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White House Tweaks Senate Health Care Bill

The Obama Administration added its own recommendations for health care legislation this week. The new proposal “reflects policies from the House-passed bill and the President’s priorities” and includes “a targeted set of changes” to the Senate-passed Patient Protection and Affordable Care Act, according to a White House release.

Key changes to the Senate health care bill include:

  • Eliminating the Nebraska FMAP (Federal Medical Assistance Percentage) provision and providing significant additional Federal financing to all States for the expansion of Medicaid. The Nebraska provision gave special financial assistance to Nebraska, and was widely seen as a quid pro quo for Nebraska Sen. Ben Nelson’s vote in favor of the Senate bill.
  • Closing the Medicare prescription drug “donut hole” coverage gap. The so-called donut hole was a provision in the Bush drug plan that reduced the overall cost of the plan but dramatically increased the cost of prescriptions for people with drug expenses within a certain dollar range.
  • Strengthening the Senate bill’s provisions that make insurance affordable for individuals and families. These provisions would provide public subsidies for the purchase of private health insurance coverage and are intended to reduce the numbers of uninsured Americans, estimated at 31 million people.
  • Strengthening the provisions to fight fraud, waste, and abuse in Medicare and Medicaid. An estimated $60 billion of the $470 billion spent on Medicare last year was lost to waste, fraud or abuse.
  • Increasing the threshold for the excise tax on the premiums of the most expensive health plans from $23,000 for a family plan to $27,500 and starting it in 2018 for all plans. This is the “Cadillac plan” tax, a 40% assessment on high cost insurance plans.
  • Improving insurance protections for consumers and creating a new Health Insurance Rate Authority to provide Federal assistance and oversight to States in conducting reviews of unreasonable rate increases and other unfair practices of insurance plans.

Like the existing House bill, the White House said its proposal would:

  • Set up a new competitive health insurance market giving tens of millions of Americans the same insurance choices that members of Congress will have.
  • End discrimination against Americans with pre-existing conditions.
  • Reduce the federal budget deficit by $100 billion over the next ten years—and about $1 trillion over the second decade—by cutting government overspending and reining in waste, fraud and abuse.

© 2010 RIJ Publishing. All rights reserved.

A Regulatory Nudge Is Needed

Paul Volcker’s proposal that proprietary trading should be spun off from deposit-taking banks is a worthwhile step in the direction of stabilizing the financial services business.

However, when you consider that business in detail, it becomes clear that further breakups are necessary in order to remove the excessive risks from the U.S. economic system.

There are three problems with the current setup on Wall Street: systemic risk, rent seeking and conflicts of interest. The Volcker proposal addresses the systemic risk problem to a great extent, but does not do much about the other two. For a complete solution, we thus need to go further.

Systemic risk

When Treasury Secretary Larry Summers and former Senator Phil Gramm (R-Texas), among others, pushed through repeal of the Glass-Steagall Act in 1999, they didn’t give proper thought to the dangers of institutions funding a traders’ casino with guaranteed deposits.

The introduction of Glass-Steagall in 1934 had been highly damaging to the economy, because it decapitalized the investment banks, killing off the capital markets for the remainder of the 1930s and playing a major role in prolonging the Great Depression.

Advertisement However, by 1999, the investment banks were more than adequately capitalized (provided they followed sound principles of risk management and leverage, which of course they increasingly didn’t). Thus, the rationale for allowing commercial banking and investment banking to be combined was shaky at best.

It should have caused further doubt that the trigger for Glass-Steagall repeal was the acquisition of the investment bank Salomon Brothers by Citigroup, itself a quagmire of conflicts of interest that had been bailed out from bankruptcy only eight years before.

However, restoring Glass-Steagall as it was would achieve nothing. After all, the two most serious failures of risk management in the 2008 crash were collateralized debt obligations, involving a mortgage bond market in which commercial banks’ securitization operations have always been active, and credit default swaps, a product in which commercial banks were intimately involved from the first.

Conventional underwriting of corporate debt and equity securities, the activity prohibited to commercial banks by Glass-Steagall, was not the problem, as it might have been had the crash occurred with the bursting of the 1999 dot-com bubble. The principal risks involved in finance today are those incurred by traders, but those proliferate in both types of banking.

It’s not clear how Volcker’s ban on proprietary trading in banks benefiting from deposit insurance would work. Every bank foreign exchange desk and money desk trades on the bank’s own account in almost every transaction it makes (relatively few transactions are pure brokerage between two counterparties.)

Thus, however simple the bank’s operations, it cannot avoid “proprietary trading.” Of course you can ban separate “prop trading” desks, but in a naughty world that would drive the proprietary traders to integrate themselves into the operations of the various products concerned, thus negating the effect of the legislation.

The other problem with the Volcker proposal is that even without separate proprietary trading operations, the banks are undertaking risks which they don’t manage properly. Wall Street risk management systems are based on assumptions of Gaussian randomness in markets that are demonstrably far from realistic.

In particular, Wall Street risk management systems understate the risk of several highly risky products such as collateralized debt obligations and credit default swaps. This understatement is in the interest of bank management, which benefits from state bailouts when it all goes wrong. It is even more in the interest of traders, who by and large make the most money from trading the riskiest instruments, and hence welcome artificially large position limits for those instruments.

Since current Wall Street risk management methods are in the interest of those who work on Wall Street, they will not be changed except by regulatory means. Before their alteration they will, even without proprietary trading, leave the Wall Street behemoths in continual danger of explosion.

Rent-seeking

Rent-seeking is another current problem of Wall Street, not addressed by Volcker. This takes many forms, and has resulted from computerization and from the endless proliferation of derivative instruments.

Basically, Wall Street houses, by their substantial market share in trading businesses, acquire insider information about money flows, and then profit by trading on this information. Traders have always done this, of course, and there is no sensible way of making it illegal.

In addition, genuine “crony capitalism” insider information about future finances and future government actions is as available as it always has been, but with larger trading volumes and fewer inhibitions is more usable without technically contravening insider treading legislation.

Thus insider trading, almost all of it technically legal, has acquired an enormously magnified profit potential. This is the principal reason for Wall Street’s greater share of the economy; the genuine value added to third parties from “hedging” or “liquidity” is only a tiny fraction of the rents Wall Street can extract from these markets.

There is no complete solution to this problem, but the best palliative is a “Tobin tax,” a modest ad valorem transaction tax on each trade. By this means, the profitability of “high speed trading” would be eliminated and many of the other insider trading strategies would be reduced in scope and profitability, particularly if the tax were levied on the nominal principal amount of a derivative and not on its theoretical value.

This would in turn swing the power base within Wall Street away from traders and back towards bankers and corporate financiers, whose approach to life is more conducive to maximizing those houses’ genuine economic value added.

Conflicts of interest

The final problem in the Wall Street behemoths, that of conflicts of interest, requires no legislative solution, at least as far as the corporate customers are concerned, but only that the financing business remain adequately competitive.

With behemoths doing corporate financing transactions, any of their customers is faced with huge conflicts in dealing with them. Wall Street pretends to operate internal “Chinese walls” through which sensitive information does not penetrate, but to rely on those is to put yourself entirely under the protection of Wall Street’s ethical integrity, a security currently trading at a very substantial discount.

The solution to these conflicts of interest is “single capacity,” the system under which the City of London acted until the passage of the Financial Services Act of 1986, surely among the most misguided legislation in human history.

Under this system brokers, who sold securities, were kept separate from jobbers, who made markets in them. Both were separate from merchant bankers who arranged financings and carried out mergers and acquisition transactions. When an underwriting took place, the merchant bank arranged the transaction and the brokers sold the underwriting to insurance companies and other large investment institutions, who earned additional income by backstopping deals in this way.

