Section 3120.10  Purpose

 

a)         The purpose of this Part is to require insurance producers to act in the best interest of the consumer when making a recommendation of an annuity and to require insurers to establish and maintain a system to supervise recommendations so that the insurance needs and financial objectives of consumers at the time of the transaction are effectively addressed.

 

b)         Nothing in this Part shall be construed to create or imply a private cause of action for a violation of this Part or to subject an insurance producer to civil liability under the best interest standard of care outlined in Section 3120.50 or under standards governing the conduct of a fiduciary or a fiduciary relationship.

 

(Source:  Amended at 47 Ill. Reg. 2312, effective February 3, 2023)

 

Section 3120.20  Scope

 

This Part shall apply to any sale or recommendation of an annuity.

 

(Source:  Amended at 47 Ill. Reg. 2312, effective February 3, 2023)

 

Section 3120.30  Exemptions

 

Unless otherwise specifically included, this Part shall not apply to transactions involving:

 

a)         Direct response solicitations where there is no recommendation based on information collected from the consumer pursuant to this Part;

 

b)         Contracts used to fund:

 

1)         An employee pension or welfare benefit plan that is covered by the Employee Retirement and Income Security Act (ERISA);

 

2)         A plan described by sections 401(a), 401(k), 403(b), 408(k) or 408(p) of the Internal Revenue Code (IRC) (26 USCS 401 et seq.), as amended, if established or maintained by an employer;

 

3)         A government or church plan defined in section 414 of the IRC, a government or church welfare benefit plan, or a deferred compensation plan of a state or local government or tax exempt organization under section 457 of the IRC; or

 

4)         A nonqualified deferred compensation arrangement established or maintained by an employer or plan sponsor;

 

c)         Settlements of or assumptions of liabilities associated with personal injury litigation or any dispute or claim resolution process; or

 

d)         Formal prepaid funeral contracts.

 

(Source:  Amended at 47 Ill. Reg. 2312, effective February 3, 2023)

 

Section 3120.40  Definitions

 

"Annuity" means an insurance product under Illinois law that is sold by insurance companies in which the insurer provides for either a single income payment or a series of income payments at regular intervals in exchange for a single premium (contribution) or multiple premiums (contributions) paid by the annuitant.

 

"Cash compensation" means any discount, concession, fee, service fee, commission, sales charge, loan, override, or cash benefit received by an insurance producer directly from the consumer or in connection with the recommendation or sale of an annuity from an insurer or intermediary.

 

"Code" means the Illinois Insurance Code [215 ILCS 5].

 

"Consumer Profile Information" means information that is reasonably appropriate to determine whether a recommendation addresses the consumer’s financial situation, insurance needs, and financial objectives, including, at a minimum, the following:

 

Age;

 

Annual income;

 

Financial situation and needs, including debts and other obligations;

 

Financial experience;

 

Insurance needs;

 

Financial objectives;

 

Intended use of the annuity;

 

Financial time horizon;

 

Existing assets or financial products, including investment, annuity, and life insurance holdings;

 

Liquidity needs;

 

Liquid net worth;

 

Risk tolerance, including but not limited to willingness to accept non-guaranteed elements in the annuity;

 

Financial resources used to fund the annuity; and

 

Tax status.

 

"Continuing education credit" or "CE credit" means one continuing education credit as defined in 50 Ill. Adm. Code 3119.

 

"Continuing Education Provider" or "CE Provider" means an individual or entity that is approved to offer continuing education courses pursuant to 50 Ill. Adm. Code 3119.

 

"Department" means the Illinois Department of Insurance.

 

"Director" means the Director of the Illinois Department of Insurance.

 

"FINRA" means the Financial Industry Regulatory Authority or a succeeding agency.

 

"General Agency" means an insurance agency that provides supervision on behalf of an insurer's sales force in a particular geographic region.

 

"Independent Agency" means an insurance agency comprised of independent contractors who sell insurance with one or more insurers.

 

"Insurance Producer" means a person or entity required to be licensed under the laws of this State to sell, solicit, or negotiate insurance, including annuities.  For purposes of this Part, "Insurance Producer" includes an insurer where no person or entity is involved.

