© Copyright 2006
US FlagFebruary 1, 2006 Edition
1stLifeSettlements



BROKER'S ROLE – A new SEC rule is designed to make it easier for consumers to know what they're getting when they hire a financial professional. Stockbrokers who hold themselves out as financial planners must be clear about their role. If they're providing advisory services, then they must act in a customer's best interest, as must traditional financial planners. If they're acting strictly as a broker (read salesperson), then they must make that clear to the consumer.  Click here for more on this courtesy of the Wall Street Journal.

DESIGNATION PROLIFERATION – There are now over 100 separate titles used by financial professionals to imply expertise. With no central regulator and titles that can be earned easily, some regulators are becoming concerned. Some states are already taking action and spokespeople for long-established industry educational institutions, such as The American College and the College for Financial Planning, are expressing concern about the proliferation of designations leading to lawsuits.  A fairly comprehensive list of designations and their requirements is located here.

MORE PENSION FREEZES – IBM is not the only high profile company to freeze its pension plan already in 2006. Add Sprint Nextel, Alcoa and Harleysville to the number. There will be lots more. U.S. businesses simply don't have a choice. The Pension Benefit Guaranty Corp says that one in ten of all defined benefit pension plans in the country have now been frozen.

FINGERPRINT ID – Some European banks are experimenting with identifying customers by fingerprints using radio frequency identification and biometric scanning. In five years' time, major banks across the globe could be using these timesaving devices.

SPEAKING OF FINGERPRINTS - The NAIC appears to be treating a proposed fingerprinting regulation, which would set up a national system for collecting life insurance agent and broker fingerprints, as a "hot potato," with the NAIC Market Regulation and Consumer Affairs Committee failing to advance the model to executive committee.  Perhaps not too surprising in light of industry disagreements on the subject.  While NAIFA supports passage of the model, the ACLI objects to NAIC control of the fingerprint repository.  The ACLI also supports exempting producers who are licensed with the NASD.  We'll see if the insurance commissioners discuss the fingerprinting model at their February meeting.

STATE OF HEALTH CARE - Here's a health care round-up...all pretty depressing.  UnitedHealth's share prices fell after announcing their most recent quarterly profits.  The company posted "only" an 18% increase in quarterly profit, which disappointed some analysts.  The nation's HMOs earned almost $7 billion in the first half of 2005, a 21.2% increase over the same period in 2004.  You have to wonder, if an 18% increase in profits isn't sufficient to maintain share value, how any progress can be made in providing "affordable" health care insurance to the nation's consumers.  Then we have the American College of Physicians predicting that the primary medical care system "could fall apart in the United States without immediate reforms."  Reasons: very few young physicians are going into primary care and those currently in primary care are under such stress that they're looking to get out.  Proposed solution: a system of paying primary care doctors that rewards them for preventive care that keeps patients healthier and saves money.

LAPTOP STOLEN WITH CLIENT DATA – A laptop belonging to an employee of Amerprise and stolen from a locked car contained about 158,000 client names and account numbers. The computer also contained some advisor's names and Social Security numbers. All customers and advisors who had their security breached have now been notified and privacy damage is said to be limited. Yes, the employee was fired.

MORE SERIOUS DATA BREACH – The FTC has hit ChoicePoint with a $10 million civil penalty and $5 million in "consumer redress" for data security lapses. The fine is said to be the largest in FTC history. About 163,000 consumers were involved and at least 800 cases of stolen identity resulted from the breach.

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SLOW QUARTER - U.S. economic growth slowed sharply in the fourth quarter to the weakest pace in three years as consumers spent less, growth in home building eased and businesses were less eager to boost investments.

HALL OF SHAME - The Coalition Against Insurance Fraud has released its 2005 Insurance Fraud Hall of Shame.

AFLAC POLICY COPYRIGHTS – The Duck has won a preliminary injunction against Assurant (which includes Fortis and John Alden) for alleged copyright infringement on four voluntary worksite policies covering cancer, accidents, hospital confinement and illnesses requiring hospitalization.

INFLATION HIGHEST IN 5 YEARS – The consumer price index rose 3.4% last year as inflation rose at the fastest pace in five years, with costs for energy, housing, education and medical care leading the way.

GM AND FORD – Both U.S. automakers are struggling to overcome serious problems and closing dozens of plants and laying off tens of thousands of employees. Basically they have lost significant market share to foreign competitors. Reasons: retirement plan cost, health care cost, probably some bureaucratic inefficiency and, unfortunately, better products from abroad.

CONSUMER COMPLAINTS - The NAIC maintains an electronic Complaint Database System, which monitors consumer complaints about insurance companies.  More information is available at http://www.naic.org/.

BLOCK CAN'T BLOCK BROKERS - A federal judge rejected H&R Block's attempt to stop three brokers from jumping ship and taking their clients with them. The judge failed to extend a temporary injunction and added that the company's own policies encouraged the "midnight departure tactics" that the brokers used.