“Proprietary trading” was undertaken by investment trusts, pools of money whose business was to maximize income for their investors, in a similar way to a U.S. hedge fund. As for banking, that was done by the merchant banks if complicated, but the high volume simple transactions were carried out by the clearing banks, home of the nation’s retail deposits but not known for their intellectual heavy lifting.

It worked beautifully, just as well as the modern system, indeed better. It cost far less, in terms of the wealth it extracted from the economy. It was much less risky. And there were few conflicts of interest; each participant in the business, having only one function and capability, was devoted to its own interest rather than torn between the interests of several participants in every transaction.

This system is to some extent returning anyway, with the increasing market share of “boutique” investment banks such as Greenhill & Co. and Evercore Partners, which at least have fewer conflicts of interest than the behemoths. However, a regulatory “nudge” or two would be no bad thing.

As I said, Volcker had a good idea, but he did not go nearly far enough.

© The Prudent Bear. A longer version of this article appeared at atimes.com.

 

The Exploitation of Sherry Pratt

Sherry Lynn Pratt, a quadriplegic 38-year-old African-American woman, was a bed-ridden patient in a Chicago nursing home when, in December 2007, her forsaken life became the only thing standing between a group of “investors” and some $9.1 million in annuity death benefits.

Pratt died destitute in February 2008 of complications from neglected decubitus ulcers, or bedsores. But not before she served as the unwitting pawn in what her family’s lawyers describe as a multi-state conspiracy that also targeted at least six of the nation’s largest insurers.

Like the widely-reported lawsuits filed against attorney Joseph Caramadre and others in Providence, RI, by Western Reserve Life and Transamerica Life, the lawsuits that are filed or about to be filed in Illinois on behalf of Sherry Pratt’s family also involve “stranger-originated annuity transactions,” or STATs.

Advertisement Interviews with or documents provided by the Pratt family’s attorneys, Robert Auler of Urbana, Ill., and Peter C. King of Columbus, Ind., claim that, through offers of what amounted to small finder’s fees, representatives of a Daniel Zeidman of Long Island, NY, and the Esther Zeidman estate, procured Sherry Pratt’s signature on several annuity contracts during the winter of 2007-2008.

Pratt was the named the contracts’ annuitant, on whose life expectancy future annuity payments would be calculated and on whose death, if prior to annuitization, a death benefit would be paid to a designated beneficiary.

Others acting for Zeidman were said to be Menachem (Mark) Berger of Patient Financial Services, Abraham Gottesman and Akiva Greenfield. They allegedly approached a Chicago woman named Debra Flowers in October 2007 and enlisted her help, for compensation, in finding terminally ill nursing home patients.

Through a relative of Ms. Pratt, Ms. Flowers obtained Ms. Pratt’s signature, Social Security number, and other personal information, and sent it to people and companies identified as Richard Horowitz and Mark Firestone of Management Brokers Insurance Company, Beverly Hills, Calif., as well as to Global Risk Management LLC, CZ Planning Group, U.S. Planning Group, AM Consulting Inc., Marc Cohen, Abraham Gottesman, Asher Greenfield and Akiva Greenfield.

In due course, Daniel Zeidman and the Esther Zeidman estate of Boca Raton, Fl., purchased a number of variable annuity contracts using what was purported to be Sherry Pratt’s signature.

According to attorneys Auler and King, Zeidman invested $975,000 in a MetLife annuity, $950,000 in a New York Life annuity, $2.95 million in an ING USA annuity, $1.9 million in a Sun Life annuity, $1.875 million in a Genworth Life annuity, and $494,000 in an annuity issued by The Hartford.

[Given deadline pressures, RIJ was unable to seek or obtain confirmation from those six companies or from the other parties named here but instead relied on documentation from attorneys Auler and King. As a rule, companies do not comment on pending litigation. Attempts by telephone and e-mail to contact Daniel Zeidman and his attorney were unsuccessful.]

In late 2009, relatives of Sherry Pratt became aware of the contracts and contacted the insurance companies involved. In January 2009, MetLife filed a lawsuit in U.S. District Court, Eastern District of New York, indicating that it rescinded Zeidman’s contract and asking the court to decide whether it should return the $975,000 premium to Sherry Pratt’s family or to Daniel Zeidman.

On behalf of the Pratt survivors, Auler has sued the Southshore Nursing and Rehabilitation Center of Chicago for neglect in the death of Ms. Pratt. He told RIJ that he believes that she “was allowed to die” prematurely of horrific and untreated bedsores for reasons not unconnected with the annuity contracts purchased in her name.

According to Auler, Pratt told a relative, “These people are trying to kill me,” in reference to the failure by nursing home staff to treat her skin ulcers.

Under a little-used Illinois statute protecting individuals from the improper exploitation of their identify, Auler and King say they intend to ask the courts to turn the $9.1 million in annuity premiums over to Sherry Pratt’s survivors, as recompense for the  misuse of her identity, and not to return it to Daniel Zeidman.

“Because Sherry Lynn Pratt or her estate is the only innocent or blameless party who has had no benefit whatsoever, and in equity, instead of refunding the money to any of the other parties, equity should direct it to the estate of Sherry Lynn Pratt,” wrote attorney Auler, “not only because she deserved it for the use of her last remaining thing of value, her name and persona, but to discourage this type of transaction in the future, in that perpetrators would stand to lose the funds they cynically ‘invested’ in harvesting the rapidly vanishing lives of dying and innocent patients.”

In late February 2009, the Zeidman Trust’s attorney, Gary Guzzi of the Florida law firm of Akkerman Senterfitt, filed a response to MetLife’s suit, asking that the $975,000 be returned to the Zeidmans.

© 2010 RIJ Publishing. All rights reserved.

Plan Sponsor Barriers to In-Plan Annuities

Plan Sponsor Barriers to
In-Plan Annuities
48% >>No barriers; not interested now
45% >>Wait to see how industry develops
28% >>Concern over fiduciary exposure
24% >>Employee usage too small to justify
23% >>Communication hurdles
17% >>Difficulty in selecting provider
14% >>Cost to set up and maintain
10% >>Potential operational difficulties
 7 % >>Accumulation focus, not income

Source: “Hot Topics in Retirement 2010,” Hewitt Associates. Based on survey of 160 employers.

Stellar 2008 Makes for Dismal 2009 in Bank Annuity Sales

In November, total annuity sales at banks dropped below the $3 billion mark for the first time since February 2007 and remained there through December, according to the Kehrer-LIMRA Monthly Bank Annuity Sales Survey.

“There have been only two times in the last five years where we have seen bank channel total annuity sales this low,” said Janet Cappelletti, associate research director at Kehrer-LIMRA.

Financial institutions sold $2.7 billion of fixed and variable annuities in November, a reduction of 23% month-to-month, and 37% year-over-year.  In December, banks sold just slightly more—$2.8 billion—or about half of the $5.4 billion in sales recorded in December of 2008. 

Total annuity sales were pulled lower by faltering fixed annuity sales, which trended downward nearly every month of 2009.

The Kehrer-LIMRA survey is based on a national sample of banks that have a minimum of $4 billion in assets. The participating institutions account for about one-third of all bank annuity sales.

Fixed Annuity Sales

Sales of fixed annuities through financial institutions fell below $2 billion in November 2009 for the first time since January of 2008. Banks sold $1.7 billion of fixed annuities in November, a 32% erosion from October and a 47% collapse from the previous November.

Fixed annuity sales through banks in November 2009 were 51% below where they started the year at $3.5 billion. In December, fixed annuity sales slipped an additional 6%, ending the year at $1.6 billion, 63% below the record high of $4.3 billion set in December of the previous year.

“Since the all-time high in December 2008, fixed annuity sales have declined consistently through 2009, and variable annuity sales have not stepped up to take their place as they normally would” said Scott Stathis, managing director of Kehrer-LIMRA. “Instead mutual funds sales, which are less profitable to banks, have ramped up.”

