5.2 Pennsylvania Annuity Disclosure Requirements

Key Takeaways

  • Pennsylvania requires delivery of the NAIC Annuity Buyer's Guide and a disclosure document at or before application.
  • The standard annuity free look (right to an unconditional refund) is 10 days; replacement annuities carry a 20-day unconditional refund under 31 Pa. Code Ch. 81.
  • All surrender charges, fees, and limitations must be disclosed in writing before purchase, with guaranteed and non-guaranteed elements clearly distinguished.
  • Producers must disclose their role and cash/non-cash compensation in writing under the best interest disclosure obligation.
  • Replacement transactions require a comparison and the Chapter 81 replacement notice signed by the consumer.
Last updated: June 2026

Buyer's Guide and Disclosure Document

For any annuity recommendation, the producer must deliver two consumer documents — the NAIC Annuity Buyer's Guide and an annuity disclosure document describing the specific contract — at or before the time of application.

Sale typeBuyer's Guide delivery
Standard application saleAt or before application
ReplacementBefore the application is accepted
Direct-response (mail/online)With the policy when no producer is involved

The Buyer's Guide is generic education: how annuities work, fixed vs. variable vs. indexed types, how interest is credited, surrender charges, tax treatment, and questions to ask. The disclosure document is contract-specific and must state the guaranteed and non-guaranteed elements, the surrender schedule, fees, and any market-value adjustment.

Fee and Surrender-Charge Disclosure

All costs must be disclosed in writing before purchase. The most heavily tested item is the surrender charge.

Fee typeWhat must be disclosed
Surrender chargesFull percentage schedule and the number of years it runs
Administrative / contract feesAnnual flat or asset-based charge
Mortality & expense (M&E)For variable annuities
Subaccount / investment feesUnderlying fund expenses (variable)
Rider chargesCost of optional living/death benefit riders

A typical fixed deferred annuity surrender schedule declines over time, e.g., 7% in year 1, then 6, 5, 4, 3, 2, 1, then 0% after year 7. The contract usually allows a free withdrawal (often up to 10% of value per year) without a charge. Worked example: a consumer with a $100,000 contract in surrender year 3 (5%) who withdraws $30,000 may take 10% ($10,000) free, and the remaining $20,000 incurs a 5% charge = $1,000. Failing to disclose this schedule is a serious violation.

Exam tip: Under the best interest disclosure obligation, the producer must also give a written statement of their role, the products/insurers they can offer, and the cash and non-cash compensation they receive — not just the contract fees.

Free Look / Unconditional Refund

Pennsylvania gives the consumer a right to return the contract for a full refund of premium during a free look (also called the unconditional-refund period). The period begins on the date the policy is delivered.

SituationPeriodSource
Standard new annuity10 days31 Pa. Code policy-provision rules
Replacement annuity or life policy20 days31 Pa. Code § 81.6(d), Ch. 81

There is no separate, longer statutory free look that lengthens to 30 days for annuity buyers age 65+ in Pennsylvania — that 30-day figure belongs to other states (for example, California) and is a frequent exam distractor. During the Pennsylvania free look the consumer may return the annuity, no questions asked, and receive a full refund of premium with no surrender charges or fees deducted (for variable contracts the refund may equal account value if a market-loss provision applies).

Common trap: Memorize 10 days standard / 20 days on a replacement. If a question describes a senior buyer, the period does not automatically jump to 30 days in Pennsylvania.

Guaranteed vs. Non-Guaranteed Elements

Every illustration and disclosure must clearly separate what is promised from what is projected.

Element typeExamples
GuaranteedMinimum guaranteed interest rate; minimum guaranteed surrender value; guaranteed death benefit
Non-guaranteedCurrent crediting rate; bonus rates; index participation/cap rates that can change
Assumed / hypotheticalProjected account values based on assumed returns

Non-guaranteed and assumed figures must be labeled as such, and projections may not be presented as if guaranteed.

Replacement Disclosures

A replacement triggers extra protection under 31 Pa. Code Chapter 81. The producer must:

  • Provide a Notice Regarding Replacement signed and dated by the applicant.
  • Furnish a comparison of the existing and proposed contracts (values, benefits lost, surrender charges, new surrender period, tax consequences).
  • Give the existing insurer the chance to conserve the business.

The replacement notice must show the 20-day unconditional refund right. A producer who 'churns' contracts — replacing to generate commissions without consumer benefit — violates both the replacement rules and the best interest standard.

Tax-Disclosure Points the Exam Tests

Annuity disclosures intersect with federal tax rules the Pennsylvania exam expects you to know and convey accurately:

Tax pointWhat to disclose
Tax deferralEarnings grow tax-deferred until withdrawal; this is the annuity's core selling point
Ordinary incomeGains are taxed as ordinary income (LIFO — earnings out first), not capital gains
10% penaltyWithdrawals before age 59 1/2 generally incur a 10% IRS penalty on the gain
1035 exchangeA like-kind annuity-to-annuity exchange can be tax-free, but a NEW surrender period and charges may still apply

A producer who pitches "tax-free growth" is misrepresenting the product — growth is tax-deferred, not tax-free. On a replacement, the disclosure must explain that a Section 1035 exchange avoids current tax but does not avoid a fresh surrender schedule. Worked example: a consumer exchanges a contract that just exited its surrender period into a new annuity with a 7-year schedule. The transaction may be tax-neutral, yet it re-locks the funds for seven years — a fact that must be disclosed and weighed in the best interest analysis.

Indexed and Variable Annuity Disclosure Add-Ons

Product type changes the disclosure burden:

  • Fixed indexed annuities — must disclose the participation rate, cap rate, and spread/margin, and that these can be changed by the insurer at renewal, plus any market-value adjustment.
  • Variable annuities — require a prospectus, disclosure of subaccount risk (the consumer can lose principal), M&E charges, and the difference between the contract value and any guaranteed living-benefit base.

Exam tip: The single most-tested disclosure failure is an undisclosed or misexplained surrender charge. The second is presenting non-guaranteed index caps or current rates as if they were guaranteed. Anchor both to written, pre-purchase disclosure.

Test Your Knowledge

When must the NAIC Annuity Buyer's Guide be provided in Pennsylvania?

A
B
C
D
Test Your Knowledge

What is the unconditional refund (free look) period for a REPLACEMENT annuity in Pennsylvania?

A
B
C
D
Test Your Knowledge

A consumer with a $100,000 fixed annuity in surrender year 3 (5% charge, 10% free-withdrawal allowance) withdraws $30,000. What surrender charge applies?

A
B
C
D
Test Your Knowledge

In a Pennsylvania annuity illustration, which element must be labeled non-guaranteed?

A
B
C
D
Test Your Knowledge

Beyond contract fees, what must a Pennsylvania producer disclose in writing under the best interest disclosure obligation?

A
B
C
D