News

Filers can now file group annuity forms for use with other than employer groups with the Compact for review and approval. The resources for filers to reference in filing products for use with non-employer groups are:

• Filing Information Notice 2025-1, Process for Group Filings Being Used for Non-Employer Groups

• Operating Procedure for the Use of Compact-Approved Products for Other than Employer Groups

For filings utilizing NEGs and submitted after April 6, 2026, ensure the Filing Type "Group Policy Forms - NEG" is chosen.  This filing type is required to be selected when the material in the filing will be used for non-employer groups to any extent, even in combination with employer groups. This ensures that the correct submission requirements are generated, so compliance is achieved with respect to those requirements. If this filing type is not chosen, the filer will be required to re-file under the correct filing type of "Group Policy Forms - NEG".

For Compact group annuity filings approved prior to April 6, 2026, the filing can be reopened to make the necessary updates to document compliance with the additional submission requirements for non-employer groups.  Forms are not permitted to be revised for this purpose.  If form revisions are required to accommodate NEGs, a refiling is required.  To document NEG submission requirement compliance in approved filings, submit a Note to Reviewer in the approved filing requesting that the filing be reopened for the purpose of making non-employer group updates.  Once the filing is reopened, the following submission requirements must be satisfied:

1. Description of Group:  the filing shall be documented to describe the type of groups that will be issued this product, such as association, labor union, or trust. Each type of group should be named; avoid catch-all terms such as “other” or “as may be determined.” The reason for specificity is that each type of group applicable to the product must fall within the applicable definition(s) and requirements for group type under the law(s) in the Compacting State(s).
    

2. Acknowledgment:  provide an acknowledgment in the filing under Additional Supporting Documents that approval by the Commission of the product filing shall not be deemed as approval that the type of group meets the definition of an Employer Group or Non-Employer Group in Section 102 of the Compact’s Operating Procedure for the Use of Compact-Approved Products for other than Employer Groups. The Compacting State exclusively determines whether a group fits the definition of an Employer Group or Non-Employer Group, governed by applicable law in the jurisdiction where the policy or certificate is delivered or issued for delivery. A Non-Employer Group must be approved or permitted by the Compacting State as required under their respective applicable state laws and procedures before the forms in this  product filing may be issued to a Non-Employer Group in the respective Compacting State.
   
   Note: The acknowledgement requirement must be satisfied even if a specific group to which the product will be offered is not known upon filing submission.
    

3. Listing of Specific Groups:  if a Compacting state listed in the approved filing requires prior approval of a specific group(s), the following information for each specific group shall be included in this listing.  State, Name of Specific Group, Type of Group, SERFF Tracking Number (if applicable), and Date of Filing with or Approval by Compacting State (if no SERFF tracking information provided).  
    

4. Certification:  a certification signed by a company officer that certifies the eligibility of specific groups to be issued the product/forms in the product filing meets the definitions and requirements of each applicable Compacting State included in the filing. The company further certifies the Compact-approved product will not be issued to a specific group unless it has met the definitions and requirements of each applicable Compacting State. The company certifies it will keep its Specific Group Listing updated within 90 days of action by the Compacting State, if applicable.
   
   Note: The Certification requirement must be satisfied even if no specific group is listed under Item 3 upon filing submission.

Again, for Compact group annuity filings submitted after April 6, 2026, the filing cannot be re-opened for the purpose of extending NEG usage.  A new filing for this purpose will be required.