“Fixed annuities have been rate-challenged, and variable annuities have increased in cost while the value of their benefits has decreased. This makes for a very challenging annuity sales environment,” he added.

Fixed annuities continue to lose their appeal as providers pull back on interest rates. The average effective rate on five-year fixed annuities eroded by 45% since December of 2008, but five-year CD rates slipped comparatively less-34% in the same period.

According to the Kehrer-LIMRA Bank Fixed Annuity RateWatch, the spread between the yield on five-year CDs and the average effective yield offered by fixed annuities guaranteed for five years dropped from 111 basis points in December 2008 to 24 basis points in December 2009.

“Fixed annuity sales accounted for only about a quarter of packaged product sales at financial institutions in November 2009 compared to more than half the sales mix a year ago,” Cappelletti said. “The vanishing spread on the five year products between the effective yield on fixed annuities and CD rates represents diminished opportunities for bank investment programs.”

Variable Annuity Sales

Bank-sold variable annuities continued to tread water at $1.0 billion in November, just short of the $1.1 billion level they were flat for most of the year. After bottoming out in the beginning of the year at $0.7 billion, variable annuity sales had been running at $1.1 billion a month from March through September. 

In December, however, variable annuity production shot up 20% to $1.2 billion, back to the levels last seen in October of 2008.  Compared to January 2009’s record low sales, December was up 71% for the year, but improved only 9% from December of the previous year.

Banks sold $1.70 in fixed annuities for every dollar of variable annuities in November, and the ratio sunk to $1.33 to one in December.  These ratios are considerably lower than the January 2009 high of $5.00 to one, and much closer to figures from March of 2008 when the ratio was at $1.55 to one, after which fixed annuity sales began to pick up steam.

Mutual Fund Sales

Since August of 2009 mutual funds have consistently accounted for more than half of the bank sales mix. This had not been the case since June of 2008. Sales of mutual funds have more than doubled since January of 2009.

Bank mutual fund sales in November cooled after several increases in 2009, backing down 14% from a robust October.  In November, banks sold $4.4 billion in mutual funds, making a significant recovery from the prior November when mutual fund sales hit their low point at $2 billion.

In December, bank mutual fund sales rallied 15% to $5.1 billion to match October’s banner productivity.  Mutual fund sales at financial institutions closed the year 143% higher than the $2.1 billion they began at in January.

Mutual fund recovery outpaced variable annuities and accounted for 62% and 64% of packaged product sales at banks in November and December, respectively.  Mutual fund sales mix had not been that high since June of 2007.

© 2010 RIJ Publishing. All rights reserved.

Correction

In the February 10, 2010 issue of Retirement Income Journal, we erred in reporting that “When a husband in a retired couple (both at least age 62) dies, his widow’s Social Security benefit, if lower, rises to match his own.”

According to Steven Sass, director of Boston College’s Center for Financial Literacy and co-author of The Social Security Claiming Guide, the surviving spouse’s benefit doesn’t always match the benefit of the deceased spouse.

Under current regulations, he said, “The survivor benefit is reduced if the survivor claims the benefit before her Full Retirement Age, though she’s guaranteed 71.5% of her husband’s Full Retirement Age benefit.  If the survivor claims the benefit after her Full Retirement Age, she’s guaranteed at least 82.5% of her husband’s Full Retirement Age benefit.”

© 2010 RIJ Publishing. All rights reserved.

Penn Mutual Enriches Income Benefit Without Raising Fees

Penn Mutual Life Insurance Company announced that it is increasing the accumulation and withdrawal benefits in one of its variable annuity lifetime income guarantee benefit riders. 

The Horsham, Pa., company said its Growth and Income Advantage Benefit rider now has a 6% guaranteed accumulation rate for the withdrawal benefit base, up from 4%. The company also increased the rider’s maximum annual withdrawal percentage to 5%, up from 4%.

In addition, the company’s Purchasing Power Protector rider, which adjusts with changes in the U.S. Consumer Price Index, will now vary the withdrawal percentage based on the insured’s age at first withdrawal.

Annual withdrawals that begin before age 64½ are limited to 4% of the withdrawal base. Withdrawals that begin on or after that age can be 5% of the withdrawal base.  Current rider charges or other benefits currently offered under each rider will not change, the insurer said.

The changes “provide clients with improved accumulation potential and secure withdrawal rates to assure our products keep pace with our clients’ needs through every life stage,” said Ray Caucci, vice president, product management.

© 2010 RIJ Publishing. All rights reserved.

Few Advisors Confident of Own Business Strategy: Curian Capital

While two out of three financial advisors define their 2010 business mindset as one of “acceleration and growth,” only one in 100 feels his or her business strategy is sound, according to a Curian Capital LLC survey of more than 1,800 independent financial advisors associated with 150 broker-dealers.

The survey, conducted last November, is titled “2010 Outlook for Advisor Priorities.” Curian, a unit of Jackson National Life Insurance Company, provides a fee-based managed account platform for financial professionals, and also offers practice management, business development and educational support for advisors.

Among the findings:

  • 88% of advisors feel investor emotions impacted their ability to manage clients’ portfolios and led them to increase the frequency and duration of their client meetings.
  • Only 10% of respondents feel their business strategy is currently sound, while a third know their business model needs to change but are uncertain how.
  • Most respondents feel that marketing, cross-selling and business plan development are valuable forms of support that can help them achieve growth.
  • 78% of respondents have changed the way they interact with clients during the past year.
  • More than half of advisors report that their clients have modified their expectations of retirement lifestyle or plan to delay retirement.
  • More than half of respondents have adopted a more tactical approach to portfolio construction in response to client demand for more conservative investments and guaranteed income.
  • 56% have a strategic plan in place to grow their business.

“Most advisors responding to our survey indicate that their clients’ goals and priorities have changed dramatically since the downturn, said Chris Rosato, senior vice president of strategic development for Curian Capital.

“As a result, advisors have had to make a fundamental shift in their approach to portfolio construction, client interaction and practice management,” he added. “The advisors who recognize the need for change and seek out new solutions for meeting their clients’ needs will be the most successful in the coming year.”

Curian distributed its 2010 Advisor Outlook Survey to independent advisors via e-mail in November 2009. Results were collected via Zoomerang, and 150 broker-dealers are represented among the 1,804 respondents. 

© 2010 RIJ Publishing. All rights reserved.

AllianceBernstein Adds “Volatility Management” To Target-Date Funds

In early April 2010, AllianceBernstein will add a “Volatility Management” component to its Retirement Strategies target-date mutual funds. The new component is designed to reduce the market risk of the funds during periods of extreme volatility.

“This enhancement is the result of a multi-year firm-wide research effort, which created new tools we believe can be applied to ‘smooth the ride’ and improve retirement outcomes for defined contribution plan participants,” said Seth J. Masters, chief investment officer of blend strategies and defined contribution at AllianceBernstein.

AllianceBernstein said it would allocate up to 20% of its existing Retirement Strategies target-date funds into the new Volatility Management component, with the allocation varying by “vintage.”

The component will invest in a mix of equities and REITs in normal markets but will have the ability “to dynamically de-risk into bonds and cash when it’s appropriate” to reduce overall portfolio risk.

The Volatility Management component will replace a portion of the equities and REITs so the long-term strategic allocation does not change following the introduction of this component into the Retirement Strategies funds.

An institutional implementation of Volatility Management will be available in the second quarter of 2010 for use in customized target-date portfolios, including AllianceBernstein’s Customized Retirement Strategies service for large-market defined contribution plans.

The new approach “differs from traditional tactical asset allocation which focuses primarily on predicting asset-class returns and attempting to time the market to take advantage of short-term opportunities to enhance returns,” the company said in a release.