 

"Insurer" means an entity required to be licensed under the laws of this State to provide insurance products, including annuities.

 

"Intermediary" means an entity contracted directly with an insurer or with another entity contracted with an insurer to facilitate the sale of the insurer’s annuities by insurance producers.

 

"Material conflict of interest" means a financial interest of the insurance producer in the sale of an annuity that a reasonable person would expect to influence the impartiality of a recommendation.  "Material conflict of interest" does not include cash compensation or non-cash compensation.

 

"Non-cash compensation" means any form of compensation that is not cash compensation, including, but not limited to, health insurance, office rent, office support, and retirement benefits.

 

"Non-guaranteed elements" means the premiums, credited interest rates (including any bonus), benefits, values, dividends, non-interest-based credits, charges, or elements of formulas used to determine any of these elements, that are subject to insurance company discretion and are not guaranteed at issue.  An element is considered non-guaranteed if any of the underlying non-guaranteed elements are used in its calculation.

 

"Recommendation" means advice provided by an insurance producer, or an insurer when no insurance producer is involved, to an individual consumer that was intended to result or does result in a purchase, exchange, or replacement of an annuity in accordance with that advice.  "Recommendation" does not include general communication to the public, generalized customer services assistance or administrative support, general educational information and tools, prospectuses, or other product and sales material.

 

"Replacement" means any transaction in which a new annuity will be purchased, and it is known or should be known to the proposing insurance producer, or to the proposing insurer if there is no insurance producer involved, that because of the transaction an existing annuity or other insurance policy has been or is to be any of the following:

 

Lapsed, forfeited, surrendered or partially surrendered, assigned to the replacing insurer, or otherwise terminated;

 

Converted to reduced paid-up insurance, continued as extended term insurance, or otherwise reduced in value by the use of nonforfeiture benefits or other policy values;

 

Amended to effect either a reduction in benefits or in the term for which coverage would otherwise remain in force or for which benefits would be paid;

 

Reissued with any reduction in cash value; or

 

Pledged as collateral or subjected to borrowing, whether in a single loan or under a schedule of borrowing over a period of time for amounts in the aggregate exceeding 25% of the loan value set forth in the policy.

 

"Replacing Insurer" means the insurance company that issues a new annuity which is a replacement of an existing policy or contract.

 

"SEC" means the United States Securities and Exchange Commission.

 

(Source:  Amended at 47 Ill. Reg. 2312, effective February 3, 2023)

 

Section 3120.50  Duties of Insurers and Insurance Producers

 

a)         Best Interest Obligations.  An insurance producer, when making a recommendation of an annuity, shall act in the best interest of the consumer under the circumstances known at the time the recommendation is made without placing the insurance producer’s or the insurer’s financial interest ahead of the consumer’s interest. An insurance producer has acted in the best interest of the consumer if the insurance producer has satisfied the following obligations regarding care, disclosure, conflict of interest, and documentation:

 

1)         Care obligation

 

A)        The insurance producer, in making a recommendation, shall exercise reasonable diligence, care, and skill to:

 

i)          Know the consumer’s financial situation, insurance needs and financial objectives;

 

ii)         Understand the available recommendation options after making a reasonable inquiry into options available to the insurance producer;

 

iii)        Have a reasonable basis to believe the recommended option effectively addresses the consumer’s financial situation, insurance needs, and financial objectives over the life of the product, as evaluated in light of the consumer profile information; and

 

iv)        Communicate to the consumer the basis or bases of the recommendation.

 

B)        The requirements under subsection (a)(1)(A) include making reasonable efforts to obtain consumer profile information from the consumer before recommending an annuity.

 

C)        The requirements under subsection (a)(1)(A) require an insurance producer to consider the types of products the insurance producer is authorized and licensed to recommend or sell that address the consumer’s financial situation, insurance needs, and financial objectives. This does not require analysis or consideration of any products outside the authority and license of the insurance producer or other possible alternative products or strategies available in the market at the time of the recommendation.  An insurance producer shall not be held to standards other than those that apply to the individual professional licenses held by the insurance producer.

