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. 

A Strategy to Keep Inheritance Taxes Low as Possible

By the Columnist
What might be your best strategy for maximizing growth while shrinking the tax bite from your estate? Most of us want to leave as much as possible to our heirs, rather than to the government, or to other beneficiaries like a college, school or charities.

And there is nothing illegal in that. Designing your portfolio to legally minimize the tax bite is perfectly rational and legitimate. Using well-designed life insurance policies, which are not taxable, is one way to do that.

One option to do so is to pay a single-premium immediate annuity. This HAS to be a life-only annuity, in order to avoid being included in the estate. This immediate annuity will generate a comfortable annual income. Depending on how high-value a plan you buy into, you could hit the 40 percent tax bracket. But this is still going to be a smaller hit than the estate tax to the full value of the the estate had you not purchased the annuity.

You could still use money that you do not need to live on, and pay that into a life insurance policy in an irrevocable trust. This will sweeten the inheritance pot for your heirs. You can also
use this idea for joint and survivor plans in the case of husband and wife. Designate the surviving spouse as the primary beneficiary, and the children as secondary beneficiaries who receive an equal share of the payout. Seek advice on how to minimize gift taxes to your beneficiaries.

Some number-crunching backs this up. If you deposit one million dollars in certificates of deposit for say, 5 percent interest, you generate income of $50K and a tax of $20K. The inheritance tax will take a large bite, and you will leave $550K (roughly) to your heirs. If you put a million dollars into this immediate annuity, your yearly income could be $90K (if the plan pays 9 percent), but the tax bite is lower, only $5,600. In the end, your estate is still worth $1.1 million at the end of the tax year. You have managed to leave twice as much to your heirs, and much less to the government.

Of course, should you be so lucky as to die in 2010, you would avoid the federal estate taxes altogether. But few of us a privileged to know when we will leave this earth and this mortal shell. And that also brings up the only possible negative about this strategy: if you outlive your life expectancy, the proceeds of the annuity will be fully taxable once you have received all your original principal. Natch.

The parameters of the ideal candidate for this strategy are as follows: is over age 70, is insurable, and possessing an estate worth at least $3.5 million and facing tax liability on that estate. 'Estate' includes all forms: cash and other liquid assets, stock, property, insurance policies, art or collectibles, etc.

If You Depend on Your Employer for Health Ins., Don't Vote McCain

Hi, --
I don't generally talk about politics at all on this site. However, there are some clear differences between the two major presidential candidates when it comes down to how your health insurance will be affected.
It is already pretty clear that Sen. John McCain has plans to torpedo employer-paid health insurance coverage. How can a president do that? Pretty easy if he is able to push thru a proposed elimination of the tax break for the employer.
Currently the only way that employers are able to offer group coverage at all is because of the tax exclusion employer-paid health insurance.
Ostensibly the goal is to push individuals into state-run pools. But that means that individuals will have to pay 100% of their premiums, whereas now they pay anywhere from 20% to 50%. Some employers do not contribute anything now; they just sign up with an outside administrator like Administaff and let employees pick and choose what they need. And pay 100% of the cost.
Americans are being squeezed between spiraling increases in food bills, gas prices, and often in their mortgages if they got caught in the mortgage credit crunch. Where are they going to get the extra dollars to pay for 100% of their health insurance coverage too? AND pay income taxes on the benefits from your insurance plan??? Are they crazy???Here's a link to a great article on the changes being proposed; this is part one of a two-parter. I hope you benefit from reading it.
HEADLINE: McCain's Health Care Plan: Gut Employer-Based Insurance
http://www.alternet.org/mediaculture/93734/?page=entire
An Excerpt: So far, the press has failed to examine what's at stake here for workers and their bosses -- that, in the long run, employer coverage could disappear, and that, in the short run, they may have to pay taxes on some portion of their health benefits, no matter who wins in November. In effect, it's an unspoken tax increase which has yet to surface in campaign conversation.