Archive for December, 2009

Brokers/Agents Resources

The information you need in order to improve the experience of the life settlement process and increase the opportunities for entering into life settlement transactions.

What to look for when selling a policy:

As a broker/agent, you have several important issues to take in to consideration when determining what is best for you and your client:

  • Which state law will apply for the life settlement?
  • Is the broker/provider licensed in the states I plan on engaging in the transaction?
  • Are the broker’s/provider’s goals in line with that of my client(s)?
  • What is the source of funds of the ultimate buyer of my client’s policy?
  • Do the broker/provider policies and procedures ensure that my client’s identity is safe?

Broker vs. Provider: 

You have a choice of working through a life settlement broker or going directly to a life settlement provider:

  • Agents just entering the market may want to work through a broker at first as it entails less work on the producer’s end.  This allows the agent to learn about the industry and how it works.
  • Going straight to a provider can result in better execution and lower commissions, as one less intermediary is involved in the transaction.  This can also increase the amount of cash received by your client since one less party will be paid a commission.

Options to consider when accepting an offer:

After you have decided to work with a broker or provider and gotten a number of bids you have to consider choosing the right one based on several questions:

  • What is the provider’s reputation and past record for closing transactions?
  • Where does the money come from?  Is the money institutional?
  • How quickly the provider can close the case?
  • How transparent is the process?
  • Is my client’s privacy going to be protected?

Why Choose a Life Settlement?

Study after study portrays several misconceptions people have about their retirement years. Many believe that a nest egg can be built within a relatively short period of time, they underestimate the amount of money needed to sustain their pre-retirement lifestyle after they retire, and they imagine retiring at age 55 or 60 when the reality is that many people are working full or part-time into their 70s and beyond. If you are nearing retirement or are already there, it is time to take a hard look at your life insurance policy, which can be converted into cash to enhance an inevitable change in both living expenses and lifestyles.

Your current insurance policy may not be as suitable to your current situation as it was when you first bought it. The introduction of new and improved financial products now allows you to reevaluate your financial plan. A life settlement is one of the options many seniors are utilizing for their financial benefit to achieve a higher quality of life in the years to come.

You should choose a life settlement if you are a qualified senior who has a life insurance policy that is no longer wanted, needed, or affordable. Many policies lapse or are surrendered for minimal cash values, but with a life settlement, policy owners receive substantially more in exchange for their life insurance policies.

A life insurance policy owner has several reasons for considering the sale of a life insurance policy. While the primary benefit of selling a policy in the life settlement market is to receive a cash payout greater than the cash surrender value of the policy, there are many secondary and underlying motives, including, but not limited to, the following:

  • A policy is no longer needed or wanted (e.g., spouse dies, divorce, children are grown up and financially responsible, etc.)
  • Changes in estate, tax or financial plans or changes in law, etc.
  • Premium payments have become unaffordable as policy owners grow older
  • Investments in the insurance are no longer appropriate
  • Disposal of unneeded “key-man” insurance or other business-owned insurance
  • Fund the purchase of new financial product/estate planning tool (annuities, life insurance or investments)
  • Charitable giving
  • Trust evaluation
  • Decline in health has increased medical expenses
  • Fear of leaving family burdened with debt
  • Alternative funding is needed for more suitable financial products
  • Changes in insurance and investment needs and/or goals
  • Policy performance does not meet expectations
  • Family/beneficiary status changes
  • Recovering assets from business-related insurance plan
  • Estate-planning needs of the insured have changed significantly
  • Satisfy the need for cash in a forced liquidation due to bankruptcy or financial difficulties
  • Liquidate policies donated to not-for-profits
  • Change in a company’s management
  • 1035 exchange for new life insurance policy
  • When loans need to be paid off
  • When you want access to the value of your life insurance
  • Investments in the insurance is no longer appropriate

President Signs Law to Extend COBRA Subsidy, Jobless Benefits

President Barack Obama signed legislation into law on Dec. 19, 2009, extending for six months a federal subsidy to help unemployed workers acquire health insurance through their former employers’ health care plans. The law takes effect immediately.

Earlier that day, the Senate approved the measure. The House of Representatives had voted for it on Dec. 16, 2009. The new law provides an extra six months of federal subsidy payments that allows unemployed workers to purchase health care coverage guaranteed by the Consolidated Omnibus Reconciliation Act, better known as COBRA. The new law extends eligibility for the subsidy program for two months. The extension was added to the Department of Defense (DOD) spending package (H.R. 3326), which passed the House and Senate by overwhelming margins.

In addition, the spending bill included an amendment that will provide an additional 13 to 20 weeks of unemployment benefits to American workers. Unemployment insurance benefits will increase by $25 a week as a result of the change.

The COBRA subsidy is a high-profile issue given the heated debate continuing on health care reform.

“This bill ensures that workers who have lost their jobs through no fault of their own will not lose the unemployment and health benefits they rely upon to provide for their families,” said Rep. Charles Rangel, D-N.Y., chair of the House Ways and Means Committee.  “The immediate benefits and assistance provided in this bill help provide some measure of economic security for millions of our fellow Americans struggling during this holiday season, helping ease their pain as they search for their next job opportunity.”