“Target-date funds naturally reduce the volatility in a portfolio by reducing the exposure to equities over time as an investor approaches and moves through retirement. With Volatility Management, we can now more explicitly manage risk in target-date portfolios,” says Thomas J. Fontaine, head of Defined Contribution at AllianceBernstein.

“We believe our new risk management tools will allow us to adjust portfolios during extreme market cycles such as the recent credit crunch, moderating short-term negative performance-but importantly, without sacrificing long-term return potential.”

© 2010 RIJ Publishing. All rights reserved.

Robin Hood or Just Robbin’?

While Western Reserve Life describes his client’s “stranger-originated annuity transactions” as fraud, attorney Robert Flanders, a Harvard Law graduate and former Rhode Island Supreme Court Justice, says that Joseph Caramadre merely took fair advantage of a tempting loophole in certain variable annuity contracts.

“There’s nothing new here,” Flanders told RIJ. “He’s been doing these kinds of investments for 15 years. In some cases he invested on his own account. Or he invested for others.” (See this week’s cover story, “In League with the Angel of Death.”)

In fact, he described his client’s actions as a form of rough justice, noting that companies like Western Reserve, a unit of Aegon NV, knowingly offer non-underwritten, generously-enhanced death benefits to maximize annuity sales to the rich and elderly.

And STATs don’t hurt the terminally ill people who serve as annuitants, he said. They or their families receive cash they could not otherwise have obtained. Caramadre placed local ads in Providence offering money to the terminally ill. More than 110 people answered the ads and received $2,000 each, Flanders said. Of those, 44 eventually signed annuity contracts.

Although the annuity purchases that Caramadre arranged overlapped in time with the financial crisis, and despite the fact that STATs can provide a form of investment insurance by guaranteeing premiums, the crisis had nothing to do with Caramadre’s activities, Flanders told RIJ. “It just so happens that there was a financial crisis. That created a situation where the insurance companies had to pony up. Once they had to make good on the guarantees, they were incentivized into claiming there was fraud.”

Advertisement “The thing to understand is that some insurance companies make a conscious decision not to include the kinds of restrictions that would prevent [STATs] to capture market share. Some insurers do require minimum holding periods, or insurable interests or relationships between the annuitant and beneficiary. But there are certain types of products issued by certain insurers where there are no such restrictions,” Flanders added.

Caramadre’s “service was to read through the fine print, to find the right products and steer his clients to the ones that permitted this,” he maintained.

“This is a business decision made by insurers to capture market share. If you put in restrictions such as requiring health tests, you shrink the market. It’s a conscious decision to capture premium. These products are marketed mostly to elderly retired people with short life expectancies. So there’s obviously some risk-taking going on by the issuers. So how can they cry crocodile tears?”

A few members of the public—at least in Providence, R.I., a 375-year-old city as famous for its history of organized crime activity as for prestigious Brown University and the Rhode Island School of Design—appear to agree with Flanders’ portrayal of Caramadre as a modern Robin Hood.

“This man aided the terminally ill people and their families, and took nothing from them,” someone wrote on WJAR-TV’s website after the Providence NBC affiliate broke the Caramadre story last fall. “Far from taking advantage of them, he helped them get money they otherwise had no access to.

“As for the insurance companies, he outsmarted them and took advantage of a loophole (assuming there was no forgery). As a financial planner, I am all too keenly aware of the sales process and features of annuity products which allow insurance companies to legally prey on less informed consumers. Kudos to someone who figured out how to beat them at their own game legally.”

Neither of these sources directed their comments to the issue of whether the licensed representatives who earned commissions on the sale of contracts were aware that the annuitants who were recruited by Caramadre and his associates at Estate Planning Services were terminally ill and that the contracts would exist for only a matter of days, weeks or months at the most.

As for annuity executives who are just now hearing about some of the details of the schemes, they seemed shocked both personally and professionally. “This is so wrong on so many levels, it’s hard to know where to begin,” one insurance executive told RIJ. “It’s harmful to the reputation of financial services. It’s preying on people at the worst possible time.”

He was stunned by the apparent failures of due diligence by the agents or representatives, the supervising broker-dealers, and the insurance companies. But he was most concerned about potential damage to the variable annuity business.

“This is almost like in blackjack, where the card counters can ruin the game for everyone if the casinos don’t throw them out. If professional arbitrageurs can play and prey on the elderly, it could mean the end of these products,” he said.

In a worst case scenario, he said, swindlers might conspire to finance the purchase of variable annuity living benefits by people in their mid-50s, for instance, and then arrange for the commencement of guaranteed lifetime withdrawals immediately after purchase. This type of pre-mediated adverse selection could wreck the financial engineering behind these products and make them impractical for insurers to offer without applying bulky restrictions or raising prices. 

© 2010 RIJ Publishing. All rights reserved.

The Future of Fixed Annuities: A 2020 Vision

The well-known indexed annuity expert, Jack Marrion, president of St. Louis-based Advantage Compendium Ltd., predicts that by 2020 the securities industry will exercise control over the annuity market in the U.S.

In a new report, “Fixed Annuity Distribution In 2020,” he forecasts that Boomer demand for lifetime income guarantees will strengthen, and that the securities industry will attach these benefits to investment vehicles with minimal insurer involvement.

“The securities world will be doing a lot more annuity business,” Marrion told RIJ. “The changes are going to be as big as we saw in the ‘80s.” Such predictions aren’t likely to make him popular, he said, but he believes they’re accurate.

Advertisement The report says Rule 151A (the contested SEC rule written in 2008 that reclassifies indexed annuities as securities), if enacted, will ruin the profitability of any insurance marketing organizations (MOs) that doesn’t own or is affiliated with a securities broker-dealer or advisory firm and therefore won’t be able to collect commissions from the sale of securities.

Three out of four insurance wholesalers don’t have such affiliations, Marrion said. Of the 51 MOs in his study, only six had or were forming their own securities operations. A handful of others, also listed in the study, already have links to securities firms.

The report says in part:

“The next decade for annuity distribution will be unlike any other,” the report says. “Commissions will be lower, regulatory supervision will be ramped up to levels that today’s typical annuity producer cannot imagine, marketing organizations will need to change or die, and the financial markets will continue to be volatile and difficult to forecast.

“And yet more fixed annuities will be purchased in the next ten years than ever before because the fixed annuity value proposition will find a receptive ear in the 57.7 million people that are currently between ages 55 and 75. Fixed annuities, through creative uses of living benefits, will finally be embraced by the financial community and be used to offer protection against the major uncertainties of retirement.

“Wall Street could become the main annuity store for consumers because they have the marketing power, the capital, and they can meet a financial behavioral need best expressed by realizing that we buy both insurance and lottery tickets. Today the ‘insurance need’ in a Wall Street portfolio is met by bonds, but could also be provided with a synthetic annuity attached to an investment.

“A few of the conclusions reached are that 1035 exchanges will significantly decline, securities regulators will essentially supervise the fixed annuity world, and that the largest distributors of fixed annuities in 2020 will be broker-dealers and advisory firms.”

