AB 1398 — Annuities: cash surrender benefits.
Last action — Chaptered by Secretary of State - Chapter 228, Statutes of 2017.
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✓Introduced
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✓In Committee
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✓Passed Assembly
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✓Passed Senate
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✓To Executive
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6Enacted
This bill has been enacted into law. Introduced February 17, 2017. Enacted.
Prognosis
Where this bill stands today.
Odds of enactment
HighHow often bills like it became law.
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Enacted
Current position in the legislative process.
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1 sponsor
1 primary, 0 co-sponsors signed on.
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Single-party support
Sponsorship is currently within one party (1 D).
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Cleared a recorded vote
Passed 5 recorded votes so far.
Prognosis reads this bill's own signals — stage, sponsorship breadth, committee status, recorded votes and cross-state momentum. Odds come from a model trained on which bills have become law.
Summary
Existing law governs annuities and, for those insurance contracts that provide cash surrender benefits, prescribes the cash surrender benefit available prior to maturity. Existing law also requires the death benefit under these contracts to be at least equal to the cash surrender benefit. Existing law requires, with exceptions, that no contract of annuity be delivered or issued for delivery in this state unless it contains, in substance, specified provisions, or corresponding provisions that in the opinion of the commissioner are at least as favorable to the contractholder, upon cessation of payment of considerations under the contract. This bill, among other things, would require the insurer, for an individual annuity contract issued on or after January 1, 2019, to return to the owner all moneys due for annuity contracts that are surrendered by the contract owner as expeditiously as possible after the request for surrender is received, as defined, but no later than 45 days from the date of surrender, as specified. The bill would authorize insurers to require that a request to surrender a contract be in writing and contain various elements, including, the contract number of the contract and the name, address, and telephone number of the contract owner, on the contract to be surrendered. The bill would also authorize the insurer to require the contract owner to complete an administrative form, as provided, as part of the surrender process, and would require the surrender be processed and all moneys due be returned within 30 days from the effective date of the surrender if the contract owner completes and submits the administrative form within 14 days of the surrender request. The bill would require a contract to include language or be accompanied by a notice setting forth the permitted requirements for a surrender of the contract, as specified.
Bill Text
- Chaptered 09/11/17 - Chaptered Current pdf September 11, 2017
- Enrolled 08/29/17 - Enrolled pdf August 29, 2017
- Amended 06/20/17 - Amended Senate pdf June 20, 2017
- Amended 05/01/17 - Amended Assembly pdf May 01, 2017
- Introduced 02/17/17 - Introduced pdf February 17, 2017
- AB1398 View text html
Action History
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Chaptered by Secretary of State - Chapter 228, Statutes of 2017.
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Approved by the Governor.
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Enrolled and presented to the Governor at 3:30 p.m.
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Senate amendments concurred in. To Engrossing and Enrolling. (Ayes 73. Noes 0. Page 2789.).
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In Assembly. Concurrence in Senate amendments pending. May be considered on or after August 18 pursuant to Assembly Rule 77.
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Read third time. Passed. Ordered to the Assembly. (Ayes 38. Noes 0. Page 2128.).
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Read second time. Ordered to Consent Calendar.
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From committee: Do pass. To Consent Calendar. (Ayes 10. Noes 0.) (July 12).
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From committee chair, with author's amendments: Amend, and re-refer to committee. Read second time, amended, and re-referred to Com. on I., B. & F.I.
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Referred to Com. on I., B. & F.I.
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In Senate. Read first time. To Com. on RLS. for assignment.
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Read third time. Passed. Ordered to the Senate. (Ayes 77. Noes 0. Page 1787.)
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Read second time. Ordered to third reading.
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From committee: Do pass. (Ayes 13. Noes 0.) (May 3).
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Re-referred to Com. on INS.
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From committee chair, with author's amendments: Amend, and re-refer to Com. on INS. Read second time and amended.
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Referred to Com. on INS.
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From printer. May be heard in committee March 21.
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Read first time. To print.
Sponsors
- Ash Kalra · Primary
Sponsorship breakdown
Export CSV (upgrade) →1 sponsors · 0 co-sponsors · 121 not signed on
Sponsors (1)
- Kalra, Ash Democratic
Co-sponsors (0)
None.