 

D)        The requirements under this subsection (a) do not create a fiduciary obligation or relationship and only create a regulatory obligation as established in this Part.

 

E)        The consumer profile information, characteristics of the insurer, and product costs, rates, benefits, and features are those factors generally relevant in determining whether an annuity effectively addresses the consumer’s financial situation, insurance needs, and financial objectives, but the level of importance of each factor under the care obligation of this subsection (a)(1) may vary depending on the facts and circumstances of a particular case.  However, each factor may not be considered in isolation.

 

F)         The requirements under subsection (a)(1)(A) include having a reasonable basis to believe the consumer would benefit from certain features of the annuity, such as annuitization, death or living benefit, or other insurance-related features.

 

G)        The requirements under subsection (a)(1)(A) apply to the particular annuity as a whole and the underlying subaccounts to which funds are allocated at the time of purchase or exchange of     an annuity, and riders and similar product enhancements, if any.

 

H)        The requirements under subsection (a)(1)(A) do not mean the annuity with the lowest one-time or multiple occurrence compensation structure must necessarily be recommended.

 

I)         The requirements under subsection (a)(1)(A) do not mean the insurance producer has ongoing monitoring obligations under the care obligation under this subsection (a)(1), although such an obligation may be separately owed under the terms of a fiduciary, consulting, investment advising or financial planning agreement between the consumer and the insurance producer.

 

J)         In the case of an exchange or replacement of an annuity, the insurance producer shall consider the whole transaction, which includes taking into consideration whether:

 

i)          The consumer will incur a surrender charge, be subject to the commencement of a new surrender period, lose existing benefits, such as death, living, or other contractual benefits, or be subject to increased fees, investment advisory fees, or charges for riders and similar product enhancements;

 

ii)         The replacing product would substantially benefit the consumer in comparison to the replaced product over the life of the product; and

 

iii)        The consumer had another annuity exchange or replacement and, in particular, an exchange or replacement within the preceding 60 months.

 

K)        Nothing in this Part should be construed to require an insurance producer to obtain any license other than an insurance producer license that authorizes the sale, solicitation, or negotiation of insurance in Illinois, including but not limited to any securities license, in order to fulfill the duties and obligations contained in this Part, provided the insurance producer does not give advice or provide services that are otherwise subject to securities laws or engage in any other activity requiring other professional licenses.

 

2)         Disclosure Obligation

 

A)        Before recommending or selling an annuity, the insurance producer shall prominently disclose to the consumer on a form substantially similar to the form that appears in Appendix A:

 

i)          A description of the scope and terms of the relationship with the consumer and the role of the insurance producer in the transaction;

 

ii)         An affirmative statement on whether the insurance producer is licensed and authorized to sell the following products:

 

·          Fixed annuities;

 

·          Fixed indexed annuities;

 

·          Variable annuities;

 

·          Life insurance;

 

·          Mutual funds;

 

·          Stocks and bonds; and

 

·          Certificates of deposit

 

iii)        An affirmative statement describing the insurers for which the insurance producer is authorized, contracted (or appointed), or otherwise able to sell insurance products, using the following descriptions:

 

·          From one insurer;

 

·          From two or more insurers; or

 

·          From two or more insurers although primarily contracted with one insurer.

 

iv)        A description of the sources and types of cash compensation and non-cash compensation to be received by the insurance producer, including whether the insurance producer is to be compensated for the sale of a recommended annuity by commission as part of a premium or other remuneration received from the insurer, intermediary or other insurance producer or by fee as a result of a contract for advice or consulting services; and

 

v)         A notice of the consumer’s right to request additional information regarding cash compensation described in subsection (a)(2)(B);

 

B)        Upon request of the consumer or the consumer’s designated representative, the insurance producer shall disclose:

 

i)          A reasonable estimate of the amount of cash compensation to be received by the insurance producer, which may be stated as a range of amounts or percentages; and

 

ii)         Whether the cash compensation is a one-time or multiple occurrence amount, and if a multiple occurrence amount, the frequency and amount of the occurrence, which may be stated as a range of amounts or percentages; and

 

C)        Before or at the time of the recommendation or sale of an annuity, the insurance producer shall have a reasonable basis to believe the consumer has been informed of various features of the annuity, such as the potential surrender period and surrender charge, potential tax penalty if the consumer sells, exchanges, surrenders or annuitizes the annuity, mortality and expense fees, investment advisory fees, any annual fees, potential charges for and features of riders or other options of the annuity, limitations on interest returns, potential changes in non-guaranteed elements of the annuity, insurance and investment components and market risk.