The new law extends the duration of the COBRA premium subsidy payments from nine to 15 months. The law changes the eligibility of date for the program from Dec. 31, 2009 to the end of February 2010. According to the law, workers who are laid off from their jobs on or before Feb. 28 can qualify to receive the subsidy payments.

The eligibility deadline and duration of the subsidy payments has created some confusion for employers who must notify laid-off employees about the program and then track and verify that workers are eligible to receive the subsidy. The subsidy was part of the federal stimulus package that was enacted in February 2009 and pays 65 percent of the monthly health insurance premiums for COBRA-provided coverage. Subsidy payments began running out for unemployed workers on Dec. 1, 2009, which compounded confusion over the program as media reports stated that the COBRA subsidy was expiring on that date.

Jobs Bill Approved Narrowly

A similar extension to the COBRA subsidy was included in a jobs creation bill (H.R. 2847), which was also approved by the House on Dec. 16, 2009. The jobs legislation passed by the narrow margin of 217-212 and now moves on to the Senate. Senate leaders have stated that they will not begin debate on the proposal until January 2010.

The measure combined $50 billion in spending for public works and infrastructure projects with another $50 billion in aid to states and local governments, which are facing major budget deficits.

Republican leaders in the House denounced the proposal, calling it “the son of stimulus” and stated that the federal government could no longer afford to support its deficit spending habits.

“More spending, more debt, and the same lousy policies that haven’t produced jobs all year,” House Minority Leader John Boehner, R-Ohio, told reporters after the bill passed.

No Republicans voted for the measure and 38 Democrats joined with the GOP members to cast dissenting votes.

President Barack Obama signed legislation into law on Dec. 19, 2009, extending for six months a federal subsidy to help unemployed workers acquire health insurance through their former employers’ health care plans. The law takes effect immediately.

Earlier that day, the Senate approved the measure. The House of Representatives had voted for it on Dec. 16, 2009. The new law provides an extra six months of federal subsidy payments that allows unemployed workers to purchase health care coverage guaranteed by the Consolidated Omnibus Reconciliation Act, better known as COBRA. The new law extends eligibility for the subsidy program for two months. The extension was added to the Department of Defense (DOD) spending package (H.R. 3326), which passed the House and Senate by overwhelming margins.

In addition, the spending bill included an amendment that will provide an additional 13 to 20 weeks of unemployment benefits to American workers. Unemployment insurance benefits will increase by $25 a week as a result of the change.

The COBRA subsidy is a high-profile issue given the heated debate continuing on health care reform.

“This bill ensures that workers who have lost their jobs through no fault of their own will not lose the unemployment and health benefits they rely upon to provide for their families,” said Rep. Charles Rangel, D-N.Y., chair of the House Ways and Means Committee.  “The immediate benefits and assistance provided in this bill help provide some measure of economic security for millions of our fellow Americans struggling during this holiday season, helping ease their pain as they search for their next job opportunity.”

The new law extends the duration of the COBRA premium subsidy payments from nine to 15 months. The law changes the eligibility of date for the program from Dec. 31, 2009 to the end of February 2010. According to the law, workers who are laid off from their jobs on or before Feb. 28 can qualify to receive the subsidy payments.

The eligibility deadline and duration of the subsidy payments has created some confusion for employers who must notify laid-off employees about the program and then track and verify that workers are eligible to receive the subsidy. The subsidy was part of the federal stimulus package that was enacted in February 2009 and pays 65 percent of the monthly health insurance premiums for COBRA-provided coverage. Subsidy payments began running out for unemployed workers on Dec. 1, 2009, which compounded confusion over the program as media reports stated that the COBRA subsidy was expiring on that date.

Jobs Bill Approved Narrowly

A similar extension to the COBRA subsidy was included in a jobs creation bill (H.R. 2847), which was also approved by the House on Dec. 16, 2009. The jobs legislation passed by the narrow margin of 217-212 and now moves on to the Senate. Senate leaders have stated that they will not begin debate on the proposal until January 2010.

The measure combined $50 billion in spending for public works and infrastructure projects with another $50 billion in aid to states and local governments, which are facing major budget deficits.

Republican leaders in the House denounced the proposal, calling it “the son of stimulus” and stated that the federal government could no longer afford to support its deficit spending habits.

“More spending, more debt, and the same lousy policies that haven’t produced jobs all year,” House Minority Leader John Boehner, R-Ohio, told reporters after the bill passed.

No Republicans voted for the measure and 38 Democrats joined with the GOP members to cast dissenting votes.

Source: Society for HR Management

 

Life Insurance – Top Ten Questions – Life Settlements

Life Settlements

A life settlement is the sale, assignment, transfer, or bequest of the death benefit or ownership of a life insurance policy by the owner of the policy where the insured does NOT have a catastrophic or life-threatening illness or condition. Typically, the owner of the policy receives cash (generally an amount greater than the cash surrender value in the policy, but less than the full amount of the death benefit); and the life settlement company becomes the new owner and beneficiary of the policy and is responsible for the payment of all future premiums. Upon the death of the insured, the death benefit is paid to the life settlement company. Life settlements usually involve the sale of life insurance policies by owners where the insured is a senior citizen or where the insured may have a medical condition that will likely result in a shortened life expectancy.

