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Chris Orestis

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president of Retirement Genius, is a 25-year industry veteran, senior care advocate, author of two books and frequent media expert, and is credited with introducing the LTC-Life Settlement to the insurance industry.

Adding The Life Insurance Secondary Market As A New Client Service Is Your Best, Best Practice Strategy

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The life insurance industry has a revenue-producing secret for you that could be a crucial source of income for your clients as they head into retirement.

The secret: Life insurance policies are just like any other investment and don’t have to be cashed in from the company that sold them; they can be sold on an open market called the life insurance secondary market. For clients who are holding onto policies purchased for a death benefit they can be a lifeline in retirement and the best price they are likely to receive for them will be through the secondary market for life insurance policies.

As the cost of long term care has skyrocketed, financing post-retirement is forcing seniors to get the most out of all of their investments. Most consumers are in the dark about the value life insurance policies hold that they may have bought long ago for estate planning purposes or to protect a small business. In the worst-case scenario, a policy is lapsed because the owner doesn’t want to pay the premiums anymore. For many, the only other alternative is to surrender the policy back to the originating life insurance company for a fraction of the amount they could receive on the secondary market.

As an agent, smart use of the secondary market as an outlet for an unneeded policy can deliver new value to the policy owner and a new profit center to an agent’s practice. Instead of lapsing or surrendering a policy, seniors and their families have the ability to turn a death benefit into a variety of aftermarket living benefits, lump-sum cash, or a retained death benefit. These options provide more than one way to address the unique financial challenges of retirement and those struggling with declining, chronic, or terminal health.

Welcome to a New Market
Established by a Supreme Court decision in 1911, today’s secondary market is a well-regulated, mainstream financial vehicle that provides a number of solutions for agents and advisors working with senior clients. As a best practice, agents are adding settlements to their product mix just like any other insurance-based option. As part of a discovery and review process, determining what is the best use for an in-force life insurance policy is both a matter of common sense and fiduciary responsibility.
The Problem
Millions of seniors own and have made payments on life insurance policies that they will lapse or surrender without realizing their policy is actually an asset with secondary market value. Unfortunately, too few policy owners understand this fact and, according to the Life Insurance Settlement Association, almost nine out of 10 universal life insurance policies will be abandoned before paying out a death benefit.
The Solution
Over a decade ago, the market started to become mainstream and life settlements were viewed as a viable solution to pay for long term care. This marked a shift in the marketplace that opened up settlements to a larger, middle class population who would rather exchange an unneeded death benefit than simply abandon it. Now a life insurance policy can be exchanged for a variety of financial vehicles designed to address the unique needs of seniors including long term care benefits, annuities, retained death benefits, or lump-sum cash.
The Strategy
Providing the settlement option to your clients on a daily basis, just like a life, annuity, LTCI, or DI product, is both a smart offensive and defensive strategy for your practice.

Retail Strategy:

  • The secondary market option can be actively promoted to clients to help them or family members as they consider their options with an in-force life insurance policy. Adding this option to marketing materials, presentations/seminars, advertising, website, social media, and your discovery/advisement process with clients provides a powerful option to monetize an existing asset instead of abandoning it.

Wholesale Strategy:

  • Reviewing your entire book of business can identify policies among your clients that could be settled before they are abandoned. Adding this back-office system turns old business into new leads and creates a recurring profit center.

Four Common Case Scenarios
1) Partial Surrender vs. Retained Death Benefit
Let’s look at the hypothetical case of a client with a $1 million term life policy that doesn’t need or want to maintain the death benefit and is considering converting the policy to a reduced death benefit amount of $100,000.

If the insured is older than 65 with impaired health conditions, they may be eligible for the secondary market exchange of their policy instead of a partial surrender back to the carrier. In this circumstance, the insured may qualify for as much as $200,000 to $300,000 (or more) of retained death benefit without paying any more premiums. For the agent, their compensation is based on the conversion of the $1 million of face amount that is settled as well as the exchange referral fee. The policy owner and agent who executed a reduced death benefit through the secondary market ended up with a scenario much more valuable, and relieved themselves of the need to make any more premium payments.

2) Long Term Care Benefit Instead of Surrendering to Spend Down for Medicaid
Many seniors who need funding to pay for senior living or long term care will think their best bet is to qualify for Medicaid by spending down their assets. If they own a life insurance policy, many times their first impulse is to abandon the policy in order to qualify for Medicaid. But, they may be throwing away their chance to remain a private-pay patient and stay in control of their health care decisions.
In this case, let’s say this policy owner has a $100,000 policy with $5,000 of cash surrender value. To qualify for Medicaid, they would spend that $5,000 down on care in probably a month or two and then go straight onto Medicaid. But if they were to access my company’s LifeCareXChange, they could receive a $30,000 to $50,000 settlement that could be used to fund a Long Term Care Benefit Account (sort of like an LTC-HSA exclusively funded by a settlement) that would allow them to remain private pay with their choice of care setting for as long as there is money in the benefit account.

