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Jay Scheiner, JD, CLU

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Jay Scheiner, JD, CLU, is executive vice president of Agent Support Group, an AmeriLife company. For over 30 years he has worked with independent insurance and financial advisors designing plans for individuals, businesses and estates. Scheiner is a frequent speaker to insurance groups. He is the author of numerous articles and is a past contributor to Broker World. Scheiner’s recent book, The Promise of Kilimanjaro, is available on Amazon. Scheiner can be reached by telephone at: 516-467-1190. Email: jay@asglife.com.

I’m Dead. Now What?

What If?

My father passed away seven years ago. He was 93 when he died, but his mind started deteriorating six years before that. Alzheimer’s stealthily stole the essence of who he was, and watching him lose a step here and there was painful for our entire family. We were very close and I miss him every day. My dad would have preferred to die of a heart attack while enjoying a long walk but, as it turned out, he had a long time to consider what was just over the horizon. A loving and conscientious husband and father, he thought carefully about the comfort and safety of his wife and family after he was gone.

Among the many wonderful gifts my dad gave my mom, my siblings, and me was a thick file labeled “What If.” Compiled when he learned he might soon be unable to manage his affairs, the file contained important information we would need when he was gone. This included everything from his funeral and burial wishes, to details on his finances, to a list of important advisors such as his attorney and accountant. He told us how he wanted his funeral service to flow, who should speak, even that women should wear brightly-colored dresses and men should wear ties.

My dad’s What If file contained passwords we would need, banking and personal property information, account numbers, and instructions on how to find the things we would need to handle his estate and move on. He furnished information about his life insurance policies, such as company names and policy numbers. Knowing what was to come, he left advanced directives instructing us specifically under what circumstances he would want to be treated for medical conditions and when to let him go. With his What If file my father even reminded us that he had given each of us jewelry and cherished items when he was first diagnosed with Alzheimer’s, and expressed his personal thoughts and wishes for each of us and our children.

Did he forget to include anything? After spending several years working on his list, my dad covered nearly everything we needed to know. After he passed away the What If file was with us every step of the way.

The Sh*t Show: Your Client Who Lets Things Slide
My dad was meticulous in covering all of his bases, but he knew, and had the courage to face, what was coming. Sadly, many of our clients refuse to acknowledge that death could be right around the corner for anyone, postponing preparation for some amorphous time in the future. Millions of people paint this sad self-portrait. In 35 years of working with insurance agents and their clients, I’ve seen too many people neglect to leave useful instructions for family and executors, afraid of even mentioning what is inevitable for all of us. In the aftermath, I’ve seen those they left behind struggle to handle everything from settling an estate to notifying their friends and social media connections of their passing. Where do we find the healthcare proxy, the advanced directive, the will? If she never expressed her wishes, should we keep a loved one alive once there is no chance of recovery? Where did he keep the burial plot deed? A safe deposit box could contain a fortune in jewelry or gold coins, or the original will; in most states you cannot get through probate without an original will (a will should never be kept in a safe deposit box, but that’s a different article). How can we use a safe deposit box key if we have no clue what bank holds the box? What do we do about credit cards, debt, auto leases, business interests? If we can’t find login information, social media accounts may remain active indefinitely, and every year Facebook followers will be reminded to wish the deceased a happy and fun birthday.

Clients neglecting to update, and share, their plans risk their estates ending up very different from what they thought they’d planned. When the loved one dies the family searches frantically and often unsuccessfully for online banking and investment information. In such a situation, an ex-spouse or former business partner might still be the beneficiary of life insurance (and thrilled with the oversight). If there are no contingent beneficiaries designated, the courts might have to decide who receives the insurance.

“I’m Dead. Now What?”
Death comes to all of us—the only question is when. As insurance advisors we know there is nothing more important than helping our clients plan for it. To be a great insurance adviser, part of your job is also to look out for the peace of mind of your clients and, by extension, their loved ones. I’m Dead. Now What? is the quirky title for one of several peace-of-mind planners (a few have toned-down titles such as What To Do When I Die). You enter the information in the guided planner and make sure your loved ones know where to find it. Like my dad’s What If file, these volumes foster a sensible approach to organizing a person’s legal matters, health directives, financial affairs, estate documents, personal instructions, and more. The books suggest you make provisions for pets, insert personal letters to loved ones, and outline charitable donations that you would like made in your memory. I’m Dead. Now What? has a section titled, “What to Pay, Close and Cancel,” with space for providing the account and contact numbers for credit card companies, utilities, landlines and cell phones. In the life insurance section there is space to list each policy with the name of the insurance company, the face amount of insurance, the policy number, who the beneficiary(ies) are and in what percentage, and customer service or claims phone numbers. (Note—no insurer will require a beneficiary to produce the original policy.)

