ORS 743.298 Penalties, fees or charges; rules

Notwithstanding the provisions of ORS 743.275 to 743.295, the Department of Consumer and Business Services may adopt rules to regulate the penalties, fees or other charges that an insurer imposes for a withdrawal, before maturity or after the owner or annuitant dies, from an individual deferred annuity policy.

In adopting rules under subsection (1) of this section, the department shall consider:

Standards, regulations, rules, policies or guidelines that other states, public and private national organizations and other bodies apply to impositions of the types of penalties, fees or charges described in subsection (1) of this section;

Whether the penalty, fee or charge the insurer imposes is appropriate for and suited to achieving the insurer’s stated purpose in imposing the penalty, fee or charge;

How an insurer calculates the penalty, fee or charge;

The benefits to which the penalty, fee or charge applies;

Whether the insurer could take actions other than imposing a penalty, fee or charge in order to achieve the purpose for which the insurer imposed the penalty, fee or charge;

When insurers may or do not impose penalties, fees or charges for withdrawals before maturity or after the owner or annuitant dies;

Limitations on the amount of the insurer’s penalty, fee or charge; and

Other aspects, facts, circumstances or elements that the department deems relevant.