index
benefit or other benefits as appropriate. 

Sec.  1107.057.  MINIMUM NONFORFEITURE AMOUNT.  Creates this section as
follows: 

 (a)  Requires the minimum values as specified in Sections 1107.006 and
1107.101-1107.105 of any paid-up annuity, cash surrender or death benefits
available under an annuity contract to be based upon minimum nonforfeiture
amounts as defined in this section. 

(b)  Requires the minimum nonforfeiture amount at any time at or prior to
the commencement of any annuity payments to be equal to an accumulation up
to such time at rates of interest as indicated in this subchapter of the
net considerations as defined by Subsection (c) paid prior to such time,
decreased by the sum of certain items.   

(c)  Requires the amount of net consideration for a contract year, for the
purposes of this section, to be an amount equal to 87.5 percent of the
gross considerations credited to the contract during that contract year. 

Sec.  1107.101.  New heading:  PRESENT VALUE OF NONFORFEITURE BENEFITS.
Makes a nonsubstantive change. 

Sec.  1107.108.  RULES.  Creates this section to authorize the
commissioner to adopt rules to implement the provisions of this chapter. 

SECTION 2.  Effective date:  upon passage or September 1, 2003.