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Sean Wickersham

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Sean Wickersham is the president of The Leaders Group (TLG). He has been with TLG since 2008 and has more than 16 years of experience in the financial services industry. Wickersham’s primary responsibilities include corporate management oversight and planning, and development and execution of marketing initiatives. Since 2013, Wickersham has been heading the marketing department, helping steer the direction of the team and has had an active role in the development of the various communications, the formulation and rollout of Starlight Portfolios and the creation of the LEADERSlink system. He has also helped with the rebranding and market awareness efforts. Founded in 1994 by the late Dave Wickersham, The Leaders Group, Inc., is a national, independent broker-dealer. The Leaders Group’s mission is to provide extraordinary service, expertise, and flexibility to financial professionals, wholesale organizations and industry partners. For more information, visit www.leadersgroup.net. Wickersham can be reached at The Leaders Group, 26 West Dry Creek Circle, Suite 800, Littleton, CO 80120.

Buy Term, Or Invest…Different?

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As I began to brainstorm for this article, something I am always honored to be asked to write, I came across a blog from a well-known financial guru on variable life insurance (VUL). The piece was mostly dedicated to tearing apart any kind of permanent insurance product and insisting that the only life insurance worth buying is term insurance. It’s actually pretty impressive how strongly the mantra of “buy term and invest the difference” is ingrained in our collective psyche. While term obviously has an important place, I think most Broker World readers would agree with me that it is far from the only valuable option.

The bulk of the article was around the principle that cost is the most important concern when it comes to purchasing life insurance. If you are looking for term insurance and a specific death benefit, spreadsheeting a bunch of carriers and choosing the lowest price option is a well proven strategy, but is cost really all that matters? Do people make a point to always buy the cheapest house, cheapest car, cheapest phone, etc? Does everyone only eat at McDonald’s and shop only at Walmart? While some people certainly do, by and large, most people simply don’t. People are more complicated than that. As with any important decision, there are a multitude of potential factors that go into the decision-making process.

One common myth, especially as it applies to variable life, is that insurance products are not designed to build wealth and, as a result, are more costly and complicated than other tools making them not worth the investment. I’ll admit, parts of this statement are true. There is an additional cost for participating in a VUL policy that is greater than what you pay for some other investment options. Truthfully, you may even make a higher return in another investment as opposed to the limited menu of subaccount options in a VUL policy. 3 One key component is missing in this argument though: The power of tax deferred growth.

Any financial professional worth their compensation will be familiar with the value of minimizing taxation. Getting 20 percent in capital gains taxes taken out of your account when you sell a position will always be less preferred than not taking the 20 percent hit. I’m not going to break down the math, my colleague Charles Arnold has written several great articles for this publication doing just that, but it’s not hard to see where continued taxation can have a significant drag on the overall performance of a client’s portfolio. What about 401(k)s? These are powerful tools built on the same concept but with the catch that there are annual contribution limits. Once a client maxes out their 401(k), what next? There’s only so much money that a client can put into a ROTH IRA, and many people don’t even qualify. I’d argue most people that max out their 401(k) probably don’t. Once both of these are exhausted, financial professionals can utilize concepts like tax-loss harvesting, but in many cases this only helps so much. While there are other differences between all these products and investment strategies, variable life does benefit from tax-free growth and will allow the client to put more money into the product than many other tools.

From an estate planning standpoint VUL (as with all life insurance products) has a tax-free death benefit, unlike many other planning tools. It’s obviously a bit morbid to talk about death benefits and what your heirs/spouse/charity/etc. could receive, but if you are reading this article, you probably are already having these types of discussions. In the “buy term and invest the difference” mindset, all you need is term to take advantage of this benefit. This is technically correct. If all the client wants is a guaranteed death benefit to pay to the beneficiary of their choice, and they have a low risk tolerance, term might be all they need. But here again, I’d like to bring up that cost (one of the biggest benefits of term) is not the only thing that matters. If a client is presented with the option to give $500k to their beneficiary when they die or the option to potentially give more, with a risk that they could get less, the client may be comfortable with the risk. If you add in the possibility that they could get more than the $500k without much downside risk (IUL or protection focused VUL), more clients may be interested.

