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Life insurance laws and regulatory rules

A big part of being an insurance professional is doing things the right way – in other words, conducting your business in a fair, honest and ethical manner. We want to help make sure you have all the information you need to do so

2024 Annual Advertising & Replacement Notice

The Annual Advertising Review Notice is available to remind you of your obligation to submit all advertisements referencing either the Forethought Life Insurance Company or a Forethought life insurance product to the advertising review team (preneedsales.support@gafg.com) for approval prior to use. Failure to comply with state laws concerning the advertising of life insurance and annuities can result in fines, penalties, and other regulatory sanctions as well as termination of your selling agreement with Global Atlantic.

 

The Annual Replacement Notice is available to remind you of Global Atlantic’s policy on replacement business.

Coverage Update Notice

Effective September 15, 2023, Forethought Life Insurance Company will no longer accept the Coverage Change Form in connection with requests for additional insurance coverage on existing policies.  Policyholders seeking additional preneed insurance will instead be required to complete a new application (eApp or paper) for coverage in the amount, subject to any product or regulatory required minimum amount, needed to fund the cost of any additional prearranged funeral goods and services selected.  

Failure to submit a new application with such requests for additional coverage will be pended, and a request for a new application will be sent back to the preneed agent for completion and re-submission.  This change is driven by our recent product updates and the corresponding desire to bring added consistency to the upgrade process across all geographies and product lines.  

Important Considerations for Irrevocable Assignments

One important aspect of preneed planning is how the planning and funding of the preneed contract might affect a customer’s current or future financial situation, including the need to seek government assistance for covering the costs of healthcare and living arrangements.

Insurance funded preneed contracts typically receive favorable treatment in connection with spending down resources for the qualification for Medicaid and other government assistance programs. That treatment relies on irrevocably assigning ownership of the life insurance policy, typically to a trust.

When contemplating whether an irrevocable assignment is appropriate for your client, please consider the following important aspects:

• The assignment is permanent, irrevocable and eliminates the policy owner’s rights to make financial changes to the insurance policy or annuity. Except in the rare instance when an assignment was made in error, an irrevocable assignment cannot be reversed or undone.

• Ownership of the policy or annuity is transferred to The Forethought Trust which will make payment to the Funeral Firm, or any subsequently designated funeral firm that provides funeral services and merchandise at the time of need. Any excess death benefit proceeds are subject to recovery by a state’s Medicaid or similar assistance program.

• Your client will be waiving all rights under the policy or annuity to surrender it for cash or to obtain a loan against the policy or annuity cash value. Those rights are not assigned to any other person.

• Except in some states and situations, the right to change the designated funeral firm and the right to change the named beneficiary remains with the original owner.

Consistent with the transfer of rights to the Forethought Trust, once a policy has been irrevocably assigned, it will not be eligible for a coverage downgrade, as the owner has forfeited the right to make that request with the assignment.

SSN / TIN Application Requirements – All States

A tax identification number, social security number (“SSN”) for natural persons or tax identification number (“TIN”) for trusts or other non-natural persons, is required for the insured and, if different, the owner on all life insurance or annuity applications.

If an application is received without a tax identification number, we will place the case in pending and contact you to provide the missing requirement. If the owner and/or insured does not have a valid SSN/TIN, we cannot process the application. We will return the application and any premium submitted to you.

Compliance Notice - CA, FL & VA Face Amount Update

California: Initial Face Amount Limit
The maximum initial face amount of an Insurance Policy sold by agents holding a license limited to the sales of life insurance for the payment of funeral and burial expenses will continue to be $20,000 for 2024.

This limit applies to Certificates of Coverage sold by agents holding a limited license as described in the preceding paragraph and governed by California Code, Insurance Code - INS § 1749.01.


Florida: Initial Face Amount Limit

The 2024 Florida preneed Face Amount limit is $27,006 up $1,071 from last year’s limit of $25,935.


Virginia: Initial Face Amount Limit

Global Atlantic currently offers Encore, a discretionary growth preneed product that is issued in association with a preneed funeral contract which offers the standard $35,000 initial Face Amount maximum.

