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Schlichter sues a hospital chain for “excessive” plan fees

Another federal class action suit over alleged excessive retirement plan fees has been filed by St. Louis attorney Jerry Schlichter this week. This time the defendant is Novant Health Inc., sponsor of a 25,000-member, $1.2 billion retirement plan in Winston-Salem, North Carolina.

Novant Health is a non-profit health care services firm that operates 13 hospitals and 350 physicians’ practices in Georgia, North Carolina, South Carolina and Virginia. (For expert analysis and a link to the complaint, click here.)

The suit, Karolyn Kruger, M.D. et al., v. Novant Health Inc., et al., was filed in the U.S. District Court, Middle District of North Carolina. It claims that Novant violated its fiduciary duty under ERISA by paying $8.6 million to Great-West Life & Annuity for recordkeeping and investment services, including revenue-sharing, and $9.6 million in commissions to a Winston-Salem brokerage firm, D.L. Davis & Co., between 2009 and 2012. D.L. Davis is a registered rep of MML Investors Services, a unit of MassMutual.

The complaint also tied D.L. Davis’ relationship with Novant’s retirement plan to real estate and other transactions between the two companies. According to the complaint,the brokerage firm’s CEO and president, Derrick Davis:

“has entered into a variety of land development projects and office building leasing arrangements in the greater-Winston-Salem area with Novant” and that “early in Mr. Davis’ business relationship with Novant he made a charitable gift to Novant in excess of $5 million.”

“At nearly the same time as Mr. Davis gave Novant that $5 million, a Davis-owned development company in which he is an officer, manager and/or owner, East Coast Capital, announced plans to develop the Southeast Gateway project. The project included Novant Health as occupying 40,000 square feet of this office development for a call center.”

Novant offers its employees and retirees an ERISA-ruled retirement program known as the Retirement Plus Plan. The program includes two Plans, the Tax Deferred Savings Plan of Novant Health Inc., and the Savings Supplement Retirement Plan of Novant Health Inc.

Since 2006, the firm of Schlichter, Bogard & Denton has filed twelve similar excessive fee complaints and secured six settlements worth over $125 million. It has pending cases against Ameriprise, Lockheed Martin, Northrup Grumman and Mass Mutual. In 2009, the firm won the only 401(k) excessive fee litigation matter to be taken to trial. The defendants in that case were ABB and Fidelity.

© 2014 RIJ Publishing LLC. All rights reserved.

The Bucket

Good advice can be worth 3%: Vanguard 

A new report from Vanguard, evidently intended as a value-add for fee-based financial advisers who recommend Vanguard funds, asserts that a Vanguard “wealth management framework” can help advisers enhance their clients’ returns by up to “about 3%,” relative to advisers who don’t use it.

The framework, called Vanguard Advisor’s Alpha, “ focuses on portfolio construction, behavioral coaching, asset location, and other relationship-oriented services,” according to Vanguard. It is described in the report, Putting a Value on Your Value: Quantifying Vanguard Advisor Alpha.    

According to Vanguard, advisers can enhance returns by:   

  • Being an effective behavioral coach and helping clients maintain a long-term perspective (up to 1.5%).
  • Applying an asset location strategy that involves the efficient use of taxable and tax-advantaged accounts (up to 0.75%).    
  • Minimizing investment costs (up to 0.45%).  
  • Rebalancing back to a target allocation (up to 0.35%).     
  • Implementing a tax-smart drawdown strategy (up to 0.70%).  

The potential 3% “advisor’s alpha” should not be viewed as an annual add, but as an intermittent add, with benefits accruing mainly “during periods of market duress or euphoria that tempt clients to abandon their well-thought-out investment plans,” Vanguard said.

Prudential white paper highlights new LGBT rights

“Financial Planning Considerations for Same-Sex Couples After Windsor,” a new white paper from Prudential Financial, explores how this past year’s U.S. Supreme Court decision to overturn Section 3 of the Defense of Marriage Act (DOMA) has helped establish the financial rights of legally married same-sex couples.

The 2013 Windsor decision, named for appellant Edith Windsor (U.S. v Windsor), recognized the legality of same-sex marriages for federal tax purposes if they are lawful under a state or a foreign jurisdiction. The white paper, written by James Mahaney, vice president, strategic initiatives at Prudential, describes workplace benefits and financial planning strategies that same-sex couples may want to consider post-Windsor.

According to the white paper, depending on the employer, same-sex married couples might now gain access to spousal healthcare benefits, including health coverage, flexible spending accounts, health reimbursement accounts, and/or health savings accounts.

The white paper also encourages same-sex married couples to meet with a tax professional to review whether filing amended federal tax returns for prior years is beneficial, as they may be able to claim a refund for federal taxes paid on imputed income related to healthcare benefits previously purchased for a same-sex spouse.

A spouse in a same-sex marriage now has improved survivor benefits for defined benefit and defined contribution retirement plans. In addition, they may gain access to group life insurance coverage through a spouse’s employer.

The paper points out that the federal recognition of same-sex marriages isn’t all positive from a financial perspective, as some married couples will pay higher federal taxes, while others may see their ability to qualify for a child’s college financial aid reduced.

Nancy Prior succeeds Charlie Morrison as Fidelity fixed income chief

Nancy D. Prior has been appointed president of Fidelity Investments’ fixed income division and vice chairman of Pyramis Global Advisors, the Boston-based financial services firm announced. She will report to her predecessor, Charlie Morrison, who last month became president of Fidelity’s $1.9 trillion Asset Management organization.

Headquartered in Merrimack, New Hampshire, Fidelity’s fixed income division manages more than $750 billion in assets on behalf of retail, intermediary and institutional clients globally. Prior, who joined Fidelity in 2002 as senior legal counsel for fixed income, most recently served as president of Money Markets and Short Duration Bonds.  

Prior had been president of Money Markets since 2011. She expanded her responsibilities in 2013 to oversee the Limited Term Bond team. Before heading Money Markets, Prior was managing director of Credit Research from 2009 to 2011. Before joining Fidelity, she was general counsel at Advantage Schools Inc. and an attorney at Mintz Levin in Boston.

I’ll never retire’ vow weakens with age: Franklin Templeton survey

The concept of retirement is “laden with contradictions in both attitude and preparedness,” according to Franklin Templeton Investments’ 2014 Retirement Income Strategies and Expectations (RISE) Survey of 2,011 Americans ages 18 and over.

Among those not yet retired, the survey found that 92% of individuals anticipate their retirement expenses to be similar to or less than pre-retirement spending. Interestingly, more than a third of pre-retirees (39%) have not yet started saving for retirement.

Most (72%) of pre-retirees said they are looking forward to retirement, but only 25% expect their retirement to be better than previous generations while 33% expect it to be similar and 41% expect it to be worse.

Almost half of those surveyed said they are concerned (48%) about outliving their assets or having to make major sacrifices to their retirement plan, up from 44% at the beginning of last year.

By a ratio of three to two, women are more likely to respond that they are not very confident with and don’t really understand their retirement income plan. Men more frequently said they think their retirement will be better than previous generations.

Men are slightly more likely to consider the needs of their spouse, while women are more likely to consider their own needs and those of their children and grandchildren.

The younger the respondent, the earlier they expect to retire. When asked what they would do if they were unable to retire as planned due to insufficient income, “retire later” was the top response.

About a fourth (24%) of retirees retire due to circumstances beyond their control, the survey showed. As people pass age 35 and near retirement, they grow less willing to retire later and more willing to downsize their expenses and lifestyle.  

The 2014 Franklin Templeton Retirement Income Strategies and Expectations (RISE) survey was conducted online among a sample of 2,011 adults comprising 1,008 men and 1,003 women 18 years of age and older. ORC International’s Online CARAVAN administered the survey from January 2 to January 16, 2014.

ABA and AARP publish practical guide for family survivors

The American Bar Association and AARP have co-published a guidebook for the survivors of deceased family members. Written by AARP lawyer and former ABA staff lawyer Sally Hurme, the “ABA/AARP Checklist for Family Survivors” shows readers how to:

  • Create a simple system to organize investments, assets and estate planning information.
  • Keep letters and forms updated.
  • Gather key information in either paper or electronic form.
  • Get organized in financial and legal matters.
  • Assemble a team and working with key advisers to handle everything in confidence.
  • Take responsibility in a difficult situation.

The book consists of checklists and forms that the reader can fill in and includes a CD-ROM containing the documents in electronic format. The book is a companion volume to Hurme’s 2011 book, “ABA Checkllist for Family Heirs.” 

Nationwide and LPL in platform integration

Nationwide Financial has integrated LPL Financial’s Worksite Financial Solutions platform into its 401(k) products, the Columbus, Ohio financial services firm announced. According to a release, the integration will “help LPL advisors provide their retirement plan participants with financial advice.” LPL is the nation’s largest independent broker-dealer, an RIA custodian, and a wholly owned subsidiary of LPL Financial Holdings Inc.  

Nationwide’s plan sponsor clients who work with a LPL advisor will be able to use the platform’s Employee Transition and Engagement Solutions. This supports the enrollment of employees into retirement plans, promotes financial education and wellness, and helps employees during entry and exit from employment.   

© 2014 RIJ Publishing LLC. All rights reserved.

In Hartford, a Public IRA Proposal

In the cafeteria of the Legislative Office Building in Hartford, Conn., Tuesday, Brian Graff, CEO of the American Society of Pension Professionals and Actuaries, and Chad Parks, CEO of theonline401k, were waiting for a meeting of the joint Committee on Labor & Public Employees to begin. 

Both men were set to testify that afternoon in favor of “Senate Bill 249,” which, as currently drafted, would require Connecticut employers with five or more workers to—if they did not already do so—enable their employees to defer part of their pay into an individual retirement account.