This brings us to another talking point I hear a lot: That permanent life products, and especially IUL and VUL, are too expensive. You have policy fees and expenses, transaction fees, manager fees, and potentially other costs that absolutely mean that permanent insurance products are more expensive than term products and many other investment vehicles. So what? You also are getting something different in the form of guarantees and preferred tax treatment and, as we all know, nothing is free. In some situations this is a very clear factor to determine that these types of products may not be a fit for a specific client. No tool or technique can (or should) be classified as one-size-fits-all.

An additional common complaint brought is that permanent insurance contracts are exactly what the name hints at, permanent, and therefore hard to get out of. The unnamed financial guru I mentioned earlier pointed to the concept of free-look periods but gave policy lapse as one of the only other options if someone wants to get out of an insurance contract. First, I would like to point to the different benefits in a life insurance contract vs some other financial instruments. If your client likes these benefits, lack of liquidity is a real concern but may be something they are comfortable with. Second, I can name nearly a dozen different life settlement brokers that our reps have worked with over the years to help a client out of a policy that they no longer want or need. There are obviously certain criteria that the settlement firm uses to determine their offer price (or lack thereof), but I would argue it is against a financial professional’s duty of care to not at least explore this commonly overlooked option.

A last point of note is a lesser advertised benefit of many permanent insurance products, the concept of a policy loan. Again, permanent products are designed to be permanent, the government and insurance companies don’t want you to take the money out. There is a loophole here. While taking the cash out of a policy is not allowed, many cash value policies will allow the client to take a loan out of the policy. This could provide additional financing options for a client looking to put a down payment on a house or send a kid to college. It could even help a small business owner make payroll. At the end of the day it is still a loan, and it needs to be paid back with interest, but who is the client paying that interest to? Themselves. Obviously, the funds cannot grow in the policy while a loan is outstanding and any balance left when the policyholder dies will be taken out of the death benefit, but this does give them an interesting financial tool that they may not otherwise have access to.

There are some clear truths to the “buy term and invest the difference” mindset; there’s a reason we all know it. Permanent products, especially VUL and IUL, are usually more expensive than term. Paying the least amount for something is important to some clients, regardless of other potential benefits. Permanent life insurance products are permanent and more difficult to get out of than simply selling some shares. On the flip side, there is a reason we have more than just McDonald’s and Walmart everywhere. Price is absolutely a factor in any financial decision, but the price for just death benefit and investing in a taxable account is not necessarily going to be cheaper than investing in a permanent product. If you have the possibility to pass on more money to your beneficiaries than the original death benefit you signed up for, your assets can grow tax free, and you have access to a line of credit, the all-in price may not actually be that different. There are plenty of insurance salespeople that are much smarter than me that could point out other benefits I’m not covering here. For some clients, “buy term and invest the difference” is absolutely going to be the right strategy, but if it is the only thing you recommend to every single client you are not only setting yourself up for a visit from a regulator (depending on how you are licensed) but you are missing out on a whole realm of possibilities for your clients. I remember back in the ancient days of the 1990s getting some t-shirts that were labeled one-size-fits-all and, much like those shirts that never fit right, no single investment product or strategy is the right fit for every situation.

The Evolution Of Variable And Indexed Life

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There is no such thing as a one-size-fits-all product. Every client has individual needs that can typically be addressed by myriad options. Of all the options out there, one of the more versatile, especially in the insurance space, has to be variable universal life (VUL).

VUL has had an interesting ride since it first rose to prominence in the 90s. Initially, many people sold the policies as a “cheaper” insurance policy, designed to be minimally funded, all while being illustrated at 12-15 percent. The market crash at the end of the decade made many of these policies collapse, leading to a sharp decline in sales. A lot of people learned some hard lessons at that time, and various regulatory and market concerns have once again brought VUL back to the mainstream if you will, with a continued uptick in premium sold. Before we can get into what is driving these changes, it is important to look back a little bit in history.