3) Lump Sum Settlement as a Policy Exit Strategy
Many life policy owners purchased large-face policies for estate planning purposes. Until 2018, the estate tax threshold for an individual was $5,490,000 and twice that for a couple. But, with the enactment of tax reform, the estate tax threshold for an individual is now $11.18 million and twice that for a couple—more than $22 million. As a result, there are life insurance policy owners who may be deciding they no longer need to carry large face policies designed to protect their estates. After years of premium payments, they could be walking away from their policies for big losses.

Let’s say you have a policy owner with a $5 million term or universal life policy and, instead of abandoning it, the owner decides to seek out the secondary market value as an alternative. It is quite possible, depending on their age and severity of health impairments, that they could receive 20 percent or greater of the policy’s face value. So, let’s be conservative and assume they received 20 percent for a lump sum payment of $1 million. For the policy owner, this is a much smarter exit strategy out of the policy than if they were to lapse or surrender.

For the agent, they would receive a referral fee based on the death benefit amount of the policy and, if it is a convertible term life policy, they are able to receive the conversion compensation as well. In this scenario, instead of abandoning the policy for little to nothing in return, the policy owner received the secondary market value for a much larger and smarter exit strategy.

Secondary Market Xchange to Fund an Annuity
What is the best strategy for a client who owns a life insurance policy they no longer plan to keep in force and is looking for ways to establish a guaranteed monthly income stream? There are a variety of annuities that will create guaranteed monthly income streams for either a period certain timeframe or for the life of the annuitant. For a policy owner with cash surrender value, a likely scenario is to surrender the cash value in the policy to fund an annuity on a tax-deferred basis. The agent will be compensated based on the amount of funds from the policy surrender that is rolled over into the annuity.

But what about the policy owner who explores funding an annuity with the secondary market value of their policy?

Let’s say a policy owner with a $500,000 policy has $50,000 of cash surrender value in it. They could exchange the $50,000 into an annuity, and their agent would be compensated for the annuity purchase at that level. However, what if this policy owner was able to qualify for the secondary market exchange of their policy instead and receive 20 percent or more of the face value of their policy? In this case, the policy owner would settle their policy for $100,000 or more, giving them far more than the cash surrender value to fund their annuity. This would obviously create a bigger monthly income stream for them and, in turn, as the agent you would be compensated at a higher level.

Conclusion
As the insurance industry struggles to stay in the same place it was 50 years ago—the American Council of Life Insurers reported that the U.S. life industry sold 27 million policies in 1965—the same amount it sold in 2016—to a population that was 50 percent larger. To thrive in today’s market requires adaptability, responsiveness, and creativity. Advisors know they need to add innovative solutions to their toolbox as market conditions continue to evolve at a rapid pace. As a best practice, those able to identify and harness emerging market opportunities put themselves in the enviable position of creating new solutions for their clients and new profit centers for their businesses.

With Few Guarantees In Retirement, Life Insurance Policies Emerge As Many Retirees’ Life Preserver

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Retirement in America doesn’t come with a guarantee anymore. For many retirees, there is a growing uncertainty about their retirement and it is making them look closely at assets like life insurance policies as a way to pay for it.

The life insurance policies many seniors have paid into, often forgotten or misunderstood, have grown in importance as a potential income source that can make a difference once they retire. Retirees often hold these policies to pass on assets to heirs or to pay for estate taxes upon death, but, as needs change (and the estate tax exemption has been raised), the need for the policies can change too—especially when their costs rise.

The December surprise many seniors experience is just how expensive it can be to retire. Medical costs and the threat of the need for long term care have turned many seniors’ plans for retirement upside down, requiring them to find more assets than they originally thought they would need.

Selling a life insurance policy to companies in the secondary market has become a viable strategy for these retirees. According to the Employee Benefit Research Institute’s annual survey,1 confidence about having enough money in retirement has declined in part because of concerns about medical costs. The survey found that 44 percent of retirees said their healthcare expenses are higher than they expected when they first retired. If that includes long term care, costs have skyrocketed with the cost of a private nursing home room nearing $100,000 a year according to Genworth Financial.2

One of the responses to this feared shortfall in retirement has been to keep working beyond retirement. But, a Federal Reserve study3 found that while 38 percent of respondents said they planned to do that to make their retirement funds last longer, only seven percent actually did.

