The Risks Associated with “Universal Life” And……How to avoid them!!!! James Britton CFP

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The Risks Associated with “Universal Life” And……How to avoid them!!!! James Britton

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The Risks Associated with “Universal Life” And……How to avoid them!!!! James Britton CFP. Consider the way they sell cars. Or this…. Marketing Universal Life. Marketing Universal Life. CCRA. Marketing Universal Life. Risks!!!. Compliance!!!. Lawsuits!!!. Risks:. How was it Sold?. - PowerPoint PPT Presentation

Transcript of The Risks Associated with “Universal Life” And……How to avoid them!!!! James Britton CFP

Page 1: The Risks Associated with “Universal Life” And……How to avoid them!!!! James Britton CFP

The Risks Associated with

“Universal Life”

And……How to avoid them!!!!

James Britton CFP

The Risks Associated with

“Universal Life”

And……How to avoid them!!!!

James Britton CFP

Page 2: The Risks Associated with “Universal Life” And……How to avoid them!!!! James Britton CFP

Consider the way they sell carsConsider the way they sell carsConsider the way they sell carsConsider the way they sell cars

Page 3: The Risks Associated with “Universal Life” And……How to avoid them!!!! James Britton CFP

Or this….Or this….Or this….Or this….

Page 4: The Risks Associated with “Universal Life” And……How to avoid them!!!! James Britton CFP

Marketing Universal LifeMarketing Universal LifeMarketing Universal LifeMarketing Universal Life

Page 5: The Risks Associated with “Universal Life” And……How to avoid them!!!! James Britton CFP

Marketing Universal LifeMarketing Universal LifeMarketing Universal LifeMarketing Universal Life

CCRA

Page 6: The Risks Associated with “Universal Life” And……How to avoid them!!!! James Britton CFP

• Risks!!!• Risks!!!

Marketing Universal LifeMarketing Universal LifeMarketing Universal LifeMarketing Universal Life

• Compliance!!!• Compliance!!!

• Lawsuits!!!• Lawsuits!!!

Page 7: The Risks Associated with “Universal Life” And……How to avoid them!!!! James Britton CFP

• How was it Sold?• How was it Sold?

• Why Was It Sold Improperly?• Why Was It Sold Improperly?

• What’s the Solution?• What’s the Solution?

Risks:Risks:Risks:Risks:

Page 8: The Risks Associated with “Universal Life” And……How to avoid them!!!! James Britton CFP

Risk #1 - MTARRisk #1 - MTARRisk #1 - MTARRisk #1 - MTAR

• In its simplest form MTAR is the In its simplest form MTAR is the maximum amount of money an maximum amount of money an insurance policy can hold on a tax insurance policy can hold on a tax sheltered basis.sheltered basis.

• Values in excess of the MTAR are Values in excess of the MTAR are transferred to a side account which is transferred to a side account which is taxed annually.taxed annually.

• Regulation 306 (1),(2),(3) and (4)Regulation 306 (1),(2),(3) and (4)

• In its simplest form MTAR is the In its simplest form MTAR is the maximum amount of money an maximum amount of money an insurance policy can hold on a tax insurance policy can hold on a tax sheltered basis.sheltered basis.

• Values in excess of the MTAR are Values in excess of the MTAR are transferred to a side account which is transferred to a side account which is taxed annually.taxed annually.

• Regulation 306 (1),(2),(3) and (4)Regulation 306 (1),(2),(3) and (4)

Page 9: The Risks Associated with “Universal Life” And……How to avoid them!!!! James Britton CFP

How was it Sold?How was it Sold?How was it Sold?How was it Sold?

• Illustration “War” sells an exciting story• Illustration “War” sells an exciting story

• Attracted Financial Planners to Life Insurance

• Attracted Financial Planners to Life Insurance

• Tax Free Cash Accumulation• Tax Free Cash Accumulation

• Tax Free Income• Tax Free Income

Page 10: The Risks Associated with “Universal Life” And……How to avoid them!!!! James Britton CFP

MTARMTARMTARMTARMax Funded Contract

0.00

500,000.00

1,000,000.00

1,500,000.00

2,000,000.00

2,500,000.00

3,000,000.00

3,500,000.00

1 5 9 13 17 21 25 29

MTAR

Account Value

Page 11: The Risks Associated with “Universal Life” And……How to avoid them!!!! James Britton CFP

Max Funded Contract

0.00

500,000.00

1,000,000.00

1,500,000.00

2,000,000.00

2,500,000.00

3,000,000.00

3,500,000.00

1 5 9 13 17 21 25 29

MTAR

Account Value

Max Funded Contract

0.00

500,000.00

1,000,000.00

1,500,000.00

2,000,000.00

2,500,000.00

3,000,000.00

3,500,000.00

1 5 9 13 17 21 25 29

MTAR

Account Value

The IllustrationThe IllustrationThe IllustrationThe Illustration

At 8% Linear Growth the Account Value is always less than the MTAR….

