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LIFE INSURANCE l ANNUITIES l HEALTHCARE l IN CALIFORNIA l FINANCIAL PLANNING l EMPLOYEE BENEFITS INDUSTRY NEWS l NEW PRODUCTS
LIFE INSURANCE
Life Insurance Seen as Vital to Financial Planning
Four out of five financial advisors say life insurance is an important part of a financial plan, according to a recent survey by Protective Life. More than half say annuities are an important part of a financial plan. Two-thirds plan to sell more life insurance and annuities in the coming two years. In addition, 76% of these advisors said that it is beneficial to have a life insurance product that provides a systematic stream of guaranteed income to beneficiaries upon the client’s death. Those surveyed said 94% of their clients are concerned about providing for income in retirement. Seventy-three percent of advisors selling variable annuities recommend them to those with living benefits to help address this need. For more information, visit www.protective.com.
ANNUITIES
Rep. Barney Frank Blasts SEC's Annuities Rule
House Financial Services Committee Chairman Barney Frank (D-MA) released the following statement on the adoption of a final SEC rule that defines certain types of equity-indexed annuities as securities, “I regret the fact that the SEC has moved ahead in the very last days of an outgoing administration on something this controversial. The President has earlier said he was going to urge that last minute rules of this sort will not go forward and it is a disservice to the important interests involved here to issue a midnight ruling of this sort. I urged the Chairman of the SEC to withhold and I am very sorry that he did not respond to a large number of requests to defer action until a new administration can deal with it.”
Did the SEC Ignore Congressional, State, and Industry Opposition?
The Coalition for Indexed Products issued a statement expressing deep disappointment in the Security and Exchange Commission's decision to pursue Proposed Rule 151A, which would require all indexed annuities to be registered as securities. A letter signed by 19 members of Congress -- including several on the House Financial Services Committee -- was recently sent to SEC Commissioners expressing opposition to the proposed rule. It said that Proposed Rule 151A would reduce product availability and consumer choice and place the cost of the regulation squarely on the shoulders of consumers.
Other high profile opponents include the National Association of Insurance Commissioners, the National Conference of Insurance Legislators, and a number of Congressional members who wrote separate letters to the SEC. “The SEC's action appears to ignore the thousands of comments filed against this misguided proposal. It is concerning that the SEC continues to see this issue as a priority in the middle of arguably the most severe financial crisis since World War II. The Commission seems content to eliminate millions in market capital from the insurance industry based on highly questionable suppositions,” said Jim Poolman, a spokesman for the Coalition and former North Dakota Insurance Commissioner.
Third Quarter Variable Annuity Sales
The combined net assets of U.S. variable annuities decreased 7.9% to $1.3 trillion at the end of the third quarter compared with the end of the second quarter of 2008. Net assets decreased by 13.2% relative to the third quarter one year ago, according to a report by the Association for Insured Retirement Solutions (NAVA).
NAVA said that an annuity is a critical component of a retirement plan because people are living longer, traditional sources of retirement income (pensions and Social Security) are declining, and the responsibility of retirement funding is shifting to the individual.
Variable annuity total sales for the third quarter were $37.8 billion, an 18% decrease from the third quarter of 2007. Third quarter net sales of $4.9 billion showed a decrease of 47% from third quarter 2007 net sales of $9.4 billion. The mix in premiums for the third quarter showed that 66% of the total sales were in qualified plans and 34% were in non-qualified plans.
Total sales for the first nine months of 2008 were $121.4 billion -- a 9.6% decrease from the prior year’s nine-month sales of $134.4 billion. Cumulative net sales were $19.7 billion for the first nine months of 2008. This reflects a 19.6% decrease in cumulative net sales as compared with the first nine months of last year. For more information, visit NAVA.org.
HEALTHCARE
Health Plan Executives Predict the Effect of the Economic Downturn
Fifty-four percent of health plan executives expect small group/business plan renewal to decrease as businesses fail and other market pressures force small companies to eliminate health coverage for employees, according to a survey by CSC. Large employers are expected to maintain their commitment to group health insurance coverage; less than 31% of health plan executives expect a decrease in large group plan renewals.
Almost three-quarters foresee an increase in consumer-directed plans with higher deductibles and lower premiums as employers shift more of the cost to their employees. Nearly two-thirds expect an increase in government program enrollment as economic disruption and unemployment expand welfare participation.
Fewer than 15% of health plan executives predict significant layoffs or other cutbacks in their immediate future. Cost-cutting efforts will remain a top priority, according to almost 50% of those surveyed as will projects directed at growth in selected market segments.
Plan executives are also concerned about their provider networks where the effects of unemployment and economic dislocation are felt almost immediately. Seventy-three percent expect cash flow difficulties among their affiliated providers and 54% foresee the economy affecting the access and availability of some provider networks.
