In the nature of a substitute.

1. Replaces the bill's text with a full substitute

   Replaces the full textEverything after the enacting clause

   In S. 3198 · Introduced in Senate

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   SECTION 1. SHORT TITLE.

   This Act may be cited as the "Registration for Index-Linked Annuities Act".

   SEC. 2. PARITY FOR REGISTERED INDEX-LINKED ANNUITIES REGARDING REGISTRATION RULES.

   (a) Definitions.--In this section:

   (1) Commission.--The term "Commission" means the Securities and Exchange Commission.

   (2) Investment company.--The term "investment company" has the meaning given the term in section 3 of the Investment Company Act of 1940 (15 U.S.C. 80a-3).

   (3) Market value adjustment.--The term "market value adjustment" means, with respect to a registered index-linked annuity[inserted: , after an early withdrawal or contract discontinuance]--

   (A) an adjustment to the value of that annuity based on calculations using a predetermined formula; or

   (B) a change in interest rates (or other factor, as determined by the Commission) that [struck: applies][inserted: apply] to that annuity[struck: after an early withdrawal or contract discontinuance].

   (4) Purchaser.--The term "purchaser" means a purchaser of a registered index-linked annuity.

   (5) Registered index-linked annuity.--The term "registered index-linked annuity" means an annuity--

   (A) that is deemed to be a security;

   Struck: (B) that is required to be registered with the Commission;

   Inserted: (B) that is registered with the Commission in accordance with section 5 of the Securities Act of 1933 (15 U.S.C. 77e);

   (C) that is issued by an insurance company that is subject to the supervision of[struck: the insurance commissioner of the applicable State;][inserted: --]

   Inserted: (i) the insurance commissioner or bank commissioner of any State; or

   Inserted: (ii) any agency or officer performing like functions as a commissioner described in clause (i);

   (D) that is not issued by an investment company; and

   (E) the returns of which--

   (i) are based on the performance of a specified benchmark index or rate[inserted: (or a registered exchange traded fund that seeks to track the performance of a specified benchmark index or rate)]; and

   (ii) may be subject to a market value adjustment if amounts are withdrawn before the end of the period during which that market value adjustment applies.

   (6) Security.--The term "security" has the meaning given the term in section 2(a) of the Securities Act of 1933 (15 U.S.C. 77b(a)).

   (b) Rules.--

   (1) In general.--Not later than 180 days after the date of enactment of this Act, the Commission shall propose, and, not later than 18 months after the date of enactment of this Act, the Commission shall prepare and finalize, new or amended rules, as appropriate, to establish a new form in accordance with paragraph (2) on which an issuer of a registered [struck: index- linked ][inserted: index-linked ]annuity may register that registered index-linked annuity, subject to conditions the Commission determines appropriate[inserted: , which may include requiring the issuer to take the steps described in section 240.12h-7(e) of title 17, Code of Federal Regulations, or any successor regulation, with respect to the registered index-linked annuity].

   (2) Design of form.--In developing the form [inserted: required ]to be established under paragraph (1), the Commission shall--

   (A) design the form to ensure that a purchaser using the form receives the information necessary to make knowledgeable decisions, taking into account--

   (i) the availability of information;

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   (ii) the knowledge and sophistication of that class of purchasers;

   (iii) the complexity of the registered index-linked annuity; and

   (iv) any other factor the Commission determines appropriate;

   (B) engage in investor testing; and

   (C) incorporate the results of the testing required under subparagraph (B) in the design of the form, with the goal of ensuring that key information is conveyed in terms that a purchaser is able to understand.

   (c) Treatment if Rules Not Prepared and Finalized in a Timely Manner.--

   (1) In general.--If, as of the date that is 18 months after the date of enactment of this Act, the Commission has failed to prepare and finalize the rules required under subsection (b)(1), any registered index-linked annuity may be registered on the form described in section 239.17b of title 17, Code of Federal Regulations, or any successor regulation.

   (2) Preparation.--A registration described in paragraph (1) shall be prepared pursuant to applicable provisions of the form described in that paragraph.

   Inserted: (3) Termination.--This subsection shall terminate upon the establishment by the Commission of the form described in subsection (b).

   (d) Rules of Construction.--Nothing in this section may be construed to--

   (1) limit the authority of the Commission to[struck: determine the information to be requested in the form described in subsection (b); or][inserted: --]

   Inserted: (A) determine the information to be requested in the form described in subsection (b); or

   Inserted: (B) extend the eligibility for the form described in subsection (b) to a product that is similar to, but is not, a registered index-linked annuity; or

   (2) preempt any State law, regulation, rule, or order.

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