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INTERMEDIARY BODIES’ SUBMISSION TO PCOF 30 May 2008. Insurance Laws Amendment Bill. REPRESENTATIVES. Jay Ramsunder – Past President FIA (Presenter) Arnold van der Linde – President and Director FIA Chris Busschau – Past President and Director FIA
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INTERMEDIARY BODIES’ SUBMISSION TO PCOF30 May 2008 Insurance Laws Amendment Bill
REPRESENTATIVES • Jay Ramsunder – Past President FIA (Presenter) • Arnold van der Linde – President and Director FIA • Chris Busschau – Past President and Director FIA • Representing the views of FIA, LUASA and the Association of Black Insurance Brokers • Above representing approximately 16 000 intermediaries
FOCUS AREAS • Section 48 of the Short-term Insurance Act • Section 14(7) of the Pension Funds Act • Section 49 of the Long-term Insurance Act and Section 16 of FAIS, other FAIS matters
SALIENT POINTS • Rationale behind amendments to Long Term and Short Term Insurance Acts • Impact on insurance industry and consumer • Necessity for thorough consultation with industry • Historical engagement with National Treasury on industry matters • Object of Bill – organizations and institutions consulted • No consultations • Prejudice to all constituencies • Severe impact on industry and consumers • Time allowed for consultation inadequate • Bill very technical and purpose of changes unclear • Doubts whether will result in improved services
PRESENT SITUATION – SHORT TERM INSURANCE INDUSTRYSECTION 48 OF SHORT TERM INSURANCE ACT • Delivery method by administrators and intermediaries beneficial to quality of product consumer receives • Insurers cannot deliver better quality • Primary delivery channel is corporate and independent intermediaries • Vast majority of products purchased delivered by above channel • Amendments will lead to uneven playing fields • Demise of smaller, competitive enterprises • Suffocate critical means of making products accessible to all consumers • Lack of interaction will result in numerous unintended consequences
PROPOSAL • Immediate postponement of implementing amendments • Appropriate consultation with all stakeholders • Professional and legal opinions sought on interpretation of Bill • Intention of amendments thoroughly debated
SECTION 14(7) PENSION FUNDS ACT • Concerns • Lack of appropriate advice • Impact on consumer • Upfront commission or fees • Collection of fees with consent of client • Trail fees • Supports the view of National Treasury • Remuneration should follow advice
SECTION 49 LONG TERM INSURANCE ACT AND SECTION 16 FAIS • Concerns • Potential conflicts of interest • Agent v brokers • Level playing fields
FAIS AMENDMENTS 14 MAY 2008 • Concerns • Aspects of communication with clients may prove impossible at this stage • “Replacement” disclosures worded very generally – need to do so whenever money moved from a bank account to a financial product?