Counsel – Product

At American Equity we offer leading annuity products that help empower our clients to fulfill their needs and wants in retirement. Our success comes from hiring high-energy individuals who embody the beliefs that drive our unique culture. We currently fund over half a million retirements nationwide, headquartered in Des Moines, Iowa, for over thirty years with satellite offices in Charlotte, NC and New York, NY.

GENERAL PURPOSE OF THE JOB:   

Counsel is responsible for providing in-house legal advice and guidance, with primary focus on the development and filing of retail and institutional annuity products, annuity product distribution, and annuity operations support. This role serves as a strategic legal advisor in support of the company’s product development and distribution initiatives, working under the direction of senior legal leadership.

ESSENTIAL DUTIES AND RESPONSIBILITIES:   

Scope of responsibility in each legal discipline may vary.  Incumbent will provide legal counsel to assigned business units.

Product Development

• Serves as a key legal advisor to product development, actuarial, and compliance teams, including providing legal analysis and risk assessment on product design decisions, filing strategies, and product launch readiness.
• Drafts, reviews, and refines annuity product forms and supporting documentation across retail and institutional product lines, including individual and group annuities.
• Supports regulatory compliance and product filing activities for SEC-registered and non-registered annuity products under applicable state insurance requirements and, when applicable, federal securities laws requirements, including the Securities Act of 1933, the Investment Company Act of 1940, and related SEC rules and guidance.
• Advises on legal and regulatory requirements specific to group annuity contracts, including plan-level documentation, certificate forms, and coordination with ERISA and tax qualification requirements where applicable.
• Provides legal support for institutional annuity products, including funding agreements, guaranteed investment contracts, pension risk transfer transactions, and other institutional solutions.
• Reviews and negotiates index, data, and trademark licensing agreements and related documentation including coordination with product development, actuarial, compliance, and external index providers.

Product Distribution

Drafts, reviews, and negotiates distribution and selling agreements with IMOs, broker-dealers, and other distribution partners.

• Provides legal guidance on producer licensing, appointment, compensation arrangements, and ongoing compliance with producer conduct and oversight requirements.
• Advises on advertising, marketing materials, and sales illustrations for compliance with state insurance regulations and, where applicable, FINRA rules and SEC requirements.
• Monitors and advises on regulatory developments affecting annuity distribution, including state suitability and best interest standards and SEC Regulation Best Interest.

Annuity Operations

• Advises annuity operations teams on contract interpretation and administration of annuity transactions, including surrenders, withdrawals, annuitizations, required minimum distributions, and ownership changes.
• Reviews estate planning and fiduciary authority documents, including trusts, powers of attorney, wills, guardianship and conservatorship documents, and advises on their impact on annuity contract ownership, beneficiary designations, claims, distributions, and administrative processing.
• Supports the handling of claims disputes, including death claims, beneficiary disputes, contestability matters, overpayments, and other collection matters.
• Evaluates, advises, and responds to consumer complaints, disputes, and inquiries, as well as subpoenas and information requests from attorneys and regulators.

Other

• Ensures prudent management of expenses for assigned matters and projects, including budgeting, forecasting, and outside counsel oversight.
• Provides work direction to paralegals as applicable.
• Performs other related work as assigned.

SUPERVISORY RESPONSIBILITIES:

Direct Reports:  None

General Description of Indirect Reports (2 and 3-downs):  None

EDUCATION AND/OR EXPERIENCE:  

Juris Doctorate degree from an ABA accredited law school plus a minimum of five years practicing law within the insurance or financial services industry.

Experience with annuity product development, regulatory filings, or insurance product distribution strongly preferred.

CERTIFICATES, LICENSES, PROFESSIONAL DESIGNATIONS:

Ability to practice law within the U.S. and admitted to the Bar in at least one U.S. state, preferably in the State of Iowa.

KNOWLEDGE, SKILLS AND ABILITIES:    

• Deep familiarity with annuity product development, product distribution, and annuity operations, including state insurance regulatory frameworks and federal securities laws governing registered and non-registered annuity products.
• Demonstrated experience drafting and reviewing complex contracts, product forms, and regulatory filings.
• Exceptional contract drafting, analytical, and legal writing skills.
• Strong risk assessment capabilities with the ability to communicate complex legal concepts clearly to internal stakeholders and frame legal guidance in business-friendly terms.
• Experience with regulatory compliance under the Securities Act of 1933 and related SEC regulations preferred.
• Ability to deliver and prioritize legal services across multiple business units with a solid understanding of insurance company operations.
• Strong organizational and planning skills with the ability to handle pressure and meet deadlines in a fast-paced work environment.
• Clear understanding and adherence to ethical principles, company values, code of conduct, and policies.

This description covers the major purpose and essential functions of the job.  It is not intended to give all details or a step-by-step account of the way each task is to be performed.  Employees may receive other job related instructions and be required to perform other job related work requested by their manager.  All requirements are subject to possible modification to provide reasonable accommodation to qualified individuals with disabilities.

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