Deward Watts, president of CSC's Global Healthcare Sector said, “The credit crisis, exacerbated by rising unemployment, is decreasing access to healthcare around the country. As businesses look to reduce costs, many will choose products that shift financial responsibility to employees and others will choose to drop health benefits altogether. To remain competitive and grow, health plans must act quickly to design products and implement programs to meet the needs of these new consumers, and to meet the product and benefit requirements of employers, their traditional customers.” For more information, visit www.csc.com/health_plan_survey.
Aetna to Cut 1,000 Jobs
Aetna will reduce its workforce by about 1,000 positions, which amounts to less than 3% of its employees. “These actions will reduce our operating costs and allow us to manage through the economic downturn from a position of strength. The fundamentals of our business are solid, and we continue to win in the marketplace. While changes like this are never easy, they will help us maintain our strong competitiveness and ensure our continuing success,” said Ronald A. Williams, chairman and CEO.
Americans Are Stretching Their Drug Prescriptions
One out of five adults who used long-term prescribed medication in the past three months has reduced the dosage or taken it less often than prescribed, according to a study by International Communications Research.
About one in 10 patients who take critical medications that must be injected by a health professional have figured out ways to stretch out these often very expensive doctor recommended prescriptions. The most common reasons for stretching prescriptions are the financial climate, insurance coverage gaps, and medication co-pays. For more information visit, www.icrsurvey.com.
IN CALIFORNIA San Francisco Federal Court Halts Sales of Tax Schemes
A San Francisco federal judge ordered Edwin Lichtig III and his Walnut Creek, Calif.-based firm, GSL Advisory Solutions, to stop promoting unlawful tax schemes. The defendants agreed to the permanent injunction order without admitting the government's allegations against them. The United States sued Lichtig and GSL alleging that they promoted tax fraud schemes involving IRAs that helped customers improperly avoid federal income tax on more than $25 million. “Stopping tax fraud schemes involving misuse of retirement accounts is a high priority for the Justice Department's Tax Division. Since 2001, the Division has obtained injunctions against more than 360 tax return preparers and tax-fraud promoters,” said Nathan Hochman, Assistant Attorney General for the Tax Division.
According to the federal suit, Lichtig, a Lafayette, Calif., insurance salesman, promoted a scheme called “Pension Asset Transfer,” which helped customers avoid income tax on untaxed assets held in their IRAs through a series of transactions with sham businesses, self-employed retirement accounts, and understatements of the value of life insurance policies. According to the government, a second scheme, called “Financed Roth Conversion Strategy,” helped customers use annuities to transfer funds from their traditional IRAs to Roth IRAs without paying the proper amount of tax that is imposed on such transfers.
FINANCIAL PLANNING ASPPA Applauds Pension Relief Measures
Congress passed the Worker, Retiree and Employer Recovery Act of 2008 (H.R. 7327). The act will become law when the president signs the legislation, which is expected soon. It will enable pension plan sponsors to adjust to the market downturn. The bill includes important short-term provisions for management relief during the market downturn. Brian Graff, director of the American Society of Pension Professionals & Actuaries said the legislation would enable pension and retirement plan management professionals to help retired Americans cope with economic conditions. For more information, visit www.asppa.org
Financial Advisors Scramble to Adjust to New Market Reality
Most advisors fear that their clients’ retirement security has been severely jeopardized by ongoing market deterioration, according to a survey by Brinker Capital. At the beginning of this year, 46% said their clients were still on track to a timely retirement. But 88% of advisors now say their clients are off target for a timely retirement, largely due to market depreciation. Of these respondents, 74% said it would take between one and five years to make up the retirement savings shortfall. As to the reasons for being off-track, 97% cited market depreciation, 51% said their clients didn’t start saving soon enough, and 47% cited their clients' general procrastination.
Sixty-five percent of advisors said that their clients have become more vocal and involved in the investment process. Forty-four percent of advisors say more clients are tapping into their retirement savings to provide liquidity for the near-term. Sixty seven percent said that the proposed full fee disclosure regulations are needed with respect to qualified plans.
Seventy five percent of advisors see a disconnect between their clients’ responses on their risk tolerance questionnaires and the level of risk they are willing to take today. Seventy-six percent said that there should be a reassessment of the way clients’ risk tolerance is measured. Seventy-four percent said the government should not mandate employee and employer participation in 401(k)s. Ninety-two percent of advisors said government should stay out of the management of 401(k)s. For more information, visit www.brinkercapital.com.
403(b) Plan Design is a Key Concern
Plan sponsors say plan design is a key concern for 403(b)s in light of final regulations that go into affect January 1, according to a survey by the Profit Sharing/401k Council of America. Forty-one percent say they need to make changes to their 403(b) plan to comply with new regulations.
On July 23, 2007, the Treasury Department and the IRS released final regulations under section 403(b) of the Internal Revenue Code of 1986. The final regulations will require more employer involvement in the documentation and operation of 403(b) arrangements.
