© Copyright 2006
US FlagFebruary 15, 2006 Edition
1stLifeSettlements



AIG FINAL TAB? - AIG will pay $1.64 billion to settle state and federal charges for fraud, bid rigging and failure to pay proper contributions to various state workers' compensation funds. We'd like to say that will be it, but don't count on it since lawyers are still circling and the company is still embroiled in conflict with former CEO Hank Greenberg.  Greenberg and Howard Smith, AIG's former chief financial officer, still face New York State civil fraud charges. In addition, the billion-dollar settlement covers wrongdoing on the property-casualty side of the business only.  There are ongoing investigations of the life side of the business.

INSURERS AND CAPITAL MARKETSNational Underwriter reports that Moody's sees the life settlement market as the beginning of an intersection between the life insurance industry and capital markets. For example, companies could start trading in variable annuity product guarantees and insurers that undervalue VA guarantee options could suffer as a result.

SETTLEMENT CONCERNS – Moody's also reports that the rise in life settlements may be a factor in future company ratings. Fewer than 1% of life policies in force may fit life settlement companies' purchase criteria, but they are usually at least $750,000 in face amount on an insured at least age 65. This means that a significant percentage of total outstanding policy cash surrender value is at risk. Insurers that issue or have issued lapse-supported products are at most risk.

MORE ON PENSIONS, WHAT PENSION? - The IBM pension freeze is a harbinger of the disappearance of almost all retirement pensions in the private sector. "Public sector employees are not safe from worry but, since they are usually organized and pull some political weight, their pensions should last a little longer. Everybody else in the private sector had best get ready to wave bye-bye to the idea of a reasonably carefree retirement during which the check comes in once a month and the big problem is whether to spend it on a long vacation or treat the kids to a new car. That's over, folks."

ACQUISITIONS - JPMorgan will sell Chase Insurance, its life insurance and annuity underwriting business, to Protective Life for about $1.2 billion in cash. "With the merger of Chase and Bank One, we reviewed all our businesses and concluded that insurance underwriting does not have the same scale as our core banking businesses."  In other acquisition news, Merrill Lynch is in talks to acquire a large stake in BlackRock, Inc., a major money manager.

WAL-MART BANK OPPOSITION – Apparently few people want Wal-Mart to enter the banking business. The latest to voice their opposition to the Treasury Department is the National Association of Realtors. The Realtors are in agreement with the banking industry and say that a Wal-Mart bank would set a precedent that inevitably erodes the historic separation of banking and commerce in the United States. "However, the banking industry is taking hypocritical positions by opposing commercial companies entering the banking business while at the same time seeking to expand permissible bank activities into real estate brokerage and real estate development -- activities which by their very nature are commercial."

AIG VERSUS GREENBERG - A New York judge granted AIG a preliminary injunction that bars a brokerage agency run by former Chairman "Hank" Greenberg from writing insurance policies for AIG customers on behalf of anyone other than the insurer and also bars the agency from entering into reinsurance contacts with Warren Buffett's Berkshire Hathaway. The ruling is a victory for AIG in its complex divorce with Greenberg, who resigned under pressure last spring from the company he built over nearly four decades.
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ACOUNTING BOBBLES - Prudential will restate 1-1/2 years of cash flow, but said the restatements will not affect earnings per share or operating income for any previously reported period. BISYS said it expects a financial restatement to result in an 8% to 8.5% decline in consolidated shareholder equity as of Dec. 31, 2004.

GREED AT THE TOP - John Bogle, founder of Vanguard Inc., has some tough things to say about the mutual fund industry.  Click here to read the article in The Pittsburgh Tribune-Review

ALLSTATE BUY BACK – Despite all the hurricanes, Allstate's CEO says the company will buy back $1.5 billion of its shares in 2006.

AARP'S FEDERAL FUNDING - In case you didn't know it, federal funding accounted for $83 million, or about 10%, of AARP's annual revenue of $878 million. The large majority of AARP's federal money, $75 million, comes from a Department of Labor job-training program called the Senior Community Service Employment Program (SCSEP), which has a checkered history of wasteful spending and unaccountability.

MOST OPPOSED TO NATIONALIZED HEALTH SYSTEM – Conventional wisdom has it that a large majority in the U.S. support the idea of establishing a system that would provide health coverage for all Americans; however, there is some confusion as to how it should be accomplished. The American Consumer Institute asked 1,000 people if they would support "a nationalized health plan in which doctors and hospitals would be under federal government control." Only 43% said they would.