 

3)         Conflict of Interest Obligation.  An insurance producer shall identify and avoid or reasonably manage and disclose to the consumer material conflicts of interest, including material conflicts of interest related to an ownership interest.

 

4)         Documentation Obligation.  An insurance producer shall at the time of recommendation or sale:

 

A)        Make a written record of any recommendation and the basis for the recommendation subject to this Part;

 

B)        Obtain a consumer-signed statement on a form substantially similar to Appendix B documenting:

 

i)          A customer’s refusal to provide the consumer profile information, if any;

 

ii)         A customer’s understanding of the ramifications of not providing consumer profile information or providing insufficient consumer profile information; and

 

C)        Obtain a consumer-signed statement on a form substantially similar to Appendix C acknowledging the annuity transaction is not recommended if a customer decides to enter into an annuity transaction that is not based on the insurance producer’s recommendation.

 

5)         Application of Best Interest Obligation.  Any requirement applicable to an insurance producer under this subsection (a) shall apply to every insurance producer who has exercised material control or influence in the making of a recommendation and has received direct compensation as a result of the recommendation or sale, regardless of whether the insurance producer had any direct contact with the consumer. Activities such as providing or delivering marketing or educational materials, product wholesaling or other back-office product support, and general supervision of an insurance producer do not, in and of themselves, constitute material control or influence.

 

b)         Transactions Not Based on a Recommendation

 

1)         Except as provided under subsection (b)(2), an insurance producer shall have no obligation to a consumer under subsection (a)(1) related to any annuity transaction if:

 

A)        No recommendation is made;

 

B)        A recommendation was made and was later found to have been prepared based on materially inaccurate information provided by the consumer;

 

C)        A consumer refused to provide relevant consumer profile information and the annuity transaction is not recommended; or

 

D)        A consumer decides to enter into an annuity transaction that is not based on a recommendation of the insurance producer.

 

2)         An insurer’s issuance of an annuity subject to subsection (b)(1) shall be reasonable under all the circumstances actually known to the insurer at the time the annuity is issued.

 

c)         Supervision System

 

1)         Except as permitted under subsection (b), an insurer may not issue an annuity recommended to a consumer unless there is a reasonable basis to believe the annuity would effectively address the particular consumer’s financial situation, insurance needs, and financial objectives based on the consumer’s consumer profile information.

 

2)         An insurer shall establish and maintain a supervision system that is reasonably designed to achieve the insurer's and its insurance producers' compliance with this Part, including, but not limited to, the following:

 

A)        The insurer shall establish and maintain reasonable procedures to inform its insurance producers of the requirements of this Part and shall incorporate the requirements of this Part into relevant insurance producer training manuals;

 

B)        The insurer shall establish and maintain standards for insurance producer product training and shall establish and maintain reasonable procedures to require its insurance producers to comply with the requirements of Section 3120.60;  

 

C)        The insurer shall provide product-specific training and training materials that explain all material features of its annuity products to its insurance producers;

 

D)        The insurer shall establish and maintain procedures for the review of each recommendation prior to issuance of an annuity that ensure there is a reasonable basis to determine that the recommended annuity would effectively address the particular consumer’s financial situation, insurance needs, and financial objectives.  The review procedures may apply a screening system to identify selected transactions for additional review and may be accomplished electronically or through other means, including, but not limited to, physical review.  Such a system may be designed to require additional review only of those transactions identified for additional review by the selection criteria;

 