A Practical Gift
What an impact you would make if you gave each client this valuable gift of an organizer like I’m Dead. Now What? For about the price of a bottle of Merlot, you can set a spark that can lead to an in-depth conversation that may naturally flow to estate planning topics such as keeping wills and life insurance up to date, correct ownership and beneficiary designations, annuities, and funding for long term care needs. If you want to be an exceptional insurance advisor, take the leap and talk to your clients about preparing their loved ones for their final days, even if they are in fine health now.

Killing Retirement

I’ve always been fan of Bill O’Reilly’s “Killing” series. Even though I knew the endings, books like Killing Lincoln, Killing Kennedy and Killing the SS brought history to life. Lately, those Killing books made me think about how trends in our industry and forces beyond our control, including federal tax changes, are trying to kill retirement as we know it. Specifically, the rise in popularity of 401(k) accounts that are replacing the traditional pensions which protected retirees in prior generations, the stress on the Social Security Trust Fund and the struggle for Americans to save enough for retirement. We as insurance advisors have an obligation to show clients solutions they can use to prevent the killing of their own retirement.

According to author Nathaniel Lee (CNBC How 401(k) brought about the death of pensions) Americans have saved about $6.5 trillion in 401(k) accounts, representing nearly one-fifth of the U.S. retirement market. Since the 1980s, 401(k) accounts have effectively replaced pensions to become one of the most popular retirement plans for American workers for the 60 million Americans who participate in them. “It’s part of what we call the three-legged stool of the U.S. retirement system, the other two parts being Social Security and private savings,” said Anqi Chen, assistant director of savings research at the Center for Retirement Research at Boston College. Until the 1980s, most Americans planned for retirement through traditional pensions. They were defined-benefit plans, where employers saved on workers’ behalf and calculated employees’ retirement benefits based on their years of service and final salary.

“With a traditional pension, the risk is all on the employer or the pension fund. The pension fund trustee has to figure out how many years on average the people in the pension fund are going to live and has to tie the benefits to projected earnings,” said economist Monique Morrissey. That changed when Congress passed a new tax code in the Revenue Act of 1978. The act included a new provision in the Internal Revenue Code, Section 401(k), which gave employees a tax-advantaged way to defer compensation from bonuses or stock options. Unlike traditional pensions, 401(k) plans are defined-contribution plans. Employers create a retirement plan in which their employees can contribute a portion of their wages on a pretax basis, up to an amount determined by the IRS, and the employer typically makes a small matching contribution.

What changed? We went from a system where the employer in the private sector paid for the entire pension and took on all the risk to a system where the worker in the private sector took on most of the cost and all of the risk. 401(k) and other defined-contribution plans like it quickly replaced traditional pension plans. From 1980 through 2008, participation in pension plans fell from 38 percent to 20 percent of the U.S. workforce, while employees covered by defined-contribution plans jumped from eight percent to 31 percent, according to the Bureau of Labor Statistics. “Within a decade, the majority of workers overall were in a 401(k) rather than a traditional pension,” said Morrissey.

How can you best advise your clients? With one leg of the stool weakened—pensions replaced by less robust 401(k)—and the second leg (Social Security) in danger or at a minimum stressed to the limits—the most effective way you can help your clients is to make sure they reinforce the third leg of the stool—private savings. We as advisors have important tools to offer clients to reinforce the third leg of the stool. We can offer annuities and innovative life insurance products that are tailored for each client’s specific needs. We can protect their families while saving for their future with whole life, indexed universal life and variable life. We can show clients not only ways to accumulate wealth for their retirement, but structured methods of distributing their money and interest back to them on a tax-favored basis through annuitization or disciplined withdrawals from life insurance products.

Yes, with the death of traditional pensions and the social security system stressed, it’s up to advisors to show clients what is available and to help plan for and secure their retirement. Killing retirement will only occur if they fail to plan and if we fail to properly advise them.

