One of the goals that I have as I work for my agents across the country is to guide them on which is the best product for their client’s situation. Impartial and unbiased product knowledge and strategies is what agents want. Needless to say, I analyze a lot of annuity, life, and long term care products. The point is, of a large universe of these products, there are two areas that really excite me today when it comes to product innovation. What are those two areas that excite me the most? It would be a tie between annuities and the topic of this article—linked benefit long term care products.
Too good to be true?
Linked benefit products have gotten so good that many times I get the responses of “Are the benefits really guaranteed?” or “It seems too good to be true.” Skepticism is warranted, because when people think of long term care insurance, they think of traditional LTCI. And with traditional LTCI, many folks have experienced significant premium hikes as the years have gone by. Plus, with traditional LTCI, if you don’t use the benefit, you lose the benefit and the premium you paid. Therefore, the fact that many linked benefit products have 100 percent guaranteed benefits and also have a death benefit and cash value, this creates skepticism among the clients. In this article I wanted to spend a couple minutes discussing why and how the benefits are not “too good to be true” and are indeed sustainable for the insurance carriers to offer. By the way, Traditional LTCI, I believe, is more sustainably priced than previous generations for reasons I will discuss.
First, what is a linked benefit?
A linked benefit long term care product is a subcategory of the broader “Hybrid/Combination Long Term Care” category. What differentiates a linked benefit product from just the products with accelerated benefits (AOB) is that the linked benefits also have a “Continuation of Benefits Rider” or “Extension of Benefits Rider,” depending on the vernacular the carrier uses. Example: Many life insurance policies have AOBs on them where the death benefit—and only the death benefit—can be accelerated for chronic illness or long term care purposes. Conversely, a linked benefit product has the death benefit that can be accelerated (via the AOB) but then, once the death benefit is fully depleted, there is a COB or EOB that kicks in to provide additional long term care benefits. So, with linked benefits you can get multiples of the death benefit in long term care benefits if we are talking a life insurance linked benefit product. With linked benefit annuities you can get multiples of the accumulation value in long term care benefits. The presence of the COB/EOB is what makes a linked benefit product a linked benefit product.
Back to the Question:
Are these products too good to be true? No, they are awesome products but the actuarial logic that goes into these products make them very sustainable to create and price. The semi-actuarial reasons are:
1) Interest rates: This not only goes for linked benefits, but also for traditional long term care insurance. We all know that when an insurance company takes the premium, they put it into their general account, which hopefully grows in value so that the carrier can dip into their general account to pay claims. The higher interest rates are for the carrier, the easier it is to pay claims over time all else equal. Today, interest rates are much higher than they were just one or two years ago. This helps the carriers pay claims! However, this rate environment may not last forever so it also comes down to what are the long term interest rate projections that the carrier is assuming as they price today’s products? Today, carriers have much more reasonable long term projections of interest rates than they did a couple of decades ago. A couple of decades ago carriers assumed fairly high interest rates which allowed for low premiums, at least until interest rates substantially decreased. At that point, the clients got love letters from the carrier saying that their premiums on their long term care policies were going to increase! Today, carriers are much more rational with their long term interest rate projection. So, whether it’s traditional long term care or linked benefits, I believe that premiums are much more sustainable going forward. Besides, with most linked benefit products, the premiums are rock solid 100 percent guaranteed.
2) Lapse assumptions: The best thing that can happen for the carrier with traditional LTCI or linked benefits is that the client pays premium for quite a while (long enough for the carrier to offset the acquisitions costs plus profit) then stops paying the premium and the policy lapses without the carrier ever paying a claim. Once upon a time carriers had lapse assumptions of over five percent. Oversimplified Example: At a five percent lapse assumption, the policies that are written this year will be completely off the carrier’s books over a 20-year period of time. This means that the carrier would be free of any claims on the policies written this year because “all” the policies would be lapsed by year 20!
