26.1-34.2-03.1. Producer training

26.1-34.2-03.1. Producer training

1. A producer may not solicit the sale of an annuity product unless the producer has

adequate knowledge of the product to recommend the annuity and the producer is in

compliance with the insurer's standards for product training. A producer may rely on

insurer-provided product-specific training standards and materials to comply with this

subsection.

2. a. A producer who engages in the sale of annuity products shall complete a

one-time, four-hour training course.

b. The training required under this subsection must include information on the

following topics:

(1) The types of annuities and various classifications of annuities;

(2) Identification of the parties to an annuity;

(3) How fixed, variable, and indexed annuity contract provisions affect

consumers;

(4) The application of income taxation of qualified and nonqualified annuities;

(5) The primary uses of annuities; and

(6) Appropriate standards of conduct, sales practices, replacement, and

disclosure requirements.

c. Providers of courses intended to comply with this subsection shall cover all topics

listed in the prescribed outline and may not present any marketing information or

provide training on sales techniques or provide specific information about a

particular insurer's products. Additional topics may be offered in conjunction with

and in addition to the required outline.

d. A producer who has completed an annuity training course approved by the

insurance department before January 1, 2022, within six months after such date,

shall complete either:

(1) A new four-credit training course approved by the insurance department

after January 1, 2022; or

(2) An additional one-time, one-credit training course approved by the

insurance department and provided by an insurance department-approved

education provider on appropriate sales practices, replacement, and

disclosure requirements under this chapter.

e. Providers of annuity training shall issue certificates of completion.

f. The satisfaction of the training requirements of another state which are

substantially similar to the provisions of this subsection are deemed to satisfy the

training requirements of this subsection in this state.

g. The satisfaction of the components of the training requirements of a course with

components substantially similar to the provisions of this subsection is deemed to

satisfy the training requirements of this subsection in this state.

h. An insurer shall verify that the producer has completed the annuity training

course required under this subsection before allowing the producer to sell an

annuity product for that insurer. An insurer may satisfy the insurer's responsibility

under this subsection by obtaining certificates of completion of the training course

or obtaining reports from a reasonably reliable commercial database vendor that

has a reporting arrangement with insurance education providers.