Not signed on (121)
121 members have not signed on to this bill.
Show all 121 →"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.
Votes
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Unaffiliated | 54 | 0 | 0 | 4 |
| Democratic | 14 | 0 | 0 | 1 |
| Republican | 5 | 0 | 0 | 1 |
| Total | 73 | 0 | 0 | 6 |
| % of votes cast | 92% | 0% | 0% | 8% |
How each member voted (79)
| Member | Party | Vote |
|---|---|---|
| Acosta | — | Yea |
| Bigelow | — | Yea |
| Bloom | — | Yea |
| Brough | — | Yea |
| Kiley | — | Yea |
| Mathis | — | Yea |
| Nazarian | — | Yea |
| Rendon | — | Yea |
| Ridley-Thomas | — | Yea |
| Santiago | — | Yea |
| Ting | — | Yea |
| Weber | — | Yea |
| Burke | — | Yea |
| Fong | — | Yea |
| Salas | — | Yea |
| Gray | — | Yea |
| Frazier | — | Yea |
| Bocanegra | — | Yea |
| Rubio | — | Yea |
| Harper | — | Yea |
| Holden | — | Yea |
| Jones-Sawyer | — | Yea |
| Levine | — | Yea |
| Maienschein | — | Yea |
| McCarty | — | Not Voting |
| Gonzalez Fletcher | — | Not Voting |
| Melendez | — | Yea |
| Baker | — | Yea |
| Chiu | — | Yea |
| Chávez | — | Yea |
| Cooley | — | Yea |
| Mullin | — | Yea |
| O'Donnell | — | Yea |
| Obernolte | — | Yea |
| Quirk | — | Yea |
| Steinorth | — | Yea |
| Voepel | — | Yea |
| Waldron | — | Not Voting |
| Wood | — | Yea |
| Gloria | — | Yea |
| Low | — | Yea |
| Chau | — | Yea |
| Mayes | — | Yea |
| Medina | — | Yea |
| Chu | — | Yea |
| Rodriguez | — | Yea |
| Thurmond | — | Yea |
| Cooper | — | Yea |
| Eggman | — | Yea |
| Cunningham | — | Yea |
| Dababneh | — | Yea |
| Daly | — | Yea |
| Friedman | — | Yea |
| Cristina Garcia | — | Yea |
| Eduardo Garcia | — | Yea |
| Jim Patterson | — | Not Voting |
| Mark Stone | — | Yea |
| Travis Allen | — | Yea |
| Aguiar-Curry, Cecilia M. | Democratic | Yea |
| Arambula, Joaquin | Democratic | Yea |
| Berman, Marc | Democratic | Yea |
| Bonta, Mia | Democratic | Not Voting |
| Caballero, Anna M. | Democratic | Yea |
| Calderon, Lisa | Democratic | Yea |
| Cervantes, Sabrina | Democratic | Yea |
| Gipson, Mike A. | Democratic | Yea |
| Grayson, Timothy S. | Democratic | Yea |
| Irwin, Jacqui | Democratic | Yea |
| Kalra, Ash | Democratic | Yea |
| Limón, Monique | Democratic | Yea |
| Muratsuchi, Al | Democratic | Yea |
| Quirk-Silva, Sharon | Democratic | Yea |
| Reyes, Eloise Gómez | Democratic | Yea |
| Chen, Phillip | Republican | Not Voting |
| Choi, Steven S. | Republican | Yea |
| Dahle, Megan | Republican | Yea |
| Flora, Heath | Republican | Yea |
| Gallagher, James | Republican | Yea |
| Lackey, Tom | Republican | Yea |
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Unaffiliated | 33 | 0 | 0 | 2 |
| Democratic | 5 | 0 | 0 | 0 |
| Total | 38 | 0 | 0 | 2 |
| % of votes cast | 95% | 0% | 0% | 5% |
How each member voted (40)
| Member | Party | Vote |
|---|---|---|
| Anderson | — | Yea |
| Bates | — | Yea |
| Beall | — | Yea |
| Hill | — | Yea |
| Lara | — | Yea |
| Moorlach | — | Yea |
| Newman | — | Yea |
| Cannella | — | Yea |
| Dodd | — | Yea |
| Galgiani | — | Yea |
| Glazer | — | Yea |
| Hernandez | — | Yea |
| Hertzberg | — | Yea |
| Atkins | — | Yea |
| Mitchell | — | Yea |
| Allen | — | Yea |
| Hueso | — | Yea |
| De León | — | Yea |
| Portantino | — | Yea |
