Tennessee annuity protection at a glance
- Annuity benefit limit
- $250,000
- Present value of qualifying annuity benefits under the applicable proceeding schedule
- Overall benefit cap
- $300,000
- The present schedule generally combines ordinary covered benefit categories under a $300,000 maximum for one life.
- Who provides protection
- Tennessee Life and Health Insurance Guaranty Association
- The Tennessee association may support covered contracts while a member insurer is impaired. After insolvency it must perform the duties assigned by title 56, chapter 12, part 2; ordinary consumer claims are commonly handled after liquidation.
- Insurer requirement
- Member insurer
- The issuer and business line must qualify for membership under the schedule governing the proceeding.
How the $250,000 limit works
For the life measured under today’s schedule, Tennessee recognizes no more than $250,000 of eligible annuity present value, including covered surrender and withdrawal amounts.
Eligible contracts associated with the same life at one affected member insurer share the Tennessee annuity ceiling.
A different member-insurer proceeding receives its own eligibility and limit calculation.
The present schedule generally combines ordinary covered benefit categories under a $300,000 maximum for one life.
- A qualifying Tennessee structured-settlement payee, or the beneficiary succeeding that payee, receives a distinct $250,000 ceiling on annuity present value.
A $300,000 annuity example
Suppose one Tennessee life has a $300,000 covered fixed-contract value at a single insolvent member carrier governed by today’s schedule.
Annuity value
$300,000
Potential protection
$250,000
Possible receivership claim
$50,000
The association portion can reach $250,000. A claimant may file the other $50,000 in the receivership’s policyholder class, but the estate may not pay it in full.
This example uses the current schedule, one life and one member insurer, with no competing covered benefit.
Which annuities are covered?
Fixed annuity
Generally coveredA fixed annuity can qualify when its guarantees and the claimant satisfy the current Tennessee act.
Fixed indexed annuity (FIA)
Generally coveredAn FIA can enter coverage, but Tennessee omits nonguaranteed performance, value above its benchmark, and credits that remain revocable. For a cycle longer than one year, the failure date becomes the scheduled credit date and the resulting amount is treated as vested.
Multi-year guaranteed annuity (MYGA)
Generally coveredA MYGA follows the fixed-deferred contract rules; its promised interest is still screened against Tennessee’s Moody’s-based statutory rate thresholds.
Variable annuity
Guaranteed portions may be coveredSeparate-account value stays outside protection when the contract owner bears the investment risk.
Registered index-linked annuity (RILA)
Contract-specificOnly a RILA obligation guaranteed by the insurer may qualify; the owner’s market or investment risk is generally excluded.
Unallocated annuity contract
Limited situationsAn unallocated annuity is generally excluded, but a benefit specifically guaranteed to an individual falls outside that definition to the extent of the guarantee.
Who may qualify?
- Current law uses the claimant’s residence on the date of the court order determining the member insurer impaired or insolvent; liquidation is the ordinary consumer scenario.
- The legal ceiling is stated with respect to one life. The association FAQ’s contract-owner example is useful shorthand but does not replace that statutory unit.
- A nonresident can use only Tennessee’s limited coordination route for a Tennessee-domiciled member insurer when home-state protection is unavailable.
- The residence-state association is considered before Tennessee responds based on insurer domicile.
- The issuer and business line must qualify for membership under the schedule governing the proceeding.
What is not covered?
- A historical limit cannot be replaced with the current schedule; see the separate older-insolvencies note.
- Nonguaranteed benefits, excess or uncredited index amounts, and market risk borne by the owner remain outside coverage.
- Marketing claims, unapproved side letters or riders, and misrepresentations cannot enlarge the statutory obligation.
- The association does not answer for theories beyond the contract, statutory fines, or indirect and incidental loss.
- An amount above the applicable annuity or aggregate ceiling may be asserted only through the receivership estate.
What happens after an insurer fails?