Could Life Insurance Pricing Skyrocket As A Result Of COVID-19?

Could life insurance rates skyrocket? As the COVID-19 pandemic continues to impact the health of people throughout our country and the world, producers are questioning how the virus will affect life insurance pricing for their clients going forward. I spoke with several industry experts and actuaries–here’s what I found:

COVID has made it harder for many to get a new life insurance policy
Insurers considered immediate and significant pricing hikes on rates in the short-term, but we have not seen this. Instead, some insurers have stopped selling insurance to individuals over a certain age or above a certain rating class rather than taking a singular pricing action. This withdrawal from selected markets (the populations most at risk for COVID deaths) is how many insurers defensively dealt with the virus early on in the pandemic.

While all insurers experienced losses as a result of a spike in mortality from early 2020 to early 2021, some realized a less dramatic increase in claims because many of the COVID deaths were from populations that tended to no longer be insured (the elderly) or insured for more modest face amounts. There is also the reality that many of the deaths that have occurred from COVID in the elderly or sick populations would have occurred anyway. Companies specializing in term insurance experienced less of an impact than those concentrating on permanent coverage.

Is the spike in mortality short-lived or will it be a continued threat to insurers?
The industry pros I spoke with point to the record-breaking development of highly effective vaccines as a game changer; they believe in the ability of those pharmaceutical companies to also modify the vaccines to combat COVID variants. However, the big question is whether the industry will actively price into a life product the possibility of new and wholly unrelated pandemics years or even decades into the future–and at what cost. As former CDC Director Virologist Robert Redfield stated recently, “There will be another pandemic, guaranteed.”

There are less direct but related factors affecting mortality as a result of the COVID-19 pandemic and lockdowns:

  • People have been reluctant to see their personal physician and specialists for routine examinations and screening tests.
  • Impact of effects of “COVID Syndrome” where the illness carries a lasting impact on the body which can ultimately impact mortality.
  • The increase in alcoholism and drug usage seen as a result of lockdowns.

A few unforeseen benefits uncovered during the pandemic:

  • The near disappearance of the flu and reduction in the common cold in the U.S. last winter, likely due to mask-wearing, frequent hand-washing and social distancing.
  • Many young and healthy people can now purchase significant amounts of insurance without an exam or bloodwork–some carriers have raised these non-medical limits to multi-million dollar levels.

Ask your client, does the COVID-19 pandemic make it more important than ever to have life insurance? The answer will probably be yes. We don’t think that COVID-19 significantly changes the answer to whether your client needs a life insurance policy. Life insurance has always been necessary for anyone whose death would result in financial strain for a family member or business, or anyone who depends on someone else for financial support. Your clients should have enough insurance to replace that support for as long as it is needed. Married couples, even those without children, can also use life insurance to ensure that each spouse can maintain their prior standard of living even if the other passes away.

So, will life insurance rates skyrocket as a result of the COVID-19 pandemic? According to the sources I spoke with, the answer is probably no. But combining the COVID-19 burden with other pressures the insurers are currently dealing with, such as sustained low interest rates and increasing regulation, there is now a pronounced upward trend in life insurance pricing.

The bottom line is that your clients should buy while they can qualify, and sooner rather than later, as it is unlikely we will see rates as affordable as they are today.

Don’t Leave It To The Kids And Other Costly Beneficiary Mistakes

You are an insurance advisor meeting for the first time with your new clients, Jim and Deb. You asked them to bring, among other documents, their current insurance policies and their Wills to the meeting. This married couple, around 40 years old, have twin daughters, Dana and Donna, age 10. While reviewing their current life insurance policies, you notice that their beneficiary designations are not what they should be.

Jim’s Policy Primary Beneficiary: Deb, spouse of the insured. Contingent Beneficiaries: Dana and Donna, children of the insured.

Your clients should not name their minor children as direct or contingent beneficiaries, since a life insurance company can’t pay out proceeds directly to children until the children reach the age of majority, typically 18 or 21 depending on state law.

In most jurisdictions, to protect the interests of a minor, state law requires appointment of a guardian or trustee to administer proceeds payable to the child. Appointment proceedings will delay access to the death proceeds and generate unnecessary legal and administrative expenses. As important, the fiduciary named by the court may not be the one the insured would have chosen if they had made this decision during their lifetime.

