S T A T E O F N E W Y O R K
________________________________________________________________________
7069
2023-2024 Regular Sessions
I N S E N A T E
May 17, 2023
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Introduced by Sen. BRESLIN -- 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 Section 4228 of the insurance law is REPEALED.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.
§ 3. This act shall take effect on January 1, 2024 and shall apply to
any life insurance policy, annuity contract, or debit life insurance
policy entered into on or after such date.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD11505-01-3