Virginia: Annual Insurance Compliance Disclosure

Compliance with Virginia law
This notice is being posted so that you comply with 18 VAC 65-30-60.C, which states, “A funeral home shall keep on file a written verification from the insurance company that the insurance or annuity contract complies with §54.1-2820 C of the Code of Virginia.”

In Virginia, Forethought Life Insurance Company offers products with guaranteed and nonguaranteed funeral price options. Products issued prior to 08/23/2023 contain growth based on the Consumer Price Index as required by Virginia law. This growth, which is guaranteed to the consumer, is applied on the first day of each calendar quarter after the Certificate Date. Products issued on or after 08/23/2023 receive growth on a discretionary basis that is credited on the first day of each calendar quarter after the Policy Date.

Forethought Life Insurance Company’s products are in compliance with Virginia laws and have been approved for use by the Bureau of Insurance of the Commonwealth of Virginia. This regulation does not apply to our final expense plans since there is no preneed funeral contract in place.

Texas DOB Notice

October 25, 2021

Important update

Texas law stipulates that when a person provides written directions for the disposition of remains, those directions may not be modified or revoked except through a subsequent written acknowledgment by that person. The same law also provides that any other persons controlling the disposition of a decedent’s remains, shall faithfully carry out the decedent’s directions. Further information on this subject is also provided in Texas Attorney General’s Opinion #JC-0279, which can be found by entering the opinion number in the search window at the state’s website: https://www.texasattorneygeneral.gov/opinions.

Any changes to an insured’s disposition should be made in writing and submitted to Global Atlantic immediately. While Texas law generally prohibits changes in disposition after the death of the insured, there may be limited hardship exceptions to the rule.

All disposition changes made after an insured’s death are recorded and compiled and may be provided for periodic review to the Texas Department of Banking. Any documentation may help with inquiries made by the state. Documents can be sent via fax to (888) 425-2463 or emailed to insuranceClaims@gafg.com.

DOL Fiduciary Rule Guidance

August 13, 2021

The new DOL Rule restricts a fiduciary from making a recommendation involving an IRA or retirement plan. Preneed agents may be considered a fiduciary when they receive commissions for the preneed contracts sold.

The best way to comply with the rule’s requirements is to avoid discussing any financial products, including IRAs and retirement plan assets, covered by the rule with your clients. We suggest that you respectfully direct them to their broker or investment advisor representative for questions or guidance with those asset types.

DOL Compliance Notice

FAQs

eSignature Amendment to Insurance Selling Agreement

July 1, 2020

COMPLIANCE NOTICE: eSignature Amendment

Effective immediately, any agency or producer that would like to or continue to utilize e-signature to execute documents for submission to Forethought Life Insurance Company is required to complete and return the e-Signature Amendment to Insurance Selling Agreement, which confirms compliance with applicable federal and state guidelines regarding such electronic transactions. Please click here to access the form, and then print, sign and return it before July 17 to Preneedsales.support@gafg.com or fax to: 800-320-3291. New business will be pended if eSignature Amendment is not received July 17, 2020.

If you have any questions, please contact your eSales Consultant at 866-499-3722

Agent Market Conduct Guide

This guide was created to assist you in understanding important guidelines and procedures related to market conduct and compliance issues, and help you develop a best practices approach to your business activities.  It will provide Global Atlantic’s positions and guidelines, as well as general awareness of state laws and regulations, to help you better serve your customers.

Access the guide.

Generic and state-specific compliance notices

New: 12/4/19
Preneed funeral contract disclosure form

ONLY applicable for Alabama, Illinois, Kansas, Kentucky, Massachusetts, Nebraska, New Mexico, North Carolina, South Carolina and Utah

In the states listed above, the Preneed Funeral Contract Disclosure Form (Form A9567) must be given to policyholders upon purchase of a preneed policy. The disclosure provides important information to policyholders about how the preneed contract and insurance policy work together to define and fund their funeral arrangements. It also explains the relationship between the parties involved – the funeral home, agent, and Forethought Life Insurance Company.

