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SECOND LARGEST BANK TAKEOVER EVER – IndyMac Bancorp became the second-biggest federally insured financial company to be seized by U.S. regulators after a run by depositors left the California mortgage lender short on cash. The regulator blamed U.S. Senator Charles Schumer for creating a “liquidity crisis” after a letter on June 26, in which he expressed concern that the bank may fail.

FANNIE AND FREDDIE ARE SICK – Despite the current crisis, don't expect a federal takeover of the shareholder-owned companies with federal charters. “Today our primary focus is supporting Fannie Mae and Freddie Mac in their current form as they carry out their important mission.” That remark from Treasury Secretary Paulson indicates he wants to reassure shareholders they won't be wiped out by any government efforts to ensure the stability of the firms that own or guarantee almost half the $12 trillion in U.S. mortgages. Instead, Fannie and Freddie will be given access to funds from the Federal Reserve Bank of New York.  The Bush administration will also ask Congress for legislation that would temporarily increase the line of credit both companies have with the Treasury, as well as increase the role of the Federal Reserve in supervising Fannie’s and Freddie’ finances.  More information is available at CNNMoney.com

FANNIE, FREDDIE AND OIL STAGGER MARKETS – As oil hit $147 per barrel, Wall Street's angst over the ongoing fallout from the credit crisis made for a turbulent end to a volatile week...stocks tumbled, soared and then turned south again as investors tried to assess the dangers faced by the country's biggest mortgage financiers, Fannie Mae and Freddie Mac. The Dow Jones traded below 11,000 for the first time in two years and all the major indexes were down.

CASH BALANCE PLANS DON’T DISCRIMINATE – Several U.S. Circuit Courts have ruled that cash balance pension plans do not violate federal age discrimination law. Recently, the U.S. 2nd Circuit affirmed other courts in saying that while the benefits provided to younger employees are worth more than the same benefits provided to older employees, that difference is the result of time and compound interest and does not constitute age discrimination. Expect the trend away from defined benefit plans to continue in corporate America. We wonder when and if public entities will learn that they too cannot afford “traditional” retirement plans.

NEW MORTGAGE LOAN RULES – The Federal Reserve has approved new mortgage lending rules that will apply to all lenders.  Among the changes are requirements that lenders not extend credit without regard to a consumer’s ability to repay the loan and that a prospective borrower’s income and assets first be verified.  Certain prepayment penalties would also be banned.  Most of the changes will not take effect until October 1, 2009.  For a more complete explanation, go to CNNMoney.com.  

WORST INSURERS – The American Association for Justice, an organization of personal injury attorneys, has just issued a list of their opinion of the 10 worst insurers for consumers. The source is too suspect for us to list the insurers, but the final sentence of the article is worth examining. “While the insurance industry has relied on McKinsey Consultants to determine how best to attain and retain profitability, over the last decade the industry has enjoyed annual profits exceeding $30 billion while taking in more than $1 trillion in premiums annually.” Sounds just awful until you put the math to it...that is a 3% profit margin.




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GM WOES - General Motors is planning to cut thousands of white-collar jobs and is also considering whether it should sell or stop production of more of its brands. In the past few years, GM has run up massive losses as U.S. auto sales plunged to a 15-year low in June.

WHERE THERE’S SMOKE, THERE’S FIRE – So said JP Morgan Chase Chief Executive Jamie Dimon in encouraging U.S. regulators to investigate whether people betting on a downturn in Bear Stearns’ stock deliberately brought down the investment bank.  According to Mr. Dimon, “This is worse than insider trading.  This is deliberate and malicious destruction of value and people’s lives.  They shouldn’t go to jail for a short period of time.”   Maybe the "powers that be" are listening...the SEC just announced that "it and other securities regulators immediately will conduct examinations aimed at the prevention of the intentional spread of false information intended to manipulate securities prices."  In addition, the August Vanity Fair has an article titled "Bringing Down Bear Sterns," a blow-by-blow account from insiders.

ENVIRONMENT OR ECOMOMY? - A CNN poll reveals that 49% of Americans prioritize environmental protection over economic growth versus 44% who say the economy should be the top priority. However, 73% of those polled favored expanding offshore drilling for oil and natural gas, although these actions are considered hazardous to the environment by many environmental advocates.

HOUSING LIFELINE – The Senate has finally passed its version of legislation that would extend help to homeowners at risk of foreclosure.  The Senate legislation must be reconciled with previously-passed House legislation and the final bill faces a threatened White House veto.  Click here for a recap of the Senate bill.  

CLASS ACTION COST 4,000 JOBS - UnitedHealth agreed to pay more than $900 million in settlement funds to resolve class-action lawsuits stemming from allegations that it gave executives too much control over stock options. The company then announced that it will be eliminating 4,000 jobs by streamlining technology, back-office support, network management and clinical operations in an effort to cut costs.  Bet they keep the executives and lawyers.