The bill, modeled on a law proposed in California, would do what the Obama administration’s “MyRA” plan also hopes to do—expand access to a tax-deferred workplace savings plan to the many full-time workers who don’t currently have it.

Graff, who is based in Arlington, Va., seemed upbeat, as a seatbelt manufacturer might on a day when Congress was about to require every carmaker to install them. By requiring access to a retirement plan, S.B. 249 could potentially create a flood of new business in Connecticut for the third-party plan administrators and others who belong to Graff’s trade group.

But wasn’t Graff concerned that the bill would default employee contributions to be defaulted into a new trust fund, overseen by the Connecticut state treasurer and collectively managed and insured by still-to-be-chosen vendors? Wouldn’t the availability of that fund crowd out the private-sector plan providers whom Graff represented?

No, Graff said. The private providers would offer much better plans than the state plan. “I guarantee that they will kick its ass,” he said, in his characteristic “and you can print that!” manner. He brushed aside doubts that private providers would suddenly rush to serve a retirement market segment they’d never cultivated before.

 *      *      * 

At 2 p.m., the hearing began in a shallow, brightly lit amphitheater nearly filled with legislators, lobbyists, aides, witnesses, cameramen and observers. But, instead of briskly taking up S.B. 249, the committee, or rather, the few committee members in attendance, waded leisurely into their work. I had not known about the Labor & Public Employees Committee’s quaint tradition of entertaining comments on several bills at the same meeting, of hearing witnesses in the order in which they happen to have signed up, rather than grouping them by bill, and of taking testimony from fellow legislators before taking it from the public.

This tradition meant that the meeting would likely drag on (and it did, evidently) until about 10 o’clock Tuesday night. Parks and Graff were the 21st and 22nd public witnesses to be called. Before them, more than a dozen legislators would get their chance to talk, and several were there to jawbone other bills than S.B. 249. Around 4:30 p.m., Graff was in the lobby outside the hearing room. “This is mind-numbing,” he said. “I’ve testified in statehouses all over the country. I’ve never seen anything like this.”  

Somewhere toward 5 p.m., the sponsor of S.B. 249, House Majority Leader Joe Aresimowicz (D-Berlin/Southington) lowered himself into the witness chair and leaned toward the microphone on the desk in front of him. Naively, I expected vigorous banter about the details of the low-fee IRA fund that the bill would establish.

Instead, Aresimowicz spoke, as legislators often do, about the crisis—in this case, the retirement savings crisis—that the bill would address. And instead of being fed open questions by the Democratic representative who chaired the hearing, Peter Tercyak, Aresimowciz was greeted with two blunt statements from Republican members of the committee. One said that his business-owner constituents think S.B. 249 is a terrible idea. The other said that Connecticut hosts a large and capable financial services industry and has no need for a public retirement plan option. Aresimowicz was thanked and excused after only a few minutes.

*      *      *

A handful of state legislatures have shown interest in a state-sponsored defined contribution retirement plan like the one proposed in Connecticut. Larry Dorman, a public affairs coordinator for Council 4 of the American Federation of State, County and Municipal Employers, AFL-CIO, told RIJ on Tuesday that the states need to move ahead with such initiatives. Groups like his don’t believe that the Obama Administration’s auto-IRA, the MyRA plan, which the President revealed in his January 28 State of the Union speech, will ever become law, given the political gridlock in Washington.

California was the first state to consider a public retirement option, and its initiative is currently being studied. S.B. 249 is modeled on the California proposal, Aresimowicz said at a press conference on Tuesday. One of the comments made by Republicans on Tuesday was that Connecticut has no need to rush forward with its own bill until it sees what happens in California. 

In addition to Graff and Parks, representatives of several advocacy groups as well as several small business owners were scheduled to speak in favor of S.B. 249 on Tuesday. Karen Friedman, policy director of the Pension Rights Center was there, along with officers from AARP and the Connecticut Alliance for Retired Americans. Ken Floryan of West Hartford, a retired investment manager for Babson Capital Management, also supported the bill.    

Two representatives of the Connecticut Business & Industry Association, as well as two NAIFA members, Catherine Ernsky of Charter Oak Financial, and John Sayour, a New York Life/Eagle Securities adviser, and Pat McCabe of the Securities Industry and Financial Markets Association were scheduled to speak against it before the evening was through. Faced with a four-hour drive back to Pennsylvania, I couldn’t stay to hear any of them, unfortunately. But I talked to one of them later.

“I told the committee, ‘If this bill passes, you will line my pockets with money,'” one of the private-sector financial professionals said, referring to the bill’s coverage mandate. “You would think that I’d be for it, but I’m not. They’re going to create a whole bureaucracy, and for what? They [the supporters of the bill] don’t understand the unintended consequences of what they’re trying to do.” This person insisted that people of modest means aren’t saving because they can’t afford to, not because the private sector has neglected low and middle-income employees or small employers. “In any case, it’s too late to help people in their 50s. This is for people in their 20s and 30s.”

Given the Democratic majorities in both the Connecticut Senate and House, S.B. 249 has a good chance of passing, said Matthew Brokman, a political/legislative representative for AFSCME Council 4. “We expect this to be voted out of the Labor & Public Employees committee next week. Then it goes to a second committee, then to the full Senate for a vote, then to the House.” A similar bill would have passed last year, he said, but the session expired before it came up for a vote. One observer suggested that, in an election year, Democratic lawmakers are eager to do something nice for organized labor. As currently written, S.B. 249 would take effect July 1 of this year.

© 2014 RIJ Publishing LLC. All rights reserved.

Two Advisers, Two Strong Opinions of FIAs

Do you want to know what really steams Howard Kaplan? It’s when the LPL-affiliated adviser watches CNBC and hears a talking head speak dismissively about fixed indexed annuities, a product he knows a lot about and likes a lot.

Recently, CNBC Shelly Schwartz financial reporter said, “In the context of bond alternatives, fixed index annuities also bear mentioning—if only to urge caution.” When Kaplan, a CPA and financial planner, hears such things, he jumps on the phone or starts typing protest letters.

Do you want to know what infuriates Philadelphia-area adviser Harry Keller? It’s when he turns on CBS radio and hears Phil Cannella, host of the “The Crash-Proof Retirement Show,” trash the securities industry and boast of an unnamed, zero-risk, no-fee product for retirees that eventually turns out to be an FIA. 

“These products are still being mis-sold, and the sellers are still taking advantage of seniors,” Keller told RIJ. “There are more consumer protections for time-shares and gym memberships than there are for fixed indexed annuities.”

No financial product sold in the U.S. today triggers stronger emotions and opinions than fixed indexed annuities (or equity-indexed annuities, as they were called from 1995 to 2007). Annuities in general tend to provoke controversy, and FIAs are easily the most polarizing annuities.

A decade ago, chances were that you’d find only insurance agents on the “pro” side of the FIA fence and most if not all securities-licensed financial advisers in the “anti” camp. But with FIA sales reaching $10 billion per quarter, the frontier of that debate has drifted across channels. Today, a registered representative may be either for or against FIAs.

Last week, in the first of RIJ’s series on FIAs, we heard from broker-dealers about this product, which works like a structured note (bonds with a dash of equity options), but wrapped inside an insurance guarantee and blessed with the (rarely exercised) potential for conversion to a life annuity.

This week, we hear about FIAs from two independent financial advisers: Kaplan, founder of Kaplan & Co., a New York metro area adviser with a Harvard MBA, and Keller, founder of Financial Independence Group in Conshocken, Pa., just outside Philadelphia. Depending on your own point of view, you’ll probably disagree with about half of what they have to say. 

The argument for FIAs

For Kaplan (right), FIAs are the perfect product for today’s low and potentially rising interest rate climate and for a certain type of risk-averse client. Given his credentials and history, it’s hard to accuse him of opportunism, or to characterize him as a commission-driven product pusher.

“I’m a planner. I do asset management. I’ve also sold variable annuities, fixed annuities and life insurance. I was talking about FIAs, doing seminars and using them for quite a while before the financial crisis,” he told RIJ.

Howard Kaplan

“Ten or more years ago, I’d tell people, ‘We’re in the defined contribution world now. The responsibility for retirement has been dumped on you, so what’s your risk management plan?’ The answer was usually, ‘What’s that?’ or ‘I don’t have one.’ Annuities are about risk management. They don’t replace equities. They’re not a panacea. But there’s a place for them.

“Having a safety instrument that has delivered four to five percent a year in this market environment has been great. It’s as simple as that. It’s not a sales thing. It’s about planning. We’re far removed from hearing that FIAs ‘are sold wrong’ or that FIA buyers ‘think they’re investing in equities.’ That was 2005 and before. I don’t talk about them that way or use them that way.

“There’s a place for these things, particularly for the direction in which things are going. I say, ‘You can afford to give up a lot of upside with these products because you don’t have any downside.’ They’re more appropriate if you can handle a longer holding-period.

“We can pontificate about the need for growth and the importance of equities. But in most portfolios, there’s a place for safety and guarantees. There’s a set of clients that derives comfort from these products. I have clients who are very sensitive to the risk of rising interest rates. In the past, they might have been in bond funds. I like being able to offer them something that won’t generate losses.”  

Regarding specific products, Kaplan likes the Allianz 360 Annuity. One of its index options is the Barclays U.S. Dynamic Balance Index, a managed volatility strategy that moves assets back and forth every day between the S&P500 Index and the Barclays Capital U.S. Aggregate Bond Index, depending on whether market volatility is down or up, respectively.

