II 111th CONGRESS 1st Session S. 1389 IN THE SENATE OF THE UNITED STATES June 25, 2009 Mr. Nelson of Nebraska (for himself, Mr. Chambliss, Mr. Harkin, and Mr. Brownback) introduced the following bill; which was read twice and referred to the Committee on Banking, Housing, and Urban Affairs A BILL To clarify the exemption for certain annuity contracts and insurance policies from Federal regulation under the Securities Act of 1933.

1.

Short title

This Act may be cited as the Fixed Indexed Annuities and Insurance Products Classification Act of 2009.

2.

Findings and purpose

(a)

Findings

Congress makes the following findings: (1)Primary jurisdiction for regulating life insurance and annuities is vested with the States and Territories of the United States and the District of Columbia. (2)Indexed insurance and annuity products offered by insurance companies are subject to a wide array of laws and regulations enforced by States and applicable jurisdictions, including nonforfeiture requirements that provide for minimum guaranteed values, thereby protecting consumers against market related losses. (3)Adoption of Rule 151A by the Securities and Exchange Commission, entitled Indexed Annuities and Certain Other Insurance Products, 74 Fed. Reg. 3138 (January 16, 2009), interferes with State insurance regulation, harms the insurance industry, reduces competition, restricts consumer choice, creates unnecessary and excessive regulatory burdens, and diverts Commission resources, all of which outweighs any perceived benefits. (b)

Purpose

The purpose of this Act is to nullify rule 151A and clarify the scope of the exemption for annuities and insurance contracts from Federal regulation under the Securities Act of 1933.

3.

Scope of exemption from Federal securities regulation

Section 3(a)(8) of the Securities Act of 1933 (15 U.S.C. 77c(a)(8)) is amended by inserting before the semicolon the following: “, and any insurance or endowment policy or annuity contract or optional annuity contract— (A)the value of which does not vary according to the performance of a separate account; and (B)which satisfies standard nonforfeiture laws or similar requirements of the applicable State, Territory, or District of Columbia at time of issue, or in the absence of applicable standard nonforfeiture laws or requirements, satisfies the Model Standard Nonforfeiture Law for Life Insurance or Model Standard Nonforfeiture Law for Individual Deferred Annuities, or any successor model law, as published by the National Association of Insurance Commissioners .

4.

Nullification of certain Federal securities regulations

Rule 151A promulgated by the Securities and Exchange Commission and entitled Indexed Annuities and Certain Other Insurance Contracts, 74 Fed. Reg. 3138 (January 16, 2009), shall have no force or effect.