Key Takeaways

  • New York requires a 10-day free look period for annuity contracts (may be longer for seniors)
  • Regulation 187 requires producers to act in the best interest of consumers when selling annuities
  • New York has a suitability standard that exceeds federal requirements
  • Annuity replacements require detailed comparison and disclosure of surrender charges
  • New York limits surrender charge periods and requires clear disclosure
Last updated: January 2026

New York Annuity Regulations

New York has adopted comprehensive annuity regulations to protect consumers. Regulation 187, effective since 2019, established a best interest standard that exceeds many other states.

Free Look Period

New York provides a 10-day free look period for annuity contracts:

  • Applies to all annuity types (fixed, variable, indexed)
  • Buyer can return for full premium refund
  • No penalty for exercising free look
  • Period begins when policy is delivered
  • May be extended for senior citizens

Regulation 187 - Best Interest Standard

New York's Regulation 187 requires producers to act in the best interest of the consumer:

Key Requirements

  1. Best Interest Obligation - Recommendation must be in consumer's best interest at time of transaction
  2. Care Obligation - Exercise reasonable diligence, care, and skill
  3. Disclosure Obligation - Provide meaningful disclosure of material conflicts of interest
  4. Documentation - Maintain records demonstrating compliance

Producer Duties Under Reg 187

Before recommending an annuity, the producer must:

  1. Know your customer - Obtain and evaluate relevant information
  2. Know your product - Understand all material features
  3. Make suitable recommendations - Match products to customer needs
  4. Disclose conflicts - Reveal compensation and material conflicts

Required Information to Gather

CategoryInformation Required
Financial StatusIncome, assets, liabilities, liquidity needs
Tax StatusTax bracket, qualified vs. non-qualified funds
Investment ObjectivesGoals, time horizon, risk tolerance
Existing CoverageCurrent annuities and life insurance
Financial ExperienceInvestment knowledge and sophistication

Suitability Requirements

New York requires thorough suitability analysis:

Suitability Factors

FactorConsideration
AgeIs surrender period appropriate for age?
IncomeCan client afford premiums?
LiquidityDoes client need access to funds?
Risk ToleranceIs product risk appropriate?
Tax SituationAre tax benefits relevant?
Existing CoverageIs additional annuity needed?

Documentation Requirements

  • Written record of information gathered
  • Analysis of why product is suitable
  • Disclosure of material conflicts
  • Client acknowledgment of recommendations

Exam Tip: Regulation 187 requires acting in the consumer's best interest, not just making suitable recommendations. This is a higher standard than traditional suitability.

Surrender Charge Requirements

New York regulates surrender charges on annuities:

RequirementStandard
Clear DisclosureMust explain in plain language
Reasonable PeriodCannot be excessive
Free WithdrawalMust allow some penalty-free access
Schedule ProvidedSurrender charge schedule in writing

Replacement Requirements

When replacing an existing annuity, producers must:

Required Documentation

  1. Comparison statement - Side-by-side comparison of old and new contract
  2. Replacement form - Signed acknowledgment of replacement
  3. Suitability analysis - Why replacement is in client's best interest
  4. Disclosure of costs - All costs including new surrender charges

Red Flags for Replacement

DFS scrutinizes replacements for:

  • Short holding periods before replacement
  • Surrender charges not fully explained
  • New surrender charge period starting over
  • Compensation-motivated churning
Test Your Knowledge

What standard does New York Regulation 187 require for annuity sales?

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Test Your Knowledge

What is the free look period for annuity contracts in New York?

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