This makes the proper use of assets like life insurance all the more important. Life settlements have been around since 1911 when the Supreme Court ruled insurance policies could be bought and sold like other investments. The awareness of the ability to sell a policy to a third-party company has been slower to catch on; many holders have surrendered policies to the issuing insurance company for a lot less than the open-market value or they have simply stopped making premium payments.

The industry supporting sales of policies has grown to total $1.7 billion in policies sold in 2016 according to the Life Insurance Settlement Association. It has become a mainstream asset strategy that includes several options for policy owners and agents to turn what often is an unneeded death benefit into a living benefit for their immediate needs.

There are a variety of options policyholders can potentially access through the secondary market. They can use a policy to create a guaranteed income stream through the seamless exchange of their policy for an annuity, benefiting from the market value of the policy that can be five to eight times the surrender value. 

The owner could also address the expensive costs of long term care by exchanging the policy for a Long Term Care Benefit Account, which the National Association of Insurance Commissioners cited in its July, 2017, paper Private Market Options for Financing Long-Term Care. This is a specific bank-trust account designed to make monthly payments to any form of senior living or long term care facility and does not require filing claims or completing any waiting period. 

The policy owner could also elect to keep a reduced paid-up death benefit by exchanging the policy for a Retained Death Benefit without being responsible for any future premium payments. And, of course, the owner could elect to take a lump-sum cash payment in exchange for their policy that, on average, could be five to 10 times greater than any remaining cash surrender value.

While this strategy has been building as a trend among retirees and their advisors, several important tax changes have been made that make selling a life insurance policy even better:

  • Tax Treatment of a Life Settlement. Tax treatment for a life settlement was revised in the Tax Cuts and Job Act of 2017 (TCJA).4  This tax provision from 2009 created a difference between the tax treatment for a policy owner when surrendering a life insurance policy versus settling a policy. The new ruling, retroactive to 2009, establishes that tax treatment for surrender value and a life settlement are on equal footing when calculating basis. Now a policy owner only pays capital gains tax based on the amount of funds realized beyond the owner’s basis in the policy.
  • Estate Tax.  Many large life insurance policies were purchased over the years as a wealth and legacy preservation strategy to offset the impact of estate taxes. Prior to the TCJA the estate tax threshold was $5,490,000, but starting in 2018 that number has been almost doubled to $10,000,000. With this increase, policies currently inforce to protect estates valued below this level may no be longer necessary. This means that life settlement may be an ideal exit strategy for a no longer needed policy. It may also be a chance for the policy owner to recoup some or all of their premium payments now under more advantageous tax conditions.
  • Exemption from Federal Taxes.  The IRS has ruled that a life settlement is exempt from federal taxes for a policyholder considered to be terminally or chronically ill.5 For a policy owner facing potentially high costs associated with severe healthcare or long term care needs, settling their policy may be a significant financial benefit during a time of need. 

 

Footnotes:

  1. https://www.ebri.org/pdf/surveys/rcs/2018/RCS_18.FS-1_Confid.pdf.
  2. https://www.genworth.com/about-us/industry-expertise/cost-of-care.html.
  3. https://www.federalreserve.gov/2015-report-economic-well-being-us-households-201605.pdf .
  4. https://docs.house.gov/billsthisweek/20171218/CRPT-115HRPT-466.pdf .
  5. https://www.law.cornell.edu/uscode/text/26/101.

Is A Failure To Plan A Death Sentence?

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The costs of long term care are back on the rise, surging 4.5 percent this year alone to almost $100,000 a year for a private room, according to Genworth Financial. It’s a cost most families don’t contemplate until it is time to start paying for care and, by then, it can be too late. 

The United States is facing a financial crisis driven by generations who have “failed to plan” for retirement and the long term care that 70 percent of those over 65 will need according to the Department of Health and Human Services. Families can quickly run through savings and investments trying to provide care for a loved one as they face a bewildering world of programs and choices among the public programs, the care options and the investing opportunities. 

Without knowledge, professional guidance and a strategy, the most painful part of getting old isn’t the aging process—it’s figuring out how to pay for it. What follows is a guide to counseling families through the process of planning for long term care.

 

Understanding the needs of an aging population
Long term care is a family endeavor—everyone is involved and everyone plays a unique role. Recognizing when someone needs care and then understanding the role each family member can play are important tools for advisors. 

In many situations the need for care will creep up on a family, and people realize they have assumed caretaking duties that take up more and more of their time and resources. 