As for crediting methods, “I tend to do more annual point-to-point,” he said. “But I’ve also used a blend where I put a third of the assets into annual point-to-point, a third into monthly sum and a third into monthly average. They all seem to have ended up in a similar place. I tend to focus on the S&P500. I haven’t seen anything that convinces me that there’s an advantage to other equity indices. You can get crazy with this stuff.”

The case against FIAs

For Keller (below), the FIA story does not appear to have changed all that much from 2005, when lightly regulated intermediaries were caught making deceptive claims about high-commission, long-surrender-period bonus indexed annuities to 80-year-olds at lunchtime seminars. He can hear it on drive-time radio any day of the week. And he takes it personally.

“In our area, aggressive people advertise on the radio. They advertise the ‘Crash-proof Retirement’ on the air, in fliers, in the newspaper. They tell people to ‘protect yourself against financial professionals with high fees’ and claim that they have a ‘no-cost guarantee.’ Please,” he told RIJ recently.

Harry Keller

“There’s good and bad in any type of investment. But securities have the advantage of being regulated so that representatives can’t exaggerate their benefits and must present the facts. Insurance agents aren’t as heavily regulated. They have more leeway in what they can call themselves. They’re not subject to as many disclosures in their advertising or brochures.

 “I’m not closed-minded. I was at Penn Mutual in 1980 when we created the Diversifier annuity. I’ve reviewed indexed annuities many times. We still review them. They’ve added some living benefits, which I like. But they’re very complicated, and they’re missing some things. A secure retirement requires more than a one percent return. The FIA returns won’t keep up with the cost of living.

“For a small portion of assets, they may be appropriate, but not for more than that. If I have a risk-averse client who wants a CD alternative, that’s where I’d use it. We’d look at contracts that follow the ‘10/10/10’ rule. [Maximum 10% commission, maximum 10-year surrender period, maximum 10% surrender penalty.] But because of the surrender periods and the [issuers’] arbitrary ability to change the rules, I wouldn’t want to lock a client into a even a 10-year product.

 “Last year, I had an event at an Iron Pigs [Phillies Class AAA minor league] game in Allentown and a guy said, ‘Check out these things for me.’ He had $500,000 or $600,000. Someone was trying to sell him an FIA with a 10-year surrender and a three percent earnings cap. I said, ‘This isn’t very good. Your financial plan requires a five or six percent return.’ This was in July 2013, when the market was headed to a 30% return for the year. The contract was already submitted to the insurance company but he had a 30-day [free-look period] and cancelled it.

“These products are still being mis-sold. Agents are still taking advantage of seniors. They’re saying ‘stock market returns without the risk of the market.’ They need to be regulated because they’re giving financial advice and they’re talking about indexes. I can’t make up my own designations like they can.”

Bottom line

Rarely does a discussion about a financial product feel so personal. Kaplan doesn’t like the way FIAs and FIA sellers continue to be portrayed in the media. Keller doesn’t like the way some FIA sellers (at least one of whom has his own radio show) vilify advisers and securities.

They think the smears are unfair. They’d almost certainly agree that bad publicity is bad for business. Both might also agree that FIAs are appropriate substitutes for bonds, not stocks. But they would probably disagree on the breadth of clients for whom FIAs are suitable or appropriate. On the important matter of whether FIAs are still widely “mis-sold” or not, they don’t seem to agree at all.    

© 2014 RIJ Publishing LLC.  

JPMorgan proposes “dynamic decumulation model”

“Breaking the 4% Rule,” a new white paper from J.P. Morgan Asset Management, suggests that “investors and their financial advisors should look beyond the static rules of the past when seeking to achieve stronger results from their retirement income withdrawal strategies.”

In its introduction, the 34-page paper asserts that:

  • Maximizing lifetime utility (i.e., potential derived satisfaction) serves as a more effective benchmark of retirement withdrawal success than typical measures, such as probability of failure. Focusing on utility offers a way to quantify how much satisfaction retirees receive from their portfolio withdrawals. This can help potentially increase investors’ level of income when they are most apt to enjoy their retirement dollars, while still avoiding the risk of premature portfolio depletion.
  • A dynamic approach to managing withdrawals and asset allocations provides a more effective use of retirement assets than traditional approaches. Adapting to changes in market conditions and investors’ specific situations over time can help maximize the expected lifetime utility generated by retirement assets. This type of dynamic strategy may help provide greater payout consistency and reduce the likelihood of either running out of money or accumulating excess wealth that is unlikely to be used by the investor.
  • Age, lifetime income and wealth all provide key insights into how to adjust investors’ withdrawal strategies throughout retirement. Holding all other factors constant, higher initial wealth levels suggest individuals lower their withdrawal rates, while also increasing their fixed income allocations. Greater lifetime income, through Social Security, pensions and/or lifetime annuities, allows individuals to increase both their withdrawal rates and equity allocations. Increasing age allows individuals to increase their withdrawal rates, while also decreasing their equity exposure.

© 2014 RIJ Publishing LLC. All rights reserved.

ASPPA criticizes two Obama budget proposals

President Obama released his 2015 budget proposal this week. In the “Opportunity for All” section of the budget, he reiterated two previous proposals relevant to the retirement income industry. But they are items that industry advocacy groups like the American Society of Pension Professionals and Actuaries (ASPPA) strongly oppose. The proposals are:

Reduce tax benefits for multi-million dollar retirement accounts (p 16). “Tax-preferred savings ac- counts were intended to help middle class families save for retirement. However, under current rules, some wealthy individuals are able to accumulate millions of dollars in these accounts, substantially more than is needed to ensure a secure retirement. The Congress could pay for the remaining half of the Opportunity, Growth, and Security Initiative by enacting the President’s proposal to prevent additional tax-preferred saving by individuals who have already accumulated tax-preferred retirement savings sufficient to finance an annual income of over $200,000 per year in retirement—more than $3 million per person.”

Cap deduction rate at 28 percent (page 34). “Currently, a millionaire who contributes to charity or deducts a dollar of mortgage interest enjoys a deduction that is more than twice as generous as that for a middle class family. The Budget would limit the tax rate at which high income taxpayers can reduce their tax liability to a maximum of 28 percent, a limitation that would affect only the top three percent of families in 2014. This limit would apply to all itemized deductions, as well as other tax benefits such as tax-exempt interest and tax exclusions for retirement contributions and employer sponsored health insurance. The proposed limitation would restore the deduction rate to the level it was at the end of the Reagan Administration.”

In a prepared response to these proposals, Brian Graff, ASPPA CEO and executive director, said, “Unfortunately, this year’s budget proposal includes the same wrong-headed attacks on employer-sponsored retirement plans as last year. The double tax on contributions to 401(k) plans and the misguided $3 million cap on the value of retirement benefits do not close any loopholes or curb any abuse. They punish small business owners who sponsor retirement plans for themselves and their employees. It is disappointing that an administration that claims to be concerned about giving more American workers access to retirement savings would discourage small business owners from maintaining the 401(k) plans they have now.”

© 2014 RIJ Publishing LLC. All rights reserved.

Public savings plan proposed for private sector workers in CT

Legislation that would create a Connecticut Retirement Security Trust Fund in which the state’s private sector workers over age 17 could establish tax-deferred individual retirement accounts has been prepared for introduction in the Connecticut Senate.

The “Retirement for All” bill, S.B. 249, was introduced in the Senate Labor and Public Employees Committee by chairwoman Cathy Osten. A public hearing on the bill is scheduled for 2 p.m., March 11, at room 2C of the Legislative Office Building, 300 Capitol Ave., Hartford.

According to a release from Retirement for All CT, the bill “would create a public retirement option that would provide employers and workers with a low-risk alternative to plans offered by the insurance industry. The plan would not require the employer to become a fiduciary or take on any liability. 

The state-run defined contribution plan would have be optional, offer as yet unnamed investment options, have a default but not mandatory annuity option at retirement, and would have a default contribution amount of two to five percent of salary, up to the limits for IRAs, according to the bill. Accounts could accept but not require employer contributions.

“Approximately 740,000 Connecticut residents are not participating in an employer- provided retirement plan,” according to a Schwartz Center for Economic Policy Analysis (SCEPA) study released last year. According to the National Institute on Retirement Security (NIRS), only 52% of working-age employees nationwide had access to a retirement plan on the job — the lowest share since 1979 — and a full 48% or 44.5 million Americans lack access. 

“A full 46% of Black workers and 62% of Latino workers lack access to a workplace retirement plan, compared with 38% of whites. Furthermore, a large majority of black and Latino working age households (62% and 69%, respectively) do not own assets in a retirement account.”

Supporters of the bill include Connecticut Alliance for Retired Americans, Council 4 AFSCME, the Connecticut AFL-CIO, Connecticut Working Families, SEIU Connecticut, the Permanent Commission on the Status of Women, Connecticut Association for Human Services (CAHS), the Spanish American Merchants Association (SAMA), CT National Organization for Women (NOW), the United Auto Workers (UAW) and the CSEA. 

© 2014 RIJ Publishing LLC. All rights reserved.

Strengthen Social Security now, AAA urges

The Social Security Committee of the American Academy of Actuaries has issued a public policy monograph calling on the federal government to act as quickly as possible to put the 75-year-old program on a permanently sustainable financial footing.

While the report doesn’t endorse any particular reform for achieving Social Security solvency, it includes evaluations of these options:

  • Increasing the payroll tax rate
  • Reducing benefits by changing the benefit formula
  • Reducing benefits by changing the automatic inflation adjustment
  • Reducing benefits to dependents
  • Changing the way trust fund assets are invested
  • Raising the age at which unreduced benefits are paid 
  • Changing the system so that all or some of the benefits are paid from individual accounts

The monograph also includes links to documents about Social Security issued or compiled by the American Academy of Actuaries since 2001.