These overzealous lapse assumptions did not happen! Folks that had LTCI generally held onto their insurance until they went on claim. Even after carriers increased the premiums, clients generally did not lapse their policies. In actuarial terms, the “shock lapse” did not meet the carriers’ expectations. Policy owners were extremely resilient in continuing to pay the premiums, which is a testament to how the consumers valued their policies! So, because very few clients lapsed their policies relative to what was projected to lapse, unfortunately some carriers imploded from their inability to pay claims. Today, carriers are generally assuming that consumers continue their policies until there is eventually a claim and are pricing policies accordingly. This helps with the sustainability of premiums for traditional LTCI and helps the insurance carriers remain financially strong.
3) High deductible: Linked benefit products are very sustainable because they are very similar to high deductible health plans. What do I mean by that? Whether that linked benefit product is an annuity that has an accumulation value or a life insurance policy that has a death benefit, the long term care benefits paid are reducing the client’s accumulation value or death benefit first. The first dollars come from the client’s pocket! For example: Assume a client has a $100,000 death benefit on their linked benefit life policy. They also have a long term care pool of $200,000. If the client goes on claim, the first $100,000 in long term care benefits will reduce the death benefit to essentially zero (residual DBs are usually a part of these policies). That means that if the client were to pass away, then the life insurance policy will not pay out a death benefit at that point (or a very small one). But overall, the client wins because they get up to $200,000 in long term care benefits. Another example: If a consumer has a linked benefit annuity with $100,000 in accumulation value but a long term care benefit of $300,000, the first $100,000 in long term care benefits comes from the client’s accumulation value. Although not technically a “high deductible health plan,” it has a similar trait that allows the carrier to better price this product type.
4) Consumer behavior: With traditional long term care, it is a use it or lose it proposition. Therefore, if the client so much as stubs their toe, they may try to go on claim. A bit of an exaggeration I know. But the clients are very inclined to try to use their policy when they can so they get something out of it. Conversely, with linked benefit products, the client is using their own money at first. This leads to lower claims experience at the insurance carrier for linked benefit products.
Opportunity exists when there is a gap in the need that a consumer has and how much of that need has been addressed. I won’t bore you with statistics around long term care that we all know. What I will say is, when you compare the number of people that will need long term care insurance to those that currently have it, the opportunity for you, the financial professional, is huge.
I hope this article provides you with some confidence and knowledge on traditional LTCI, AOB riders, and linked benefit products. It is now up to you to broach this conversation with your clients.
Rollovers, Transfers, 1035s: Don’t Assume You Already Know
A client of mine calls me up and says, “My CPA says (oh boy, here we go) that I should have gotten a 1099-R for my direct rollover that we did into my SEP IRA.” I said, “It wasn’t a rollover, it was a direct transfer which does not generate 1099-Rs.” He said, “You are wrong, my CPA said that direct rollovers and direct transfers are the same and both are reportable to the IRS.” I said, “Your CPA is incorrect. Direct rollovers are reportable but direct transfers are not.” A week later he came back and said, “My CPA says you are correct.”
If the above paragraph makes your head hurt, or the more likely scenario where you are questioning if my information is correct, you are not alone. Veterans in the business and even insurance carriers on their forms do not fully understand that there are differences between indirect rollovers, direct rollovers, and direct transfers. Differentiating between “direct” and “indirect” is fairly easy. However, the difference between “direct rollovers” and “direct transfers” is a little more nuanced. However, as my first paragraph demonstrates, it would behoove all of us to take a quick review of these concepts that many folks “think” they understand. There are differences in tax withholding, tax reporting, and logistics. So, following let’s discuss four different ways that consumers can “relocate” their money without a tax liability.
Non-Qualified Money (Non-IRA, Non-401k, etc.):
1035 Exchange: A lot like how Section 1031 in the internal revenue code allows you to avoid capital gains taxes on business property, Section 1035 in the internal revenue code allows you to avoid income taxation on annuities and life insurance. 1035 exchanges are for non-qualified annuities and life insurance that have had the taxes on the growth deferred, whereas if you were to just cash out the policy Uncle Sam will ask for income taxes on the growth. Again, that is only if your surrender value is higher than your cost basis.
