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GAO-09-330R 1 (2009-01-30)

handle is hein.gao/gaobadwwt0001 and id is 1 raw text is: 


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T I   IAccountability * Integrity * Reliability
United States Government Accountability Office
Washington, DC 20548

          B-317726


          January 30, 2009

          The Honorable Christopher J. Dodd
          Chairman
          The Honorable Richard C. Shelby
          Ranking Minority Member
          Committee on Banking, Housing, and Urban Affairs
          United States Senate

          The Honorable Barney Frank
          Chairman
          The Honorable Spencer Bachus
          Ranking Minority Member
          Committee on Financial Services
          House of Representatives

          Subject: Securities and Exchange Commission: Indexed Annuities And Certain Other
                  Insurance Contracts

          Pursuant to section 801(a)(2)(A) of title 5, United States Code, this is our report on a
          major rule promulgated by the Securities and Exchange Commission (Commission),
          entitled Indexed Annuities And Certain Other Insurance Contracts (RIN: 3235-
          AK16). We received the rule on January 9, 2009. It was published in the Federal
          Registeras a final rule on January 16, 2009. 73 Fed. Reg. 3138.

          The final rule defines the terms annuity contract and optional annuity contract
          under the Securities Act of 1933. The rule is intended to clarify the status under the
          federal securities laws of indexed annuities, under which payments to the purchaser
          are dependent on the performance of a securities index. The effective date for this
          provision of the rule is January 12, 2011. The final rule also exempts insurance
          companies from filing reports under the Securities Exchange Act of 1934 with
          respect to indexed annuities and other securities that are registered under the
          Securities Act, provided that certain conditions are satisfied, including that the
          securities are regulated under state insurance law, the issuing insurance company
          and its financial condition are subject to supervision and examination by a state
          insurance regulator, and the securities are not publicly traded. The effective date for
          this provision of the rule is May 1, 2009.


GAO-09-330R

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