© Copyright 2006
US FlagMarch 1, 2006 Edition
1stLifeSettlements



"THIS BROKER MAY BE HAZARDOUS TO YOUR WEALTH" – Well, the new disclosure rules don't read exactly like that, but do start with "Your account is a brokerage account and not an advisory account. Our interests may not always be the same as yours." The SEC has mandated that brokers who charge a fee provide this to their customers. It's the latest effort by the SEC to deal with the confusion that has arisen in the investment business during the last few years, as brokers have increasingly attempted to cast themselves as financial advisers.  Consumer advocates have called on the SEC to do more to help people understand when they are receiving credible investment help. They argue that brokers have taken on an array of fancy titles to create the illusion that they are out to advise clients, but are actually salespeople in disguise.

COMPLIANCE COSTS - A survey by the Securities Industry Association found the cost of compliance has nearly doubled in the past three years, to more than $25 billion in 2005, up from $13 billion in 2002. Yep, that is billion! The SIA believes much of these costs are because of duplication, inconsistent and ambiguous rules and warns investors may end up paying for the rising cost of watchdogs.

GETHUMAN.COM – Tired of trying to break through automated interactive voice-response systems? Well, so was Paul English. So much in fact that he has published a "cheat sheet" that explains the "codes" for getting through the number maze and to a real person. His Web site, www.gethuman.com, sets out principles for the right ways for companies to interact with customers, encourages visitors to rate their experiences (the site is to issue a monthly best-and-worst list), and publishes many more secret codes unearthed by members of the movement. We hope companies get the word that these call blocking techniques are bad business.  According to the "American Customer Satisfaction Index," Prudential and MetLife may need to pay particular attention to the customer service issue.  Both companies were top performers in the 2004 life insurance sector, but saw their customer service satisfaction index decline substantially in 2005.

SCARY: ONE DOLLAR IN FIVE TO GO TO HEALTH CARE – The last number we heard was that health care represented 16% of Gross Domestic Product, but the Medicare and Medicaid Services' National Health Statistics Group says it will be 20% by 2015. That will amount to more than $4 trillion in annual health-care spending.

HEALTH SOUTH TO PAY $445 MILLION - HealthSouth, a provider of rehabilitation services, said it has agreed to pay at least $445 million to settle class-action lawsuits over its accounting and financial reporting. Investors will also receive 25% of net recoveries from judgments that HealthSouth obtains against former CEO Richard Scrushy, former auditor Ernst & Young, and former lead investment bank UBS.
 
BOA RESTATES FINANCIALS - Bank of America will restate financial statements going back to 2001 to adjust for accounting under standards adopted by the Federal Accounting Standards Board. The decision will cause shareholders equity to be adjusted upward by $308 million, or less than 1 percent, as of December 31, 2005, the bank said.

LIFE APPLICATIONS UP - MIB reports life insurance applications were up 2.7% in January 2006 versus January 2005. Application activity rose 0.6% for consumers age 60 and over, 2.2% for consumers ages 0 to 44, and 4.7% for consumers ages 45 to 59.

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FORMER OKLAHOMA COMMISSIONER CONVICTED - Former Oklahoma Insurance Commissioner Carroll Fisher will spend three years in prison and pay a $20,000 fine for embezzlement and perjury. He still faces additional charges for tax evasion. Sure makes you think about all the regulators who are creating the regulations we have to follow.

WAL-MART PLEA - Addressing the National Governors Association, Wal-Mart chief executive H. Lee Scott Jr. urged the nation's governors not to pass health care legislation aimed at Wal-Mart and pledged to work with the states to move Wal-Mart workers off state Medicaid rolls.  Here's the problem: according to a Wal-Mart memo, the company has 1.3 million employees who make, on average, $20,000 a year and spend 8% of their income on health care, nearly twice the national average.  In addition 46% of employees' children are either uninsured or on Medicaid.  Mr. Scott pledged to address the problem by expanding Wal-Mart's benefits and opening low-cost medical clinics in its stores.

SEC/METLIFE - The New England Securities unit of MetLife is being formally investigated by the SEC concerning whether the unit sold universal life policies that were unsuitable for customers.  In February, New England Securities agreed to pay $2.6 million to settle charges that it promised to rebalance asset allocations within various clients' accounts and then failed to do so.

ANTI-MONEY LAUNDERING RULES - With a May 2, 2006 compliance deadline looming, U.S. life insurers are training thousands of independent agents how to comply with new anti-money laundering regulations issued by the U.S. Treasury. Enjoy!

DOW AT 4 1/2-YEAR HIGH - U.S. stocks closed higher as a benign retail inflation report and a drop in crude-oil prices lifted the Dow Jones Industrial Average to its best level in more than 4 1/2 years.

BROKER-DEALERS SHRINKING - Growing compliance burdens are partly responsible for the shrinking number of broker-dealer firms. In 2005, 80 firms (about 2%) ceased doing business. However, the number of registered investment advisers grew about 4%. Additionally, the trend toward small brokerage firms' merging with larger ones continues.

GE TO SELL REMAINDER OF GENWORTH - General Electric will sell its remaining stake (about 18%) in Genworth for about $2.8 billion. GE wants to exit the insurance business and focus on faster-growing businesses.


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INSURANCE IS A GOOD INVESTMENT – That is the opinion of columnist Don McNay with the Richmond Register. This is a must read article located here.

SENIOR SUITABILITY FOR JUNIORS – The NAIC has offered the Senior Protection in Annuity Transactions model regulation for public comment. However, they amended the regulation by replacing references to "seniors" with the word "consumers." NAIFA and ACLI support the change.