While the late 90s market crash drove some flight from VUL, the advent and subsequent push for indexed products pulled more people out of the variable space. The common logic was that indexed universal life (IUL) was the superior option as it provides some level of downside protection and doesn’t require an insurance sales professional to also attain a securities license. Most insurance professionals have been trained with a protection first mindset, so the logical conclusion was that the protection from an IUL made more sense. In some situations this is absolutely true, but what people are not always taking into consideration is the opportunity cost that results from caps on the growth participation on indexed products. For a client that is concerned about asset protection indexed products may very well be the best answer but, like VUL, they are not a one-size-fits-all product. This has historically not put a whole lot of a damper on IUL sales, and we saw explosive growth in the products for the better part of the last decade.

Much like the outlandish illustrations on VUL in the early 90s, the proliferation of IUL eventually led to some less than ideal sales ideas and illustrations. It became increasingly clear that the historical illustration guidelines for VUL were far too high for IUL when the caps were taken into consideration. The illustration inaccuracies are only worsened by the cost drag of the various multipliers, bonuses and other IUL product features. An IUL illustrated at a six percent rate is probably closer to a 10-12 percent rate for a variable product with all of this taken into consideration. While these exaggerated sales claims were far from the most common sales tactic, it lead to some changes in the regulatory guidelines around illustrations, specifically AG 49 and AG 49-A. These changes brought some much needed sobriety to the IUL marketplace and we are now seeing VUL considered in more accumulation scenarios after years of being left on the sidelines.

Much like the cash value in a variable subaccount, the interest in product sales tends to be driven by market and regulatory concerns. Over the past 20 years the market has seen fairly significant growth, even with a few notable setbacks, and it is hard to discount the impact this has had on all accumulation based product sales but is especially important in VUL. That said, there have been other factors leading to VUL sales.

A major concern at the insurance carrier level has been the historically low interest rate environment we have been living in since the last financial crisis. The lower the interest rates, the harder it is for insurance companies to make money as most of their reserves are in fairly conservative investments. While interest rates have been ticking up in an effort to tackle inflation they are still relatively low, so it will be interesting to observe what impact this will have in the variable market. Clearly interest rates impact the profitability of insurance carrier reserves, but the most profitable thing they can do is minimize their reserves and invest the money elsewhere. With a VUL contract the investment risk falls on the investor and not on the insurance carrier, meaning that the reserving requirements on VUL have been lower than for other products. As interest rates have stayed so low for so long, carriers have been looking for a way to help drive sales to variable products and it has led to one particularly useful invention that not only helps the carriers with their reserving requirements but also helps the end consumer!

Over the last few years, and out of necessity for financial solvency, we have seen more and more insurance carriers incorporate one or more indexed options into their subaccount lineup in VUL products. This takes the best piece of IUL products (downside protection), strips away the creativity in the illustration process, and adds yet another tool to the VUL lineup. You now have a product that allows the clients to have upside potential with some downside protection without the need to put an upside cap on the entirety of the cash value. Clients are able to allocate part of their product to pure variable accounts for asset accumulation, indexed for downside protection with upside potential, and a fixed account for maximum protection—further demonstrating the versatility of a VUL product.

Like with most good things, there is a bit of a “gotcha” with these indexed or even fixed subaccounts. While they absolutely allow for flexibility and greater diversification, it is important that agents become familiar with (and communicate!) the holding requirements. The requirements vary by carrier, but the client will not likely be able to put money in an indexed subaccount and then take it out a few days later without suffering some sort of penalty. As long as these limitations are clearly communicated to the client, this issue isn’t more than a minor sacrifice for the diversification benefits that the client achieves.

The traditional sales concepts around VUL and IUL hold true in today’s market. Every person who reads this magazine probably knows the strategies better than I do, so I won’t bore you with them! The difference today is you now have a greater flexibility of options to help meet the client’s objectives. There is absolutely a place in the market for all the various insurance products out there. The changes we have seen in the last decade or so have hopefully helped to ensure that clients are presented with the broadest variety of options to help them with their financial needs instead of concentrating sales so heavily into any one product line. The seemingly self-serving goal of preserving or increasing insurance carrier profitability has helped lead us to an overall better VUL offering than we had historically which, in turn, has led to more sales interest and an overall better option for the client.

