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Surrender Charge

A surrender charge is a fee an insurer deducts when a contract holder takes money out of an annuity or a cash-value life policy early. It is a sales charge collected on the way out rather than on the way in, and it falls to zero once the contract's schedule expires.

Last reviewed by Steven Fox, CFP®, EA on

Quick Summary

  • The charge is contingent. It is only ever paid by someone who leaves early, which is why the same fee is called a contingent deferred sales charge on a mutual fund.
  • It is a percentage of what is taken out, and the percentage usually falls each year until the surrender charge period ends.
  • A market value adjustment is a separate deduction that is not a surrender charge, and unlike one it can move in either direction.
  • Most contracts waive the charge in defined circumstances, commonly death, and the waivers are contract terms rather than law.
  • The free look period after delivery is the cheapest exit, but what comes back is either the money paid or the current account value depending on the state.

Definition

A surrender charge is an amount an insurance company deducts from a contract's value when the owner withdraws more than the contract permits, or terminates the contract, within a defined period after purchase. It applies to deferred annuities and to cash-value life insurance, and it is sometimes called a surrender fee or, on a mutual fund, a contingent deferred sales charge. The charge is contingent in the sense that it is only ever paid by someone who leaves early: a contract held past the end of its schedule never incurs it.

The alternative name is the clearest statement of what it is. On a mutual fund the same feature is called a contingent deferred sales charge, and the Securities and Exchange Commission describes the annuity version as a type of sales charge. The National Association of Insurance Commissioners puts the purpose more broadly in its own buyer's guide: an annuity's fees and charges "help cover the insurer's costs to sell and manage the annuity and pay benefits." So the charge is not a penalty for misbehavior and it is not priced as one. It is a sales charge that a buyer who stays never pays and a buyer who leaves early does.

Advanced Explanation

The shape of the schedule is the part that is actually disclosed. The charge is a percentage of the amount taken out, and that percentage usually steps down each year until the surrender charge period ends, at which point it is gone. A commonly illustrated pattern runs 7 percent in the first year, 6 in the second, 5 in the third and so on, and surrender periods of six to eight years are ordinary with some running to ten. Two contracts can therefore be identical on the credited rate and completely different on how long the money is committed, and the schedule is the disclosed measure of that difference. It belongs beside the rate in any comparison rather than in the small print.

A market value adjustment is a different deduction and is regularly confused with this one. Some contracts, particularly those guaranteeing a rate for a fixed term, apply an adjustment on an early exit that reflects what has happened to interest rates since the contract was issued. The insurer bought bonds to back the guarantee; if rates have risen, those bonds are worth less than they were, and the adjustment passes that loss to the departing contract holder. The difference that matters is direction. A surrender charge can only reduce what you receive. A market value adjustment can increase it, and does when rates have fallen since issue, because the backing assets are then worth more. The two are separate line items, they are computed differently, and a contract can apply both at once. There is no standard formula: every market value adjustment is calculated differently, so the direction is predictable and the size is only knowable from the contract.

Waivers are contract terms rather than law, and looking for them is standard advice. The insurance commissioners' own buyer's guide tells a purchaser to look in the contract and the disclosure or prospectus for waivers of the charge on defined events, giving death as its example, alongside the right to take out a small amount each year without paying it. Contracts commonly go further and waive the charge on a diagnosis of terminal illness or on extended confinement in a nursing home or similar facility, and some do so on disability or on annuitizing into a lifetime income stream. Which of these apply, what evidence they require, and whether any waiting period runs before they become available are all set by the contract and by the state that approved it. They are worth reading before purchase precisely because they cover the events most likely to change someone's plans.

The free look period is the cheapest exit, and what comes back is not the same everywhere. Many states give a purchaser a set number of days after the contract is delivered to change their mind and return it, commonly somewhere between ten and thirty days, with the exact window set by state law and by product type. Two details decide whether it helps. It runs from delivery rather than from the application, so the date the contract arrived is the one that matters. And the refund is not uniform: depending on the state, a purchaser gets back either everything they paid or the current account value, which on a contract whose value can fall is not the same thing. The contract and the disclosure are required to state the window prominently, which makes it one of the easier terms to find.

Exchanging one contract for another is where these charges do the most damage, and the securities rules say so in terms. FINRA Rule 2330, which governs recommendations of deferred variable annuities, requires a firm recommending an exchange to consider whether the customer "would incur a surrender charge, be subject to the commencement of a new surrender period, lose existing benefits (such as death, living, or other contractual benefits), or be subject to increased fees or charges." Three separate costs sit in that sentence: paying to leave, starting a fresh schedule on the new contract, and giving up features that were priced into the old one. The same rule requires the firm to consider whether the customer has exchanged another deferred variable annuity within the preceding 36 months, which is how a pattern of repeated exchanges becomes visible. The rule reaches deferred variable annuities, which are securities; fixed and indexed contracts are regulated by state insurance departments instead, so the analysis is sound advice there rather than a rule.

The same charge exists outside annuities. A cash-value life insurance policy surrendered in its early years typically returns much less than the premiums paid, and a surrender charge is one of the reasons, alongside the cost of the insurance itself. On mutual funds the equivalent is a contingent deferred sales charge, applied to shares sold within a stated number of years of purchase and declining over time. The common structure across all three is a sales charge that falls on the investor who leaves early rather than on everyone at the point of purchase.