E)        The insurer shall maintain reasonable procedures to detect recommendations that are not in compliance with subsections (a), (b), (d), and (e).  This may include, but is not limited to, confirmation of the consumer’s profile information, systematic customer surveys, insurance producer and consumer interviews, confirmation letters, insurance producer statements or attestations, and programs of internal monitoring.  Nothing in this subsection (c)(2)(E) prevents an insurer from complying with this subsection by applying sampling procedures, or by confirming the consumer profile information or other required information under this Section after issuance or delivery of the annuity;

 

F)         The insurer shall establish and maintain reasonable procedures to assess, prior to or upon the issuance or delivery of an annuity, whether an insurance producer has provided to the consumer the information required to be provided under this Section;

 

G)        The insurer shall establish and maintain reasonable procedures to identify and address suspicious consumer refusals to provide consumer profile information;

 

H)        The insurer shall establish and maintain reasonable procedures to identify and eliminate any sales contests, sales quotas, bonuses, and non-cash compensation that are based on the sales of specific annuities within a limited period of time.  The requirements of this subsection (c)(2)(H) are not intended to prohibit the receipt of health insurance, office rent, office support, retirement benefits, or other employee benefits by employees as long as those benefits are not based upon the volume of sales of a specific annuity within a limited period of time; and

 

I)         The insurer shall annually provide a written report to senior management, including the senior manager responsible for audit functions, that details a review, with appropriate testing, reasonably designed to determine the effectiveness of the supervision system, the exceptions found, and corrective action taken or recommended, if any.

 

3)         Nothing in this subsection (c) restricts an insurer from contracting for the performance of a function (including maintenance of procedures) required under this subsection.  An insurer is responsible for taking appropriate corrective action and may be subject to sanctions and penalties pursuant to Section 3120.90 regardless of whether the insurer contracts for the performance of a function and regardless of the insurer's compliance with subsection (c)(4).

 

4)         An insurer's supervision system under this subsection (c) shall include supervision of contractual performance under this subsection (c)(4).  This includes, but is not limited to, the following:

 

A)        Monitoring and, as appropriate, conducting audits to assure that the contracted function is properly performed; and

 

B)        Annually obtaining a certification from a senior manager who has responsibility for the contracted function that the manager has a reasonable basis to represent, and does represent, that the function is properly performed.

 

5)         An insurer is not required to include in its system of supervision:

 

A)        An insurance producer's recommendations to consumers of products other than the annuities offered by the insurer; or

 

B)        Consideration of or comparison to options available to the insurance producer or compensation relating to those options other than annuities or other products offered by the insurer.

 

d)         Prohibited Practices.  Neither an insurance producer nor an insurer shall dissuade, or attempt to dissuade, a consumer from:

 

1)         Truthfully responding to an insurer's request for confirmation of consumer profile information;

 

2)         Filing a complaint with the Department; or

 

3)         Cooperating with the investigation of a complaint.

 

e)         Safe Harbor

 

1)         Recommendations and sales made in compliance with comparable standards shall satisfy the requirements of this Part.  This subsection applies to all recommendations and sales of annuities made by financial professionals in compliance with business rules, controls, and procedures that satisfy a comparable standard even if that standard would not otherwise apply to the product or recommendation at issue.  However, nothing in this subsection limits the Director's ability to investigate and enforce the provisions of this Part.

 

2)         Nothing in subsection (e)(1) shall limit the insurer’s obligation to comply with Section 3120.50(c)(1), although the insurer may base its analysis on information received from either the financial professional or the entity supervising the financial professional.

 

3)         For subsection (e)(1) to apply, an insurer shall:

 

A)        Monitor the relevant conduct of the financial professional seeking to rely on subsection (e)(1) or the entity responsible for supervising the financial professional, such as the financial professional’s broker-dealer or an investment adviser registered under federal or State securities laws using information collected in the normal course of an insurer’s business; and

 

B)        Provide to the entity responsible for supervising the financial professional seeking to rely on subsection (e)(1), such as the financial professional’s broker-dealer or investment adviser registered under federal or State securities laws, information and reports that are reasonably appropriate to assist that entity in maintaining its supervision system.