Ten years from now, Marrion predicts:

  • Banks and wirehouses are likely to sell multi-year guaranteed rate annuities (MYGAs) during parts of interest cycles and at all times sell fixed annuities to protect against longevity risk or create an income foundation. Wall Street may create synthetic annuities to perform these functions rather than using off-the-shelf insurance company products.
  • 1035 Exchanges will have declined resulting in lower annuity sales in all distribution channels.
  • Today’s annuity marketing organizations will be rare in 2020 because securities regulators will supervise the fixed annuity world. MOs that offer B/D or RIA capabilities will benefit because they can offer agents someone that “gets them.”
  • MOs without securities connections will find a decreasing pool of annuity agents with which to work and greatly reduced overrides.
  • Private annuities will not be required in pension plans, despite the current buzz in DC. The use of annuities in retirement planning will grow because of government interest, however.
  • There will be a wide variety of fixed annuity guaranteed benefits that go beyond the current lifetime withdrawal riders and LTC/annuity combos.
  • Wirehouses, banks and advisory firms will be the biggest distributors of annuity products, but these annuities will be largely synthetic driven by the investment engine within.
  • Fixed annuity sales, whether traditional or synthetic, will have strongly increased and be many times greater than they were in 2010.
  • A growing number of jobs will be available in the annuity industry for suitability officers, broker/ dealer liaisons, marketing people with behavioral economics backgrounds, and product development specialists.

Advantage Compendium Ltd. provides research and consulting services to insurance companies and financial firms in a variety of annuity areas ranging from the behavioral economic reasons why consumers buy or don’t buy financial products, to carrier and marketing company future industry impact models, as well as providing executive management strategic planning for annuity carriers and distributors.

© 2010 RIJ Publishing. All rights reserved.

Where’s The Alpha?

More than twenty-five years have passed since I completed my CFP curriculum and what strikes me today is the “disconnect” between reality and what I learned in the classroom. What concerns me (and amuses me at times) is that an academic/reality gap persists.

In my youth I noticed a generation gap between my parents and me. It narrowed as time went on. But on the financial frontier, academics continue to create analytical solutions that rarely apply in the human world.

With my CFP I was armed with the tools to create financial plans that spanned my clients’ entire adult lives. I learned about managing debt, funding college educations and ultimately creating enough wealth for a comfortable retirement. And all with tax strategies and insurance safety nets built in.

As a new CFP, I decided to specialize in retirement income planning and have remained in that specialty ever since. With my newly acquired academic credential I was equipped to create elaborate spread sheets that illustrated a variety of monthly expenses and carefully adjusted them for inflation and taxes.

Advertisement I could create tailor-made portfolios consistent with the risk tolerances of my clients. I could analyze any money manager’s results and seek out funds that delivered positive “alpha”—without realizing that investment alpha was virtually impossible if I were compensated along the way. (If 80% of money managers don’t beat their index, then adding another point or so for me pretty much eliminates any “investment” alpha.)

When markets are dropping and portfolios are losing money, very few people are comforted by “alpha.” When the cashflow spreadsheet, so painstakingly detailed, is interrupted by a son who needs $25,000 because he lost his job, my Excel talents are of little use.

Of course we set aside an “emergency fund.” But we never thought we would need one for unexpected unemployment. We planned for our children’s weddings, but not for their divorces. We planned for our children to move out some day, but not to move back in.

Who would have imagined that Bruce’s ex-employer would stop paying for retiree health insurance? Under what circumstances could we have anticipated a pension plan going broke and benefits being reduced to the PBGC limits? Why didn’t I anticipate Sally’s premature death and Hal’s re-marriage to someone 20 years younger? How about Dan and Sarah’s weekend getaway that resulted in the purchase of an illiquid timeshare, or Jim’s aunt who died and left him her royalty income of $50,000 a year.

I find myself saying, or thinking:

This can’t be… It’s not what my spreadsheet projected… We weren’t supposed to need that mutual fund for another 10 years… Whoever thought interest rates would be so low… Your expenses don’t seem to be tracking the national inflation rate… You can’t pull your money out of the market; your risk tolerance answers said you could tolerate this kind of drop… I thought you understood that “guarantees” limit your upside potential… This product would have worked well if the market hadn’t gone up (or down)… Gee, the Monte Carlo analysis said this ROR had a 90% probability of success…

And on and on and on.

Yet every day I read another academic or analytical article on how “best” to provide enduring retirement income, on how to achieve that “exact” allocation of asset classes and “optimal” combination of income riders and model portfolios.

I just laugh to myself and ask, “What really is alpha?” Investopedia defines alpha as “the value that a portfolio manager adds to or subtracts from a fund’s return.” Unfortunately, Investopedia doesn’t add a footnote stating that this “alpha” was achieved in a parallel universe where human conditions do not exist.

Bottom line: There are no one-size-fits-all solutions. No product mix is best for everyone. There is no spreadsheet that can anticipate or project with perfect foresight. The most precise analysis becomes invalid the minute it leaves your office.

I don’t recommend that you stop reading and learning-the academics offer great comic relief. But the question, “Where is the alpha?” can be answered in two words: Review and Adapt. Every strategy you implement must be flexible and changeable. Most single-product strategies are neither.

Wake up, fellow advisors! The elusive “alpha” is you and your relationship with your client. It is your ability to problem-solve, to explain potential consequences and to advise on “life” decisions. R-squares, standard deviations, betas, and Monte Carlos make for fascinating debate, but they are relatively insignificant in the overall success of a retiree’s income strategy.

© 2010 Strategic Distribution Institute,LLC. Used by permission.

 

In League with the Angel of Death

A lawyer in league with the Angel of Death, Joseph Caramadre prospected for variable annuity clients among hospice residents and the gravely ill. He paid sick people or couples as much as $10,000 just to put their name on an annuity contract.

For some 15 years, in fact, the prominent Rhode Island attorney, whose family was named the state’s “First Family of Giving” in 2009 for its generosity to the United Way and other causes, quietly helped initiate dozens of these “stranger-originated annuity transactions,” or STATs.

Joseph Caramadre While hospice patients got checks for a few thousand dollars, Caramadre’s associates earned hundreds of thousands in annuity sales commissions. Thanks to the contracts’ enhanced death benefits, his clients invested risk-free during the days, weeks or months until the annuitant died, and stood to earn guaranteed interest or bonuses.

Now Western Reserve Life and Transamerica Life are trying to recover some of those death benefits and commissions, according to complaints filed in U.S. District Court in Rhode Island since last October in which the two companies charge Caramadre, his employees and various brokers with fraud.

Caramadre’s attorney denies the accusation. “There’s no fraud involved whatsoever,” says Robert Flanders, a former Rhode Island Supreme Court Justice and Harvard Law graduate told Retirement Income Journal. “He’s simply taking advantage of the way these contracts are structured.”

Bizarre as it is, the Caramadre case is not unique. Legal documents obtained by RIJ describe a cluster of MetLife, Sun Life, New York Life, Genworth, and Hartford annuities, involving some $9 million in premiums, purchased by a group based in New York City on the life of a destitute, 38-year-old African-American woman dying in a Chicago nursing home. (See below, and “The Exploitation of Sherry Lynn Pratt.”)

Exploiting enhanced death benefits
More on Western Life and Transamerica’s allegations in a moment. First, a bit of background:

STATs are not to be confused with STOLIs, or stranger-originated life insurance transactions. In STOLIs, investors buy in-force life insurance policies from the elderly or pay elderly, infirm people to buy life insurance and designate the investors as beneficiaries. STATs work a little differently.

Typically, a destitute, isolated and terminally ill person—who may or may not be aware of the nature of the transaction—is located by intermediaries to serve as the annuitant of a contract where an enhanced death benefit rider is elected. A third party—an investor—puts up a large premium and is the owner and designated beneficiary.

Advertisement The strategy takes advantage of the contract’s death benefit, either to insure the beneficiary’s investment against market losses or to take advantage of a death benefit enhancement. “By using terminally ill annuitants with short lifespans, the enhanced death benefits, and aggressive investment strategies, the annuity contract becomes a vehicle for a short-term investment in the equity markets,” one of the lawsuits said, adding that:

“When the annuitant dies (ideally not too long or short after contract formation), the owner/beneficiary locks in any market gains during that period. Should the markets yield losses, the enhanced death benefits guarantee, at a minimum, a return of the investment premium.”