Deb’s Policy Primary Beneficiary: Jim, spouse of the insured. Contingent Beneficiaries: (none indicated).

Your clients should designate a contingent beneficiary in all of their life insurance policies, and the beneficiary designation should be worded in a way that will best benefit their children.

Having no named contingent beneficiary is the same as naming the insured’s estate as the beneficiary. Is this a bad thing? It can be; in the absence of a Will designating a guardian or trustee the courts will intervene, which may cause long, frustrating delays. The courts could also impose restrictions on how the proceeds will be spent or distributed, which may be contrary to what the insured would have wanted for their children.

While Jim and Deb will go to great lengths to protect their children (that’s a major reason they purchased the life insurance), they need you, the insurance advisor, to help them find appropriate solutions. It is therefore important that the beneficiary designations allow for the distribution of the life insurance proceeds in the most disciplined manner possible to provide maximum benefit to their children when the parents are gone.

Okay-here are some practical ways to ensure that minors, through the people entrusted with their care, have access to the life insurance proceeds intended for them:

  • Make the contingent beneficiary of the insured’s life insurance policy a Testamentary Trust in the insured’s Will. The terms of your client’s Will can contain this trust, which does not spring to life until the death of the insured. Referencing the trust in the Will is a precise way to ensure that the parent’s exact wishes for their children are followed. The trust, which is a legal document, names the person the insured chooses as the Trustee, and describes how the parent would like to have the money managed and spent and for how long. An 18-year-old may be an adult under the laws of many states, but the client’s testamentary trust could be written to keep the newly-minted adult from frittering the money away before he or she is 25 or 30.
    • In our example, the contingen beneficiary section of the life insurance application would state: (Trustee’s Name) as Trustee under (Article X) of (Jim or Deb’s) Last Will and Testament dated (January 1, 20XX).
  • Taking advantage of the Uniform Transfers to Minors Act (UTMA) is an excellent way to ensure that children receive proceeds from a life insurance policy, especially if the parents have not yet executed their Wills. Under the UTMA, the parents would name an adult custodian who is given the discretion to make distributions for the minor’s welfare. The UTMA account (which is essentially a statutory trust) allows parents to choose a custodian-a person they trust-who would manage the life insurance death proceeds, and other assets they might have in the account, as they see fit prior to the children reaching majority.
    • Some insurers have a specific form to assist in making a beneficiary designation with UTMA custodian the beneficiary or contingent beneficiary of a life insurance policy.
    • If no special form is available, the following wording would generally be accepted: (Custodian’s Name) as custodian for (child’s name) under the (State) Uniform Transfers to Minors Act. However, you should confirm with the insurance company the specific wording they would accept.
  • Designate a Living Trust as beneficiary or contingent beneficiary in place of the child directly. This is similar to the testamentary trust referenced above, except that a living trust exists at the moment it is executed, whereas the trust in the client’s Will (testamentary trust) begins its life only at the insured’s death. Like the trust in a Will, a living trust allows the insured to detail the terms and conditions of gifts and plan for every contingency. The downside of this type of trust is that it will require some level of administration from the outset. If your client has a child with special needs, your client should have a living trust. If their net worth is in the tens of millions, it’s a no-brainer, and in that case the trust should be irrevocable. For those looking to set up a living trust Michigan, it might be a good idea to reach out to lawyers with experience in setting up all manners of living trusts, wills, powers of attorney, and estate plans, like those at Rochester Law Center.

Conclusion: Your clients rely on you to help them make good decisions with respect to their life insurance. These skills can separate you from those less knowledgeable. Your ability to immediately spot planning flaws (minor children as direct beneficiaries or silence as to contingent beneficiaries) may get your client to open up to you and begin talking about what is important to them. Your understanding of, and the ability to explain, the various beneficiary options is just one of many skill sets you should possess. While it may seem like a big job to get this step right, keep in mind that not doing so could have repercussions for your clients’ heirs for many years to come.

Life Insurance As Long Term Care Insurance

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Some of our clients apply for long term insurance (LTCI) or combined life with a long term care rider, only to be denied coverage due to adverse health history. Often these clients already own, or can qualify for, a life insurance policy without a long term care rider. In this situation, many families can preserve family assets by using life insurance as a stand-in for an LTCI policy or long term care rider.