At 8% Linear Growth the Account Value is always less than the MTAR….

Page 12: The Risks Associated with “Universal Life” And……How to avoid them!!!! James Britton CFP

MTAR RiskMTAR RiskMTAR RiskMTAR Risk

• Why was it Sold Improperly?• Why was it Sold Improperly?

Page 13: The Risks Associated with “Universal Life” And……How to avoid them!!!! James Britton CFP

Why was it sold Improperly?Why was it sold Improperly?Why was it sold Improperly?Why was it sold Improperly?

• Competing for market share• Competing for market share

• Did not understand the Tax Risk• Did not understand the Tax Risk

• Did not understand the Investment Risk

• Did not understand the Investment Risk

Page 14: The Risks Associated with “Universal Life” And……How to avoid them!!!! James Britton CFP

MTAR RiskMTAR RiskMTAR RiskMTAR Risk Max Funded Contract

0.00

500,000.00

1,000,000.00

1,500,000.00

2,000,000.00

2,500,000.00

3,000,000.00

3,500,000.00

4,000,000.00

1 5 9 13 17 21 25 29

MTAR

Account Value

Equities

Max Funded Contract

0.00

500,000.00

1,000,000.00

1,500,000.00

2,000,000.00

2,500,000.00

3,000,000.00

3,500,000.00

4,000,000.00

1 5 9 13 17 21 25 29

MTAR

Account Value

Equities

Page 15: The Risks Associated with “Universal Life” And……How to avoid them!!!! James Britton CFP

Max Funded Contract - Simulated Rates

0.00

1,000,000.00

2,000,000.00

3,000,000.00

4,000,000.00

5,000,000.00

6,000,000.00

7,000,000.00

8,000,000.00

MTAR

Account Value

Max Funded Contract - Simulated Rates

0.00

1,000,000.00

2,000,000.00

3,000,000.00

4,000,000.00

5,000,000.00

6,000,000.00

7,000,000.00

8,000,000.00

MTAR

Account Value

$1,250,000 in taxes in 30 years$1,250,000 in taxes in 30 years

$630,000 Original Estate Value$630,000 Original Estate Value

1 15 301 15 30

The IllustrationThe IllustrationThe IllustrationThe Illustration

Page 16: The Risks Associated with “Universal Life” And……How to avoid them!!!! James Britton CFP

Max Funded Contract - Simulated Rates

0.00

1,000,000.00

2,000,000.00

3,000,000.00

4,000,000.00

5,000,000.00

6,000,000.00

7,000,000.00

8,000,000.00

MTAR

Account Value

Max Funded Contract - Simulated Rates

0.00

1,000,000.00

2,000,000.00

3,000,000.00

4,000,000.00

5,000,000.00

6,000,000.00

7,000,000.00

8,000,000.00

MTAR

Account Value

1 15 301 15 30

$630,000 Original Estate Value$630,000 Original Estate Value

The IllustrationThe IllustrationThe IllustrationThe Illustration

Page 17: The Risks Associated with “Universal Life” And……How to avoid them!!!! James Britton CFP

Max Funded Contract Increased Face -Simulated Rates

0.00

1,000,000.00

2,000,000.00

3,000,000.00

4,000,000.00

5,000,000.00

6,000,000.00

7,000,000.00

MTAR

Account Value

Max Funded Contract Increased Face -Simulated Rates

0.00

1,000,000.00

2,000,000.00

3,000,000.00

4,000,000.00

5,000,000.00

6,000,000.00

7,000,000.00

MTAR

Account Value

1 15 301 15 30

$1,750,000 Original Estate Value$1,750,000 Original Estate Value

The IllustrationThe IllustrationThe IllustrationThe Illustration

Page 18: The Risks Associated with “Universal Life” And……How to avoid them!!!! James Britton CFP

Max Funded Contract Increased Face -Simulated Rates

0.00

1,000,000.00

2,000,000.00

3,000,000.00

4,000,000.00

5,000,000.00

6,000,000.00

7,000,000.00

MTAR

Account Value

Max Funded Contract Increased Face -Simulated Rates

0.00

1,000,000.00

2,000,000.00

3,000,000.00

4,000,000.00

5,000,000.00

6,000,000.00

7,000,000.00

MTAR

Account Value

$65,000 in taxes in year 30$65,000 in taxes in year 30

1 15 301 15 30

$1,750,000 Original Estate Value$1,750,000 Original Estate Value

The IllustrationThe IllustrationThe IllustrationThe Illustration

Page 19: The Risks Associated with “Universal Life” And……How to avoid them!!!! James Britton CFP

Why is this education important?Why is this education important?Why is this education important?Why is this education important?

• Lawsuits!!• Lawsuits!!