 

4)         For purposes of this subsection (e), “financial professional” means an insurance producer that is regulated and acting as:

 

A)        A broker-dealer registered under federal or State securities laws or a registered representative of a broker-dealer;

 

B)        An investment adviser registered under federal or State securities laws or an investment adviser representative associated with the federal or state registered investment adviser; or

 

C)        A plan fiduciary under Section 3(21) of the Employee Retirement Income Security Act of 1974 (ERISA) (29 U.S.C. 1002(21)) or fiduciary under Section 4975(e)(3) of the Internal Revenue Code (IRC) (26 U.S.C. 4975(e)(3)) or any amendments or successor statutes.

 

5)         For purposes of this subsection (e), “comparable standards” means:

 

A)        With respect to broker-dealers and registered representatives of broker-dealers, applicable U.S. Securities and Exchange Commission (SEC) and Financial Industry Regulatory Authority (FINRA) rules pertaining to best interest obligations and supervision of annuity recommendations and sales, including, but not limited to, Regulation Best Interest (17 CFR 240 (2022; this incorporation does not include any later amendments or editions));

 

B)        With respect to investment advisers under federal or State securities laws or investment adviser representatives, the fiduciary duties and all other requirements imposed on such investment advisers or investment adviser representatives by applicable contract or under the Investment Advisers Act of 1940 (15 U.S.C. 80b-1 et seq.), including, but not limited to, the SEC's Form ADV (see https://www.sec.gov/about/forms/formadv.pdf); and

 

C)        With respect to plan fiduciaries or fiduciaries, means the duties, obligations, prohibitions, and all other requirements attendant to such status under ERISA or the IRC and any amendments or successor statutes.

 

(Source:  Amended at 47 Ill. Reg. 2312, effective February 3, 2023)

 

Section 3120.60  Insurance Producer Training

 

a)          An insurance producer shall not solicit the sale of an annuity product unless the insurance producer has adequate knowledge of the product to recommend the annuity and the insurance producer is in compliance with the insurer's standards for product training.  An insurance producer may rely on insurer-provided product-specific training standards and materials to comply with this subsection.

 

b)         Training Requirements

 

1)         An insurance producer who engages in the sale of annuity products shall complete a one-time four-hour credit training course approved by the Department and provided by a Department-approved education provider.

 

2)         Insurance producers who hold a life insurance line of authority after July 31, 2023 and who desire to sell annuities shall complete the requirements of this subsection (b) by February 1, 2024. Individuals who obtain a life insurance line of authority on or after February 1, 2024 may not engage in the sale of annuities until the annuity training course required under this subsection has been completed.

 

3)         The minimum length of the training required under this Section shall be sufficient to qualify for at least four CE credits, but may be longer.  When an annuity product offers any long-term care benefits as defined in 50 Ill. Adm. Code 2012.30, the insurance producer shall complete the training requirements in 50 Ill. Adm. Code 2012.121 prior to selling the annuity product.

 

4)         The training required under this Section shall include information on the following topics:

 

A)        The types of annuities and various classifications of annuities;

 

B)        Identification of the parties to an annuity;

 

C)        How product-specific annuity contract features affect consumers;

 

D)        The application of income taxation of qualified and non-qualified annuities;

 

E)        The primary uses of annuities; and

 

F)         Appropriate standard of conduct, sales practices, replacement, and disclosure requirements.

 

5)         Providers of courses intended to comply with this Section shall cover all topics listed in the prescribed outline and shall not present any marketing information or provide training on sales techniques or provide specific information about a particular insurer's products. Additional topics may be offered in conjunction with and in addition to the required outline.

 

6)         A provider of an annuity training course intended to comply with this subsection (b) shall register as a CE provider in this State and comply with the rules applicable to insurance producer continuing education in 50 Ill. Adm. Code 3119.30.

 

7)         An insurance producer who completed an annuity training course approved by the Department before August 1, 2023 shall, by February 1, 2024, complete either:

 

A)        A new four-credit training course approved by the Department that covers the required topics of subsection (b)(4); or

 

B)        An additional one-time one-credit training course approved by the Department and provided by a Department-approved education provider on appropriate sales practices, replacement, and disclosure requirements under this Part.