Members of the AAA’s 2014 Social Security Committee include Janet Barr (chair), Timothy Leier (co-chair), Robert Alps, Eric Atwater, Douglas Eckley, Indira Holder, Eric Klieber, Timothy Marnell, John Nylander, Brendan O’Farrell, Jeffrey Mark Rykhus, Mark Shemtob, Joan Weiss, and Ali Zaker-Shahrak.

© 2014 RIJ Publishing LLC. All rights reserved.

AARP points out income-related variations in Medicare premiums

High earners may get a bigger share of the federal government’s tax expenditure on retirement savings incentives, but they also pay more for Medicare. The variations in Medicare premiums were documented recently in a Fact Sheet issued by the AARP Public Policy Institute.

Individuals on Medicare with incomes over $85,000 (and couples earning over $170,000) pay higher Medicare Part B and Part D premiums than those earning less, according to the Fact Sheet. Premiums vary according to income.

The standard Part B premium is $1,258.80 a year ($104.90 a month) and covers about 25% percent of Medicare Part B program costs. Those with higher incomes pay between $1,762.80 and $4,028.40 a year ($146.90 to $335.70 a month). Income-related premiums are calculated to cover at least 35% and as much as 80% of program costs.

Similarly, higher-income individuals pay higher Part D premiums, which increase at higher levels of income. They pay $145.20 to $831.60 ($12.10 to $69.30 a month) more per year in Part D premiums than the general population.

AARP cited “Medicare 2013 and 2014 Costs at a Glance” as its source. The data is available from the Centers for Medicare & Medicaid Services at http://www.medicare.gov/your-medicare-costs/costs-at-a- glance/costs-at-glance.html.

In 2013, only five percent (2.4 million) of people with Medicare Part B paid the higher income-related Part B premium, and four percent (1.5 million) of those with Medicare Part D paid the higher income- related Part D premium.

These proportions are expected to increase over the next few years, because the income thresholds for higher premiums are fixed at current levels through 2019, AARP said. By then, about 9.6% (5.4 million) of Medicare Part B enrollees will pay the higher income-related Part B premiums, and 9% (4 million) of Part D enrollees will pay the higher income-related Part D premiums.

Higher-income workers pay more in Medicare payroll taxes. Currently, individuals earning over $200,000 a year, or couples earning over $250,000 a year, pay an additional 0.9% payroll tax on their wages over the threshold amount.

For example, a person earning $250,000 will pay $7,250 in Medicare payroll tax, plus an additional $450 for earnings over the $200,000 threshold. This additional 0.9% tax is credited to the Medicare trust fund.

© 2014 RIJ Publishing LLC. All rights reserved.

RetirePreneur: Laura Varas

What do you do? Hearts & Wallets is a syndicated research firm that produces four types of research for the retirement industry: market sizing, qualitative investor insights, a quantitative investor behavior database, and competitive strategies and best practices. We also do an annual Inside Retirement Advice competitive landscape where we review and assess up to 30 different advice experiences.

Varas RetirePreneur box

Why do clients hire you? We’re the only ones who integrate all four areas of research. For example, we’re tracking trends in what we call “up-shifting” and “down-shifting.” Up-shifters want more service and advice and are willing to pay for it. Down-shifters favor low cost and want to do as much as possible on their own. We think the investment industry will be more like buying a car as we go forward. The options for advice, and what to expect from them, will be clearer. We can already see the variations, from Mercedes and Hondas to Kias and even Flintstone cars.  

Where did you come from? I was a professional musician as a child. That’s where my entrepreneurship comes from. My father is a composer and teacher, and my mother was an organist. Growing up, I thought everyone worked weekends and nights, wearing black and playing concerts. In the 1970s, I was the only kid in Boston who could sing avant-garde 20th century music, so I performed a lot with New England Conservatory faculty recitals, Opera Company of Boston and the Boston Symphony Orchestra.

I went to Yale and majored in economics. I spent four years on the sailing team at Yale. It’s a year-round sport and, like music, it involved working obsessively on your own technique while trying to figure out how you fit into the big picture with your collaborators, competitors and environment. Then I travelled a lot. I was in Berlin when the Wall came down. My early jobs were in the strategy practice at Mercer Management Consulting, at Grey Advertising and at Colgate Palmolive. After business school, I worked at Citibank, then Fidelity. Then I met my business partner, Chris Brown. I went on my own in 2004. Since then I’ve been doing market research and I love it.  

How do you get paid? We are paid by subscription by clients. Most subscribe to all the work available, but we do license individual reports to companies that want specific research.

How do you feel about annuities? Annuities are fundamental. They’re right up there with the aqueduct in terms of providing security for people. At the same time, it’s sad that past sales and pricing practices have left a cloud of negativity surrounding them. There needs to be a total breakthrough in transparency about how they work. I would definitely participate in a longevity annuity and would probably devote a portion of my retirement savings to an income annuity. But first I’d want to see how each part fits into the whole.   

What is your retirement philosophy? To me, retirement is the most interesting area of finance because it’s about how we live our lives. As an industry, we should try to set up a framework that gives people the freedom to plan, and then give them guidelines that make it safe for them. One of our mistakes has been to set the bar too high. Not everyone needs an 80% income replacement rate for 30 years of leisure. I mean, really. Can you think of an era in the course of human history when that’s been a reasonable expectation?

© 2014 RIJ Publishing LLC. All rights reserved.   

Our 401(k) System, in Black and White

Are 401(k) plan sponsors becoming more or less generous to participants as time goes by?

Anybody who read Bloomberg’s February 20 expose would have gotten the impression that “stingy” sponsors have been sapping “hundreds of thousands of dollars” from employees’ nest eggs.

Some of the largest sponsors, wrote Bloomberg’s Carol Hymowitz and Margaret Collins, are saving money by delaying annual matches until after the end of the year, thus denying a year’s worth of match to any employee who left service before December 31.

But a report from research firm Strategic Insight, issued this week, gave a much rosier impression. “Plan design features that saw aggregate improvements [between 2009 and 2013] include employer matching contributions, formulas, schedules and vesting,” according to an analysis by Bridget Bearden, head of defined contribution retirement research at SI.

The contrast in the two stories is not surprising, given the sharp polarization in viewpoints of the defined contribution industry. Those with great plans (or who advocate for the industry) regard the 401(k) glass as at least half-full. Those with no plan (or who advocate for the roughly half of full-time workers who can’t save at work) regard it as half-empty.

At first glance, the Bloomberg/Strategic Insight discrepancy seemed remarkable, because both parties appeared to be drawing opposite conclusions from the same data. I asked Bearden how that could be. She said Bloomberg used a tiny sample size and SI used a much bigger one.

“The biggest difference between the reports is the sample size and framing of the data,” she replied in an email. “Our analysis is based on several years of survey work by our affiliate Plansponsor magazine. In each of the past several years for which we analyzed the data, more than 5,000 plan sponsors participated.

“For example, Bloomberg found 57 large companies that posted information about their matches on their ‘5500’ forms. [A disclosure required by the Department of Labor.] The charts highlight that of those 57, only 17 (30%) matched annually. The part that 70% (the majority) match in increments other than annual is missed. Other percentages posted also reflect minorities in terms of both the sample size and the overall population of plan sponsors,” Bearden wrote.

In other words, they didn’t draw from exactly the same data.

The two stories could not have been more different in the portrait they painted of plan sponsors. The Bloomberg story charged that 23% of the companies that reinstated their matches after the financial crisis cut contributions. And it named names of companies that had switched to once-a-year contributions. Blue-chip companies like AOL, JP Morgan Chase, Oracle and IBM—17 in all—were put through a virtual perp walk across the Bloomberg/BusinessWeek website.

The reporters also compared the reality to an ideal. Bloomberg/Businessweek.com’s infographic showed the difference in accumulations in a defined contribution account over a 40-year span between an account with a 3% match and a 6% match. The assumed average growth rate was 6%. The accumulations were $624,062 and $812,636, for a difference of about $188,500. 

The SI report, by contrast, took a more Panglossian view. It boasted that the “percentage of employers matching 50%-99% of the first 6% rose to 58% in 2013 from 52% in 2009, while the percentage of employers saying that their match was less than 50% of the first 6% fell to 22% in 2013 from 31% in 2009.”

Over 80% of plan sponsors match contributions within three months, SI said. Seventy-seven percent of sponsors in 2013 said the match frequency was “each pay period.” The percentage of plan sponsors that match annually declined from 15% in 2012 to just 14% in 2013.

In the 401(k) debate, as in most debates, anyone can cherry-pick the examples or create glossy averages and paint any picture they want. When there are hundreds of thousands of plans, you can connect the dots in an infinite number of ways. I’d guess that the situation isn’t as dismal as Bloomberg imagines or as reassuring as Strategic Insights suggests.   

Life, after all, isn’t fair. Millions of us compete for a finite number of positions at profitable companies with excellent medical and retirement benefits. Some of us are fortunate enough to work for such companies our whole lives. Others are fortunate enough to work for such companies for part of our careers. Many aren’t fortunate at all. But the expectation of parity in 401(k) plans is a straw man argument. (Also, the 401(k) match is just one piece of the compensation picture at a company.)

Full disclosure: I’ve had good and bad experiences with the 401(k). One of my employers patently underpaid everyone by 10% but, in an addition to a match and profit sharing, it volunteered an extra 10% of salary to the each person’s 401(k) account every year. I wish everyone had a plan like that. But I also worked for a much less profitable company where, on the day of my separation, I instantly lost about $7,000 in unvested 401(k) matches because I hadn’t completed the minimum three years.

We live in an opportunistic society. We sit side by side on airliners but pay different fares. Even if we send our kids to the same college, my tuition bill might be $45,000 and yours $10,000. Or maybe even zero. We accept or regret these discrepancies, as the case may be.