MICHAEL MOORE'S LATEST – Michael Moore's latest documentary will be based on "health care horror stories." He needs help from consumers and is asking for it via his Web site..."If you have been abused in any way by this sick, greedy, grubby system and it has caused you or your loved ones great sorrow and pain, let me know." "Oh," he adds, "and if you happen to work for an HMO or a pharmaceutical company or a profit-making hospital and you have simply seen too much abuse of your fellow human beings and can't take it any longer – and you would like the truth to be told – please write me."

LOUISIANA BREAKS RECORD - Louisiana Insurance Commissioner Robert Wooley will resign to go to work in the private sector. The resignation breaks the state's losing streak of three consecutive insurance commissioners indicted for criminal activity.



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DRA 2005 - President Bush signed the Deficit Reduction Act of 2005 into law on February 8.  A couple of provisions are of interest to our industry.  FDIC insurance on IRAs and Keogh accounts will jump from $100,000 to $250,000.  In addition, FDIC insurance on all federally insured accounts will be inflation-adjusted beginning in 2011.  In regards to long-term care, the legislation will extend the Long Term Care Insurance Partnership Program from the current five states to all 50 states and the District of Columbia.  In addition, the Deficit Reduction Act places additional restrictions on asset transfers in order to qualify for Medicaid.  The look-back period for the transfer of assets is increasing from three to five years.  Finally, people will be ineligible for Medicaid if they have more than $500,000 in home equity (an amount the states can increase to as high as $750,000 if they choose to do so).  Makes sense to us.

RETIRE RETIREMENT - The whole concept of retirement is fairly recent, an experiment that began with the creation of Social Security in 1935, observes Ken Dychtwald, a gerontologist and authority on aging in the U.S.  With the country facing massive unemployment during the Great Depression, Social Security was a way of providing older workers with guaranteed income so that they could leave their jobs, freeing up slots for younger workers. "No one considered whether a life without work would be satisfying or sustainable," says Dychtwald. Even when traditional pension plans were at their peak in 1985, fewer than half of Americans working for private companies were covered.  As the leading edge of the baby-boom generation turns 60 this year, "it's time to retire retirement."

SAVING LESS BUT GETTING RICHER? - As we reported in the last issue, the U.S. savings rate has dipped to a negative (minus 0.5%) for the first time since the Great Depression. However, some experts feel that the talk of fiscal misery might be overblown. Reason?  Much of an individual's savings are tied up in homes and other assets that are increasing in value. They point out the Federal Reserve reports that American households have a total net worth of about $51 trillion, compared to $40.7 trillion in 2001. Regardless of what "they" say, we say that our fellow citizens are not saving enough.

LONG TERM CARE PROBLEM – According to a WSJ/Harris poll, only 26% of adults think they have or will have saved enough money to finance their own potential long-term care costs.  Another 41% are certain they will have enough money to cover their expenses as they age, while 33% are uncertain.

RETIREMENT KNOWLEDGE – The AXA Equitable Retirement Scope Survey reports that one of five workers actually knows what his or her retirement income will be upon retirement.  At the same time, knowing that Social Security is an important income element for retirees, 90% view it as "in trouble" or "in crisis."  U.S. retirees report an average $4,243 in monthly income, which is more than any other country's average in the study. Surprisingly, Americans are ahead of the whole world in preparing for retirement, as 85% of working Americans have already started planning for it.

RETIREMENT RULE OF 25 - A conservative rule of thumb suggests that if you withdraw only 4% (or one twenty-fifth) of your retirement nest egg during the first year and adjust subsequent annual withdrawals to compensate for inflation, you'll never outlive your money. This means that in order to estimate how much you'll need to fund your retirement, you should multiply the annual amount you will need by 25 to determine how much you need to accumulate (e.g., $12,000 annually requires a $300,000 accumulation).

