Variable Annuity Transactions

Variable annuity transactions involve insurance company processes in addition to securities regulations. Understanding purchase applications, withdrawals, surrenders, and exchanges is important for Series 6 success.

Initial Purchase Process

Application Requirements

Variable annuity applications typically require:

InformationPurpose
Owner informationName, address, SSN, date of birth
Annuitant informationPerson whose life determines payouts
Beneficiary designationWho receives death benefit
Premium amountInitial investment
Subaccount allocationInvestment selections
Rider electionsOptional benefits (GMIB, GMWB, etc.)
Suitability informationFinancial situation, objectives, risk tolerance

Principal Review (FINRA Rule 2330)

Before the application is transmitted to the insurance company:

  • Registered principal must review and approve
  • Must verify suitability documentation
  • No later than 7 business days after OSJ receives complete application

Free Look Period

After receiving the contract, owners have a free look period:

  • Typically 10 to 30 days depending on state
  • Can cancel for full refund of premiums
  • No surrender charges apply
  • Allows time to review contract terms

Additional Premium Payments

Flexible premium annuities allow additional investments:

  • Subject to minimum amounts (often $50-$250)
  • May be set up as systematic investments
  • Allocated according to current instructions
  • No new free look period

Withdrawals and Partial Surrenders

Free Withdrawal Provision

Most contracts allow 10% annually without surrender charges:

  • Based on account value or premiums paid
  • May or may not be cumulative
  • Withdrawals beyond free amount subject to surrender charges

Withdrawal Process

StepDescription
1Customer requests withdrawal
2Firm verifies request authenticity
3Calculate amount (including surrender charge if applicable)
4Process 10% penalty if under age 59½
5Withhold taxes if requested/required
6Send proceeds to customer

Tax Withholding

SituationWithholding
Non-qualified annuityOptional (customer can elect)
Qualified annuity (IRA, etc.)10% federal unless waived
Under age 59½Subject to 10% IRS penalty on taxable amount

Full Surrender

Surrendering the entire contract:

  • Receives cash surrender value
  • Cash value minus any applicable surrender charges
  • Minus any outstanding policy loans
  • Taxable on earnings (LIFO)
  • 10% penalty if under 59½

Surrender Charge Calculation Example

Contract DetailsAmount
Account value$150,000
Premiums paid$100,000
Surrender charge (Year 3 = 5%)$7,500
Cash surrender value$142,500

Tax calculation:

  • Taxable earnings: $42,500 ($142,500 - $100,000)
  • Plus 10% penalty if under 59½: $4,250

1035 Exchanges

Process Overview

A 1035 exchange transfers from one annuity to another tax-free:

StepTimeline
1. Complete new applicationDay 1
2. Complete 1035 exchange formDay 1
3. Submit to new carrierDay 1-3
4. New carrier requests funds from old carrierWeek 1-2
5. Old carrier processes and transfersWeek 2-4
6. New contract fundedWeek 2-6

Typical timeline: 2-6 weeks depending on carriers involved

1035 Requirements

For tax-free treatment:

  • Same owner - Must be the same contract owner
  • Same annuitant - Must be the same person
  • Direct transfer - Funds must go directly between carriers
  • No constructive receipt - Owner cannot receive funds personally

1035 Suitability Considerations

Before recommending a 1035 exchange, consider:

FactorQuestion to Ask
Surrender chargesIs the old contract still in surrender period?
Benefits lostWhat guarantees or step-ups will be forfeited?
New surrender periodWill this reset the clock?
Fee comparisonAre fees comparable or lower?
Customer benefitIs there a documented benefit for the customer?

Annuitization

Election Process

When electing to annuitize:

  1. Select payout option (life only, period certain, joint, etc.)
  2. Determine start date
  3. Complete annuitization election form
  4. Irrevocable once payments begin

Timing Considerations

FactorImpact
AgeOlder = higher payments (shorter life expectancy)
Payout optionLife only = highest; joint = lowest
AIR selectionHigher AIR = higher initial payment but payments may decrease

Death Benefit Claims

During Accumulation Phase

When the annuitant dies before annuitization:

StepDescription
1Beneficiary notifies insurance company
2Submit death certificate
3Complete claim forms
4Insurance company calculates death benefit
5Beneficiary elects distribution option

Death Benefit Distribution Options

OptionDescription
Lump sumReceive full amount immediately
5-year ruleDistribute entirely within 5 years
Life annuityBased on beneficiary's life expectancy

Spousal Continuation

Surviving spouse may have option to:

  • Continue the contract as new owner
  • Maintain tax-deferred status
  • Delay distribution requirements

Key Exam Points

  1. Principal approval - Required before submitting VA application
  2. Free look - 10-30 days to cancel with full refund
  3. 10% free withdrawal - Typically allowed annually
  4. 1035 exchange - 2-6 weeks, direct transfer required
  5. Surrender charges - Deducted from account value
  6. Annuitization irrevocable - Cannot be undone once started
  7. Death benefit - Beneficiary options include lump sum, 5-year, or annuity
Test Your Knowledge

A customer purchased a variable annuity 3 years ago and wants to make a withdrawal. The contract has a 10% free withdrawal provision and a 5% surrender charge in year 3. If they withdraw 15% of their account value, what portion is subject to the surrender charge?

A
B
C
D
Test Your Knowledge

In a 1035 exchange from one variable annuity to another, which of the following is required for the exchange to be tax-free?

A
B
C
D
Test Your Knowledge

What is the typical free look period for a newly purchased variable annuity?

A
B
C
D