The 401(k) issue is slightly different. The federal tax break for long-term saving is supposedly available to all. But its benefits don’t accrue to all, and it rewards those in higher tax brackets disproportionately. To some people, that seems regressive and unfair. The Bloomberg article may have stretched to make a point, but the concern is valid.

© 2014 RIJ Publishing LLC. All rights reserved.   

FIAs Come In From the Cold–Sort Of

As fixed indexed annuity (FIAs) sales have risen over the past decade—to a record $11.9 billion in the fourth quarter of 2013, according to LIMRA—the product has gained some respect from those in the securities industry who once disdained it.

Solid numbers are hard to come by, and the complexities of annuity sales distribution make it difficult to generalize. But, increasingly, more registered reps with insurance licenses are selling FIAs, a product that insurance agents used to regard as largely their own.

In short, distribution of this structured product—basically a fixed-rate annuity with a fraction of its assets used to buy call options on the S&P500 or another equity index—is broadening. It has spread from the agents to the banks to the independent broker-dealer reps (though not to the wirehouses). Even the most conservative broker-dealers are holding internal meetings about approving certain FIAs..

But the data is fuzzy. Advisers may wear both insurance and securities hats, and some can choose to send an FIA purchase through their broker-dealer or through an insurance wholesaler. “The percentage of FIA sales that is going through broker-dealers is elusive,” FIA expert Sheryl Moore, CEO of Wink, told RIJ. “None of the sales tracking groups have been able to track that data. We have done surveys, and about 55% of the insurance agents who respond also identify themselves as registered reps.”

“My own experience, and I think it’s representative, is that a third to a half of FIAs are sold by registered reps,” said Paul McGillivray, who leads CreativeOne’s FIA wholesaling efforts and broker-dealer relationships in Kansas City, Mo. “That number doesn’t show up because the sales go through IMOs (insurance marketing organizations), and we count that as [insurance] agent distribution.”

To be sure, the FIAs that are sold by insurance agents through FMOs aren’t necessarily the same products that are sold by registered reps through broker/dealers. Manufacturers tend to build more conservative products for the broker-dealer channel. Nor are they always sold in the same way.

Historically, insurance agents and wholesalers have been accused of exaggerating FIA benefits and, judging by some of the ads on the Internet, some still do. But broker-dealer reps remain under FINRA-pressure to position them as safe fixed income investments with more potential yield than a certificate of deposit.

The obvious reason for the spillover of FIA sales from the pure insurance agent and bank adviser channels to the independent broker/dealer channel is the traction that FIAs have gotten in the marketplace. But that only raises the question, why are FIAs getting traction?

Their success is mainly a function of the low interest rate environment. In times like these, when risk-averse older investors are starved for yield and nervous about the stock market, FIAs have a story that helps melt their resistance to act. Contract owners can’t lose money, and in the event of a bull market, they won’t be entirely left out. Ultra-low rates helped boost FIA sales in the early 2000s, and they’re helping today.

The financial crisis and the Boomer retirement wave have also worked to FIAs’ advantage. VA manufacturing capacity dropped after the crisis, and FIAs have helped fill the vacuum. Overseas insurers divested their U.S. life insurance properties after the crisis, opening the door to acquisitions by private equity firms, which have brought energy and innovation to the FIA market. And, importantly, FIA manufacturers have added lifetime income riders at a time when Boomers are looking for guaranteed income.

In this first of a series of RIJ articles on the evolution of FIAs, you’ll hear from people at  three different broker-dealers who have responded to the rising popularity of FIAs in different ways. These include Scott Stolz, senior vice president at Raymond James Financial, Nicholas Follett, annuity consultant at Commonwealth Financial Network, and an executive (who requested anonymity) at a broker-dealer that doesn’t yet offer FIAs.

‘We’ve stayed away’

For one broker-dealer executive, it’s difficult to imagine the ideal customer for an FIA.

“We have stayed away from FIAs in the past. If an advisor asks us about offering them, we say, ‘We’re looking to see if there’s value for them here, but we’re not comfortable bringing them to market yet,’” said an executive at an unnamed broker/dealer whose registered reps do not sell FIAs.

“There’s been some negativity about them here, partly because of confusion about what they can do. But lately they have a little more clarity,” he added.  The participation rates have gone up to 100% on some products, rather than 80%. They’ve added GLWBs. Those developments have made us think more about them. We just have to make sure we understand them and think about how they could work best for us.”

This particular manager doesn’t see FIAs as no-risk products, because the client faces the risk of a zero return if the equity markets go down. Ipso facto, they’re riskier than a fixed-rate annuity that’s guaranteed to deliver a specific yield. He’s aware that the Achilles heel of “best-of-both-worlds” products is that, under the wrong circumstances, they can flip into “worst-of-both-worlds” products.

For that reason, it’s difficult for him to see where FIAs into the risk-tolerance spectrum that financial advisers use to guide their recommendations. “Our problem is identifying whom this is for,” he said. “When you think about a client’s risk profile, if they are conservative investors, then they can buy a fixed-rate annuity. With the FIA, the challenge is that there’s the potential to get nothing. That’s our biggest issue.”

This broker/dealer is also hesitant to do an about-face on FIAs. “Our advisers haven’t been trained on indexed annuities,” he said, adding that not so long ago the advisers were commiserating with new clients who’d been saddled with FIAs with long surrender periods and disappointing returns.

“That’s the philosophical challenge we have. [If we start selling these,] some of our advisers will say, ‘We’re finally doing this! This is what I’ve wanted for years.’ But others will say, “I can’t believe we’re doing this! I’ve had terrible experiences with these products.’ In reality, everybody wants everything. The challenge is setting expectations.”     

Selectivity reigns at Raymond James

Raymond James sells FIAs, but according to Scott Stolz it is selective about the issuers it represents and the products it offers. The firm has two kinds of advisers, its full-time “wirehouse” advisers and its independent advisers. Of the two, generally speaking, only the independents have embraced FIAs.

“The independents are more insurance-oriented,” Stolz said in an interview. “The experience that most registered reps have had with indexed annuities has been negative. They hear the words indexed annuities and they assume it’s a crappy product. It took us three years to get our wirehouse channel advisers to look at that product.”

But, over the seven years since Stolz first hired an FIA product manager at Raymond James, and started sending advisers through a day-and-a-half FIA training course, the sales force has gradually bought into them and level of FIA sales has, after a slow start, steadily grown.

“We were one of the first broker/dealers to proactively market them,” Stolz said. “The first year of training, everybody left the room saying, ‘Why are they telling us about this product?’ The second year they listened, thinking, ‘I better know how these things work, because other people are pitching them to my clients, and maybe I can sell against them. But it was four years before we saw the needle move.

“We started at zero sales. Then we got to a couple million a month. We sat at $4 million a month for a year, until we began to think $4 million was the limit. Around Year Four—2011—we began to see a significant increase. After the second quarter of last year, we saw an immediate doubling of FIA sales. Now we’re doing $500 million a year. If interest rates start to rise over time, we’ll do $1 billion a year.” That’s not a huge number for Raymond James, which manages $441 billion, but it’s all new business.

“Some of them don’t speak our language,” Stolz told RIJ. “An issue we have is that the FIA industry—particular the companies that have been in indexed annuities for a long time and most independent agents—is that they try to position the FIA as a product that’s halfway between variable and fixed annuities.

“We’ve seen charts where they have overlapping circles where one circle is fixed and the other variable. They always want to stick it in the middle. We blatantly disagree with that. It’s a fixed product and it’s going after the same money as a fixed product. In the long run, the insurance companies say the FIA will average 4.5% a year. But is the client willing to give up a fixed rate in order to get another 1.5% or 2% a year?

“Now, after last year’s equity market, we’re seeing uncapped, monthly-averaging products. These had good returns last year, so now they’re out there saying, ‘You should buy these products because they have almost unlimited upside. You can earn 12% or 15%. But if you say that, you’re creating the wrong expectations,” Stolz told RIJ.

“We’ve had no complaints on a single policy. We make the expectation a 4.5% return, and tell people that in some years they’ll get nothing and in other years they’ll get 6%. With that expectation, it’s hard not to be happy. But if the investor is told that he’s buying an equity alternative, he’s not a happy camper unless he gets 10% or 15%. Don’t talk about this as if it’s a ‘safer’ equity play.”

When an FIA has no cap on the upside, Stolz said, it’s difficult to pretend that equity performance isn’t part of the equation. “One manufacturer showed us a product with two-year point-to-point crediting method, uncapped but with a spread of 2.5%. [The client receives all returns in excess of 2.5%.] We said, ‘Why are you taking that approach?’ They said, ‘This allows the client to capture more of the upside when the market does well.’ But then, how do we explain all this to the adviser without a long discussion about equities? You’ll have to talk about equities.”   

Raymond James sells FIAs manufactured by Genworth, Protective, Pacific Life, Symetra and Great American. It doesn’t sell Security Benefit FIAs because, despite that company’s rich GLWB rider, the issuer, a unit of Guggenheim Partners, doesn’t quite have an A rating from A.M. Best.

Raymond James advisers also try to use the simpler crediting methods. “We lean toward annual point-to-point and the S&P500 Index,” Stolz said. “It’s easy to understand and we don’t have to explain why they got what they got. Fifteen months ago, we had a case where a husband and wife bought FIAs five or six days apart with 1035 exchanges. The adviser put them into a monthly average product, and one got a 9.25% return and the other got 4.5%. Both were happy, but I couldn’t understand how five or six days could make such a big difference. The monthly average [method] is a crapshoot.”