The lawsuits indicated that money can also be laundered by a STAT, because an agent, broker-dealer or insurer may neglect to scrutinize the premium, and soon returns it to the owner in the form of a death benefit check from a reputable insurance company.   

An insurer becomes vulnerable to STATs when, perhaps to seek a competitive advantage, it offers a rich enhanced death benefit and doesn’t specifically prohibit STATs in its prospectus. The “double enhanced death benefits” in the Western Reserve and Transamerica policies, for instance, offered guaranteed 5% and 6% compound interest on the premium as well as annual step-ups to the annuity’s market value.

Investors may also use the death benefit to invest safely in risky assets. The Western Reserve variable annuity contract purchased by several of Caramadre’s clients, Freedom Premium III, offered aggressive investment options. One of its fund providers, Profund Advisors, offered narrow sector funds, “short” funds, a “Falling U.S. Dollar” fund and an “UltraSmall-Cap” fund.

Life insurance companies would be acutely hurt by STATs when a bear market—such as the two we’ve seen in the past decade—puts deferred annuity death benefits deep in the money. Insurer losses on death benefits in the early 2000s were famously steep.

But the fact that the annuitants in these cases were terminally ill with lung cancer and other ailments—people with less than three months to live “automatically qualified” for “the program,” according to Caramadre’s December 2007 ad in the Rhode Island Catholic newspaper—suggests that the policies would be of less use as investment insurance than as ways to generate commissions, earn bonuses, or obscure the sources of premiums.

MetLife and ING
One of the plaintiff’s attorney in the Rhode Island suits told RIJ that he was not aware of other STAT cases in the United States currently. But there are signs that MetLife and ING have also grappled with the STAT issue to some degree.

In January 2009, MetLife Investors filed a suit in U.S. District Court, the eastern district of New York, against Daniel Zeidman and the estate of Sherry Lynn Pratt, a 38-year-old Chicago nursing home patient who was in the annuitant in a MetLife deferred variable annuity with a 6% purchase payment credit that Zeidman bought in February 2008.

From a ‘STAT’ Notice Issued by ING USA Annuity
Appointed producers are prohibited from selling an annuity contract if:

  • In connection with the sale, the contract owner and/or person being utilized as the measuring life of the annuity contract is offered any consideration or inducement, including, but not limited to, cash payments, gifts or “free” or “no cost” insurance in exchange for participating in the transaction.
  • The producer knows, or has reason to know, that the owner or the person being utilized as the measuring life of the contract is terminally ill.
  • The producer knows, or has reason to know, that the true source of premium payments for a contract has not been disclosed.
  • At the time of sale, a plan exists to directly or indirectly sell, assign, settle or otherwise transfer the contract (or the rights to its death benefits), or an ownership or beneficial interest in an entity that will own the contract, to a life settlement company or other third party.

Source: ING Annuity and Life Insurance Company, May 2009.

Zeidman, who provided a $975,000 purchase premium, was named as Pratt’s beneficiary. Pratt, a quadriplegic, died of bedsores within less than a month after the contract was purchased.


In November 2008, an attorney for Pratt’s family, Robert Auler, told MetLife that Ms. Pratt, an arm amputee, could not possibly have signed an annuity contract. Both Daniel Zeidman and Pratt’s family have claimed the $975,000. MetLife, which canceled the contract in January 2009 because of misrepresentations by the purchaser, is asking the court to decide who should receive the nearly $1 million—the Zeidman Estate, or the estate of Sherry Lynn Pratt.

By last spring, at least one other insurer took notice of the STAT issue. In May 2009, the chief compliance officer of ING USA Annuity and Life, Linda Senker, sent a notice to ING’s appointed producers that they would be subject to disciplinary action if they engaged in STAT transactions.

The suits by Transamerica and Western Reserve Life came last fall. They reportedly sparked an investigation by the U.S. Attorney’s office in Providence of Caramadre’s financial practices. Although the U.S. Attorney would not confirm or deny that they opened an investigation, Caramadre attorney Robert Flanders confirmed that he and his client are cooperating with one.

© 2010 RIJ Publishing. All rights reserved.

NewRiver Announces VA Summary Prospectus Index

NewRiver, Inc., the Andover, MA-based creators of a central repository of mutual fund documents and data for financial services firms, now offers a Summary Prospectus Index for Variable Annuities.

Like the NewRiver Summary Prospectus Index, the new tracks and provides an overview of all summary prospectus filings that are part of variable annuity contracts. NewRiver is also offering insurance companies a more detailed version of this index specific to each company’s variable insurance products.

According to the Index, a significant number of documents are being filed well in advance of the customary May 1 filing date. Through January 2010, 78 variable product contracts have at least one sub-account with a summary prospectus document.

Likewise, 168 sub-accounts have summary prospectus documents. However, as individual sub-accounts are often included in multiple contracts, there are a total of 776 sub-fund documents available across all variable annuity contracts so far.

This announcement follows NewRiver’s September, 2009 upgrade of Variable Products Express 2.0, a solution that allows insurance carriers to host their contracts and related fund compliance documents and assures these documents mirror those found on the SEC’s EDGAR system. It allows insurers to provide their customers with all required compliance documents without re-directing the contract owner to the various fund company’s web sites.

© 2010 RIJ Publishing. All rights reserved.

Corporate Insight Announces Monitor Award Winners

Bank of America was the overall winner with 16 Monitor Awards while Fidelity Investments followed with nine “Best of Breed” prizes in the 2009 edition of Corporate Insight’s annual review of the online offerings of more than 70 financial services firms.

Corporate Insight, a New York-based provider of competitive intelligence to the financial services industry, evaluated online offerings such as account information and security, educational content, transactional capabilities in the banking, brokerage, credit card, annuity, mutual fund and mutual fund advisor businesses.

Companies receiving the highest number of Corporate Insight Gold Monitor Awards in their respective award categories were:

  • Advisor Category: American Funds, MFS
  • Annuity Category: John Hancock
  • Bank Category: Bank of America
  • Credit Card Category: Bank of America
  • e-Monitor Category: E*Trade Financial, Fidelity
  • Mutual Fund Category: Fidelity

American Funds and MFS received the greatest number of overall Mutual Fund Advisor Awards. BlackRock, Capital One and SunTrust, which were added to the competition for the first time in 2009, received Monitor Awards for unique offerings in several categories.

The mutual fund industry embraced social media in 2009, Corporate Insight said. Vanguard, American Century, Putnam, Franklin Templeton and other fund companies are using Twitter accounts, Facebook pages, blogs and third-party networking and social bookmarking sites to interact with investors and advisors, within FINRA guidelines.

Several firms introduced new applications, websites and text-based services. Chase, Citibank, E*Trade and KeyBank introduced mobile programs for the iPhone, while Wells Fargo introduced an application for BlackBerry. Corporate Insight expects the banking industry to invest heavily in wireless capabilities in 2010.

© 2010 RIJ Publishing. All rights reserved.

At Lincoln Financial, VAs Are a Bright Spot in Down Year

Lincoln Financial Group reported net income of $102 million for the fourth quarter of 2009 but a net loss of $485 million for the full year of 2009.

The Individual Annuities segment reported income from operations of $120 million in the fourth quarter of 2009 versus a loss from operations of $172 million in the year-ago period. Variable annuity product deposits of $2.1 billion were up 9% versus last year and drove net flows to $838 million, an increase of 42% year-over-year.

Gross annuity deposits were $2.5 billion and net flows were $818 million, both up versus the prior year. Gross deposits and net flows declined from the third quarter of 2009, driven by fixed and indexed annuities, reflecting the low interest rate environment. For the full year, gross deposits were $10.4 billion versus $11.7 billion in 2008, and net flows were $3.9 billion compared to $4.1 billion.