The following questions relate to life settlements:

  1. How does a life settlement differ from a viatical settlement?A viatical settlement is the sale, assignment, transfer, or bequest of the death benefit or the ownership of a life insurance policy by the owner of the policy to a viatical settlement company where the insured has a catastrophic or life-threatening illness or condition. Typically, the owner of the policy receives cash from the viatical settlement company; and the viatical settlement company becomes the new owner and beneficiary of the policy and is responsible for payment of future premiums. Upon the death of the insured, the death benefit is paid to the viatical settlement company. In order to enter into a viatical settlement transaction the insured must have a catastrophic or life-threatening illness or condition. Such illness or condition is not required for entering into a life settlement.
  2. Does New York regulate life settlements or viatical settlements?Currently, life settlement providers and brokers are not required to be licensed and are not regulated by the New York Insurance Department. However, viatical settlement providers and brokers are required to be licensed and are regulated by the New York Insurance Department pursuant to Article 78 of the Insurance Law and Regulation 148 (11 NYCRR 380).
  3. What are some of the reasons why I might consider the sale of my life insurance policy to a life settlement company?Some of the reasons why you might consider selling your life insurance policy are as follows:
    • The life insurance policy is no longer needed or wanted
    • Premium payments have become unaffordable
    • Considering surrender of the policy
    • Policy is about to lapse
    • Change in estate planning needs
    • Change in financial circumstances
    • Change in life circumstances (such as divorce or death)
  4. Are there any fees involved in a life settlement?Yes. A fee, commission, or other form of compensation is usually paid to the life settlement broker who negotiates a life settlement contract between the owner of the life insurance policy and the life settlement company.
  5. How much money will I get if I enter into a life settlement contract?The amount of money you receive will depend upon a number of factors, including, but not limited to, the age and medical condition of the insured, type of life insurance policy (e.g., universal life, whole life, term), amount of the death benefit, rating of the issuing insurance company, amount of premiums necessary to keep the policy in force, and amount of compensation the life settlement broker receives. You should contact several life settlement companies before selling your policy in order to obtain the best offer. Since you will be providing personal information to these unregulated companies, you should make sure that the companies you deal with have procedures in place to protect the confidentiality of your information. If you have a life insurance policy with a cash value, the amount you receive should be at least greater than the cash surrender value of your policy. (See question on alternatives below.) You should contact your insurance company if you do not know the cash surrender value of your policy.
  6. What happens to my life insurance policy after I enter into a life settlement contract?The ownership rights and obligations under the policy are transferred to the new owner and a new beneficiary will receive the proceeds upon the death of the insured. This is an important decision that may have significant financial consequences for you and your family members. As such, you may want to include your family as part of your decision-making process before making any major changes to your life insurance policy.
  7. Will my privacy be maintained? During the application process, you will be required to sign an authorization releasing your medical and other personal information to the life settlement company. Once they obtain that information, it may be shared with other parties, including lenders or third party investors. Be sure to carefully read your application, contract and all other material you receive to determine what procedures the life settlement company uses to maintain and protect the confidentiality of your personal information. Know who is involved in the transaction and check them out thoroughly. If you negotiate through a life settlement broker, find out the name of the life settlement company involved in the transaction. Inquire about the privacy policy of all parties involved in the transaction. Although not regulated by the New York Insurance Department, life settlement companies may be subject to federal and/or state laws with respect to privacy.
  8. What are the alternatives to entering into a life settlement?There are several options to explore:
    • Borrow against the cash value of your life insurance policy
    • Cash out the policy based on the available cash surrender value
    • Check with the life insurance company to find out if the policy can be converted to a paid-up policy or if the death benefit can be reduced in order to lower the amount of your premium payments
    • Use the life insurance policy as collateral to secure a loan
  9. Are the proceeds of life settlements taxable?Life settlement proceeds may be taxable. You should consult your tax adviser for additional information.
  10. What else should I know when considering a life settlement?It is recommended that you consult your legal advisor before entering into a life settlement contract. Since the life settlement industry in New York is not regulated:
    • There are no requirements for disclosure, including:
      • Potential tax implications
      • Benefits of keeping the original policy
      • Any affiliation between the life settlement broker and the life settlement company
      • Receipt of life settlement proceeds may affect eligibility for public assistance programs
      • The insured will be contacted by the life settlement company at certain intervals to determine the insured’s health status.
    • There are no advertising guidelines for life settlements
    • The “agents” involved in these transactions are not required to be licensed or trained
    • The Insurance Department can only provide limited assistance when an insured has a complaint or problem with a life settlement company
    • Life settlement companies may encourage people to purchase new insurance for the sole purpose of entering into a life settlement

Source: http://www.ins.state.ny.us/que_top10/que_life_set.htm