Supreme Court decisions on DOMA rules will affect gays' insurance, pensions, and more

by LAS

The recent Supreme Court decisions on the Defense of Marriage Act (DOMA) solidifies gays' rights in the 12 states that recognize same-sex marriage, but still leaves unclear areas in the other states. However, in those 12 states, gay couples will see personal benefits in healthcare coverage, pensions, annuities, 401(k)'s, and might possibly extend to COBRA and the Family Medical Leave Act.

It is pretty clear now that gay couples who live in those 12 states, who have for example, a pension plan in effect, will be able to draw survivors annuities rights. If the plan provides for a maximum benefit of $1500 per month, then the survivor could apply for a benefit check of at least $750 per month. Also, if a surviving spouse had already been receiving such survivor benefit checks, and those were taxed by the federal government, the survivor can now apply for a refund of that tax now that the benefit is not taxable.

Persons affected by these changes will still have to wait while employers prepare updated materials and forms related to these medical and pensions plans. So please, be patient, because this is not going to happen overnight – and typically employers have until the end of the year after such a ruling to get things in order. Again, be patient, because the employers have to make sure all the i's are dotted and t's crossed, and there are a lot of legal and tax implications to be thought through.

Still unclear are all the implications and applications when the couple was married in a state that recognizes gay marriage but no longer reside in a state that recognizes gay marriage. That could easily happen if a couple worked in New York, which does, and retires to Florida, which does not. Companies are still unclear on how a change in residence would affect coverage. Another area that needs clarification is in the case of companies that operate in several states – are they only bound by the laws in states where they have offices, or only the state where they are incorporated? In any case, it will be a tangled mess to prepare paperwork for employees in the several states where they have employees.

It is always a tangled mess that the courts weave, and employers and insurance companies will need some time to untangle it. 

Insurance Agents Don't Want to Scare Off Seniors with Too Much Information

by L.A.S.
I am going to assume that older readers out there will take offense at this. But financial advisors assume that seniors' decision-making skills will decline with age even if one does not have Alzheimer's or any other form of dementia.

Our brains temporarily store incoming streams of data -- numbers, words, phrases, pictures, and so forth -- while at the same trying to decide which of these data is important to us, to our own situation and values. We quickly go through processes of comparison and ranking of these bits of data. We also compare what is coming in to our own 'data banks', in other words what we have learned to be true about the world in general and about managing money in particular.

Brilliant people can juggle more bits of data than the rest of us. But all of us experience a bit of a slowdown in this process as we age. We can easily miss important facts because we are still trying to hold onto as many information bits as we can handle. We also tend, as ALL of us do, to look for the easy solution, which may not be in our best interests. As we get older, we also are more easily distracted or interrupted, so that we have to start over.

Seniors tend to compensate by taking more time to make a decision. This is perfectly all right. However, most sales people know that the decision delayed, is the decision NOT MADE. So give yourself a deadline to make a final decision. Write out what you feel you need to know to make an informed decision, then when you have gathered that information, sit down with your significant other and discuss what looks best for you.

My personal experience is that I can never find the absolute perfect choice, even when selecting so mundane an item as my apartment. I have to decide based on the best overall package of location, cost, space, and other amenities. I have made errors even after all that, but it is the best I know how to do.

Which features of a policy, annuity, or other financial package are MOST important to you? Weed out those options that do not offer them, but perhaps you might call the company rep to make sure that this is the case. The company might have another group of options that they did not even think you would be interested in.

I might mention that some features are not commonly advertised and you might not even know they are out there. For example, many insurance companies have policies with a return-of-premium rider. (This may be true of some term life insurance and of some 'dread disease' policies; the premiums are somewhat higher but the fact that it is virtually free after the return of your money, makes them very attractive.) A company may be allowed to offer certain riders in one state but not in another, but that is out of our control.

An example of a weeding-out process with annuities would first ask if you need it for an immediate payout, for the near future, or for 20-30 years from now. If tax considerations (for the beneficiaries) are paramount, then you might consider buying insurance instead. BTW if you cannot qualify for a long-term care policy, then maybe you could look into raising the value of your current life insurance if it has an accelerated benefit option.