Example: Denise, age 60, is a non-smoker, in reasonable health except for type 2 diabetes, osteoporosis, and a questionable echocardiogram. She applies for $600,000 of guaranteed universal life with a long term care rider that will provide up to $12,000 a month for up to 50 months of care. The $600,000 policy with long term care rider would cost Denise $11,800 per year at standard. The same $600,000 policy without the long term care rider would cost her $9,800 per year. While Denise is accepted as a standard risk for life insurance, she is denied coverage for the long term care rider. Denise accepts the policy as offered without the long term care.

Fast-forward 20 years and Denise, now age 80 and disabled, requires long term care services and would qualify for a long term care claim. She remains disabled for 36 months before she dies.

If Denise had a policy with long term care she would have paid $236,000 in premiums until the time she became disabled, and another $29,900 until she passed away. After a 90-day elimination period–during which Denise would pay $36,000 for her care–the policy would pay her $12,000 per month for the remaining 33 months of her life, for a total of $396,000. At her death her beneficiaries would receive the balance of the policy, $204,000, as a death benefit. The total Denise and her heirs would receive from the policy would be the combined policy limit of $600,000.

If Denise had a policy without long term care she would have paid $196,000 in premiums up until the time she became disabled, and another $29,400 until she passed away. By spending down her savings, Denise would pay $12,000 per month for care for the 36 months of her disability, for a total of $432,000. After her death her beneficiaries would receive the $600,000 death benefit tax-free—effectively replenishing all of the costs of Denise’s lengthy illness and care plus an additional financial legacy for her loved ones.

As you can see from Denise’s story, life insurance can act as an ideal asset to replace the cost of care even in the absence of a long term care component. We have worked with agents and advisors in structuring hundreds of insurance plans for the purpose of funding the cost of care. Sometimes the solution comes in the form of a traditional LTCI policy. More often than not it is in the form of life insurance with a long term care or chronic illness rider, and certain situations call for a single premium long term care hybrid product. There are times, though, when a family like Denise’s, which bears the burden of long term care expenses, can best be reimbursed using the death claim from a life insurance policy.

Insurance By Selfie!

Insurance companies can’t keep up with buyers’ demand for instant product gratification; even “accelerated” underwriting programs aren’t fast enough for some consumers. Meanwhile, companies have an interest in eliminating costly exams and lab fees. So, 21st  Century tech to the rescue! Enter Chronos, a new technology from Lapetus Solutions, Inc. (LSI), the science and technology company that uses facial analytics to estimate life expectancy, with an approach similar to what advanced law enforcement uses to predict how a fugitive may age over decades. The client submits a selfie to the insurance company and the insurance company provides an indicative quote for life insurance.

A selfie reveals more than whether it’s a good hair day: Facial lines and contours, droops and dark spots could indicate how well you’re aging.  A photo may reveal early signs of heart disease, diabetes, or even dementia. It can help estimate your body mass index (BMI), determine your physiological age (how old you look), and indicate whether you’re aging faster or slower than your actual age.  A selfie can even hint at whether you smoke, or smoked in the past.

If a proposed insured applies for coverage with a carrier that uses Chronos, the theory is that buying a policy online could someday take only minutes; clients may also avoid a paramed exam and labs. Many insurers are looking into this new technology, but the makers of the system are reluctant to disclose which ones just yet. “[Chronos] may or may not meet the vetting process to make carriers comfortable,” says Robert Kerzner, president and CEO of LIMRA.

Facial analytics that can predict life expectancy have the potential to revolutionize life insurance underwriting, as the technology may prove as accurate in predicting risk as current methods, and additional electronic checks such as the MIB, MVR or prescription drug database might be used as a cross-check. Chronos could also streamline the process of buying insurance by reducing the number of questions clients have to answer, another sore spot for consumers. But—while the newswires have lit up over the past six months with articles and press releases about selfie insurance being here, they’re wrong! I can’t find a single carrier that will actually write a policy based on this technology right now.  I was told by one senior insurance executive exploring Chronos that they’re now just using it for analytics.  When someone takes the selfie quote on their site, the responses go to the insurance company which, through the technology, will give the person their facial age. Then the information gathered goes to Lapetus for beta testing and data collection to expand their research. I was told they then delete the information. I hope so.