Commonwealth’s in-house annuity experts

Advisers affiliated with Commonwealth Financial Network, which is based in Waltham, Mass., are selling a lot of FIAs. “Even in the past month it’s been ramping up more and more,” said Nicholas Follett, an annuity specialist at the privately-held independent broker-dealer. “We’re absolutely hearing from more advisers who didn’t sell FIAs before. An adviser will say, ‘I’ve been shying away from indexed annuities but I hear they’re getting better. We say, ‘I understand why you have that feeling.’”

Follett is one of the in-house annuity counselors on whom the firm’s 1,487 advisers rely for guidance when trying to pick a suitable annuity—any type of annuity—for a client. “Commonwealth demands that my position serves as an active consultant to the advisors. I’m like a shoe store salesman that makes sure the client gets a perfect fit,” he told RIJ.

A conversation with Follett about FIAs elicits none of the ambivalence toward that product that’s heard at other broker-dealers or from some registered reps. Commonwealth is picky about the FIAs that it approves for its advisers: it has a formal due diligence process, it uses the consultant ­ALIRT to vet FIA manufacturers, and it screens each sale for suitability. But there’s no hint of disdain.

One sign of liberality: Commonwealth advisers can sell Security Benefit’s FIA even though the company has a B++ financial strength rating from A.M. Best (but A- from Standard & Poor’s) that keeps it out of, for instance, Raymond James. “We prefer an A rating. The lowest rated company we sell is Security Benefit. But we felt compelled to put them there because of their living benefit. We need to be competitive,” Follett told RIJ.

“More than any other type of investment products, annuities are ‘horses for courses,’” he added. “You’ve got to pair the right client with the right strategy at the right time. I do a lot of FIA counseling one-on-one with advisors on the phone, walking them through the different crediting methods and cap rates. The simplest method, after the fixed-rate option, is the point-to-point with a cap. It’s easy too explain: ‘You can’t lose money but you can only earn up to a certain point.’”

The same factors that are driving FIA sales elsewhere are driving them at Commonwealth. Fixed-income investors are frustrated with low yields and are looking for alternatives. Retirement income clients and advisers have watched as FIA living benefits “have gotten more robust, while the VA living benefits have been getting weaker,” Follett said.

The interest shown by big-name Wall Street firms in FIAs has only helped the category, Follett added. The presence of Berkshire Hathaway (an investor in Symetra since 2004) and Guggenheim Partners (a 2010 acquiror of Security Benefit), in the FIA business has helped raise advisers’ comfort levels with the product, he said.

“Anecdotally, it’s easier to convince advisers [about FIAs] when you have names like that behind the product, and it makes it easier for the adviser to introduce the products to their clients. They can say, ‘You may not have heard of Symetra, but you’ve heard of Warren Buffett.”

This is the first of an intermittent series of articles about fixed indexed annuities.    

© 2014 RIJ Publishing LLC. All rights reserved.

Journal of Retirement Publishes Winter 2014 Issue

The Journal of Retirement has just released its Winter 2014 issue. The journal is published by Institutional Investor Journals, edited by George A. (Sandy) Mackenzie and sponsored by Bank of America Merrill Lynch. It features academic articles on, as the editor puts it, “a broad range of issues in retirement security.”

The latest issue features the following articles:

“Contribution of Pension and Retirement Savings to Retirement Income Security: More Than Meets the Eye,” by Billie Jean Miller and Sylvester J. Schieber.

“Retirement Income for the Wealthy, Middle and Poor,” by Meir Statman.

“The Tontine: An Improvement on the Conventional Annuity?” by Paul Newfield.

“Low Bond Yields and Efficient Retirement Income Portfolios,” by David Blanchett.

“The Role of Annuities in Retirement,” by Steve Vernon.

“Annuities, Credits and Deductions: An Experimental Test of the Relative Strength of Economic Incentives,” by John Scott and Jeffrey Diebold.

“Structured Product–Based Variable Annuities: A New (and Complex) Retirement Savings Vehicle,” by Geng Deng, Tim Dulaney, Tim Husson, and Craig McCann.

“Defined Contribution Plans and Very Large Individual Balances,” by John A. Turner, David D. McCarthy, and Norman P. Stein.

© 2014 RIJ Publishing LLC. All rights reserved.

The Bucket

Prudential debuts interactive retirement income website

Prudential Annuities has launched www.IncomeCertainty.com, a website that gives consumers answers to common questions, helps them share information with their advisers, and alerts them to the risks of retirement. Along the way, it repurposes some of the themes, images and music of Prudential’s Day One and Blue Dot ad campaigns.

Investors can access the site via computer, mobile phone or tablet devices.

The domestic annuity arm of Prudential Financial, which rolled out the site this month, wants to make retirement income planning more accessible to investors. IncomeCertainty.com features quizzes, retirement income calculators and “educational snacks” or infographics related to retirement.

The “Know Your Challenges” tab on the website unveils different retirement risks and ways in which investors can mitigate them. Challenges that are illustrated include the risk of outliving one’s income, market risk and inflation risk.    

The website also enables users to create a virtual binder or folder. It allows investors to save the content they find most relevant and share it with their financial adviser during face-to-face meetings.

Brochures, videos and research are also available on the site. They offer tips on avoiding costly Social Security mistakes, on preparing for rising healthcare costs, and other practical advice.

Woodbine: Are you ready for the Volcker Rule?

A new report that outlines compliance and business requirements for banks under the Volcker Rule has been released by Woodbine Associates. The Volcker Rule requirements are set to go into effect April 1, 2014.

The report, Volcker Rule Readiness Assessment, was written by Sean Owens, director of fixed income research and consulting at Woodbine. It provides guidance in preparing for trading and covered fund investments.

Woodbine reminds clients that, under the rule, banks must meet several new requirements, from establishing comprehensive compliance programs to making improvements in corporate governance. Banks will also be required to implement new reporting metrics, describe compensation policies and enforce modified risk management measures.

Woodbine warns that:

  • Banks that engage in underwriting, market making and hedging must develop and implement a comprehensive business and compliance framework that includes detailed policies and procedures for trading, risk management, internal control and oversight.
  • The complexity of the new regulation will require banks to create multi-functional teams to develop and implement necessary measures. 
  • Qualified external and independent analysis of business practices, policies, procedures, and internal controls is essential to ensure compliance without business disruption.

The full report can be purchased at www.woodbineassociates.com.

NIRS to host retirement conference in D.C. March 4

The National Institute on Retirement Security will host its fifth annual retirement policy conference, “On the Money? A Close Up Look at Americans’ Retirement Prospects,” on Tuesday, March 4, 2014, from 8:00 AM – 2:30 PM at the Washington Court Hotel, 525 New Jersey Avenue, N.W., Washington, D.C.

The event will feature the release of a new report, The Financial Security Scorecard: A State-by-State Analysis of Economic Pressures on Future Retirees. This report ranks the 50 states and the District of Columbia relative to three areas: potential retirement income; major retiree costs such as housing and health care; and labor market conditions.

Conference speakers include:

  • Ray Boshara, Assistant Vice President, St. Louis Federal Reserve Bank
  • Jack Ehnes, CEO, CalSTRS
  • Mark Iwry, Senior Advisor to the Secretary and Deputy Assistant Secretary, U.S. Treasury Department
  • Mark Miller, Author and Journalist
  • Earl Pomeroy, Former U.S. Congressman and Senior Counsel, Alston and Bird
  • David M. Rubenstein, Co-Founder and Co-CEO, The Carlyle Group
  • Dallas Salisbury, President and CEO, Employee Benefits Research Institute
  • Damon Silvers, Director of Policy and Special Counsel, AFL-CIO
  • Christian Weller, Professor, University of Massachusetts Boston and Fellow, Center for American Progress

USAA CEO to retire next year

USAA CEO and President, Major General Josue “Joe” Robles Jr., U.S. Army (Ret.), announced today that he will retire from USAA in the first quarter of 2015.

Robles has been instrumental in expanding USAA membership eligibility to all who have ever honorably served in the U.S. military and their eligible family members. Under Robles’ leadership, USAA has grown 53 percent in members, 45 percent in revenue, 68 percent in net worth, and 59 percent in assets owned and managed – all during one of the worst U.S. economic downturns in recent history.

During that same period, which included some of the costliest catastrophe years in USAA history, USAA returned $7.3 billion to members and customers through dividends, distributions, bank rebates and rewards, and remained among just a handful of companies to earn the highest possible ratings for financial strength from Moody’s, A.M. Best and Standard & Poor’s.

After serving on the USAA Board of Directors from 1990 to 1994 while on active duty, Robles joined the company in 1994 as CFO and Controller. He also served as Corporate Treasurer and Chief Administrative Officer before assuming the role of CEO and President in 2007.

Consumer debt reached $11.52 trillion at end of 2013

Aggregate consumer debt increased in the fourth quarter by $241 billion, the largest quarter-to-quarter increase seen since the third quarter of 2007, according to the Federal Reserve Bank of New York.

As of December 31, 2013, total consumer indebtedness was $11.52 trillion, up by 2.1% from its level in the third quarter of 2013.

The four quarters ending on December 31, 2013 were the first since late 2008 to register an increase ($180 billion or 1.6%) in total debt outstanding. Nonetheless, overall consumer debt remains 9.1% below its 2008Q3 peak of $12.68 trillion.

Mortgages, the largest component of household debt, increased 1.9% during the fourth quarter of 2013. Mortgage balances shown on consumer credit reports stand at $8.05 trillion, up by $152 billion from their level in the third quarter. Furthermore, calendar year 2013 saw a net increase of $16 billion in mortgage balances, ending the four-year streak of year over year declines.