DISCONNECT? - The House and Senate are preparing to resolve differences over a bill that would provide $70 billion in tax cuts over the next five years.  The main sticking points are a Senate focus on providing AMT relief in 2006, while the House wants to extend until 2010 lower rates on capital gains and dividends, a provision not included in the Senate version of the bill.  Meanwhile, the Treasury Department announced on Monday that the U.S. government is expected to hit its debt ceiling of $8.18 trillion by mid-February.  Treasury can draw funds from other areas until around mid-March, by which time it will need Congressional approval of an increase in its debt limit in order to avoid a default.  To put another spin on this, AARP estimates that the national debt translates to $156,000 for every American.

MORTGAGE CANCELLATION – Many old-time life insurance agents established their client bases with mortgage cancellation plans and, with the size of mortgages today, it would appear to be appealing to all producers. In fact, Genworth has just introduced a return-of-premium term life insurance product directed at middle-income homeowners. While this policy caps at $175,000, it would seem to us that a first-to-die policy with a cap at a million or more might be appropriate for today's affluent dual income families.

HORSESMOUTH REFERRAL BLOG - For financial advisors unhappy and unsuccessful with their referral marketing, finding information to help them get more prospects through client referrals may now be easier. Horsesmouth has launched its Automatic Referrals blog and resource site, located at http://www.automatic-referrals.com. "Our research shows that advisors need help getting referrals and that implementing a referral strategy is the fastest, most cost-effective way to get new clients. The Automatic Referrals blog site will be advisors' first stop on the Internet when searching for ideas, tactics and tips that will help them build a referral-based business."

RELATIVE VALUES DISCLOSURE - Pension plan sponsors must now comply with a new IRS regulation that requires a plan to disclose to retiring employees the relative actuarial values of the optional payment forms available to them from the plan.  Employee Benefit News has an article providing a complete discussion of this new requirement.  Click here for the article.

HSA'S CUT CLAIMS - CIGNA HealthCare reports total medical costs (excluding drugs) rose 4% for members of traditional CIGNA plans in 2005, but fell 8% for members of the health savings plans.  The question is whether this short-term savings will translate into long-term savings, or whether HSA participants are neglecting to get needed current health care, which could result in higher long-term health care costs.

PARTIAL LIFE SETTLEMENTS – Want to sell some but not all of a large policy?  Policyholders can now sell policies, but keep some life insurance coverage without paying additional premiums.

529 SAVINGS LIMITS FINANCIAL AID? - Yes, but not much. Investments in 529 savings plans and Coverdell ESAs (previously called education IRAs) are treated as parental assets and reduce a child's eligibility for federal student aid by a maximum 5.64% of their value at the time of application. That's a lot better than assets in Uniform Transfers to Minors Act, which are assessed at 35% in the aid formula.

GUM DISEASE AND PREGNANCYNational Underwriter reports that Blue Shield of California is beefing up small group dental benefits for members who are expecting. Reason? Studies show that gum disease may dramatically increase the likelihood that pregnant women will give birth prematurely. In fact, one study found that simply providing periodontal scaling and root planning could lead to an 84% reduction in premature births. Money well spent!

SOME IRS TAX SCAMS – Here are a few of the ones the IRS lists as the top scams of 2006:

  • Phishing: Identity thieves posing as the IRS representatives in an effort to obtain personal information.
  • Zero return: Promoters tell taxpayers that they can enter zero income on their federal income tax form and write "nunc pro tunc," a Latin phrase meaning "now for then," and that the IRS will disregard their original return that included wages and other income.
  • Return preparer fraud: Be wary of tax preparers who promise large refunds. Remember that the taxpayer is ultimately responsible for the accuracy of their return.
  • Credit counseling agencies: Not all are there to help reduce debt.
  • Zero wages: Submitting a false Form 4852 or a "corrected" 1099 claiming that he or she did not receive as much as an employer originally reported.
  • Form 843 tax abatement: Individuals claiming they have never filed a tax return before or that an older return was sent but never received, hoping that the IRS will lower their estimated tax bill.
  • Frivolous arguments: Trying to maintain that filling out a Form 1040 goes against both the Fourth Amendment right to privacy and the Fifth Amendment right against self-incrimination will not work.
  • Abuse of charitable organizations and deductions.
  • Offshore transactions
  • Trust misuse: Putting your assets into a trust will not necessarily result in lower income taxes, deductions or reduced estate or gift taxes.
  • Employment tax evasion: Keeping employee withholdings will get you in serious trouble.
  • 'No Gain' deduction: Claiming deductions that equal adjusted gross income usually propped up by phony court documents.