 

8)         Annuity training courses may be conducted and completed by classroom, webinar, or self-study methods in accordance with 50 Ill. Adm. Code 3119.30.

 

9)         Providers of annuity training shall comply with the reporting requirements and shall issue certificates of completion in accordance with 50 Ill. Adm. Code 3119.30.

 

10)       The satisfaction of the training requirements of another state that are substantially similar to the provisions of this subsection (b) shall be deemed to satisfy the training requirements of this subsection (b) in Illinois.

 

11)       The satisfaction of the components of the training requirements of any course or courses with components substantially similar to the provisions of this subsection (b) shall be deemed to satisfy the training requirements of this subsection (b) in Illinois.

 

12)       An insurer shall verify that an insurance producer has completed the annuity training course required under this subsection (b) before allowing the insurance producer to sell an annuity product for that insurer. An insurer may satisfy its responsibility under this subsection (b)(12) by obtaining certificates of completion of the training course or obtaining reports provided by database systems or vendors sponsored by the insurance commissioners of other states or from a reasonably reliable commercial database vendor that has a reporting arrangement with approved insurance education providers.

 

(Source:  Amended at 47 Ill. Reg. 2312, effective February 3, 2023)

 

Section 3120.70  Compliance Mitigations; Penalties

 

a)         An insurer is responsible for compliance with this Part.  If a violation occurs, either because of the action or inaction of the insurer or its insurance producer, the Director may order:

 

1)         An insurer to take reasonably appropriate corrective action for any consumer harmed by a failure to comply with this Part by the insurer, an entity contracted to perform the insurer’s supervisory duties or by the insurance producer;

 

2)         A general agency, an independent agency or the insurance producer to take reasonably appropriate corrective action for any consumer harmed by the insurance producer's violation; and

 

3)         Appropriate penalties and sanctions as set forth in Section 3120.90.

 

b)         Any applicable penalty for a violation of this Part may be reduced or eliminated at the sole discretion of the Director if corrective action for the consumer was taken promptly after a violation was discovered or the violation was not part of a pattern or practice.

 

(Source:  Amended at 47 Ill. Reg. 2312, effective February 3, 2023)

 

Section 3120.80  Recordkeeping

 

a)         Insurers, general agents, independent agencies, and insurance producers shall maintain and be able to make available to the Director records of the information collected from the consumer, disclosures made to the consumer, including summaries of oral disclosures, and other information used in making the recommendations that were the basis for insurance transactions for 7 years after the insurance transaction is completed by the insurer.  An insurer is permitted, but shall not be required, to maintain documentation on behalf of an insurance producer.

 

b)         Records required to be maintained by this Part may be maintained in paper, photographic, microprocess, magnetic, mechanical, or electronic media, or by any process that accurately reproduces the original document.

 

(Source:  Amended at 47 Ill. Reg. 2312, effective February 3, 2023)

 

Section 3120.90  Noncompliance

 

Violation of the requirements of this Part may be considered evidence of misrepresentation under Section 149 of the Illinois Insurance Code and/or a deceptive act or practice prohibited under Sections 423 and 424 of the Illinois Insurance Code.

 

(Source:  Renumbered from Section 3120.80 and amended at 35 Ill. Reg. 16087, effective September 26, 2011)

 

Section 3120.APPENDIX A   Insurance Producer Disclosure for Annuities

 

Do Not Sign Unless You Have Read and Understand the Information in this Form

 

Date:                                                              

 

INSURANCE PRODUCER INFORMATION (“Me”, “I”, “My”)

 

First Name:                                                                 Last Name:                                                     

 

Business\Agency Name:                                             Website:                                                         

 

Business Mailing Address:                                                                                                                

 

Business Telephone Number:                                                                                                            

 

Email Address:                                                                                                                                  

 

Insurance Producer Number in Illinois:                                                                                            

 

CUSTOMER INFORMATION (“You”, “Your”)

 

First Name:                                                                 Last Name:                                                     

 

What Types of Products Can I Sell You?