Preneed Funeral Contract Disclosure Forms:

  • A9567-01(A) 08-19 Preneed Disclosure, Guaranteed and PEO Only
  • A9567-01(B) 08-19 Preneed Disclosure, Guaranteed Only

For your convenience, our New Business Options Form (3-in-1 Form) has been updated to include a statement for the policyholder to acknowledge receipt of the Preneed Funeral Contract Disclosure form. By signing the New Business Options Form, the policy holder is now also acknowledging receipt of the Preneed Funeral Contract Disclosure Form.

To ensure conformation to these regulations, you must begin using the updated New Business Options Form (Form A9562) with the acknowledgement as of January 2, 2020. New business submitted using the old form after January 31, 2020 will be returned to the agent.

New Business Options forms:

  • Alabama, Illinois, Kansas, Kentucky, Massachusetts, Nebraska, New Mexico, North Carolina, South Carolina and Utah: Use Form A9562-01(A) (02-18)
  • Arkansas, Mississippi, Oregon and Washington: Use Form A9562-02 (08-19)

All forms can be accessed here.
 

All states: Advertising review
All advertisements that reference either the Forethought Life Insurance Company or a Forethought life insurance product to the advertising review team for approval prior to use. Failure to comply with state laws concerning the advertising of life insurance and annuities can result in fines, penalties and other regulatory sanctions. Fines can reach $1,000 or more per violation. They may be assessed against the agent, the Company or both. In addition, an agent’s insurance license may be subject to restriction or suspension for violation of state advertising regulations. In severe cases, particularly those involving misleading advertisements, regulators can revoke agent and Company licenses to do business in their states.

In addition, when regulators are concerned about the content or dissemination of an advertisement, they may perform on-site examinations. The Company must pay the expense of such examination. Regulators can require that Forethought file all future advertising for prior approval, which can result in a disruptive and time consuming complication for future marketing efforts by you and the Company.

If you fail to submit advertising material for approval prior to use, or use unapproved advertising, it may result in disciplinary action by the Company up to, and including, termination of your selling agreement and appointment. This includes the use of advertising that we have disapproved, or that we instructed you to revise before use, but no revision was made.

Please Note: Advertisement is defined broadly by the states. Please consult the Global Atlantic Advertising Guidelines at https://www.globalatlantic.com/preneed/legal-and-compliance#acc-0 for more information. You should keep copies of all materials that support the statements used in the advertisements you create along with a final sample of your advertisement.

Advertising Materials related to Preneed life insurance products issued by Forethought Life Insurance Company may be submitted to:

Advertising Review 

One Forethought Center

Batesville, IN 47006

Email: preneedsales.support@gafg.com

Approval of any advertising is generally valid for a period of twelve months. At the end of the twelve month period you must resubmit the material for new review and approval unless the approval was otherwise extended by Global Atlantic.


Several states: Life insurance replacement requirements
We realize that replacing an existing insurance policy or annuity contract to fund a prearrangement is a small and infrequent part of your preneed sales, but it is important to your business and your customers to understand the requirements and handle them correctly when they do occur.

A number of states have adopted a replacement regulation based on the NAIC's Life Insurance and Annuities Replacement Model Regulation. We want to remind you of the general requirements and provide you with guidance on when those requirements may apply to a case you are writing. Please read for more information and to find the entire list of states affected.

Michigan: Adjusted maximum assignment amounts
Our office has confirmed the adjusted maximum assignment amount of a Forethought life insurance policy/certificate at issue is $11.020, effective, June 1, 2019 through May 31, 2020.

 

Agent training materials, financial crime

As an agent, you are the first line of defense against the company being a victim of or used to facilitate illegal activities. You are responsible for being alert and escalating suspicious activity to protect yourself and the company from potential reputational, financial, and legal harm. The training provides you with types of financial crime (money laundering and fraud) that the company is susceptible to and red flag indicators for such activity.

Anti-money laundering certification

You are required to complete Global Atlantic’s Anti-Money Laundering Fraud Training every 2 years. Your AML certification expires 2 years after your contract date or if you have been contracted for longer than 2 years, your certification expires 2 years from your last AML certification. We cannot process applications from agents whose AML certification has expired. You will be notified 60 and 30 days prior to your certification expiration.

If you aren’t sure when your certification will be due, contact PreneedLicensing@gafg.com or call (800) 331-8853, select option 5 and then option 1. Or, you may go ahead and review the AML training here and submit your certification to PreneedLicensing@gafg.com to ensure you’re in compliance.

