Annuity Training
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Annuity Training provides an in-depth examination of annuities with an emphasis on the classification and contract provisions and the types of annuity plans available and their benefits. This textbook provides a wealth of information regarding annuities, including history, types and classification and the taxation of annuities. Annuity Training is a good source of information both for those new to annuities as well as a great review for those who are the more experienced in the field.
Michael Lustig
Michael Lustig is a graduate of the University of San Diego, California and a former Professor at California State University at Pomona and Immaculate Heart College (Los Angeles). He has been a California Real Estate Broker and the Owner and President of Real Estate License Services, a California real estate and insurance licence school, since 1978, offering state-approved license courses in 47 states and the District of Columbia. He is the author of 35 books on real estate and insurance topics.
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Annuity Training - Michael Lustig
ANNUITY TRAINING
Prepared by Michael Lustig
Contributing Editor: Denise Iona
Distributed by:
CAL-STATE EXAMS, INC / C.E. CREDITS
5059 Newport Ave. #209
San Diego, CA 92107
Phone Toll-Free 1-800-877-5445
Smashwords Edition
© Copyright 2009 by REAL ESTATE LICENSE SERVICES, INC. Copyright registered. All rights reserved. All contents protected by laws of copyright. No part of this book may be reprinted, reproduced, transmitted, stored in a retrieval system, placed in a computer or on the Internet, or otherwise utilized, in any form or by any means electronic, mechanical or otherwise, including photocopying or recording, now existing or hereinafter invented, including the Internet, nor may any part of this book be used for teaching without the prior written permission from the copyright holder. CAL-STATE EXAMS is a division of REAL ESTATE LICENSE SERVICES, INC., holder of the registered copyright.
Contents
CHAPTER ONE: THE HISTORICAL DEVELOPMENT OF ANNUITY CONTRACTS
THE EVOLUTION OF ANNUITY PRODUCTS AND PRACTICES
ANNUITY PRODUCTS - ANNUITY PRODUCTS AND PRACTICES—LEGISLATION - ANNUITY PRODUCTS AND PRACTICES—IMPACT ON CONSUMERS - MARKET OVERVIEW
WRITTEN ASSIGNMENT 1
CHAPTER TWO: ANNUITY TYPES AND CLASSIFICATIONS
ANNUITIES AS INVESTMENTS
ANNUITY CONTRACT PHASES - THE PROCESS OF ANNUITIZATION
ANNUITY TYPE ACCORDING TO PREMIUMS PAID
IMMEDIATE ANNUITIES - DEFERRED ANNUITIES
ANNUITY TYPE ACCORDING TO PAYOUT
IMMEDIATE ANNUITIES—SINGLE PREMIUM - DEFERRED ANNUITIES—SINGLE PREMIUM - DEFERRED ANNUITIES—FIXED PREMIUMS - DEFERRED ANNUITIES—FLEXIBLE PREMIUMS
ANNUITY TYPE ACCORDING TO INVESTMENT OPTIONS
FIXED ANNUITIES - VARIABLE ANNUITIES - EQUITY INDEXED ANNUITIES
WRITTEN ASSIGNMENT 2
CHAPTER THREE: THE PARTIES TO AN ANNUITY
PARTIES TO THE CONTRACT
THE RIGHTS AND OBLIGATIONS OF THE CONTRACT OWNER
ENTITIES ELIGIBLE FOR OWNERSHIP - RIGHTS AND OBLIGATIONS OF THE CONTRACT OWNER - OWNER DRIVEN VS. ANNUITANT DRIVEN CONTRACTS
THE RIGHTS AND OBLIGATIONS OF THE ANNUITANT
THE RIGHTS AND OBLIGATIONS OF THE INSURANCE COMPANY
SPECIAL CONSIDERATIONS FOR SENIOR INVESTORS - OBLIGATIONS ASSOCIATED WITH QUALIFIED AND NONQUALIFIED ANNUITIES - INSURER RATING SERVICES - INSURER ADVERTISING RESPONSIBILITIES
THE RIGHTS AND OBLIGATIONS OF INSURANCE PRODUCERS
LIQUIDATION DISCLOSURE - DISPLAYING LICENSE NUMBERS - REPLACEMENT - FREE LOOK
THE RIGHTS AND OPTIONS AVAILABLE TO BENEFICIARIES
A SURVIVING SPOUSE AS BENEFICIARY - BENEFICIARY OTHER THAN A SURVIVING SPOUSE
WRITTEN ASSIGNMENT 3
CHAPTER FOUR: ANNUITY CONTRACT PROVISIONS
CONTRACT PROVISIONS AFFECTING CONSUMERS
INTEREST RATES AND COMPENSATION - ISSUE AGES - MAXIMUM AGES FOR BENEFITS TO BEGIN - CRISIS WAIVERS - SETTLEMENT OPTIONS - SURRENDER CHARGES - POLICY ADMINISTRATION CHARGES AND FEES - WITHDRAWAL PRIVILEGE OPTIONS - ANNUITIZATION OPTIONS