Companywide, net income in the fourth quarter of 2009 included a non-cash charge of $109 million, after tax, for the “impairment of intangibles related to the company’s media assets” and net realized losses of $98 million, after tax, which includes the results of the variable annuity hedge program.

The fourth quarter income from operations was $297 million and full-year income from operations was $943 million. Income from operations in the current quarter reflected growth in average variable account values compared to a year ago and included favorable returns on alternative investments.

Lincoln’s Defined Contribution segment reported income from operations of $33 million, versus a loss from operations of $1 million for the same period a year ago. The current quarter included a net negative impact of approximately $3 million, after tax, primarily related to tax and expense true-ups.

Gross deposits of $1.2 billion were down 7% versus the prior year. Total net flows were a negative $62 million, reflecting the institutional nature of the business, which drives variability in quarterly net flows. For the full year, gross deposits were $5.0 billion versus $5.5 billion in 2008, and net flows were $1.0 billion compared to $781 million.

© 2010 RIJ Publishing. All rights reserved.

Employers Restore ‘Match,’ But Worry About Retirement Readiness

The percentage of employers who are confident about their workers’ ability to retire with enough assets fell to 54% this year from 66% in 2009, according to a new Hewitt Associates study of 162 large and midsize U.S. employers.

Only 18% were “very confident” about their employees having enough income to last throughout retirement. But 80% of employers that suspended or reduced their 401(k) matching contributions in 2009 said they plan to restore the match this year, the study showed.

According to the survey:

  • 59% of the employers now offer automatic enrollment, up from 51% in 2009.
  • 78% of the employers offer target-date fund options, up slightly from 77% in 2009.
  • 46% of the employers that do not already offer automatic rebalancing are “very” or somewhat likely to add that feature to their plans this year.
  • 38% said they are very or somewhat likely to add automatic contribution escalation.

“In the last 18 months, employees’ 401(k) accounts took a serious financial hit due to the severe market downturn,” Pamela Hess, a Hewitt retirement research specialist, said in a statement about the survey results.

“While there has been marked growth in 401(k) balances since the market recovery began, we still see too many workers not saving and investing in a way that will help them achieve their retirement goals,” she added.

© 2010 RIJ Publishing. All rights reserved.

 

CCH Reviews Tax Proposals in Obama Budget

President Obama’s proposed budget has tax proposals for 2011 that reflect a heightened concern with job creation and the rising deficit. CCH issued a Special Tax Briefing on the measures.  The administration wants to:

Reinstate former top marginal rates

The president proposes reinstating the top marginal income tax rates of 36% and 39.6% rates for single individuals with incomes over $200,000 and married couples filing jointly with incomes over $250,000.

The $200,000 amount would be reduced for the standard deduction and one personal exemption and indexed for inflation for 2011. The $250,000 amount would be reduced for the standard deduction and two personal exemptions and indexed for inflation for 2011.

The 39.6% rate would start at the inflation-adjusted level now in place for the 35% rate, which for 2010 is $373,650. The president would also make permanent the 10%, 15%, 25% and 28%percent tax brackets, which are due to expire after 2010.

Levy 15 bps fee on big banks’ “covered liabilities”

The president’s 2011 budget also includes his “financial crisis responsibility fee,” a tax on the liabilities of financial institutions with at least $50 billion in consolidated assets. The rate of the fee applied to covered liabilities would be approximately 15 basis points. The fee would be effective as of July 1, 2010.

“This is one of the more controversial elements in the budget,” Luscombe noted.

Restore 20% capital gains tax

Those in the top two brackets would also see an increase in their capital gains rates, to 20% from the current 15% after 2010. However, rather than taxing qualified dividends as ordinary income beginning in 2011, as under current law, Obama would retain their treatment as capital gains.

“Upper-income taxpayers would actually fare somewhat better under Obama’s proposals than they would under current law, which would repeal almost all the Bush-era tax cuts as of 2011,” said CCH Principal Federal Tax Analyst Mark Luscombe, JD, LLM, CPA.

“Retaining the 10% and 25% brackets benefits them as well as other taxpayers, as does retaining of the treatment of dividends as capital gains. However, they would not fare as well as they have in the past.”

Reinstate estate tax

While the federal estate tax has officially expired for 2010 and is officially set to return in 2011 at pre-2001 levels, the president’s FY 2011 baseline budget assumes a retroactive reinstatement of the estate tax to January 1, 2010, at 2009 levels.

That’s the thrust of the Permanent Estate Tax Relief for Families, Farmers, and Small Businesses Bill of 2009 (H.R. 4154) to permanently extend the estate tax at 2009 exemption rates, passed by the House last year. The bill would impose a 45% tax on estates above $3.5 million per individual and $7 million for married couples. The bill is now in the Senate where, at press time, no action has yet been taken.

Establish “Saver’s Credit”

Establish the planned “Saver’s Credit” but change the credit to a 50% match on contributions up to $500 ($1,000 for joint filers). The matched would phase out at a rate of 5% of adjusted gross income (AGI) in excess of $32,500 ($65,000 for married couples filing jointly). The $500 amount and the AGI amounts would be indexed annually for inflation for tax years beginning with the 2012 tax year.

Require small businesses that employ 10 or more people and that don’t offer a retirement plan to enroll their employees in an IRA to be funded by a payroll deduction, although the employees could opt out.

Reintroduce “Pease” limitation

This year also sees a repeat of the proposal to reintroduce the limitation on itemized deductions, known as the “Pease” limitation, and the personal exemption phase-out, known as PEP, for those above the $200,000/$250,000 income thresholds.

Whenever itemized deductions would reduce taxable income in the revived 36% and 39.6% brackets, the tax value of those deductions would be limited to 28%. The proposal would apply to itemized deductions after they have been reduced by the reinstated Pease limitation.

Continue AMT “Patch”

The 2011 fiscal year budget assumes that Congress will continue to “patch” the alternative minimum tax (AMT) as it did for 2009 and then index it for inflation−or continue one-year “patches” in the future.

Miscellaneous items

As in last year’s budget, the administration is also proposing changes to rules regarding valuation, basis and grantor retained annuity trusts to correct what are seen as abusive practices.

A major initiative for businesses in the budget is $33 billion in small business jobs and wages tax credits. The measure would provide a $5,000 tax credit for every net new employee hired by a qualified small business in 2010, capped at $500,000 for any one firm.

The proposal would also reimburse small businesses that increase wages or hours for existing employees for the Social Security payroll taxes they pay on real increases in their payrolls, up to the current Social Security maximum wage base of $106,800.

Another new item is a proposal to remove cell phones from their current classification as “listed property.” This would lift the strict substantiation requirements for business use and make depreciation of cell phones easier. In addition, an employee could exclude the fair market value of personal use of a cell phone provided predominantly for business purposes from gross income.

“The current rules date back to when a cell phone was an expensive novelty,” Luscombe said.

As in the 2010 budget, the administration again proposes to raise the exclusion currently available on gain realized on qualified small business stock from 75% to 100%. The exclusion is intended to help small businesses raise capital. The administration would eliminate as an AMT preference item the excluded portion of the gain, as well.

“This would be an attractive investment for someone who otherwise might be facing a 20-percent capital gains tax in the future,” Luscombe noted.

The administration also proposes extending the Section 179 expensing and bonus depreciation provisions for 2009 through 2010.

The budget reiterates a number of revenue raisers from last year, including a repeal of the LIFO inventory method, taxation of carried interest as ordinary income and a package of international taxation “reforms.” The president also proposes to revive Superfund taxes for 10 years commencing with tax years beginning after December 31, 2010.

© 2010 RIJ Publishing. All rights reserved.

The Search for a Safe Withdrawal Rate

Current financial market conditions pose a number of challenges for financial planners, not least of which is the determination of safe withdrawal rates for retired clients.