• E & O Claims• E & O Claims

• Class Action Suits• Class Action Suits

• Public Image & Reputation• Public Image & Reputation

Page 20: The Risks Associated with “Universal Life” And……How to avoid them!!!! James Britton CFP

The SolutionThe SolutionThe SolutionThe Solution• KYC• KYC

• Investment Objectives• Investment Objectives

• Risk Tolerance• Risk Tolerance

Page 21: The Risks Associated with “Universal Life” And……How to avoid them!!!! James Britton CFP

MTAR Smoothing FeaturesMTAR Smoothing FeaturesMTAR Smoothing FeaturesMTAR Smoothing Features• AIG• AIG

• Maritime Life/ Manu• Maritime Life/ Manu

• National• National

Page 22: The Risks Associated with “Universal Life” And……How to avoid them!!!! James Britton CFP

Risk #2 – Increase and Risk #2 – Increase and Reversals??Reversals??Risk #2 – Increase and Risk #2 – Increase and Reversals??Reversals??

• Minimized• Minimized

• Optimized• Optimized

• Wealth Enhanced• Wealth Enhanced

• Fund Builder• Fund Builder

• Calibrator• Calibrator

• Accumulator• Accumulator

Page 23: The Risks Associated with “Universal Life” And……How to avoid them!!!! James Britton CFP

So Why is it Sold This Way?So Why is it Sold This Way?So Why is it Sold This Way?So Why is it Sold This Way?

• Lack of knowledge of the Risk• Lack of knowledge of the Risk

• To accommodate the “Illustration War”• To accommodate the “Illustration War”

Page 24: The Risks Associated with “Universal Life” And……How to avoid them!!!! James Britton CFP

So Why is it Sold This Way?So Why is it Sold This Way?So Why is it Sold This Way?So Why is it Sold This Way?

Account ValueAccount ValueMTAR of “Minimized Policy”MTAR of “Minimized Policy”

Regulation 306 Prohibits more than an 8% Increase.

Regulation 306 Prohibits more than an 8% Increase.

Page 25: The Risks Associated with “Universal Life” And……How to avoid them!!!! James Britton CFP
Page 26: The Risks Associated with “Universal Life” And……How to avoid them!!!! James Britton CFP

Risk #3 - The 250% RuleRisk #3 - The 250% RuleRisk #3 - The 250% RuleRisk #3 - The 250% Rule

This rule is to discourage the use of an This rule is to discourage the use of an insurance policy from sheltering large sums insurance policy from sheltering large sums of money from Inheritances, windfalls, etc. of money from Inheritances, windfalls, etc.

This rule is to discourage the use of an This rule is to discourage the use of an insurance policy from sheltering large sums insurance policy from sheltering large sums of money from Inheritances, windfalls, etc. of money from Inheritances, windfalls, etc.

The Anti Dump In Rule……….The Anti Dump In Rule……….

Page 27: The Risks Associated with “Universal Life” And……How to avoid them!!!! James Britton CFP

The 250% RuleThe 250% RuleThe 250% RuleThe 250% Rule

Policies can not shelter any more than 250% Policies can not shelter any more than 250% of the cash surrender value 3 years prior. of the cash surrender value 3 years prior.

It starts in the 10It starts in the 10thth year and continues every year and continues every year thereafter……year thereafter……

…… …….and I mean every year .and I mean every year thereafterthereafter

Policies can not shelter any more than 250% Policies can not shelter any more than 250% of the cash surrender value 3 years prior. of the cash surrender value 3 years prior.

It starts in the 10It starts in the 10thth year and continues every year and continues every year thereafter……year thereafter……

…… …….and I mean every year .and I mean every year thereafterthereafter

Page 28: The Risks Associated with “Universal Life” And……How to avoid them!!!! James Britton CFP

The 250% RuleThe 250% RuleThe 250% RuleThe 250% Rule

Year 7 $10,000

CSV

Year 7 $10,000

CSV

Year 10 $25,000

CSV

Year 10 $25,000

CSV

Page 29: The Risks Associated with “Universal Life” And……How to avoid them!!!! James Britton CFP

The 250% RuleThe 250% RuleThe 250% RuleThe 250% Rule

Year 7 $10,000

CSV

Year 7 $10,000

CSV

Year 10 $45,000 =

20,000 in CSV and 25,000 inheritance

Year 10 $45,000 =

20,000 in CSV and 25,000 inheritance

Page 30: The Risks Associated with “Universal Life” And……How to avoid them!!!! James Britton CFP

The 250% RuleThe 250% RuleThe 250% RuleThe 250% Rule

Year 10

$8,000

Year 10

$8,000

Year 8 $14,000

CSV

Year 8 $14,000

CSV

Year 11

$25,000

Year 11

$25,000

Year 7 $10,000

CSV

Year 7 $10,000

CSV

Page 31: The Risks Associated with “Universal Life” And……How to avoid them!!!! James Britton CFP