Preneed advertising guidelines

Global Atlantic places high value on your creativity, sales skills and professionalism. We are all in this together – and we want you to recognize that Global Atlantic appreciates your efforts in marketing and selling our products, as well as providing high quality service after the sale to our customers. It is important for all representatives of Global Atlantic to realize that compliance issues can arise from the communications you have and the marketing or advertising material you share with customers. We encourage you to take the time to read through this guide and keep this document in a convenient locations for your reference.

Review advertising guidelines

Coverage information for under 50 years of age

Global Atlantic will no longer offer coverage for people under 50 years of age unless it is part of a guaranteed or price estimate-only Funeral Planning Agreement; therefore, Global Atlantic will require a Goods and Services Form to be submitted with every application in which the proposed insured is under the age of 50.

To view the applicable Goods and Services Form, log in to your agent account here.

Cross-border sales notice

A cross-border sale is one where the solicitation and sale occurs in and is governed by a state (typically a neighboring one) other than the state where the proposed owner resides. Many states do not have a specific requirement that governs cross-border sales. Nevertheless, you should avoid actively soliciting insurance-funded preneed sales outside of the state in which your funeral home is located. In those states with a requirement, most recognize and accept preplanning and prefunding a funeral as a permissible exception. However, in certain other states, any cross-border sale is strictly prohibited. The details below provide guidance about the requirements, as we interpret them, for all states.

Minnesota, Utah:
Residents must be issued a policy that is approved by their home state Department of Insurance (DOI). In order to sell a preneed policy to a resident of MN or UT, you must be licensed in and use an application from MN or UT respectively, even if the owner wants the funeral services performed in a neighboring state.

Arkansas, Massachusetts, Mississippi, Oregon, Washington:
If a resident goes to a neighboring state to preplan a funeral funded by insurance, guaranteed or price-estimate-only, the application and policy issued to them must be the one approved by the DOI where the sale occurs (the state in which the funeral home is located).

All other states:
Residents must be issued a policy from the state where the sale is made (where the funeral home is located).

These requirements become effective January 1, 2020. Beginning February 3, 2020, applications that do not meet these requirements will be returned to the agent.

Global Atlantic does not permit the sale of a policy across a state border if the policy is non-guaranteed or final expense.

NAIC regulations

The National Association of Insurance Commissioners (NAIC) is the U.S. standard-setting and regulatory support organization created and governed by the chief insurance regulators from the 50 states, the District of Columbia and five U.S. territories.

Through the NAIC, state insurance regulators establish standards and best practices, conduct peer review, and coordinate their regulatory oversight.

Stay up to date with industry regulations with the National Association of Insurance Commissioners.

Annuity buyer’s guide and acknowledgement form – M3151

The NAIC Annuity Disclosure Model Regulation, which sets forth requirements for providing Annuity Buyer’s Guides when soliciting annuity business, requires delivery of the guide to preneed annuity customers at the time of sale. The Annuity Buyer’s Guide is intended to provide your families with important information relating to their annuity purchase.

Contract holders will need to confirm receipt of the Buyer’s Guide by signing the Annuity Buyer’s Guide Acknowledgment Form and return it with the completed, signed and dated Life Insurance/Annuity application. Applications for the Preneed Imminent Annuity without the completed acknowledgment form will be pended.

If you have any questions or need to obtain a supply of the Annuity Buyer’s Guide and Acknowledgment Form, contact Customer Service at (800) 331-8853.

*Required in AL, AK, AZ, AR, CO, FL, GA, HI, ID, IA, KY, MA, MO, MT, NV, NJ, NM, NC, NH, OH, OK, OR, RI, SC, TX, UT, VT, WI and WV.

Note: The Annuity Buyer’s Guide does not need to be delivered to clients who qualify for life insurance to fund prepaid funeral benefits. If you are selling the annuity, but are not in one of these states, you do not need to submit an Annuity Buyer’s Guide Acknowledgment form.

Questions?

Our experienced team can help explain any of this compliance and regulatory information.

Phone: (866) 449-3722
Email: preneedsales.support@gafg.com