| Leyva | — | Yea |
| Bradford | — | Yea |
| Mendoza | — | Not Voting |
| Monning | — | Yea |
| Morrell | — | Yea |
| Nielsen | — | Not Voting |
| Pan | — | Yea |
| Roth | — | Yea |
| Skinner | — | Yea |
| Vidak | — | Yea |
| Wieckowski | — | Yea |
| Wilk | — | Yea |
| Fuller | — | Yea |
| Beth Gaines | — | Yea |
| Bill Berryhill | — | Yea |
| Mark Stone | — | Yea |
| Jackson, Corey A. | Democratic | Yea |
| McGuire, Mike | Democratic | Yea |
| Nguyen, Stephanie | Democratic | Yea |
| Stern, Henry I. | Democratic | Yea |
| Wiener, Scott D. | Democratic | Yea |
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Unaffiliated | 10 | 0 | 0 | 3 |
| Total | 10 | 0 | 0 | 3 |
| % of votes cast | 77% | 0% | 0% | 23% |
How each member voted (13)
| Member | Party | Vote |
|---|---|---|
| Galgiani | — | Yea |
| Glazer | — | Yea |
| Hernandez | — | Yea |
| Hueso | — | Not Voting |
| Lara | — | Yea |
| Mendoza | — | Yea |
| Morrell | — | Yea |
| Newman | — | Yea |
| Roth | — | Yea |
| Portantino | — | Not Voting |
| Mitchell | — | Yea |
| Beth Gaines | — | Yea |
| Bill Berryhill | — | Not Voting |
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Unaffiliated | 55 | 0 | 0 | 2 |
| Democratic | 16 | 0 | 0 | 0 |
| Republican | 6 | 0 | 0 | 1 |
| Total | 77 | 0 | 0 | 3 |
| % of votes cast | 96% | 0% | 0% | 4% |
How each member voted (80)
| Member | Party | Vote |
|---|---|---|
| Acosta | — | Yea |
| Baker | — | Yea |
| Bigelow | — | Yea |
| Bloom | — | Yea |
| Brough | — | Yea |
| Jones-Sawyer | — | Yea |
| Maienschein | — | Yea |
| Mathis | — | Yea |
| Melendez | — | Yea |
| Rendon | — | Yea |
| Santiago | — | Yea |
| Ting | — | Yea |
| Eggman | — | Not Voting |
| Burke | — | Yea |
| Gloria | — | Yea |
| Gonzalez Fletcher | — | Yea |
| Salas | — | Yea |
| Levine | — | Yea |
| Low | — | Yea |
| Gray | — | Yea |
| Mayes | — | Yea |
| Bocanegra | — | Yea |
| Chu | — | Yea |
| Medina | — | Yea |
| Mullin | — | Yea |
| Nazarian | — | Yea |
| Quirk | — | Yea |
| Rodriguez | — | Yea |
| Thurmond | — | Yea |
| Voepel | — | Yea |
| Weber | — | Yea |
| Wood | — | Yea |
| Rubio | — | Yea |
| Friedman | — | Yea |
| Gomez | — | Yea |
| Harper | — | Yea |
| Holden | — | Yea |
| Kiley | — | Yea |
| McCarty | — | Yea |
| Chau | — | Not Voting |
| Chiu | — | Yea |
| Chávez | — | Yea |
| Cooley | — | Yea |
| Cooper | — | Yea |
| O'Donnell | — | Yea |
| Obernolte | — | Yea |
| Ridley-Thomas | — | Yea |
| Steinorth | — | Yea |
| Waldron | — | Yea |
| Cunningham | — | Yea |
| Dababneh | — | Yea |
| Daly | — | Yea |
| Frazier | — | Yea |
| Cristina Garcia | — | Yea |
| Eduardo Garcia | — | Yea |
| Mark Stone | — | Yea |
| Travis Allen | — | Yea |
| Aguiar-Curry, Cecilia M. | Democratic | Yea |
| Arambula, Joaquin | Democratic | Yea |
| Berman, Marc | Democratic | Yea |
| Bonta, Mia | Democratic | Yea |
| Caballero, Anna M. | Democratic | Yea |
| Calderon, Lisa | Democratic | Yea |
| Cervantes, Sabrina | Democratic | Yea |
| Fong, Mike | Democratic | Yea |
| Gipson, Mike A. | Democratic | Yea |
| Grayson, Timothy S. | Democratic | Yea |
| Irwin, Jacqui | Democratic | Yea |
| Kalra, Ash | Democratic | Yea |
| Limón, Monique | Democratic | Yea |
| Muratsuchi, Al | Democratic | Yea |
| Quirk-Silva, Sharon | Democratic | Yea |