The 250% RuleThe 250% RuleThe 250% RuleThe 250% RuleYear 10$20,000Year 10$20,000Year 7

$14,000 CSV

Year 7 $14,000

CSV

Year 11

$25,000

Year 11

$25,000

Year 8 $10,000

CSV

Year 8 $10,000

CSV

Page 32: The Risks Associated with “Universal Life” And……How to avoid them!!!! James Britton CFP

Risk #4 – MER’sRisk #4 – MER’sRisk #4 – MER’sRisk #4 – MER’s

• Are they guaranteed

• Do they include IIT

• Are they guaranteed

• Do they include IIT

Page 33: The Risks Associated with “Universal Life” And……How to avoid them!!!! James Britton CFP

$950

$1,000

$1,050

$1,100

$1,150

$1,200

$1,250

$1,300

$1,350

Crediting Full Index & Dividends

Crediting Full Index No Dividends

Crediting Index With Div. - 90% up / 110% down weekly

Crediting Index With Div. - 90% up / 110% down daily

$950

$1,000

$1,050

$1,100

$1,150

$1,200

$1,250

$1,300

$1,350

Crediting Full Index & Dividends

Crediting Full Index No Dividends

Crediting Index With Div. - 90% up / 110% down weekly

Crediting Index With Div. - 90% up / 110% down daily

Risk #4 – 90%/110% TSE 300Risk #4 – 90%/110% TSE 300Risk #4 – 90%/110% TSE 300Risk #4 – 90%/110% TSE 300

Page 34: The Risks Associated with “Universal Life” And……How to avoid them!!!! James Britton CFP

S&P 500 ResultsS&P 500 ResultsS&P 500 ResultsS&P 500 Results

$925

$975

$1,025

$1,075

$1,125

$1,175

$1,225

$1,275Crediting Full Index & Dividends

Crediting Full Index No Dividends

Crediting Index With Div. - 90% up / 110% down weekly

Crediting Index With Div. - 90% up / 110% down daily

$925

$975

$1,025

$1,075

$1,125

$1,175

$1,225

$1,275Crediting Full Index & Dividends

Crediting Full Index No Dividends

Crediting Index With Div. - 90% up / 110% down weekly

Crediting Index With Div. - 90% up / 110% down daily

Page 35: The Risks Associated with “Universal Life” And……How to avoid them!!!! James Britton CFP

Risk #5 – Net ReturnsRisk #5 – Net ReturnsRisk #5 – Net ReturnsRisk #5 – Net Returns

•Index or Managed Funds????

•Value or Growth????

•Index or Managed Funds????

•Value or Growth????

Page 36: The Risks Associated with “Universal Life” And……How to avoid them!!!! James Britton CFP

-8.00%

-6.00%

-4.00%

-2.00%

0.00%

2.00%

4.00%

6.00%

8.00%

Dec-97 Dec-98 Dec-99 Dec-00 Dec-01

S&P/Barra Growth

S&P/Barra Value

-8.00%

-6.00%

-4.00%

-2.00%

0.00%

2.00%

4.00%

6.00%

8.00%

Dec-97 Dec-98 Dec-99 Dec-00 Dec-01

S&P/Barra Growth

S&P/Barra Value

S&P500S&P500

Do Investment Styles Truly Do Investment Styles Truly Perform Differently?Perform Differently?

Do Investment Styles Truly Do Investment Styles Truly Perform Differently?Perform Differently?

Last four years: S&P/Barra Value - S&P/Barra GrowthDeviation from the S&P 500Last four years: S&P/Barra Value - S&P/Barra GrowthDeviation from the S&P 500

Page 37: The Risks Associated with “Universal Life” And……How to avoid them!!!! James Britton CFP

Risk #5 – Net ReturnsRisk #5 – Net ReturnsRisk #5 – Net ReturnsRisk #5 – Net Returns

•Look at the period 1960 to 1982

•Dow Jones 550 grew to 1050

•Templeton

•1960 $9.10

•1982 $9.28

•1971 5/1 Stock Split

•1979 3/1 Stock Split

•Look at the period 1960 to 1982

•Dow Jones 550 grew to 1050

•Templeton

•1960 $9.10

•1982 $9.28

•1971 5/1 Stock Split

•1979 3/1 Stock Split

Page 38: The Risks Associated with “Universal Life” And……How to avoid them!!!! James Britton CFP

The Risks Associated with

“Universal Life”

And……How to avoid them!!!!

[email protected]

James Britton CFP

The Risks Associated with

“Universal Life”

And……How to avoid them!!!!

[email protected]

James Britton CFP

Page 39: The Risks Associated with “Universal Life” And……How to avoid them!!!! James Britton CFP

Thank YouThank You