 

Warning signs that the time has arrived for professional long term care of a loved one:

  1. Physical Deterioration: Significant weight loss, balance issues and falling, loss of strength and stamina, and other losses of “activities of daily living” such as the ability to shower or toilet, dress, or eat independently.
  2. Mental Deterioration: Cognitive deterioration is an important warning sign. Be on the lookout for dementia and Alzheimer’s.  These conditions can worsen quickly and can lead to many physical breakdowns and safety issues. 
  3. Lifestyle Deterioration:  Is the home not being kept as neatly as in the past?  Are things oddly out of place (a house plant in the fridge, pots and pans in the bathtub)? Are there signs of physical damage (the car crashing into a fence or the wall of the garage, burn marks on the kitchen wall from a flash fire)?  Long term care is both a matter of healthcare and of safety.

Over the years, family members gravitate naturally to roles that fall into several stereotypes that often prove to be highly accurate descriptions of their roles. Knowing where they fit can be very helpful in your approach to meetings and communication.

 

Family Stereotypes:

  • Caretaker—Provides care for the loved one at home and, without realizing it, becomes a fulltime caregiver. Usually this is a spouse, or an adult child—most often a daughter. 
  • Bookkeeper—Focuses on the financial aspects, trying to determine what assets or insurance policies are available to help with the costs of care.
  • Chauffeur—Drives the loved one to appointments, runs errands, makes grocery runs and eventually may drive the aging loved one to tour assisted-living facilities.
  • Guardian—Takes on such roles as power of attorney or trustee, assuming the legal responsibilities within the family.
  • Denier—Can’t accept or admit that the loved one, or they themselves, need care.
  • Know-It-All—Most annoying of all—constantly questions decisions, or lobs suggestions from the backbench, but isn’t near the situation or involved hands-on.

Failure to Plan
Over their adult lives, people are repeatedly warned to plan for the future. But the reality is that too few actually heed the warnings, and they don’t secure insurance or financial products that can mitigate their future risks. The good news for the majority of people who find themselves in this predicament is that there are solutions to help. One of the fastest growing areas of funding long term care is in the area of crisis management. There are “point-of-care” tools available to families that can help pay for the costs of care at the time that they are needed. One tool that is becoming more prevalent is exchanging life insurance policy death benefits through the secondary market and converting them to living benefits. These are structured vehicles such as long term care benefit accounts or an Xchange Annuity that will pay for the costs of senior retirement living and long term care.

Instead of abandoning the policy or providing a benefit upon death, it can be exchanged for living benefits that protect loved ones while the owner is alive. Living benefits help an insured:

  • Avoid becoming a physical or financial burden on a spouse or children;
  • Avoid the physical and financial toll on family members being forced into the role of a caregiver; 
  • Avoid the sudden disruption and resentment this will cause throughout the family; and,
  • Stop the drain of income and assets that supports the family today and into the future.

The irony for people who reach the point that they actually need long term care is that their advanced age and levels of impairment increase the value of their life insurance policies’ secondary market exchange value. Once someone enters the long term care continuum, his or her remaining life expectancy is likely to compress due to a combination of environmental, attitudinal, and health factors. Because of this, the owner of a life insurance policy with an immediate need for long term care is typically valued higher for the exchange of their policy, making available more private pay dollars. Anyone who would be declined for life insurance or on claim with a long term care policy is actually the ideal candidate to exchange his or her life insurance policy to pay for long term care.

 

Finding the Solution
There are less than eight million long term care insurance policies in force today, but there are more than 150 million life insurance policies. The challenge is to educate life policy owners about their living benefit options before they lapse or surrender a policy. According to the 2016 Conning Life Settlements, Secondary Annuities, and Structured Settlements report it is estimated that on an annual basis $185 billion of death benefits owned by seniors will likely lapse or surrender without owners considering the option of using a policy to pay for long term care. This is a massive asset pool that could be used by families to help pay for long term care costs that goes to waste. 

Life insurance policies are one of the most valuable assets a person will ever own. Think of life insurance like a home: People make monthly mortgage payments for years and would not abandon the home when they reach retirement age. The same is true for life insurance: After years of premium payments why would the owner abandon this asset?

A failure to plan does not need to be a death sentence. By understanding when people need care and how to work with their family members, opportunities to present solutions at the point of care will arise. A family that is confronting long term care for a loved one is looking for immediate solutions to two primary questions: What is the best form of care, and how do we pay for it? Brokers who put themselves in a position to answer these questions and bring solutions to the table will establish themselves as a lifesaver with the family. From there, the broker should expect to keep busy helping other family members set themselves up so they, too, do not get caught in the “failure to plan” trap.