Balances on home equity lines of credit (HELOC) dropped by $6 billion (1.1%) and now stand at $529 billion. Non-housing debt balances increased by 3.3%, with gains of $18 billion in auto loan balances, $53 billion in student loan balances, and $11 billion in credit card balances.

Delinquency rates improved for most loan types in 2013Q4. As of December 31, 7.1% of outstanding debt was in some stage of delinquency, compared with 7.4% in 2013Q3. About $820 billion of debt is delinquent, with $580 billion seriously delinquent (at least 90 days late or “severely derogatory”).

Delinquency transition rates for current mortgage accounts are near pre-crisis levels, with 1.48% of current mortgage balances transitioning into delinquency. The rate of transition from early (30-60 days) into serious (90 days or more) delinquency dropped, to 20.9%, while the cure rate—the share of balances that transitioned from 30- 60 days delinquent to current—improved slightly, rising to 26.9%.

About 332,000 consumers had a bankruptcy notation added to their credit reports in 2013Q4, roughly flat compared to the same quarter last year.

Housing Debt

  • Originations, which we measure as appearances of new mortgage balances on consumer credit reports, dropped again, to $452 billion.
  • About 157,000 individuals had a new foreclosure notation added to their credit reports between October 1 and December 31.
  • Foreclosures have been on a declining trend since the second quarter of 2009 and are now at the lowest levels seen since the end of 2005.
  • Mortgage delinquency rates have seen consistent improvements; 3.9% of mortgage balances were 90+ days delinquent during 2013Q4, compared to 4.3% in the previous quarter.
  • Serious delinquency rates on Home Equity Lines of Credit decreased to 3.2%, down from 3.5% in 2013Q3.

Student Loans and Credit Cards

  • Outstanding student loan balances reported on credit reports increased to $1.08 trillion (+$53 billion) as of December 31, 2013, representing a $114 billion increase for 2013.
  • About 11.5% of student loan balances are 90+ days delinquent or in default.
  • Balances on credit cards accounts increased by $11 billion.
  • The 90+ day delinquency rate on credit card balances increased slightly to 9.5%.

Auto Loans and Inquiries

  • Auto loan originations decreased in the fourth quarter of 2013 to $88 billion.
  • The percentage of auto loan debt that is 90+ days delinquent remains unchanged at 3.4%.
  • The number of credit inquiries within six months – an indicator of consumer credit demand – remained virtually unchanged from the previous quarter at 169 million.

© 2014 RIJ Publishing LLC. All rights reserved.

U.S. ranks 19th of 20 in Natixis Global Retirement Index

The United States narrowly holds its spot among the top 20 nations globally in its capacity to meet retirement security needs and expectations, according to the 2014 Global Retirement Index, published today by Natixis Global Asset Management. The U.S. scored 19th among 150 nations analyzed, as the benefits of increasing U.S. economic stability are moderated by the potential for rising interest rates and inflation, as well as persistent income inequality.

The 2014 Global Retirement Index is based on an analysis by Natixis Global Asset Management of 20 key trends across four broad categories: Health and healthcare quality, personal income and finances, quality of life and socio-economic factors. Together, these trends provide a dynamic measure of the life conditions and wellbeing expected by retirees and near-retirees.

The U.S. scored higher year over year in all four broad categories, yet was surpassed by other nations trending higher in areas such as healthcare and government debt. For overall retirement security, the U.S. remains behind the majority of countries in Western Europe and Canada, and ahead only of Israel on the list of the top 20 nations. Despite ranking sixth highest in per capita income, the U.S. ranks first in per capita healthcare expenditures, yet 33rd for life expectancy and relatively low (81st) for income inequality.

The 2014 Global Leaders
Retirees in European countries enjoy the greatest financial security in retirement, with eight of the top 10 places among the 150 nations. Countries heading the global list include top-ranked Switzerland, second-ranked Norway (last year’s no. 1), Austria, Sweden, Denmark, Germany, Finland and Luxembourg. Australia and New Zealand are the only non-European countries to break into the top 10 globally.

New Zealand, Iceland and the Republic of Korea are the most improved performers in the top tier of the rankings, with each climbing at least 10 places from last year to enter the top 20. In contrast, Japan dropped from the top 20, as did export-dependent European nations Slovenia and Slovakia. The following table highlights the top 20 countries for 2014 and shows their ranking from last year.

Top 20 Nations for 2014
1. Switzerland (ranked 2nd in 2013)
2. Norway (1)
3. Austria (5)
4. Sweden (4)
5. Australia (11)
6. Denmark (8)
7. Germany (9)
8. Finland (6)
9. New Zealand (22)
10. Luxembourg (3)
11. Iceland (23)
12. Belgium (14)
13. Netherlands (7)
14. Canada (13)
15. France (10)
16. Czech Republic (17)
17. Republic of Korea (27)
18. United Kingdom (20)
19. United States (19)
20. Israel (12)
For a more detailed overview of the Natixis Global Retirement Index, including the rankings of all 150 nations evaluated, go to www.durableportfolios.com.

Trade groups give one cheer for Maryland retirement proposal

Following California, the Maryland legislature is considering legislation that would require nearly all private businesses in the state to provide a workplace retirement savings plan for their employees, according a report in NAPA.net.

The bill would also establish the Maryland Secure Choice Savings Trust, a state-run auto-IRA program for private employers that do not wish to use a private provider to satisfy the requirement.

Private employers who currently offer a private retirement savings plan of any type for employees would not have to do anything new.

In a release, ASPPA and NAPA, trade groups of retirement plan administrators and advisers, said:

“Proposals mandating retirement plan coverage for private employers remain attractive to state legislators who recognize that a failure to address the retirement plan coverage gap means future retirees could be more dependent on social services, straining state resources. As a result, there has been a flurry of legislative activity in multiple states addressing this issue.

“ASPPA and NAPA have been actively engaged in these state legislative efforts. Our goal: to ensure that these bills include four key criteria:

• Any legislation must require private employers above a certain size to offer some type of retirement savings program to employees.
• Any type of private retirement savings product must be allowed to meet the requirement.
• If state legislators believe that a state-run retirement program is necessary, then that program must be an IRA-based program exempt from ERISA.
• Any legislation must include the creation of an online private vendor clearinghouse — a convenient place for private employers to learn about private retirement products that satisfy the requirement.

As a result of offering constructive solutions that make sense to address the coverage problem, ASPPA and NAPA have been given a seat at the table. In the case of the Maryland legislation, for example, Brian Graff, executive director/CEO of ASPPA and NAPA, was invited to participate in a Feb. 20 legislative hearing on the proposal.

“ASPPA and NAPA will continue to work closely and collaboratively with the sponsors of the Maryland bill to ensure that this legislative effort will squarely address the problem of workplace-based retirement plan coverage and access.

“In Maryland and other states, we will not allow the process to be derailed by other agendas; if a proposal does not meet our criteria, we will do everything we can to oppose and defeat it.”

© 2014 RIJ Publishing LLC. All rights reserved.

How to improve public pensions: SoA panel

Public pension experts issued recommendations this week outlining how plans could achieve fully funded status. The “Report of the Blue Ribbon Panel on Public Pension Plan Funding” recommended that public plans should:

  • Improve their financial management, risk analysis and information by disclosing plan maturity, investment risks, stress tests, plan costs, and the ratio of contributions paid to the recommended contribution.
  • Create a standardized contribution benchmark that would allow sponsors to measure the aggregate level of funding risk. This information should be disclosed in actuarial reports, said the panel in a press release. The standardized plan contribution would use a stipulated rate of investment return.
  • Direct their actuaries to disclose the information mentioned above and be required to provide an opinion on the reasonableness of the assumptions and analysis in the funding plan.
  • Implement strong governance practices. That includes the establishment of governance structures to support payment of recommended contributions. Additionally, plans should create a strong risk oversight function at the board level that would consider the cost and risks of proposed plan changes.

Members of the SoA panel were:

Bob Stein, FSA, MAAA, CPA, retired, former global managing partner of actuarial services of Ernst & Young; panel chair

Andrew G. Biggs, Resident Scholar, American Enterprise Institute; panel co-vice chair Douglas J. Elliott, Fellow, The Brookings Institution; panel co-vice chair

Bradley Belt, vice chairman, Orchard Global Capital Group and chairman of Palisades Capital Management; former CEO of the Pension Benefit Guaranty Corporation

Dana K. Bilyeu, former executive officer of the Public Employees’ Retirement System of Nevada

David Crane, Stanford University, former special advisor to California Governor Arnold Schwarzenegger

Malcolm Hamilton, FSA, FCIA, retired, former partner with Mercer; Senior Fellow, C. D. Howe Institute

Laurence Msall, president, The Civic Federation, Chicago, Ill.

Mike Musuraca, managing director, Blue Wolf Capital Partners LLC; former designated trustee to the New York City Employees Retirement System

Bob North, FSA, FSPA, FCA, MAAA, EA, chief actuary, New York City Retirement Systems
Richard Ravitch, co-chair, State Budget Crisis Task Force; former lieutenant governor of the State of New York

Larry D. Zimpleman, FSA, MAAA, chairman, president and CEO, Principal Financial Group

© 2014 RIJ Publishing LLC. All rights reserved.

LIMRA: Annuity sales strongest in 11 years

Annuity sales soared 17% in the fourth quarter, reaching $61.9 billion. It was the largest quarterly percentage increase in 11 years, according to LIMRA Secure Retirement Institute.

Overall for 2013, annuity sales were $230.1 billion, a 5% increase over 2012.

Indexed annuity sales set a new quarterly record of $11.9 billion, an increase of $1.7 billion from the third quarter. For 2013, indexed annuity sales totaled $39.3 billion, up 16% over 2012.