The general effective date is January 1, 2009. MetLife provides a clear explanation of these regulations on its website www.metlife.com/Applications/Corporate/WPS/CDA/PageGenerator/0,4773,P20675,00.html.
More than 10% are unsure of their plan’s ERISA status, which presents a challenge with 403(b) plans especially in light of changing Form 5500 and audit requirements. Fifty-three percent of 403(b) plans offer a generous match of one dollar or more for every dollar employees contribute. In comparison, only 36.2% of for-profit companies offer the same amount. PSCA says that, as plan sponsors struggle with the new regulations, financial advisors have a greater opportunity to help. For more information, visit www.psca.org.
EMPLOYEE BENEFITS
Baby Boomers Don’t Pass On Wisdom About Benefits
As their Generation Y kids (ages 18 to 30) enter the workforce, Baby Boomers are not talking to them about the importance of employee benefits, according to a study conducted by Harris Interactive for Unum. In fact, more have discussed how to buy a car than how workplace benefits can protect financial security. Forty-three of Generation Y kids are not familiar with supplemental health coverage; 52% are not familiar with critical illness insurance; and 35% are not familiar with disability insurance. However, 76% of employed Baby Boomers and 68% of generation Y workers say the workplace is among their most reliable sources of information about benefits. Sixty-percent of generation Y employees say parents and family are among their most reliable sources for this information. For more information, visit www.unum.com.
INDUSTRY NEWS Expert Calls for Regulatory Reform
To prevent financial panic, the government needs a system to curtail speculative excesses, according to a commentary by James VanHorne of the Stanford Graduate School of Business.
VanHorne said that it is time for substantial regulatory changes in the American financial system. Regulatory authorities overseeing the financial services industry should be consolidated. He said that the SEC should not regulate investment banks and others because it has proven to be inept. Its responsibilities should be limited to overseeing the disclosure of information to investors on new securities along with oversight of mutual funds. The FDIC should continue its present role as should the Fed under its new expanded mandate.
All other regulatory agencies should be consolidated into a new agency with broad powers to regulate investment banks, insurance companies, mortgage companies, hedge funds, finance companies, thrifts, credit unions, commodity firms, brokerage firms, prime brokers, derivative and futures markets dealers, and banks not regulated by the Fed and FDIC. Any U.S. or foreign financial institution that operates in U.S. financial markets would fall under the agency’s purview. “For other than depository institutions, I would establish size thresholds for inclusion in regulatory oversight...above $10 billion in assets and/or $40 billion in derivative positions (notional amount) for a single institution or collective institutions under interlocking ownership,” he said. Supervisory and regulatory oversight would embrace asset quality, leverage, and counterparty risk, as well as risk with full power of the agency to curtail overly risky activities. The governing board should be independent and appointed by the Congress and the president for 10-year terms on a staggered basis. A new department should be established to facilitate workouts for mortgages and other loans.
Finally, the method by which the capital is allocated is a matter of concern. Congress and HUD pressured Fannie Mae and Freddie Mac to promote housing ownership through low/no down payment and deferred interest types of mortgages. A more efficient method for socially allocating capital is for the government to pay an interest-rate and/or principal subsidy to the lender or to the borrower for certain types of socially desirable loans. The lender gets the market-clearing rate of interest while the borrower pays this rate minus the subsidy. The cost of socially allocating capital is recognized up front and the allocation of capital in society is more efficient.
NEW PRODUCTS
Life Settlement and Longevity Trade Report
Life-Exchange Inc. launched a bi-monthly life settlement and longevity markets trade report. It features information on the growing life settlement and longevity risk markets. Data includes volume statistics, trade data, yields and other key industry specific data. For more information, visit www.life-exchange.com.
Dental HMO/Pre-Paid Coverage
Guardian enhanced its DHMO plans by increasing access to more affordable treatment options for business owners and employees. Guardian will pick up the cost of office visit co-payments for members and their dependents once a plan has been in force for three years—an added benefit designed to reward persistency and promote dental office visits, which can result in better oral health and save money for employers and employees, over the long run, by avoiding the necessity of treating more complex problems that can arise without regular preventive care. For more information, visit www.GuardianBenefits.com.
Treasury Money Market Program
Prudential Financial announced that some of its funds will participate in the Treasury Dept.’s Temporary Guarantee Program for Money Market Mutual Funds.
The program was developed in response to recent market volatility and temporary dislocations in credit markets. It provides a temporary guarantee to a shareholder in a participating money market fund as of the close of business on September 19, 2008 up to the number of shares owned on that date. The Treasury Department recently extended the program, until April 30, to support ongoing stability in the markets. The program had been set to expire on December 18, 2008. The temporary guarantee is triggered if a participating fund's market-based net asset value breaks the buck—falls below $0.99. For more information, visit www.news.prudential.com.
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