Will insurance-by-selfie replace traditional underwriting procedures or even the newer rule engines that companies are using to access risk and make underwriting decisions? Probably not. Could it become another tool that insurers can use to assess risk and streamline the process? That’s more likely.

And then there’s the further concern that insurance-by-selfie can become another way the industry attempts to bypass the agent in transactional insurance sales. It’s possible. One of the insurance carriers we represent has the system in the testing stage. Ominously, the company executive announcing it on LinkedIn has the title, “Vice President, Direct-to-Consumer Distribution.”

Smile and say “cheese.” This is one story we should all keep watching… 

 

Sources: 

  1. How your Selfie could affect your life insurance, USA Today, Barbara Marquand, NerdWallet, April 25, 2017.
  2. Can a Selfie get you quicker life insurance coverage?,  Accuquote.com, Byron Udell, May 2, 2017.
  3. Underwriting Life Insurance with a Selfie, GlobalData, Danielle Cripps, News Archives 2017.
  4. Interview of a confidential source (We’ll call this officer “Deep Selfie”) who is a top executive at a major life insurer, September 26, 2017.

Breathe Deeply Mr. Rockefeller And Enjoy Your Sixth New Heart! If you knew you would live to 100, would you still buy life insurance?

Recently I read that billionaire philanthropist David Rockefeller had successfully undergone his sixth heart transplant in 38 years at the age of 99.  The article said Rockefeller, now 101, had a team of private surgeons perform the last transplant at his Hudson Valley, NY, estate.  After fuming about how unfair it is that the very rich could essentially “buy” decades of additional lifespan by procuring an unlimited supply of human replacement parts, I decided to check out this story further.  To my relief the article was untrue, a total fabrication, and probably designed to malign Mr. Rockefeller—who is purported to be a very generous and kind man.  

But what if it was true, and you knew that at least regarding your own life you could know that:

  • Absent a car or plane crash, or being devoured by sharks, you’ll live to be at least 100; and,
  • As with David Rockefeller, you will retain your full faculties and suffer no serious disability along the way; and,
  • Of course nobody else knows this so the actuarial tables don’t change.

Knowing you’ll live to 100 eliminates the need for life insurance, right?

Yes and no.  When you are young and raising a family, you may still want some life insurance to replace your income just in case that plane you are on falls from the sky or the drunk driver comes out of nowhere to find you.  It will be harder for you to bear writing a check for insurance in these years when death seems so remote.

Life insurance as an investment–no joke!

However, you can use both insurance and your assurance of longevity to create a veritable super-fund for yourself and your family.  Remember, now that you won’t die young, you will have to fund for your extended old age, which will last decades.  This will require savings discipline, being able to set aside as much as you can tolerate saving each month.  Knowing you will have such a long life in store, you will want or need a financial product that:  

  • Grows tax deferred through the power of compounding;
  • Can be accessed in a tax-advantaged manner to supplement your long retirement;
  • May be protected from creditors (check your individual state laws on this); and,
  • Has a death benefit that far exceeds the life value of the investment – for those great-grandkids (whom you’ll already know).

Which type of insurance will support your exceptional longevity best?

In choosing the “engine” that could accomplish the above, we would design a plan using either whole life, which carries high contractual guarantees and where the underlying investment is within the insurance company’s general account, or an indexed universal life plan, where the underlying investment is based on the returns of a stock index, usually the Standard & Poor’s 500.  Either way, the plan we would create would incorporate the lowest possible amount of insurance allowed and still retain the tax benefits of life insurance.  The insurance would grow in value over time and would be set up so that the cash value could be accessed in life for many years, which is appropriate given your newfound anticipation of longevity.  When you do eventually pass from this world, the remaining life insurance benefit could be used to create a legacy for your family or as a charitable gift to your alma mater or house of worship so you’d never be forgotten.

You can crack the code by buying an Immediate Annuity!

If you know you will outlive the average Joe/Jane by twenty years, then why not buy an investment that pays you principal and interest over your lifetime?  It’s called an immediate annuity and with your extreme longevity you will receive far more in benefits than the actuaries assumed, creating a moral dilemma for you, but also exceptional personal wealth as your monthly income will continue until you die.

Do you need insurance if you know you will live to be 100?  Mr. Rockefeller might say, “Only if you are smart enough to uncover the power of life insurance and its hidden potential!”