GRASSO WINS - A lawsuit contesting a $187.5 million pay package for former New York Stock Exchange chairman Richard Grasso has been dismissed. The case was dismissed by the New York Supreme Court Appellate Division on the grounds that former New York Attorney General Eliot L. Spitzer no longer had authority to continue the action since the NYSE became a for-profit company in 2006.

HAVE MERCY ON INVESTORS – In an open “memo” to the SEC, investor advocate Jacob Zamansky states that, “Our financial system is broken, and individual investors must once again pay the price for Wall Street’s unbridled greed.  Someone needs to speak for these wronged investors, and the SEC is failing them.”  Read the entire article at BusinessWeek.com.  

EPA HAS “HUMAN LIFE VALUE” - According to the Environmental Protection Agency, the "value of a statistical life" for all Americans is $6.9 million. That is a drop of nearly $1 million from just five years ago. Not sure how this figure is calculated but, believe it or not, when drawing up regulations, government agencies put a value on human life and then weigh the costs versus the lifesaving benefits of a proposed rule. For example, let’s consider a hypothetical regulation that costs $18 billion to enforce, but will prevent 2,500 deaths. At the old figure of $7.8 million per person, the lifesaving benefits outweigh the costs. But at $6.9 million per person, the rule costs more than the lives it saves, so it may not be adopted. Some environmentalists accuse the Bush administration of changing the value to avoid tougher rules -- a charge the EPA denies.

FEATURED TEXT
SEC AND INDEXED ANNUITIES – Reactions are coming in at warp speed to the SEC plan to define indexed annuities as securities. The SEC wants to define indexed annuities as securities because of concerns that sales representatives who are not registered securities representatives are not explaining the products sufficiently. Insurers and state insurance regulators are against the proposal because the insurers selling the contracts assume responsibility for investment risk, preventing holders who follow contract rules from losing principal or having returns fall below a guaranteed rate. All comments are available at www.sec.gov.

MOST WILL OUTLIVE ASSETS – A new study by Ernst and Young reveals that 60% of middle class retires will run out of money if they continue to live at their pre-retirement lifestyles. Sounds like a great opportunity to help some folks.  Click here for additional information on the study.

DON'T CASH IN YOUR 401(k)! - When prices are rising and bills are pressing, any available cash may seem like the perfect solution to a short-term crunch but, unless you are retiring, avoid the temptation. Also, a Fidelity study revealed that about 40% of workers in their 20s and 30s said they had cashed out their 401(k)s or 403(b)s when they switched jobs. Remember the “magic of compound interest.” Even if your 401(k) balance is small, it will grow: $800 earning 8% for 45 years grows to almost $26,000.

TAX COMPLIANCEKiplinger reports there’s a new push in Congress to close the tax gap.  While increasing tax compliance will be billed as tax fairness, there’s also the potential windfall in revenue that lawmakers could then use to offset the cost of extending expiring tax breaks, AMT reform and estate tax relief.  The primary focus will be on increasing information reporting (e.g., basis reporting when securities are sold) and on clamping down on unlicensed tax preparers.

WOMEN LESS READY TO RETIRE – According to a Hewitt Research report, women are much less ready to retire than man.  Reasons:  longer life expectancies, lower salaries and more conservative savings habits.  Click here for details.  
 
WHY SENIORS LAPSE POLICIES – Some of the reasons for doing so include rising premiums and changes in the original need for the insurance, but most frequently, the seniors just don't know the options available to them. If any of your senior clients are considering lapsing or cash surrendering their policies, let them know the options, including retaining the policy with their children picking up the premium and a life settlement.

MEDICARE ADVANTAGE BILL – The unexpected appearance of Sen. Ted Kennedy on the Senate floor cleared the way for a Medicare Advantage bill to pass the Senate.  The legislation, which will result in funding cuts to Medicare Advantage plans, faces a threatened presidential veto.

WANT TO GET RICH? -  Then get out of NYC, Washington, DC or Los Angeles (or don’t move there to begin with) and head for Plano, Texas, Aurora, Colorado or Omaha, Nebraska, where wages are high and the cost of living is relatively low.  If you’re thinking of moving, more information is available here.  

THE KIDS OR RETIRE? - According to a Putnam study, it’s becoming increasingly difficult for parents to save for retirement while they’re putting away money for their children’s college tuition. The major contributing factors are the fact that women are having children later in life and movement away from defined benefit plans. Also, the average public college tuition has risen 844% to $6,185 in 2008, from $655 in 1977, and private tuition has increased 778% to $23,712, from $2,700. During the same time period, average income has risen 304% to $60,533, from $15,000.