| Reyes, Eloise Gómez | Democratic | Yea |
| Chen, Phillip | Republican | Yea |
| Choi, Steven S. | Republican | Not Voting |
| Dahle, Megan | Republican | Yea |
| Flora, Heath | Republican | Yea |
| Gallagher, James | Republican | Yea |
| Lackey, Tom | Republican | Yea |
| Patterson, Joe | Republican | Yea |
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Unaffiliated | 9 | 0 | 0 | 0 |
| Democratic | 3 | 0 | 0 | 0 |
| Republican | 1 | 0 | 0 | 0 |
| Total | 13 | 0 | 0 | 0 |
| % of votes cast | 100% | 0% | 0% | 0% |
How each member voted (13)
| Member | Party | Vote |
|---|---|---|
| Melendez | — | Yea |
| Chu | — | Yea |
| Cooley | — | Yea |
| Cooper | — | Yea |
| Dababneh | — | Yea |
| Daly | — | Yea |
| Voepel | — | Yea |
| Bigelow | — | Yea |
| Frazier | — | Yea |
| Caballero, Anna M. | Democratic | Yea |
| Calderon, Lisa | Democratic | Yea |
| Gipson, Mike A. | Democratic | Yea |
| Dahle, Megan | Republican | Yea |
Subjects
Frequently asked questions
- What does AB 1398 do?
- Existing law governs annuities and, for those insurance contracts that provide cash surrender benefits, prescribes the cash surrender benefit available prior to maturity. Existing law also requires the death benefit under these contracts to be at least equal to the cash surrender benefit. Existing law requires, with exceptions, that no contract of annuity be delivered or issued for delivery in this state unless it contains, in substance, specified provisions, or corresponding provisions that in the opinion of the commissioner are at least as favorable to the contractholder, upon cessation of payment of considerations under the contract. This bill, among other things, would require the insurer, for an individual annuity contract issued on or after January 1, 2019, to return to the owner all moneys due for annuity contracts that are surrendered by the contract owner as expeditiously as possible after the request for surrender is received, as defined, but no later than 45 days from the date of surrender, as specified. The bill would authorize insurers to require that a request to surrender a contract be in writing and contain various elements, including, the contract number of the contract and the name, address, and telephone number of the contract owner, on the contract to be surrendered. The bill would also authorize the insurer to require the contract owner to complete an administrative form, as provided, as part of the surrender process, and would require the surrender be processed and all moneys due be returned within 30 days from the effective date of the surrender if the contract owner completes and submits the administrative form within 14 days of the surrender request. The bill would require a contract to include language or be accompanied by a notice setting forth the permitted requirements for a surrender of the contract, as specified.
- Who sponsors AB 1398?
- AB 1398 is sponsored by Kalra, Ash (Democratic).
- What is the current status of AB 1398?
- This bill has been enacted into law. Introduced February 17, 2017. Enacted.
- Where can I track AB 1398?
- Track AB 1398 free on One Click Politics — get push/email alerts when it moves.
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