A Powerful Accumulation Tool For The Ultra Wealthy

In the last few months I have been getting a lot of questions around Private Placement Life Insurance and Annuity (PPLI/PPVA) products. Specifically, people are looking closer at these products in light of the proposed and expected changes in the tax code. While I am far from a tax expert, I think it is safe to say that we should eventually expect an increase, especially for the wealthy and ultra high net worth individuals. How do these products potentially help, and what do they do? Here at The Leaders Group, we have an in-depth knowledge of insurance products, and PPLI is no exception. Some of the top salespeople in the country for these products call Leaders Group home. With this experience, I hope to help demystify these products a bit.

There are a lot of moving parts in a PPLI policy, and it is very easy to get into the weeds and get incredibly lost if you dive too deep too quickly. That said, on the surface, they work fundamentally similar to standard “shelf” life insurance and annuity contracts. Just like their standard issue cousins, PPLI and PPVA contracts are an efficient way to provide preferential tax treatment for a client. The insurance products still provide a tax-free death benefit and the annuity products are still tax deferred, with funds taxed at the client’s rate at the time of distribution. So far, so good. What separates PPLI products from the pack are the type of clients that make sense and the flexible nature of the underlying investments.

PPLI products are not for everyone. If you don’t have a client that has at least $5 million in the bank that they don’t need access to, you probably want to look elsewhere. For the life products (as opposed to annuities), there should also be a life insurance need because, even with the preferential tax treatment, there may be ways that are more cost effective for a client to invest their money. In some situations it may even make more sense when comparing the various fees for a client to stick with a standard life insurance product. From a sales perspective PPLI/PPVA products are traditionally utilized for high net worth individuals that are looking for a tax efficient way to grow their investment portfolio. The discussion is normally led from an investment standpoint, meaning it is much more crucial to know the specific manager/managers that the client uses or would like to use. Once you know this you can work in conjunction with the client and product sponsors on what the best investment structure is to fit the client’s needs.

There are two standard ways to structure investments inside of a PPLI/PPVA product. The first is more akin to standard VUL or even mutual funds where the manager has an investment strategy that they adhere to for all the clients. In the PPLI/PPVA world, this setup is called an IDF, or insurance dedicated fund. If a client does not have a specific manager in mind, or if the manager they want to work with is already set up as an IDF, this is an easy option as most, if not all, of the due diligence at the carrier level has already been completed. The alternative setup is called an SMA or separately managed account (some carriers have different wording, as I know at least one uses the MSA acronym). In this instance, the client can work with a manager of their choosing, even if the manager is not currently working in the PPLI/PPVA space. This also gives the manager greater flexibility, allowing them to manage each client account a little differently and closer to each client’s specific needs. With either an IDF or SMA the manager will need to determine whether they want to be set up directly with a specific carrier or if they would like to outsource the compliance and accounting to a third party platform like SALI or Spearhead. The most important thing to take note of in regards to the asset management is that the managers need to adhere to strict guidelines around investor control, and while they can work toward goals that the client has, the client cannot ultimately guide the specific investment decisions.

One of the greatest values of PPLI/PPVA products is the flexibility allowed for the customer, manager and advisor. The areas mentioned previously are some of the many possible levers that can be pulled for customization, with client cost being another major consideration. The carrier, manager and financial professional all have flexibility on their compensation. Not to mention the location where the client assets are domiciled (usually in a trust) also has an impact on the total cost. There tends to be a lot of policies in places like Alaska, South Dakota, Nevada or other states where premium taxes are low. All of these are things that should be taken into consideration and, luckily, the various carriers can help you navigate all of the potential pitfalls.

In a nutshell, PPLI/PPVA products are for high net worth individuals with plenty of disposable cash that they want to see grow in a tax advantaged fashion. If you are familiar with standard insurance and annuity sales concepts, many of the implications of PPLI/PPVA are similar. The flexibility and customization that comes with these products are a big piece of what sets them apart and where it is easy to get overwhelmed if you don’t have the experience. Luckily our team here at Leaders, including some gracious advisors in the space, and our carrier partners are all here to help if an opportunity comes up. The products are definitely not for everyone, but can be a good tool to have in your arsenal if you are working in the ultra high net worth space.