CONTRACT PROVISIONS TYPICALLY COMMON TO FIXED ANNUITIES
DEATH BENEFIT - CHARGES AND FEES - INTEREST RATE STRATEGIES - CREDITING METHODS - MINIMUM GUARANTEED INTEREST RATES
CONTRACT PROVISIONS COMMON TO VARIABLE ANNUITIES
VARIABLE OPTIONS - FIXED OPTIONS - CHARGES AND FEES - DOLLAR COST AVERAGING - DEATH BENEFIT GUARANTEES - LIVING BENEFIT GUARANTEES
CONTRACT PROVISIONS COMMON TO EQUITY INDEXED ANNUITIES
PRIMARY INTEREST CREDITING STRATEGIES - SPREADS - INTEREST RATE CAP - PARTICIPATION RATES - MINIMUM GUARANTEED INTEREST RATE - IMPACT OF PREMATURE SURRENDER CHARGES - CHARGES AND FEES
AVAILABLE RIDERS
LIFE INSURANCE RIDER - LONG-TERM CARE BENEFIT RIDER
LOAN PROVISIONS
WRITTEN ASSIGNMENT 4
CHAPTER FIVE: TAXATION OF ANNUITIES
INTRODUCTION
IRS PENALTY TAX
QUALIFIED ANNUITIES - NONQUALIFIED ANNUITIES
PAYMENT OF PREMIUMS
PARTIAL WITHDRAWALS
LOANS AND ASSIGNMENTS
IRS SECTION 1035 EXCHANGES
THE GIFT OF AN ANNUITY
THE SALE OF AN ANNUITY
THE DEATH OF AN ANNUITY OWNER
DEATH BEFORE ANNUITIZATION BEGINS - DEATH AFTER ANNUITIZATION BEGINS
DEATH OF THE ANNUITANT
ANNUITY BENEFITS DISTRIBUTIONS
QUALIFIED ANNUITIES - NONQUALIFIED ANNUITIES
ESTATE TAX EFFECTS ON THE BENEFICIARY
CONTRACT IN THE ACCUMULATION PHASE AT OWNER’S DEATH - CONTRACT IN THE ANNUITIZATION PHASE AT OWNER’S DEATH - A CHARITABLE ORGANIZATION AS BENEFICIARY - THE MARITAL DEDUCTION - INCIDENTS OF OWNERSHIP
WRITTEN ASSIGNMENT 5
CHAPTER SIX: QUALIFIED PLANS AND ANNUITIES
ERISA
ERISA REQUIREMENTS - ENSURING COMPLIANCE - FIDUCIARY PROVISIONS OF ERISA
THE ANNUITY MARKET AND BUYER DEMOGRAPHICS
ANNUITIES AND RETIREMENT PLANNING
WRITTEN ASSIGNMENT 6
CHAPTER SEVEN: THE PRIMARY USES OF ANNUITIES
TAX DEFERRED COMPOUNDING
TAXABLE VS. TAX DEFERRED VS. TAX FREE RETURNS - COMPARISON OF RETURNS - THE LONG-TERM EFFECTS OF TAX DEFERRED COMPOUNDING
INCOME DISTRIBUTIONS
THE SPLIT ANNUITY - VARIOUS SETTLEMENT OPTIONS AND ADVANTAGES AND DISADVANTAGES - SUMMARY OF ANNUITIZATION OPTIONS - TAX RAMIFICATIONS OF ANNUITIZATION OPTIONS
ANNUITY ADVANTAGES AND DISADVANTAGES
ADVANTAGES AND DISADVANTAGES FOR THOSE UNDER 60 YEARS OLD - ADVANTAGES AND DISADVANTAGES FOR THOSE 60 YEARS AND OLDER - INVESTMENT ALTERNATIVES TO ANNUITIES
WRITTEN ASSIGNMENT 7
CHAPTER EIGHT: THE SENIOR MARKET
THE SENIOR MARKET
RISK AND THE SENIOR CLIENT - WHY SENIORS ARE AT RISK
PRE-RETIREMENT vs. POST-RETIREMENT PLANNING
PRE-RETIREMENT PLANNING - POST-RETIREMENT PLANNING
FINANCIAL CONCERNS
SOCIAL SECURITY - RETIREMENT PLAN DISTRIBUTIONS - INVESTING RETIREMENT ASSETS
INSURANCE CONCERNS
HEALTH INSURANCE - LIFE INSURANCE - LONG-TERM CARE INSURANCE - AUTO INSURANCE - ESTATE PLANNING
SELLING TO THE SENIOR MARKET
PRODUCT COMPLEXITY - THE ISSUE OF BUYER COMPETENCE - LEGAL CAPACITY TO CONTRACT - UNIQUE ETHICS AND COMPLIANCE ISSUES
WRITTEN ASSIGNMENT 8
CHAPTER NINE: RESERVING ISSUES WITH ANNUITY CONTRACTS
COMPARISON WITH LIFE INSURANCE
LIMITS THAT COMPANIES MAY PLACE ON ANNUITY SALES
THE IMPACT ON CONSUMERS
THE IMPACT OF LOW INTEREST RATES
IMPACT ON CONSUMERS - IMPACT ON ISSUERS
CHAPTER TEN: CONSUMER ATTITUDES TOWARDS RETIREMENT
ANXIETY BROUGHT ON BY INCREASED LIFE EXPECTANCIES
ANNUITIES COMPARED TO OTHER FINANCIAL PLANNING VEHICLES
CERTIFICATES OF DEPOSIT (CDS) - MONEY MARKET ACCOUNTS - SAVINGS ACCOUNTS - MUTUAL FUNDS - STOCKS - BONDS - COMMODITIES - OPTIONS - LIMITED PARTNERSHIPS - PROMISSORY NOTES - REAL ESTATE INVESTMENT TRUSTS (REITS) - VIATICAL SETTLEMENTS - LIFE SETTLEMENTS - UNITED STATES GOVERNMENT SECURITIES
WRITTEN ASSIGNMENT 9 & 10
ANSWERS FOR CHAPTER QUIZZES
CHAPTER ONE: THE HISTORICAL DEVELOPMENT OF ANNUITY CONTRACTS
THE EVOLUTION OF ANNUITY PRODUCTS AND PRACTICES
Annuities are financial contracts. These products, although very sophisticated instruments today, are said to have originated centuries ago in early Rome.