- 1
The relevant guaranty proceeding selects the schedule
The statutory schedule depends on when the insurer enters the applicable Tennessee association proceeding; the July 1, 2009 cutoff controls the historical annuity amount.
- 2
Impairment allows early support
During impairment and before liquidation, Tennessee permits the association to back, take over, replace, reinsure, or finance the qualifying contracts.
- 3
Insolvency creates mandatory duties
After insolvency, the association must arrange one of the remedies authorized by the act.
- 4
The protected and estate portions are resolved
Covered value can be continued, transferred or paid; an allowable excess remains a claim in the receivership.
How the guaranty system is financed
Member-carrier calls supply Tennessee’s guaranty operations when needed. Class A pays administrative costs, while Class B addresses a particular impairment or insolvency.
- Assessment allocation
- Member insurers
- Applicable Tennessee premium assigns each member’s share within the affected account or subaccount.
- Annual assessment cap
- Defined by state law
- Tennessee limits a calendar-year call for any account or subaccount to 2% of the carrier’s mean covered in-state premium during the three-year lookback ending before the year of impairment or insolvency.
- Premium-tax treatment
- State-specific rule
- A qualifying Tennessee assessment may reduce premium, franchise, excise, or income tax during each of ten years by the lesser of 10% of the assessment or 0.10% of the insurer’s Tennessee premiums for that year.
- Assessment and tax-offset formulas
- Tennessee pairs an account-level 2% assessment cap with a separate ten-year tax-offset formula.
What to know before buying
- Use the current $250,000 figure for a current qualifying proceeding. Older Tennessee insolvencies belong in the separate historical-schedule callout, not in the ordinary buying analysis.
- The guaranty association may not be invoked to induce an insurance purchase.
How state protection differs from FDIC insurance
- What it covers
- State protection: Tennessee insurance law at the failure date controls the association response.
- FDIC: Federal deposit law controls the bank-failure response.
- What system stands behind it
- State protection: Member insurers fund covered obligations through statutory assessments.
- FDIC: Insured banks support the federal deposit fund.
- Coverage-limit basis
- State protection: The annuity amount is tied to one life, one insurer and the governing schedule.
- FDIC: Deposit limits turn on depositor, bank and account ownership.
- Whether it applies to annuities
- State protection: A qualifying Tennessee annuity may receive protection under its governing schedule.
- FDIC: The annuity receives no FDIC insurance.
Sources and last verified
- Justia: Tennessee Code § 56-12-203. Accessed September 17, 2026.
- Justia: Tennessee Code § 56-12-204. Accessed September 17, 2026.
- Justia: Tennessee Code § 56-12-207. Accessed September 17, 2026.
- Justia: Tennessee Code § 56-12-208. Accessed September 17, 2026.
- Justia: Tennessee Code § 56-12-212. Accessed September 17, 2026.
- Justia: Tennessee Code § 56-12-218. Accessed August 15, 2026.
- Justia: Tennessee Code § 56-12-204, 2010 edition. Accessed August 15, 2026.
- Justia: Tennessee guaranty-act part index. Accessed August 15, 2026.
- Tennessee Secretary of State: Tennessee Public Chapter 713. Accessed August 15, 2026.
- Tennessee Life and Health Insurance Guaranty Association: Tennessee Life and Health Insurance Guaranty Association FAQ. Accessed August 15, 2026.
- Tennessee Life and Health Insurance Guaranty Association: Tennessee Guaranty Association consumer notice. Accessed September 17, 2026.
- Tennessee Life and Health Insurance Guaranty Association: Tennessee Life and Health Insurance Guaranty Association Receiverships. Accessed August 15, 2026.
- National Organization of Life & Health Insurance Guaranty Associations: NOLHGA — How You’re Protected (data as of June 1, 2025). Accessed August 15, 2026.
- Federal Deposit Insurance Corporation: Deposit Insurance FAQs (data as of April 1, 2024). Accessed August 20, 2026.
Last verified: September 17, 2026