ARE YOU READY TO RETIRE? - Here are some thinking points for you and talking points for your clients:
  • Do you have a guaranteed income stream? You want some kind of income that's predictable and not subject to investment fluctuations. BTW, delaying Social Security will net you between 7% and 8% higher checks for each year you delay.
  • Do you have liquid assets? Workers without a traditional pension need to have cash that can be spent immediately upon retirement. Many say that, in a declining market, if you need to sell stocks to produce income to live off of, you shouldn't retire.
  • Do you have a retirement distribution strategy? Consider having enough money so that withdrawing 4% to 5% each year will cover all your bills.
  • Do you have health insurance? If you retire prior to age 65, when Medicare eligibility kicks in, you'll need to find another source of health insurance. Even after qualifying for Medicare, some studies have found couples will need around $225,000 to pay for out-of-pocket expenses like premiums, deductibles, and copays.
  • Do you have a Plan B? Circumstances often complicate retirement plans. You could be laid off, develop a health problem, or have to care for a frail relative. Don't fall in love with a specific retirement date or a certain lifestyle. Maintaining good health and insurance for disability and long-term care can help mitigate some of these risks, but you may have to downsize your standard of living.
  • Consider working longer or a “post retirement” job. As above, working just one extra year gives your retirement savings more time to accrue, let's you delay tapping your nest egg, shortens the period your savings will need to last, and allows you to get higher Social Security checks for life. And many jobs also provide valuable health insurance. If you can find a job you enjoy, even one extra year of work can raise your standard of living throughout your retirement.
MORE APPS FROM OLDER FOLKS – MIB reports that life insurers have received fewer requests for individual coverage in June 2008 than they did in June 2007, but they received more requests from older applicants. Old people are smarter! Sales have fallen in most months since March 2006.

401(k) DEBIT CARDS - The Senate Special Committee on Aging will hold a hearing focused on the SEC's concern about new programs that offer 401(k) plan participants debit cards for borrowing from their retirement plans. Why have a hearing? Allowing 401(k) debit cards is just a real bad plan!

INCENTIVES HELP RETENTION - An Employee Benefit Research Institute (EBRI) study shows that employers may be able to convince employees nearing retirement to stay working by offering them incentives. Incentives vary from making workers feel needed, offering them a full or partial pension while working part-time and making seasonal or contract work available.

HARD TIMES CAN LEAD TO BAD DECISIONS – FINRA warns consumers against taking steps that might compromise their nest eggs, such as taking out reverse mortgages, getting 401(k) debit cards, or cashing in life insurance policies to weather tough financial times. "Each of these should be considered strategies of last resort," Mary Schapiro, CEO of FINRA.

GOT MONEY? STAY ALIVE – High-net-worth Americans who care about the financial well-being of their heirs have a powerful tax incentive to survive until at least Jan. 1, 2009. On that day, the federal estate-tax exclusion is scheduled to jump to $3.5 million from $2 million this year. "No respirator plugs will be pulled in December," predicts Michael Graetz, a Yale Law School professor. 

COMMODITIES AND THE OLYMPICS – At least one reporter/expert believes we are in for a commodities bubble burst pretty soon. Shortly after the Olympics, in fact. Here is the model: China has been redlining its economy in the hope of avoiding trouble at the Olympics, so they are “pacifying the population with rapidly rising prosperity.” China has hijacked the world economy and is shoveling it into the boiler to make it to September. Once the summer games are over, the brakes will be slammed on and the commodities bubble pops. That's the theory, at least.

RID YOURSELF OF CLUTTER - Laura Stack of the Productivity Pro suggests, “Look around you, both at work and at home. Do you feel overjoyed or annoyed? Your environment affects your moods, attitudes, emotions and energy level. You need to figure out ways to reduce, eliminate or change your environment so that it lifts you up rather than brings you down.” We couldn't agree more and here are some tips!

1. Clear the clutter: The reason people dread clearing clutter is emotional attachment and because they have no idea how to organize what they keep.

2. Thin out the incoming stream: We all have a constant stream of mail and new possessions coming into our lives. If you don't develop a regular habit of thinning it out as it walks through the door, it'll pile up and zap your energy in no time.

3. Create space with the right layout and equipment

4. Learn to live more simply: Don't equate material possessions with wealth or happiness, or -- worse yet -- self worth.

5. Get rid of it: If you don't learn how to get rid of things, you'll be overwhelmed with your possessions. Unworn clothing, unwanted gifts, ancient paperwork -- get rid of it. As a basic rule, if you haven't used it in two years, ditch it.

6. Accentuate the positive: Separate the trash from the treasure. You don't need to keep unwanted gifts simply because they're gifts.

7. Keep your office desk organized: No, a clean desk isn't the sign of a simple mind: It's the sign of an efficient, energetic mind. The more space there is, the less crowded your energy is. File rather than pile and gather up those sticky notes.

8. Make a list of the home improvement projects you want to accomplish: Nagging, incomplete projects not only create clutter, but they also drag your mood down because another thing on your to-do list is staring you in the face. Dispatch routine tasks as soon as possible, and work to get the others off your calendar.