How to Remember

It is a sales charge billed on the way out instead of on the way in. Stay to the end of the schedule and you never pay it; leave early and you pay a percentage that gets smaller every year you waited.

Used in a Sentence

“The contract's surrender charge fell by one percentage point a year, so Owen compared the cost of leaving in year four against simply waiting two more years for the schedule to expire.”

How It Works

A contract is issued with a schedule of charges attached, applying to withdrawals above whatever the contract lets you take each year without charge and to a full termination. The charge is a percentage of the amount withdrawn, it declines each year, and it eventually reaches zero, after which the contract can be exited without it. The mechanics of that schedule, the annual free withdrawal, and the tax treatment of what comes out belong to the annuity entries that cover them.

What a comparison actually reveals. Consider two fixed contracts offered to the same buyer on the same day at the same credited rate. One carries a three-year schedule; the other carries a ten-year schedule. The credited rate is identical, so from the buyer's side the contracts look interchangeable and the natural conclusion is that the schedule is simply a term to live with.

They are not interchangeable, because they are not the same commitment. The second contract asks the buyer to give up access for seven more years, or to pay for the privilege of not doing so, in exchange for the same credited rate. That is the whole of the difference and it is a real one, because the events that force an early exit — a move, a health change, a better rate available elsewhere — are not knowable at the point of sale. So the schedule is not a detail of the pricing; on two contracts paying the same rate it is the pricing. A buyer who would not accept a ten-year lock-up in any other part of their finances should not accept it here because it appeared in a table rather than in the pitch.

A separate check belongs in the same conversation: whether the contract also carries a market value adjustment. If it does, the exit cost has two moving parts rather than one, and the second is driven by interest rates rather than by how long the contract has been held.

Pros and Cons

What the charge does for the contract

  • It lets the insurer offer a higher credited rate or a stronger guarantee than it could if every contract might terminate at any moment, because it can invest for a known period.
  • It is contingent: a buyer who holds the contract as intended never pays it, unlike a fee deducted every year.
  • It declines on a published schedule, so the cost of leaving is knowable in advance for every year rather than being at the insurer's discretion.
  • Waivers commonly cover several of the events that would otherwise force an early exit, beginning with death.

What it costs the owner

  • It converts the contract into an illiquid asset for years, at a time of life when circumstances frequently change faster than a ten-year schedule.
  • The commitment it imposes is not reflected in the credited rate, so two contracts quoting the same rate can be very different products.
  • Exchanging into a new contract can trigger the old charge and start a fresh schedule at the same time, so the lock-up resets.
  • A market value adjustment can sit on top of it, and in a period of rising rates that adjustment can be the larger of the two.
  • Cash-value life insurance carries the same feature, which is a large part of why an early surrender returns so much less than the premiums paid.

People Also Asked

Answers to the most frequently asked questions.

Why do annuities have surrender charges at all?
Because the charge is a sales charge collected on the way out rather than deducted from the premium on the way in. The insurance commissioners' own buyer's guide describes an annuity's fees and charges as helping to cover the insurer's costs to sell and manage the contract and to pay benefits, and the same feature on a mutual fund is called a contingent deferred sales charge for exactly that reason. It is not a penalty for misbehavior, which is why it declines each year and why a contract held to the end of its schedule never pays one at all.
What is a market value adjustment, and is it a surrender charge?
It is a separate deduction and it is not a surrender charge. Where a contract guarantees a rate for a fixed term, the insurer buys bonds to back the guarantee. An early exit forces those assets to be valued, and the adjustment passes the result to the contract holder. The important difference is that it can run in either direction: if interest rates have risen since issue it reduces what you receive, and if they have fallen it increases it. A contract can apply both a surrender charge and a market value adjustment on the same exit.
Can a surrender charge be waived?
Frequently, yes, but by the contract rather than by law. Most contracts waive the charge on death, so a beneficiary receives the value without it, and many also waive it on terminal illness, on extended confinement in a nursing home, and sometimes on disability or on converting to a lifetime income stream. Which waivers apply, what proof they require and whether any waiting period runs first all differ by contract and by state, so they are worth reading before purchase rather than after a diagnosis.
How do I get out of a contract I have just bought?
Use the free look period, which is the cheapest exit available. Many states give a purchaser a set number of days after the contract is delivered, commonly somewhere between ten and thirty, to return it without a surrender charge. Two details govern. It runs from delivery rather than from when you applied, so the date the contract arrived is the one that matters. And what you get back depends on the state: in some you receive everything you paid, and in others the current account value, which on a contract whose value can move is not the same figure. After the window closes, the schedule governs.
Do mutual funds and life insurance have surrender charges too?
Cash-value life insurance does, and it is one of the reasons surrendering a policy in its early years returns far less than the premiums paid, alongside the cost of the insurance itself. Mutual funds have a close equivalent called a contingent deferred sales charge, applied to shares sold within a stated number of years of purchase and declining over time. The shared name is the point: all three are sales charges structured so that they fall on an investor who leaves early rather than on everyone at the outset.

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