Rule Summary and Fiscal Analysis (Part A)
Department of Insurance
Agency Name
Tina Chubb
Division Contact
50 W Town Street Suite 300 Columbus OH 43215-0000
(614) 728-1044 (614)
644-3742
3901-6-16
Rule Number
NEW
TYPE of rule filing
Rule Title/Tag Line Annuity nonforfeiture product standards.
RULE SUMMARY
1. Is the rule being filed consistent with the requirements of the RC 119.032 review? No
2. Are you proposing this rule as a result of recent legislation? No
3. Statute prescribing the procedure in accordance with the agency is required to adopt the rule: 119.03
4. Statute(s) authorizing agency to adopt the rule: 3901.041, 3901.21
5. Statute(s) the rule, as filed, amplifies or implements: 3915.073
6. State the reason(s) for proposing (i.e., why are you filing,) this rule:
The purpose of this rule is to amplify the provisions of section 3915.073 standard nonforfeiture law for individual deferred annuities of the revised code. It defines the maturity date used for the purpose of calculating nonforfeiture values for annuity contracts and conforms with the provisions of the Interstate Compact. This provision affords better accessibility to annuity principal and protects seniors from the disadvantages of long term annuity contracts after age 70. Additionally, it affords protection against an unsuitable product by limiting the nonforfeiture
provisions.
7. If the rule is an AMENDMENT, then summarize the changes and the content of the proposed rule; If the rule type is RESCISSION, NEW or NO CHANGE, then summarize the content of the rule:
The rule implements language that clarifies the calculation of the prospective test for annuity nonforeiture. It requires that the maturity date be the later of the tenth contract anniversary or the contract anniversary following the annuitant's seventieth birthday. This provision is commonly referred to as the "70/10" rule.
8. If the rule incorporates a text or other material by reference and the agency claims the incorporation by reference is exempt from compliance with sections
121.71 to 121.74 of the Revised Code because the text or other material is generally available to persons who reasonably can be expected to be affected by the rule, provide an explanation of how the text or other material is generally available to those persons:
This response left blank because filer specified online that the rule does not incorporate a text or other material by reference.
9. If the rule incorporates a text or other material by reference, and it was infeasible for the agency to file the text or other material electronically, provide an explanation of why filing the text or other material electronically was infeasible:
This response left blank because filer specified online that the rule does not incorporate a text or other material by reference.
10. If the rule is being rescinded and incorporates a text or other material by reference, and it was infeasible for the agency to file the text or other material, provide an explanation of why filing the text or other material was infeasible:
Not Applicable.
11. If revising or refiling this rule, identify changes made from the previously filed version of this rule; if none, please state so. If applicable, indicate each specific paragraph of the rule that has been modified:
Correction to questions four on the RSFA (Statute(s) authorizing agency to adopt the rule). Changed 3901.41 to 3901.041.
12. 119.032 Rule Review Date:
(If the rule is not exempt and you answered NO to question No. 1, provide the scheduled review date. If you answered YES to No. 1, the review date for this rule is the filing date.)
NOTE: If the rule is not exempt at the time of final filing, two dates are required: the current review date plus a date not to exceed 5 years from the effective date for Amended rules or a date not to exceed 5 years from the review date for No Change rules.
FISCAL ANALYSIS
13. Estimate the total amount by which this proposed rule would increase / decrease either revenues / expenditures for the agency during the current biennium (in dollars): Explain the net impact of the proposed changes to the budget of your agency/department.
This will have no impact on revenues or expenditures. 0.00
Not Applicable.
14. Identify the appropriation (by line item etc.) that authorizes each expenditure necessitated by the proposed rule:
Not Applicable.
15. Provide a summary of the estimated cost of compliance with the rule to all directly affected persons. When appropriate, please include the source for your information/estimated costs, e.g. industry, CFR, internal/agency:
Not Applicable.
16. Does this rule have a fiscal effect on school districts, counties, townships, or municipal corporations? No
17. Does this rule deal with environmental protection or contain a component dealing with environmental protection as defined in R. C. 121.39? No
S.B. 2 (129th General Assembly) Questions
18. Has this rule been filed with the Common Sense Initiative Office pursuant to
R.C. 121.82? Yes
19. Specific to this rule, answer the following:
A.) Does this rule require a license, permit, or any other prior authorization to engage in or operate a line of business? No
B.) Does this rule impose a criminal penalty, a civil penalty, or another sanction, or create a cause of action, for failure to comply with its terms? No
C.) Does this rule require specific expenditures or the report of information as a condition of compliance? No
Document Information
- File Date:
- 2012-04-30
- CSI:
- Yes
- Rule File:
- 3901-6-16_PH_RV_N_RU_20120430_1102.pdf
- RSFA File:
- 3901-6-16_PH_RV_N_RS_20120430_1102.pdf
- Related Chapter/Rule NO.: (1)
- Ill. Adm. Code 3901-6-16. Annuity nonforfeiture product standards