RETIREMENT WORRY - According to a survey by Wachovia, most Americans fear they will not save enough money for retirement, and nearly half are not counting on the Social Security system to provide the money they need to retire comfortably, a new survey shows. 90% say they worry how well prepared they are for retirement and 85% said they are no better than "somewhat confident" that they are saving enough. 48% fear that Social Security will not provide enough for them.

WORKING ON – Employee Benefit Research Institute reports "retirees" over age 70 are getting more income from working and far less from earnings on assets than they did back in the 1980s. The share of total income coming from work increased to 37% in 2004 from 26% in 1987 in the 65-69 age group; to 14% from 7% in the 75-79 age group; and to 3.4% from 2.4% in the 85 and over age group.
 
RETIREMENT HOME – "Retirement home" is taking on a whole new meaning as, increasingly, the home is paying for retirement. New data from the Federal Reserve shows that for the elderly, like Americans in general, housing wealth has soared even as other forms of savings have declined. This is fueling the increase in popularity of reverse mortgages. VSA subscribers can click here to see the VSA presentation on this increasingly popular retirement planning tool. 

LTC COSTS - John Hancock has an interactive map of the U.S. illustrating the cost of long-term care services in the major cities of each state.  You can access the map at www.johnhancocklongtermcare.com.

MDRT PRODUCTION REQUIREMENTS - Here are the new minimum commission levels for 2007: Basic MDRT: $75,700; Court of the Table: $227,100; Top of the Table: $454,200. At least 50% must come from individual and group life, accidental death and dismemberment, annuities, disability income, long term care and critical illness insurance.

ESTATE TAX REPEAL - According to Kiplinger, a Senate vote on estate tax repeal will take place in May, but repeal is still a long shot.  High deficits and tax cuts for the wealthy are the primary roadblocks to passage.

BENEFIT COSTS OUTSTRIP WAGESNational Underwriter reports on a GAO report that, "U.S. employer spending on health coverage and retirement plans grew far more rapidly than spending on wages between 1991 and 2005." Although benefit costs increased about as fast as wages from 1991 to 2002, a sudden jump in health and retirement plan costs pushed benefit costs far higher than wage growth between 2003 and 2005. A copy of the GAO report can be found here

ANNUAL PORTFOLIO REVIEW PROCESS - Steve Gresham writes in Investment News that investors should consider an annual portfolio review and re-balancing as "required maintenance."  Institutional investors tend to outperform individual investors before they follow a "four-step process to help ensure the consistency that fuels long-term success: 1.) A written investment policy provides the process blueprint. 2.) Asset allocation maximizes opportunity while limiting risk through diversification. 3.) Evaluation and selection of truly complementary investments. 4.) Periodic monitoring and re-balancing of the portfolio."  Click here for the entire article (registration required).

REINVENTING THE DEFINED CONTRIBUTION PLAN - Prudential Retirement, a business of Prudential Financial, has released a white paper on how to reinvent the defined contribution plan "to help ensure that modern American workers have a better opportunity to achieve a secure retirement."  For your copy of the white paper, click here.

INVESTOR-INITIATED LIFE POLICIES - Investor-initiated life policies, in which investors lend wealthy individuals money to pay life insurance premiums for a designated period, are scheduled to be discussed by the NAIC during its national meeting this month.  If the individuals die within a designated period, their beneficiaries get the death benefits less the premiums and interest.  After the period expires, the individual has three options: repay the loan with interest and keep the policy, sell the policy and repay the loan with interest or transfer the policy to the investor, usually a hedge fund. If the policy is transferred, the investor receives the death benefits when the insured individual dies. The interest rates often are double digit and can be as high as 28%. New York has banned these arrangements as a "speculative investment for the ultimate benefit of a disinterested third party" lacking an insurable interest and several other states may do the same. 

AUDITS FOR SOLE PROPRIETORS – The IRS released data on random audits of 46,000 tax returns for 2001 that showed a tax gap of about $354 billion a year. Since sole proprietors, independent contractors, self-employed workers and others accounted for a significant percentage, they are at least 10 times more likely to be audited this year than other business entities. Red flags?  Late or underpayment of quarterly estimated payments, income-to-deduction ratio, failure to sign and date the return, large home office deductions, use of vague expense categories, such as miscellaneous, incorrect Social Security numbers and more.

BUY IMMEDIATE ANNUITY, DELAY SOCIAL SECURITY – Here is an option for clients if they are coming up short for retirement income. Try purchasing an immediate annuity, and delaying Social Security payments. Immediate annuities are fairly low-risk and they can provide a reasonable amount of income. At 65, a $100,000 immediate annuity produces annual lifetime income in the neighborhood of $7,800 for males and $7,400 for females. Delaying Social Security from age 62 to age 66 can increase monthly payments by about 25%.

PENSION COMPROMISE - National Underwriter reports that House and Senate conferees are starting work on a compromise pension bill to address issues such as automatic enrollment in 401(k) plans, favorable tax treatment for long-term care riders sold with annuities and a relaxation of rules agents and companies must follow when offering investment advice to defined contribution plan participants.

MET'S SURVIVOR INCOME RIDER – The more things change, the more they stay the same. MetLife has introduced a guaranteed survivor income rider and has applied for a patent on the product. The concept of helping consumers understand the need to guarantee survivors an adequate lifetime income stream is really not new, but it sure is a good idea.

REPS FINDING SUCCESS IN BANKS – Many wirehouse and broker-dealer representatives are finding the going easier in a bank environment. Apparently, prospecting is easier but the overall results are sometimes less lucrative. Additionally, increases in compliance costs are forcing more banks to use third-party marketers to handle their clients' investment, insurance and annuity business. Some claim bank rep retention rates have been 90% plus.