IllinoisSB2872104th General Assembly (2025–2026)SenateWALLET

CONTINGENT DEFERRED ANNUITIES

Sponsored By: Julie A. Morrison (Democratic)

Signed by Governor

Summary

Amends the Illinois Insurance Code. Provides that specified provisions of the Standard Nonforfeiture Law for Individual Deferred Annuities shall not apply to contingent deferred annuities. Provides that, notwithstanding this exemption, the Director of Insurance shall have the authority to adopt, by rule, nonforfeiture benefits for contingent deferred annuities that are, in the opinion of the Director, equitable to the contract holder, appropriate given the risks insured, and, to the extent possible, consistent with the general intent of the provisions concerning individual deferred annuities. Effective immediately.

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Bill Overview

Analyzed Economic Effects

5 provisions identified: 2 benefits, 0 costs, 3 mixed.

Minimum cash and paid-up values for annuities

The law requires deferred annuities to provide at least a paid-up benefit or a cash surrender on request. Your minimum value equals 87.5% of each year’s premiums, grown at interest, minus withdrawals, a $50 yearly charge (grown), premium taxes, and loans. The interest rate is the lower of 3% or the 5‑year Treasury rate minus 1.25%, but not below 0.15%. For equity‑indexed features, the allowed reduction can be up to 1% more when justified. Cash surrender must use an interest rate no more than 1% above the contract’s accumulation rate, can never be below the minimum, and death benefits are at least the cash value. The contract must state the mortality table and interest rates, disclose if cash or death benefits are below the minimum, account for off‑anniversary timing, and cap the maturity date at the anniversary after age 70 or year 10, whichever is later. Insurers may delay a cash surrender for up to six months with the Director’s approval.

How combo annuity-life policies are valued

If your contract has both annuity and life insurance parts, the minimum value equals the sum of each part’s minimum. Extra riders, like disability or similar add‑ons, are ignored unless they themselves require a minimum value.

When these annuity protections apply

Insurers could choose to apply these rules early after August 6, 2004 on a form‑by‑form basis. Otherwise, the rules apply to contracts the company issues on or after July 1, 2006.

Cash-out of very small annuities

If no payments were made for two full years and the paid‑up benefit is under $20 per month, the insurer can end the contract. The insurer pays the present value of that small benefit using the contract’s assumptions. After payment, the insurer has no further obligation under the contract.

Special rules for contingent deferred annuities

Contingent deferred annuities are exempt from many of the standard minimum‑value rules. The Director of Insurance can set fair nonforfeiture protections for these products by rule. The Director can also require proof and limit reductions tied to equity‑indexed features to keep them fair.

Sponsors & Cosponsors

Sponsor

  • Julie A. Morrison

    Democratic • Senate

Cosponsors

  • Margaret A. DeLaRosa

    Democratic • House

Roll Call Votes

All Roll Calls

Yes: 189 • No: 0

House vote • 5/21/2026

Third Reading - Short Debate - Passed

Yes: 108 • No: 0

House vote • 5/5/2026

Do Pass / Short Debate Insurance Committee;

Yes: 15 • No: 0

Senate vote • 4/16/2026

Third Reading - Passed;

Yes: 57 • No: 0

Senate vote • 3/4/2026

Do Pass Insurance;

Yes: 9 • No: 0

Actions Timeline

  1. Public Act . . . . . . . . . 104-0640

    7/24/2026Senate
  2. Effective Date July 24, 2026

    7/24/2026Senate
  3. Governor Approved

    7/24/2026Senate
  4. Sent to the Governor

    6/18/2026Senate
  5. Passed Both Houses

    5/21/2026Senate
  6. Third Reading - Short Debate - Passed 108-000-000

    5/21/2026House
  7. Placed on Calendar Order of 3rd Reading - Short Debate

    5/19/2026House
  8. Second Reading - Short Debate

    5/19/2026House
  9. Placed on Calendar 2nd Reading - Short Debate

    5/6/2026House
  10. Do Pass / Short Debate Insurance Committee; 015-000-000

    5/5/2026House
  11. Alternate Chief Sponsor Changed to Rep. Margaret A. DeLaRosa

    4/29/2026House
  12. Assigned to Insurance Committee

    4/27/2026House
  13. Referred to Rules Committee

    4/17/2026House
  14. First Reading

    4/17/2026House
  15. Chief House Sponsor Rep. Bob Morgan

    4/17/2026House
  16. Arrived in House

    4/17/2026House
  17. Third Reading - Passed; 057-000-000

    4/16/2026Senate
  18. Placed on Calendar Order of 3rd Reading ** April 15, 2026

    4/14/2026Senate
  19. Placed on Calendar Order of 3rd Reading March 10, 2026

    3/5/2026Senate
  20. Second Reading

    3/5/2026Senate
  21. Placed on Calendar Order of 2nd Reading March 5, 2026

    3/4/2026Senate
  22. Do Pass Insurance; 009-000-000

    3/4/2026Senate
  23. Assigned to Insurance

    2/3/2026Senate
  24. Referred to Assignments

    1/16/2026Senate
  25. First Reading

    1/16/2026Senate

Bill Text

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