Other significant increases:

  • Overall fixed annuity sales reached $25.6 billion in the fourth quarter of 2013. It was the highest sales total since the second quarter of 2009, up 45% over the fourth quarter of 2012. Total fixed annuities sales grew 17% in 2013, to $84.8 billion.
  • Fixed-rate annuity sales earned $8.5 billion in the fourth quarter. For the year, fixed-rate annuities grew 19% to $29.3 billion.
  • Variable annuity sales grew 4% in the fourth quarter, to $36.3 billion. 
  • Deferred income annuity sales reached $710 million in the fourth quarter, up 82% from the fourth quarter of 2012. In 2013, DIA sales reached $2.2 billion, more than double (113%) 2012 results.

LIMRA attributed the overall growth to improved interest rates, product innovation and organic growth in the banking and broker-dealer channels.

© 2014 RIJ Publishing LLC. All rights reserved.

Prudential’s New Edge: Dynamic Rate-Setting

Our February 13 report on the new 3.0 version of Prudential’s Highest Daily variable annuity income rider failed to reveal the critical role played by Prudential’s relatively new “dynamic rate-setting” process. Annuity issuers seem to applaud this development; broker-dealers, not so much.

We had never heard of dynamic rate-setting. But in a conversation with RIJ last week, Bruce Ferris, the head of sales, distribution product management and marketing for Prudential Annuities, explained.

Dynamic rate-setting means Prudential can tweak the rider’s payout rates and roll-up rates as frequently as every month, if necessary, Ferris said. In the past, the insurer needed nine months or so to change certain rates. (There can be no retroactive rate changes, he noted. New rates affect only contracts issued after each change.)

This kind of flexibility is valuable. It narrows the product’s window of exposure to interest rate volatility to just 30 days. With less risk exposure, the carrier can afford to strengthen the benefit. Indeed, because of dynamic rate setting, Prudential was able to raise the new rider’s annual payout rate to a more competitive 5.0% at age 65 for single contracts, from 4.5% in the 2.1 version of HD.

(The new contract has additional risk management measures. It requires at least a 10% allocation to a fixed return account, and the entire portfolio is still subject to Prudential’s risk management algorithm, which automatically shifts money in or out of equities when equity prices rise or fall, respectively.)

Ferris said the shift in strategy required infrastructure modifications, but not regulatory or legal changes. Some of those modifications were internal, others between the carrier and broker/dealers. With annuities, “the essential element of speed to market is speed to the broker/dealers,” observed Joan Boros, a securities and insurance attorney in Washington, D.C.

‘Sweet spot’

“We didn’t change our fees, our step-up frequency, our minimum issue age and, at introduction, our roll-up rate. We merely introduced the same rate-setting process that we used for our PDI (Prudential Deferred Income) product,” Ferris said. “This allowed us, at launch, to raise the withdrawal rates at age 65 to the sweet spot of 5% level for single and 4.5% for spousal contracts. It lets us control our interest rate risk.”

PDI is the company’s entry in the three-year-old, $2.2 billion deferred income annuity (DIA) market, currently dominated by New York Life and Northwestern Mutual Life. PDI is essentially a portfolio of bonds with a guaranteed lifetime withdrawal benefit attached.

“We developed PDI with the idea of creating a dynamic rate-setting ability for it. The need to do that was a function not just of the volatility but also the absolute value of interest rates. We had been living in an environment where rates of 5% to 6% were normal. Then they dropped to 1.45%,” Ferris said.

“That was new. It caused us to rethink our infrastructure and our product design for PDI. The original PDI roll-up and withdrawal rates were 6% and 6%, and even though interest rates pulled back later, we could afford to pull back our roll-up and withdrawal rates to only 5.9%. Without dynamic rate-setting, we would have needed to make a larger reduction.

“Now we’re doing the same thing with the variable annuity as with the PDI. That’s good news for the marketplace and for the consumer. It lets us be sustainable over the long-term,” he added.

Prudential’s new procedure is noted in the latest contract prospectus, dated February 10, 2014.  A cover sheet announces that “This Rate Sheet Supplement Prospectus” supersedes all previous supplements. It makes clear that the current 5% roll-up and 5% payout rates for singles ages 65 to 84 apply only to applications signed between February 10 and March 14, 2014.

On page 44 of the prospectus, there’s a further disclosure that, for people who sign a contract now but elect the income rider later, “the Withdrawal Percentages and Roll-Up Rate applicable to your optional living benefit will be those in effect at the time you elect the optional living benefit, which may be different than the Withdrawal Percentages and Roll-Up Rate available at the time your Annuity is issued.”

Ferris said he expects other annuity issuers to adopt dynamic rate-setting, if they haven’t already. But, while others know about it, they haven’t necessarily begun to use it. At Lincoln Financial, which competes with Prudential in the VA space, a spokesman told RIJ, “We’re aware of Prudential’s approach. But we can’t provide input on Lincoln’s future plans.”

An executive at a major mutual life insurer told RIJ in an e-mail, “I am aware of what Pru did and I think it makes great sense. The cost of providing the guarantees can fluctuate considerably. If manufacturers can be more dynamic in reacting to changing conditions they don’t have to set prices as conservatively. That should benefit investors. I agree it will be a more widely adopted practice.”

“I’m not hearing any specifics about whether other companies will offer similar features,” said a Washington, D.C. attorney who counsels life insurers. “To the extent it represents a product evolution that is financially attractive to both carriers and customers, it would be logical to assume that other carriers will consider offering something similar.”

But not everyone is cheering dynamic rate-setting. One broker-dealer executive told RIJ in an e-mail, “I can certainly understand why they want to do this, but I hope it doesn’t become a trend. It creates some operations issues for the broker/dealers. 

“First, there needs to be a process to lock in the current rates prior to them changing. We do this for fixed and indexed annuities (when rates and caps change) now and we have had to do it with VAs when they change their product. But it’s never been a regular thing on the VA side. 

“Next you have to make sure the advisers know what the current rates are. Again, this is not different from what we do for fixed and indexed products, but it’s new for VAs. Finally, several broker/dealers have tools that calculate the guaranteed minimum income from all of the VA riders they offer. Something has to update this tool every time Prudential changes rates. None of this in itself is a big deal, but it’s just one more headache.”

© 2014 RIJ Publishing LLC. All rights reserved.

Prudential’s New Edge: Dynamic Rate-Setting

Our February 13 report on the new 3.0 version of Prudential’s Highest Daily variable annuity income rider failed to reveal the story within the story: the role of Prudential’s “dynamic rate-setting” process.  

In a conversation with RIJ last week, Bruce Ferris, the head of sales, distribution product management and marketing for Prudential Annuities, explained what dynamic rate-setting means.

It means Prudential can tweak the rider’s payout rates and roll-up rates as frequently as every month if it needs to. In the past, it needed nine months or so to file a new prospectus and wait for approval before changing those rates. There can be no retroactive changes, Ferris noted. The new rates affect only contracts issued after the change. 

This new flexibility narrows the product’s window of exposure to interest rate volatility to 30 days. Ferris characterized the change as requiring infrastructure modifications, internally and at the broker/dealer level, rather than a regulatory or legal change.

With less risk exposure, the carrier can afford to strengthen the benefit. Indeed, because of dynamic rate setting, Prudential was able to raise the new rider’s annual payout rate to 5.0% at age 65 for single contracts, from 4.5% for the previous version. (The new contract does require at least a 10% allocation to a fixed return account, as a further risk-reduction measure, and the entire portfolio is still subject to Prudential’s risk management algorithm, which automatically shifts money in or out of equities when equity prices rise or fall, respectively.)

‘Sweet spot’

“We didn’t change our fees, our step-up frequency, our minimum issue age and, at introduction, our roll-up rate. We merely introduced the same rate-setting process that we used for our PDI (Prudential Deferred Income) product,” Ferris said.

“This allowed us, at launch, to raise the withdrawal rates at age 65 to the sweet spot of 5% level for single and 4.5% for spousal contracts. It lets us control our interest rate risk.”

PDI is the company’s entry in the three-year-old, $2.2 billion deferred income annuity (DIA) market, currently dominated by New York Life and Northwestern Mutual Life. PDI is essentially a portfolio of bonds with a guaranteed lifetime withdrawal benefit attached.

“We developed PDI with the idea of creating a dynamic rate-setting ability. The need to do that was a function of not just the volatility but also the absolute value of interest rates. We had been living in an environment where 5% to 6% was normal. Then it dropped to 1.45%,” Ferris said.

“That was new. It caused us to rethink our infrastructure and our product design. That’s what we did with PDI. The original roll-up and withdrawal rates were 6% and 6%, and even though rates pulled back later, we could afford to pull back to only 5.9%. Now we’re doing the same thing with the variable annuity as with the PDI. The good news for the marketplace and for the consumer, is that this lets us be sustainable over the long-term,” he added.

Ferris expected other annuity issuers to adopt dynamic rate-setting, if they haven’t already. At Lincoln Financial, which competes with Prudential in the VA space, a spokesman told RIJ, “We’re aware of Prudential’s approach. But we can provide input on Lincoln’s future plans.”

An executive at a major mutual life insurer told RIJ in an e-mail, “I am aware of what Pru did and I think it makes great sense. The cost of providing the guarantees can fluctuate considerably. If manufacturers can be more dynamic in reacting to changing conditions they don’t have to set prices as conservatively. That should benefit investors. I like it. I agree it will be a more widely adopted practice.”

“I’m not hearing any specifics about whether other companies will offer similar features,” said a Washington, D.C. attorney who counsels life insurers. “To the extent it represents a product evolution that is financially attractive to both carriers and customers, it would be logical to assume that other carriers will consider offering something similar.”

© 2014 RIJ Publishing LLC. All rights reserved.