Corabelle's deferred variable annuity has a 210,000 dollar contract value and a surrender charge schedule now in its third year at 5%. The prospectus also provides a free withdrawal amount of 10% of contract value each contract year. She withdraws 21,000 dollars. What surrender charge applies?
- A.None, because surrender charges may not be imposed after the second contract year under FINRA rulesNo rule caps the surrender period at two years. Schedules commonly run six to eight years; the correct reason here is the free withdrawal amount.
- B.1,050 dollars, which is 5% of the 21,000 dollar withdrawalThis applies the schedule rate to the whole withdrawal and ignores the free withdrawal provision the prospectus grants.
- C.10,500 dollars, which is 5% of the full 210,000 dollar contract valueSurrender charges apply to amounts withdrawn, not to the entire contract value, unless the contract is fully surrendered.
- D.None, because the withdrawal exactly equals the 10% free withdrawal amount, though the distribution may still be taxable and penalizedCorrect. The free withdrawal corridor shields the entire 21,000 dollars from the surrender charge; income tax and any early-distribution penalty are separate questions.
Why: Most deferred annuities permit a stated percentage of contract value to be withdrawn each year without triggering the surrender charge. Corabelle's 21,000 dollar withdrawal is exactly 10% of 210,000 dollars, so it falls entirely inside the free withdrawal amount and no surrender charge is assessed. Anything above the free amount would be charged at the current 5% schedule rate. Separately, the withdrawal is still taxed last-in first-out and may face a 10% tax penalty depending on her age. The clue is the match between the withdrawal and the free withdrawal percentage. Review: annuity surrender charges. Trap: assuming any withdrawal during the surrender period is charged.