I am licensed to sell annuities to you in accordance with Illinois law. If I recommend that you buy an annuity, it means I believe that it effectively meets your financial situation, insurance needs, and financial objectives. Other financial products, such as life insurance or stocks, bonds, and mutual funds, also may meet your needs.

 

I offer the following products:

 

          Fixed or Fixed Index Annuities

          Variable Annuities

          Life Insurance

 

I need a separate license to provide advice about or to sell non-insurance financial products. I have checked below any non- insurance financial products that I am licensed and authorized to provide advice about or to sell.

 

          Mutual Funds

          Stocks/Bonds

          Certificates of Deposit

 

Whose Annuities Can I Sell to You?

 

I am authorized to sell:

 

          Annuities from Only One Insurer

          Annuities from Two or More Insurers

          Annuities from Two or More Insurers although I primarily sell annuities from:                                                                                                                                           .

 

How I’m Paid for My Work:

 

It’s important for you to understand how I’m paid for my work. Depending on the particular annuity you purchase, I may be paid a commission or a fee. Commissions are generally paid to me by the insurance company while fees are generally paid to me by the consumer. If you have questions about how I’m paid, please ask me.

 

Depending on the particular annuity you buy, I will or may be paid cash compensation as follows:

 

          Commission, which is usually paid by the insurance company or other sources. If other sources, describe:                                                                                .

 

          Fees (such as a fixed amount, an hourly rate, or a percentage of your payment), which are usually paid directly by the customer.

 

          Other (Describe):                                                                                            .

 

If you have questions about the above compensation I will be paid for this transaction, please ask me.

 

I may also receive other indirect compensation resulting from this transaction (sometimes called “non-cash” compensation), such as health or retirement benefits, office rent and support, or other incentives from the insurance company or other sources.

 

By signing below, you acknowledge that you have read and understand the information provided to you in this document.

 

                                                                       

Customer Signature

 

                                                                       

Date

 

                                                                       

Insurance Producer Signature

 

                                                                       

Date

 

(Source:  Added at 47 Ill. Reg. 2312, effective February 3, 2023)

 

 

Section 3120.APPENDIX B   Consumer Refusal to Provide Information

 

Do Not Sign Unless You Have Read and Understand the Information in this Form

 

Why are you being given this form?  You’re buying a financial product – an annuity.

 

To recommend a product that effectively meets your needs, objectives, and situation, the insurance producer, broker, or company needs information about you, your financial situation, insurance needs, and financial objectives.

 

If you sign this form, it means you have not given the insurance producer, broker, or company some or all the information needed to decide if the annuity effectively meets your needs, objectives, and situation. You may lose protections under the Illinois Insurance Code if you sign this form or provide inaccurate information.

 

Statement of Purchaser:

 

          I REFUSE to provide this information at this time.

          I have chosen to provide LIMITED information at this time.

 

                                                                       

Customer Signature

 

                                                                       

Date

 

(Source:  Added at 47 Ill. Reg. 2312, effective February 3, 2023)

 

 

Section 3120.APPENDIX C   Consumer Decision to Purchase an Annuity Not Based on a Recommendation

 

Do Not Sign This Form Unless You Have Read and Understand It.

 

Why are you being given this form?  You are buying a financial product – an annuity.

 

To recommend a product that effectively meets your needs, objectives, and situation, the insurance producer, broker or company has the responsibility to learn about you, your financial situation, insurance needs, and financial objectives.

 

If you sign this form, it means you know that you’re buying an annuity that was not recommended.

 

Statement of Purchaser:

 

I understand that I am buying an annuity, but the insurance producer, broker, or company did not recommend that I buy it. If I buy it without a recommendation, I understand I may lose protections under the Illinois Insurance Code.

 

                                                                       

Customer Signature

 

                                                                       

Date

 

                                                                       

Insurance Producer Signature

 

                                                                       

Date

 

(Source:  Added at 47 Ill. Reg. 2312, effective February 3, 2023)