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PENSION SOULTION, SAVE MORE - If your clients are counting on a "fix" to pensions and Social Security, they are going to be disappointed. Now is the time to help your clients understand that the only "fix" is for them to save more money.  The old save 10% of your income just won't hack it anymore. If you have 30 years to accumulate, 15% will provide about one-half of your income at retirement.  With just 20 years left, you'll need to sock away 25% to get the same results.

CAN'T SAVE $200,000 – A study done for the Financial Planning Association reveals that nearly 75% of Americans are pessimistic about their ability to save $200,000 in net wealth in their lifetimes. Worse, more than 20% say the lottery is best way for them to reach that goal.

CAN'T SAVE...PERIOD – According to a Commerce Department report, the American saving rate went negative in 2005, to a minus 0.5 percent, the lowest since the Great Depression.  This means that, rather than saving money, people dipped into existing savings or took on additional debt to fuel their spending habits.

TAX ON SOCIAL SECURITY – Middle-income seniors are getting slammed by the tax on Social Security payments and may not know it. The tax was originally aimed at taxing a portion of Social Security benefits for "high income" earners but, since it has not been adjusted for inflation in 23 years, it is affecting millions of middle-income seniors. For married couples, each dollar of income over $32,000 makes $.50 of Social Security benefits taxable and at $44,000 of income, $.85 of benefits are taxable.

HSAs UP SIGNIFICANTLY – Created in late 2003, the National Underwriter reports that HSAs have climbed above 3 million. That is triple the number of March last year.

INCENTIVE TRUSTS – This planning tool is becoming increasingly popular. Instead of allowing beneficiaries to receive money at a given age, incentive trust heirs must reach milestones or take actions. For example, children might receive a $25,000 bonus when they graduate from college or marry. Or they might receive funds matching money they earn. As they say. "What gets rewarded, gets done."

WOMEN DECISION MAKERS – A study by NPD may be surprising to some, but we have known it for years. Men defer to women when it comes to choosing movies, restaurants and television shows. The only areas where men said they had any clout involved personal electronics purchases, the family car and setting household budgets.  That's not bad clout though!

TAX TIPS – If you refinanced your home last year, don't overlook the tax break of home mortgage points. If you have a household employee, remember to provide a W-2 to your employee by January 31...especially if you plan to run for public office!

WILLS ON THE WEB - Hartford is set to offer inexpensive wills to its large group life policyholders. Plan members can simply enter pertinent information and print out a will legal in all states.

EMPLOYEE BENEFIT TRENDS - MetLife has released its annual Employee Benefits Trends Study.  A copy is available here (registration is required).

DRA OF 2005 AND LTC – The proposed Deficit Reduction Act of 2005 will make it tougher for people to "make themselves eligible," eligible that is for Medicaid paying the cost of long-term care in a nursing home. "It's an ill-conceived law that's an attack on seniors," says Bernard Krooks, editor of Steve Leimberg's Elder Care Law Planning newsletter and founding member of Littman Krooks in New York. "My initial reaction is that the substantial DRA changes to the Medicaid rules will make it much more difficult for seniors and those with disabilities to access much-needed long-term health care. Without proper planning, many seniors will be forced to sell their homes or take out reverse mortgages in order to receive long-term care."

LTC CLAIMS - Long-term care insurance that provides a benefit for a limited period, such as for three years, is considerably less expensive to purchase than unlimited (lifetime) benefits.  According to a study of long-term care claims released by the American Association for Long-Term Care Insurance, that limited protection may be all that most people need.  The study examined both open claims and closed claims and found that only 14.4% of closed claims lasted longer than 24 months, with 33.2% of open claims lasting longer than 24 months.  Only 5.6% of closed claims lasted longer than 36 months (16.2% for open claims).  The study results would seem to suggest that less expensive limited coverage may be adequate for the majority of individuals...and is certainly better than no coverage at all!

SUITABILITY STANDARDS FOR ALL - The Senior Protection in Annuity Transactions model regulation adopted by the NAIC extends suitability protection only to consumers age 65 and older.  The ACLI is now advocating that product suitability standards for annuities be extended to all consumers.  More information on the ACLI position is available here.

HURRICANE RELIEF - The IRS has issued a guide to assist individuals and businesses victimized by last year's hurricanes Katrina, Rita and Wilma.  The guide includes information on applicable tax breaks, which areas qualify for what assistance and guidance on claiming that assistance.  Click here for a copy.

SOME RETIREMENT FACTS TO PONDER
  • When asked, "What steps have you taken in preparation for yourself getting older," 22% of respondents 55 and over said none. (WSJ)
  • 14% of respondents age 55 and over have long-term care insurance but 43% do not have a will. (WSJ)
  • 25% of current retirees rely totally on Social Security for their income and in 2004, the median income level of Americans age 65 and over was $15,043. (Employee Benefit Research Institute)
  • The median balance in 401(k) plans is $18,000. The average balance for workers in their 60s with more than 30 years of service is $168,000. (Employee Benefit Research Institute)
LIFE SETTLEMENTS UP AGAIN – Conning reports that life settlements increased to $5.5 billion in face amounts in 2005...up from $3.3 billion in 2004..