ANNUITY PRODUCTS
Early Roman Financial Contracts
The issue of uncertainty about longevity of life is an not a new one. It is something that even the early Romans pondered. Longevity has a monetary component in that families and loved ones must continue to be provided for. Others want the assurance of a continuing stream of income for themselves into their final years. Therefore, it is not surprising that financial contracts similar to annuities and known as annuae
(pl.) were undertaken centuries ago. Under these arrangements, an up front lump sum payment was made to the annua in exchange for payments made annually, usually for life but sometimes for a fixed term. The term annuity
is derived from the Latin annuus, which means annual.
Tontines
During the seventeenth century, investment vehicles called tontines
were used similarly to the early annuae. In France in 1653, a Neapolitan banker named Lorenzo de Tonti developed a method for raising money called the tontine. A tontine combined the features of a group annuity, group life insurance, and a lottery. If not having invented the scheme, Tonti certainly made them popular.
Tontines were essentially vehicles to raise funds for war. Combat with neighboring countries to acquire land were constantly being undertaken, and tontines provided the revenue to pay for these costly battles. The governments created tontines which promised future payments when their citizens purchased shares at present.
The concept was simple. Each investor paid a sum into the government tontine. The funds were invested,
or used to wage war, and each investor received dividends from the spoils. As investors died, shares were divided between the surviving investors. The pool of funds for the remaining shareholders grew. The payout was increased each year to survivors since they received amounts that would otherwise have gone to those who died. This progression and division of wealth continued until only one investor remained.
Initially, the last surviving investor received only dividends and the principal went to the state at his death. In later designs, the principal would pass to the last survivor. Other schemes allowed nominating someone, often a child, to receive the dividends or shares. Shareholders could assign their shares to others by deed or will.
Tontines began to create trouble for their issuing governments partly due to increased longevity of participants. The first tontine holders were men and women of all ages. As the tontines’ popularity increased, investors figured out how to make the most of the system. Adults began to purchase shares for young children, and returns proved to be too costly for the government.
Another factor contributing to the downfall of the tontine was the system’s incentive to kill off others in the tontine, thereby increasing one’s own share. Clearly there was no insurable interest. Tontines are generally outlawed today.
The First Annuities
The first American life insurance company was founded in 1759 in Philadelphia providing pensions for retired Presbyterian ministers and their dependants. The Corporation for Relief of Poor and Distressed Presbyterian Ministers and Distressed Widows and Children of Presbyterian Ministers was begun by the Presbyterian Church, providing survivorship annuities for ministers’ families. The ministers contributed to the fund in exchange for lifetime payouts. In 1812, the Pennsylvania Company for Insurance on Lives and Granting Annuities became the first company in the United States to offer annuities to the general public.
Modern Annuities
During and after the Great Depression, there were understandable concerns about the overall health of the nation’s financial markets, and insurance companies were seen as sound institutions able to meet the future payouts that annuities promised. As a result, many individuals began purchasing annuity contracts from insurers. Also during this time, group annuities became widely held investment vehicles for corporate pension plans. Contributing to the popularity of annuities was, having taken lessons from the Depression, planning for one’s own retirement.
Compared to today’s range of complex and multi-featured investment products, the first modern annuity contracts were actually quite simple. They offered a fixed rate of return and the guarantee of principal. At the time of withdrawal, a fixed income for life or payments over an established number of years were virtually the only choices. Features such as free look periods variable investments were unheard of.
Of course, over the years, guaranteed death benefits, long-term care riders, living income benefits, waivers, and other options and features made the product flexible and more popular. As annuities evolved, many