To solve this problem, many advisors rely on research by fellow planner Bill Bengen, who demonstrated in the early 1990s that, based on history, a 4% to 4.5% initial withdrawal rate, with yearly inflation adjustments, would have been safe for 30 years.

But because an individual who holds funds in retirement accounts would likely need more than $1.3 million to generate an inflation-adjusted, after-tax income stream of $40,000 to $45,000, his numbers are not good news for clients contemplating retirement.

Since Bengen’s initial work, he and other researchers have reexamined withdrawal strategy issues to see if it’s feasible to frame the problem differently or to manage retirement accounts so that retirees can take higher initial withdrawals without undue risk of ruin.

In this article, I highlight work done by Michael Kitces, who looks at stock market valuation levels as meaningful guides to setting withdrawal strategies. I also discuss the use of guaranteed products, like annuities, and how their attractiveness may vary with such factors as P/E levels, interest rates, and market volatility.

P/E ratios and withdrawal rates
Kitces, director of financial planning for Pinnacle Advisory Group and publisher of The Kitces Report, has produced a study showing how stock market valuation levels at the inception of a planning period impact safe withdrawal rates.

P/E’s and Stock Returns By Decade
Period Beginning of
Period P/E
Annualized
Stock Return
1930-1939 21.5 -.92%
1940-1949 16.9 8.50%
1950-1959 10.6 19.46%
1960-1969 18.3 7.74%
1970-1979 16.9 5.92%
1980-1989 8.8 17.34%
1990-1999 17.2 18.05%
2000-2009 42.5 -.91%
Avg 1930-2009 17.3 11.12%
Sources: Shiller Data Base, Stern NYU Data Base

To remove the impact of earnings cycles, he uses a price/earnings ratio with the past 10 years of earnings in the denominator. This measure has been called “P/E 10” and “Cyclically Adjusted P/E or (CAPE).” Graham and Dodd used it in the 1930’s, and Yale economist Robert J. Shiller popularized it in his 2006 book, “Irrational Exuberance.”
Testing based on historical data shows that beginning P/E levels have been predictive of long-term stock returns, as the following chart shows.


This chart shows initial P/E’s and equity returns for each decade since 1930. It demonstrates a clear tendency for high P/E’s to presage below average returns and vice versa. (Although PE’s have been good forecasters of long-term returns, they have not been useful in the short run. In the late 1990s, P/E’s rose into the high 20’s, and 30’s and stock prices kept climbing. We remember how that ended.)

Safe Withdrawal Rates Based on P/E 10 Quintiles and 60/40 Stock/Bond Mix
Quintile Lower P/E Upper P/E Lowest SWR Average SWR
1 5.4 12.0 5.7% 8.1%
2 12.0 14.7 4.8% 6.7%
3 14.7 17.6 4.9% 6.3%
4 17.6 19.9 4.9% 5.8%
5 19.9 28.7 4.4% 5.1%
Source: The Kitces Report 05/08

Kitces recognized that long-term returns matter most in retirement planning, and that advisors should consider P/E’s at the beginning of the retirement period when choosing a safe withdrawal rate. The following chart, taken from his study, shows the relationship between P/E’s and safe withdrawal rates. (The P/E Quintiles are based on P/E’s at the beginning of rolling 30-year periods starting in 1881.)


Except for Quintile 5, all of the P/E levels allow higher withdrawal rates than those prescribed by Bengen. The Lowest SWR’s could be used for clients who need to be sure of not running out of money, while the Average SWR’s could be used for clients who have backup resources for use in below-average return scenarios.

Immediate annuities and interest rates
Planners might ask: What investment strategies should I recommend when P/E’s are high and Kitces’ approach dictates low withdrawal rates? How can I raise the withdrawal rate without subjecting the client to undue risk? As of early January PE’s have edged above 20, so we are now in Quintile 5 and these questions apply.

Advertisement Altering the stock/bond mix in favor of bonds might appear to be the best approach under these circumstances, and Kitces examines this strategy in his study. But he concludes that emphasizing bonds would probably do more harm than good. Even at high P/E levels, expected returns for stocks exceed expected bond returns.

Buying annuities or other guaranteed products offers another course of action. Immediate annuities convert investments into lifetime income streams. Based on late-January Vanguard/AIG rates, a 65-year old female could purchase an immediate annuity that pays $426.33 per month with annual increases based on actual inflation for $100,000. That equals a 5.1% initial withdrawal rate, so using an annuity could improve the safe withdrawal rate.

But annuities would not necessarily deliver a huge improvement, because the current environment is not particularly favorable for them. Prices of inflation-adjusted annuities reflect both real interest rates and spreads between Treasury bonds and corporate bonds. Real rates as measured by 10-year Treasury Inflation-Protected Securities (TIPS) are currently only 1.35%, compared to a long-term average of 2%.

Real rates may well rise as the economy recovers, however. The spreads between corporate bonds and Treasuries have narrowed over the past year, and it’s not clear whether they will continue to do so. I expect immediate annuity payout rates to trend higher.

At this time, few companies offer inflation-adjusted life annuities and the pricing may not be as competitive as it is for straight fixed-payout annuities. For example, if we compare the Vanguard/AIG rates for the inflation-adjusted annuity with their current rates for annuities with pre-set annual increases, we find an implicit inflation assumption of 3.3%.
Expected inflation based on the TIPS/Treasury spread is currently around 2.3%. A client could purchase an annuity with preset 2.3% annual increases that would pay $478.52 per month, equivalent to a 5.7% initial withdrawal rate. In this environment, I would not recommend investing large sums in annuities, but a planner might advise clients to begin purchasing a series of small immediate annuities over a number of years.

GLWBs and SALBs
Purchasing an investment product with retirement guarantees, such as a variable annuity with a guaranteed lifetime withdrawal benefit (GLWB) or a so-called Standalone Living Benefit (SALB), is another approach. The relatively new SALB product, now offered by four insurers, is simply an unbundled version of the GLWB attached to a managed investment account.

Both the GLWB and SALB combine longevity insurance with protection against poor investment performance. The investment protection piece is effectively a purchase of long-term put options on the stock market. The best time to purchase these products is when stock market volatility is low and options are cheapest.

Looking back, there were times during 2005 and 2006 when the VIX index, a measure of anticipated volatility, fell to between 11 and 12, or well below its long-term average of about 20. During this period, insurers offered GLWB riders with annual charges of only 30 to 50 basis points, causing Moshe Milevsky of York University and others to question whether those charges were high enough to cover potential losses.

During the financial crisis, the VIX soared to 70. Insurers raised GLWB prices to 80 to 100 basis points, placed stricter limits on investment choices and, in some cases, pulled their GLWB products from the market. The VIX subsided as the market partially recovered, but it still stands at around 25 and insurers have not yet reduced the charges for these guarantees.

Even with reduced rider fees, however, SALB products and variable annuities with GLWBs tend to be expensive. Total annual charges typically run 2% to 3% for products that provide only a 5% income guarantee that does not adjust for inflation. Based on an estimated future inflation of 2.3%, that’s equivalent to an inflation-adjusted withdrawal rate of just 3.75% over 30 years, which is below Bengen’s or Kitces’ lowest recommended safe withdrawal rates.

Clients would therefore not enjoy a better withdrawal rate by moving money into these products at today’s pricing levels. SALBs and GLWBs may eventually play a key role in retirement portfolios, but they will need to be more attractively priced. A no-load SALB based on an underlying portfolio of low-cost index funds could be the answer.

Final thoughts
With its low interest rates, high P/E’s, and keen memories of record volatility, the current environment poses challenges for advisers who hope to recommend withdrawals rates and choose investments or guaranteed products for their older clients. Planners who work with clients contemplating retirement might consider the “Don’t Retire Now” strategy.

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