However, what happens if you want to move your money from one product to another? Would there be taxes due on the gain? Not if you 1035 exchange that non-qualified money to another annuity or life policy. The cost basis moves over and so does the deferred gain, at least until you decide to completely cash out the money and take “constructive receipt.” Life insurance and annuities can be 1035-ed to annuities. But only life insurance can be 1035-ed to a life policy. You cannot 1035 annuities to life policies. Imagine if you could 1035 a highly appreciated annuity to a life insurance policy that uses life insurance “leverage” that is tax-free! That would be fabulous. Uncle Sam does not allow this.
Uncle Sam does however allow for the appreciated annuity or life policy to be 1035-ed into a hybrid annuity/long term care policy. So, with this concept you can potentially get long term care leverage that is tax free while never paying taxes on the growth that has been deferred! The Pension Protection Act opened up this option for us.
Qualified Money, Including IRAs: Like how we use 1035 exchanges to avoid paying taxes on the gain in the annuity or life policy, we may have qualified money that we want to move without paying taxes on it. Afterall, if all of the money is pre-tax, as it usually is with traditional IRAs, at some point you have to pay taxes on the entire dollar amount. So how do we relocate qualified money that is eventually subject to taxation? This is where rollovers (indirect and direct) and direct transfers come in.
Indirect Rollover: This is when a check is sent from the retirement plan or IRA and made out to the owner. In this case the owner can deposit that money in his/her bank, but that owner has 60 days to deposit it into another plan or IRA. For indirect rollovers coming from an employer sponsored plan such as a 401(k), there is generally a 20 percent mandatory withholding. If the owner does not make up for that 20 percent withholding when they move the money to their new custodian within 60 days, that 20 percent is treated as if it has been withdrawn. Thus, if the person is under age 59 1/2, there is a 10 percent penalty that applies. What makes an indirect rollover an indirect rollover is the fact that the check is made out to the owner where it is then deposited in their account for 60 days or less. Of course, the custodian that sent the money to the owner will issue a 1099-R reporting the disbursement to the IRS. Note: The 20 percent withholding does not apply to IRA accounts (Traditional, Sep IRAs, SIMPLE IRAs) but does generally apply to employer sponsored accounts.
Direct rollover: A direct rollover avoids the withholding issue that one has within indirect rollovers. With these types of rollovers the account owner never actually deposits the check into their account. A very common example of a direct rollover is when you are sitting with a client and they want to rollover their 401(k) funds to an IRA. So, you call the 401(k) with the company that person just left. Usually over the phone, that 401(k) rep can get the details about the new custodian and new account number, then issue a check that is payable to that custodian “for the benefit of” your client. Many times, your client will get the check mailed to them that they then forward to the new custodian without ever depositing the money in his/her account. The check not being made out to the owner is what avoids the 20 percent withholding and the indirect rollover classification. Direct rollovers need to be reported to the IRS just like indirect rollovers, even though the consumer has not taken constructive receipt of the money. Again, this reporting is done on a 1099-R form the custodian will send out. (Note: For indirect rollovers there is a “once per year” rule that does not apply to direct rollovers and direct transfers that I discuss in the following. That rule we will not discuss here.
Direct Transfer: What differentiates a direct transfer from a direct rollover is that direct transfers are transferring among “like to like” accounts. For example, an IRA to an IRA. Conversely, direct rollovers are usually from an employer-based retirement plan to an individual retirement account. Direct rollovers do not have that “like to like” characteristic that direct transfers have. Understanding the distinction between direct transfers and direct rollovers is important around tax time because I cannot count the number of times where I have gotten calls from clients who said, “My tax preparer is saying I need a 1099-R for the direct transfer we did.” Well, for direct transfers, there is no 1099-R that the custodian needs to issue. For direct rollovers, of course, there is a 1099-R required.
You may be confused when I discuss 1099-Rs being issued with rollovers (indirect and direct) that are reported to the IRS. Remember, just because a 1099-R is issued, does not make that transaction taxable. It depends on the “Code” that is indicated on the 1099-R and also depends on if the money hits the doors of the other custodian. When the money hits the new custodian is when that firm effectively “offsets” the 1099-R with a 5498, which reports to the IRS that the money was indeed rolled over.