Annuity/LTC Combos: Here They Come

May 31, 2009 at 08:00 PM
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The Pension Protection Act of 2006 includes some key provisions that address for the first time the taxation of combination annuity plans featuring LTC insurance.

The rules apply only to non-qualified annuities coupled with tax-qualified LTC riders. PPA clarified that, effective January 1, 2010, LTC insurance benefits paid out of these plans (even if a portion of those serves to reduce the underlying annuity account values) are paid as tax-free LTC insurance benefits.

This is unprecedented in the annuity world; previously, no mechanism allowed for contract gains to be paid out tax-free.

In addition, the law also allows for 1035 exchanges into combination plans. This is noteworthy in light of the many trillions of dollars deposited in existing annuities.

Given this new tax advantage, and the compelling need for LTC insurance that is not being sufficiently met by stand-alone LTC products, development of combination annuities to be introduced on or after Jan. 1, 2010, has been significant.

Carriers see this as an opportunity to enhance persistency to levels much higher than those seen with stand-alone annuities. They expect this to boost profitability on new combo business as well for any existing annuity contracts to which the LTC benefits are added.

Early indications are that many consumers are intrigued by the concept of an insurance vehicle that can provide protection against the risk of long term care, but that can also provide cash values even in the event that no LTC services are ever needed. This overcomes one of the major consumer concerns about stand-alone LTC insurance–the fear of a "use it or lose it" proposition.

Only a few companies have introduced combination products to date.

By some accounts, actual sales results have been ramping up gradually. However, 2008 first-year premium on combination plans has been estimated at $650 million (primarily single premium). That exceeds first-year stand-alone LTC premium (primarily annual premium) of roughly $600 million.

Over the next few years, the industry will address the challenges of rolling out these cutting edge products. But there are obstacles to overcome.

Simplify underwriting to protect the company without burdening the producer.

Agent training and licensing issues need to be addressed to enable the sales process. Sufficient compensation needs to be provided to incent producers to market the products. And word needs to get out to the field that combination products sold before Jan. 1, 2010 will receive favorable tax treatment after that effective date.

Solutions are on the way. Companies and wholesalers are preparing for producer education efforts. Underwriting standards and tele-underwriting techniques are being developed to reduce the burden on annuity producers and financial planners not familiar with LTC. Commission structures now in development will reward producers not only at policy issue but also, in some cases, through trail commissions that can be lucrative over time because of the long-term persistency expected on these plans.

Unique product design. The benefit payout structure under these plans is typically defined as an accelerated benefit, whereby LTC benefit payments are made from the annuity account value while waiving surrender charges. This is usually combined with some form of tail benefit payable monthly after account values are depleted (usually as a percent of annuity account value at the time of initial claim).

Example: 1/24 of the lifetime LTC benefit limit may be payable for 24 or more months from the account value, with a 12, 24, or 48 month extension of benefit "tail" as selected by the client. This creates the opportunity to convert what would have been partially taxable account values from the annuity into tax-free payouts (LTC benefits) equaling 150%-300% of account value.

There are several alternative structures, all of which combine accelerated benefits and independent benefits, but under different configurations. Certain market segments will likely find these new designs even more interesting than the tail design. There are also various ways to protect against the risk of LTC cost inflation.

Admittedly, not all consumers will actually use LTC services. But the risk of LTC utilization is sufficiently high (50% or more at ages 65 and up), and the cost versus potential benefits sufficiently compelling, that producers and companies will likely appreciate the power of combination plans.

With the new tax law reforms coming into place in 2010, this is a story that will be brought to the market. It should be fascinating to see which product designs and companies most effectively address consumer needs with these new products.

Carl A. Friedrich, FSA, MAAA, is a consulting actuary with Milliman Inc. in the Chicago offices. His e-mail address is [email protected]

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