To help you with the information-gathering phase, you might avail yourself of free lectures given by local banks or savings & loan offices. I went to one such lecture several years ago about the Roth IRA when that was a new option. I took notes and kept them for reference. Keep a notebook of notes taken at such lectures or seminars, so you can draw upon them when sorting through company offers.
Good luck!

SEC Files Against Prime Capital

by L.A.S.
It just goes to show that wherever there's a free lunch, you're paying for it in the end.
Prime Capital Services, Inc., was named in a complaint filed by the SEC. Prime Capital allegedly lured seniors into buying unsuitable annuities with free lunches as bait.
Customers were told they could access their investments whenever they needed funds, but Prime Capital omitted informing them of fees for early withdrawals above a certain amount.

Proposed Bill SB 1297 Would Give Tax Break for Annuities

by L.A.S.
You would get an fifty percent tax exclusion on your annuity under a pair of proposed Congressional bills called the Retirement Security for Life Act. Senators Kent Conrad of North Dakota and Senator Pat Roberts of Kansas are co-sponsors of this bill, SB 1297.
If you do not have an employer-sponsored retirement plan, you would benefit from this law. It provides for a fifty percent tax exclusion on up to $40,000 in annual income received from a non-qualified lifetime annuity.
A companion bill was introduced in the House, sponsored by Reps. Early Pomeroy of North Dakota and Ginny Brown-Waite of Florida.

Texas Proposes Regulation of Annuity Schemes Aimed at Seniors

by L.A.S.

Texas bill HB 961 and SB 2650 would regulate maturity dates on all annuities sold to seniors. No longer can insurers set the maturity date as high as 115. Such unreasonable maturity dates force beneficiaries to pay high surrender charges in order to settle an estate.

The bill would also allow the Texas Department of Insurance to investigate any pattern of conduct by carriers that may violate this regulation, and empower the agency to issue 'cease and desist' orders.

Annuities Have Become 'The New Black'

by L.A.S.

In 2008, to no one's surprise, investors, suddenly shifted funds into plain old boring fixed annuities. How many investors did this? Just to quote some startling stats that came out earlier this year, sales of fixed annuities in 2008 jumped to $107 billion, up nearly 60 percent over 2007.

We are talking about the most snore-inducing sector of the financial investment field, the fixed or fixed index annuity here. Perhaps the only item that qualifies as duller is the savings bond. Now normally, we are told to have a portion of our investments in safe instruments such as bonds or insurance, vehicles like that. And some of us actually do that.

But traditional diversification did not work for most of us in 2008. So that explains the rush to the safety of the fixed annuity. It is very simple to understand: you just toss a lump sum into the kitty and draw upon it to suit your needs. There are variations in how long a waiting period before you begin drawing on the annuity, and there are also some that allow you to deposit small sums during your working life in order to draw upon it in your retirement, just like an IRA or 401K.

But the deferred accounts are nice because the interest they accrue is tax free. The longer the deferred period, the better, of course, so that they can swell into very nice nest eggs indeed. The downside has always been that you had to accept a rather low rate of return in exchange for this level of boring safety. The other downside is a rather steep penalty for dipping into your fund in case of emergency.

Deferred annuities generally produce a 5 percent rate of return, while immediate annuities may give only about 3.5 percent. And because you are locking into just one company, you want to know for sure that the company is very strong. Everyone thought that AIG was too big to fail, to coin a phrase, but we found out differently.

There are several reputable insurance companies that have avoided the flash and the sizzle, and as a result are in very good financial shape today, even after the stock market bloodbath. Northwestern Mutual Life, headquartered in Milwaukee, is one. (I am not an agent of NML nor am I reimbursed in any way for mentioning them; but I am rather proud that they are based in my birthplace.)

Do You Really Want to Buy an Annuity? You May Have to Sign it Over to the State

According to a recent report, and a headline in one industry network, “within 5 YEARS, 57% of all annuity agents will be out of Business due to Regulatory Issues and Suitability Restrictions!”
Why would it say that?

One big factor is the move towards the Partnership Programs between consumers, states, and the insurance industry. Under this program, which has been rolled out to about ten states and will eventually affect all 50 states, persons who enroll will have to sign over their annuity plans to the state.

For a more detailed explanation of this program, please go to the excellent article here: http://minnieapolis.newsvine.com/_news/2007/12/29/1192758-minnesota-getting-ready-to-join-list-of-states-with-long-term-care-partnership-program