Assembly Actions -
Lowercase Senate Actions - UPPERCASE |
|
---|---|
Feb 20, 2025 |
referred to insurance |
Senate Bill S5308
2025-2026 Legislative Session
Sponsored By
(D) 36th Senate District
Current Bill Status - In Senate Committee Insurance Committee
- Introduced
-
- In Committee Assembly
- In Committee Senate
-
- On Floor Calendar Assembly
- On Floor Calendar Senate
-
- Passed Assembly
- Passed Senate
- Delivered to Governor
- Signed By Governor
Actions
2025-S5308 (ACTIVE) - Details
- Current Committee:
- Senate Insurance
- Law Section:
- Insurance Law
- Laws Affected:
- Rpld & add §4228, Ins L
- Versions Introduced in 2023-2024 Legislative Session:
-
S7069
2025-S5308 (ACTIVE) - Sponsor Memo
BILL NUMBER: S5308 SPONSOR: BAILEY TITLE OF BILL: An act to amend the insurance law, in relation to ensuring life insur- ance and annuity business policies are self-supporting; and providing for the repeal of section 4228 of such law relating thereto PURPOSE OF THE BILL: This bill would repeal section 4228 of the Insurance Law, which has become superfluous due to other insurer solvency regulatory provisions that have been enacted since Section 4228's adoption. JUSTIFICATION: Section 4228 of the Insurance Law establishes a complicated formula for limiting the expenses that life insurers can incur during the sale of life insurance policies and annuities. Section 4228 was first enacted in response to a 1906 report by the
2025-S5308 (ACTIVE) - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 5308 2025-2026 Regular Sessions I N S E N A T E February 20, 2025 ___________ Introduced by Sen. BAILEY -- read twice and ordered printed, and when printed to be committed to the Committee on Insurance AN ACT to amend the insurance law, in relation to ensuring life insur- ance and annuity business policies are self-supporting; and providing for the repeal of section 4228 of such law relating thereto THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Section 4228 of the insurance law is REPEALED. § 2. The insurance law is amended by adding a new section 4228 to read as follows: § 4228. LIFE INSURANCE AND ANNUITY BUSINESS; POLICY TO BE SELF-SUP- PORTING. NO COMPANY SHALL OFFER FOR SALE ANY LIFE INSURANCE POLICY FORM OR ANNUITY CONTRACT FORM OR ANY DEBIT LIFE INSURANCE POLICY FORM WHICH SHALL NOT APPEAR TO BE SELF-SUPPORTING ON REASONABLE ASSUMPTIONS AS TO INTEREST, MORTALITY, PERSISTENCY, TAXES, AGENTS' AND BROKERS' SURVIVAL AND EXPENSES RESULTING FROM THE SALE OF THE POLICY OR CONTRACT FORM. FOR ALL SUCH FORMS OFFERED FOR SALE IN THIS STATE, AND FOR ALL FORMS FILED FOR USE OUTSIDE THIS STATE BY DOMESTIC LIFE INSURANCE COMPANIES, A STATEMENT THAT THE REQUIREMENTS OF THIS SECTION HAVE BEEN MET, SIGNED BY AN ACTUARY WHO IS A MEMBER IN GOOD STANDING OF THE AMERICAN ACADEMY OF ACTUARIES AND MEETS THE REQUIREMENTS PRESCRIBED BY THE SUPERINTENDENT BY REGULATION SHALL BE SUBMITTED WITH EACH SUCH LIFE INSURANCE POLICY OR ANNUITY CONTRACT FORM FILED PURSUANT TO PARAGRAPH ONE OR SIX OF SUBSECTION (B) OF SECTION THREE THOUSAND TWO HUNDRED ONE OF THIS CHAP- TER. A DEMONSTRATION SUPPORTING EACH SUCH STATEMENT, SIGNED BY AN ACTU- ARY MEETING SUCH QUALIFICATIONS, SHALL BE RETAINED IN THE COMPANY'S HOME OFFICE, WHILE SUCH FORM IS BEING OFFERED IN THIS STATE AND FOR A PERIOD OF SIX YEARS THEREAFTER AND BE AVAILABLE FOR INSPECTION. THE SUPER- INTENDENT SHALL PROMULGATE A REGULATION ESTABLISHING THE GUIDELINES APPLICABLE TO SUCH DEMONSTRATION. EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD09631-01-5 S. 5308 2
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