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Suitability
Protective's Annuity Suitability Review Desk helps ensure producers comply with applicable annuity suitability laws and regulations, notably the NAIC Suitability in Annuity Transactions Model Regulation (Model Regulation). The regulatory framework mandates that producers must be knowledgeable about the products they offer and ultimately make recommendations that are in the best interest of the client. Producers are encouraged to review Protective's Annuity Suitability Guidelines and Annuity Suitability Producer Guide to help ensure compliance with applicable annuity suitability laws and regulations. Producers can access these guides from the new site experience at finpro.protective.com by selecting the Doing Business drop down menu, then selecting Compliance Support, and finally Annuity and Life Insurance Suitability. We encourage all producers to refer to these guides to review annuity suitability requirements, training requirements and other suitability information.
Producers must act in the best interest of the consumer when recommending an annuity transaction. Therefore, producers must make a reasonable effort to obtain the client's suitability information and retain accurate client records supporting the recommendation. Producers must consider the customer's individual insurance needs and financial objectives, including but not limited to:
- Understand the client's current and long-term financial situation and objectives.
- Complete all required training and maintain a comprehensive knowledge of the product.
- Stay current on all relevant legal and regulatory developments.
- Recommend products based solely on the client's best interest.
- Educate the client on the advantages and disadvantages of any recommended product.
- Describe how the client's needs and objectives would be addressed by the product.
In addition, when there is an exchange or replacement of another product the producer must have reasonable basis to believe that the exchange or replacement is in the client's best interest, taking into consideration whether the applicant will:
- Incur a surrender charge.
- Be subject to the commencement of a new surrender period.
- Lose existing benefits (such as death benefit, living benefit, or other contractual benefit).
- Be subject to increased fees or charges for riders or similar product enhancements.
- Benefit from product enhancements and improvements.
- Have had another annuity exchange or replacement within the preceding 60 months.
Conditional Suitability Review
Protective may undertake a conditional suitability review upon request by the producer or wholesaler. This review enables producers or wholesalers to inquire about the suitability of a particular product for a potential applicant prior to submitting a signed application. Conditional review requests may be made by submitting a "Consumer Profile and Suitability Questionnaire" via email to the Annuity Suitability Review Desk at annuitysuitabilityreview@protective.com. The questionnaire does not need to be signed by the client or producer for a conditional review. The Annuity Suitability Review Desk will conduct a review and provide conditional approval, decline, or ask for more information. The Annuity Suitability Review Desk is available to answer general questions concerning annuity suitability or the Consumer Profile and Suitability Questionnaire.
NAIC Suitability in Annuity Transactions Training Requirements
The NAIC Model Regulation further mandates that producers complete a general four-hour annuity training course. The course covers types of annuities, uses of annuities, taxation of annuities, appropriate sales practices, and more.
For states that have adopted the 2020 Model Regulation, producers should be aware of approaching deadlines for completing the required training. Applications signed after the deadline will not be accepted if the producer has not completed the appropriate training. Producers can complete this training through any approved CE provider including Quest, RegEd, and Kaplan.
Consumer-Facing Education Materials
Protective publishes educational materials on finpro.protective.com under both the Retirement and Protection drop down menus to assist producers in better educating consumers before purchasing life insurance or an annuity. Protective encourages you to use these materials to help inform consumers about how our products work. These marketing materials include information on available riders, endorsements, restrictions, withdrawals, annuitization, expenses, surrender charges, and other important features and risks. The Retirement and Protection sections on finpro.protective.com serves as a helpful reminder to producers that Protective has made available product specific marketing material to be used with consumers at the point of sale.
Important Information about Sales Material and Advertising
Insurance advertising is highly regulated with guidelines that differ from state to state. All sales and marketing materials available on finpro.protective.com have been reviewed by Protective Corporate Compliance. Accordingly, any advertising or sales material must be approved prior to use if the Protective name or branding, or any product, sales aid, or computer systems are referenced. Remember, urging a customer to purchase or modify a policy through prospecting letters, form letters, and internet websites is considered advertising and fall within these preapproval guidelines.
Contact Us
Our purpose is to help more people become Protectors. We stand by your side as you help your customers protect what matters most. Please contact us at 800-866-6410, Option 1, for additional support. Additionally, the Annuity Suitability Review Desk may be reached at Annuitysuitabilityreview@protective.com.