An Annuity Alternative to LTC Insurance

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Can long-term care annuities supplement or expand the LTC portion of your practice? LTC insurance is a powerful wealth-preserver for individuals who qualify and families that can afford it, but despite its value, LTC insurance can be a tough sell.

Insurability issues can put LTC insurance out of reach for clients with health problems, and resistance to paying for an insurance product that may never pay off may keep your clients away from the table.

Enter LTC annuities—also referred to as hybrid annuities. As the name implies, the product functions like a deferred annuity, but offers an increased payout, typically equal to 200 or 300 percent of the face value of the annuity, if the annuitant needs LTC. Payments may continue for a fixed period, or, if an optional rider is purchased, payments for LTC can continue for the rest of the annuitant’s life. LTC annuities are purchased as are any deferred annuity, usually with a lump-sum premium of at least $50,000.

As more carriers pull back from the LTC insurance market, decreasing competition and increasing rates, the availability of these annuities are a boon for advisors and clients who seek more LTC options. They are especially valuable for those who understand the value of LTC planning, yet may be unable to qualify for LTC insurance because of health problems or age.

The underwriting for LTC annuities often is far less stringent than for LTC insurance, opening the product to a broader range of clients. The application for a LTC annuity may ask whether the applicant has been diagnosed with cancer or another serious disease. But beware that it may take some shopping around to find the right product, because underwriting standards  differ from carrier to carrier, and may even diverge between products.

LTC annuities also may be the perfect antidote for clients who qualify for LTC insurance but  don’t like the idea of paying into a policy that may never pay a benefit and won’t leave anything for their beneficiaries. One key selling point of LTC annuities over their insurance cousins is that, unlike most LTC insurance, if the annuitant doesn’t need LTC, the annuity will grow in value and pass to the annuitant’s beneficiaries.

For clients who don’t want to commit significant capital to a product that leaves nothing for their beneficiaries, LTC annuities offer a generous death benefit equal to the accumulated value of the annuity. Or, if the annuitant requires LTC, the amount of the premium paid into the annuity, less the LTC benefit paid during the annuitant’s life.

One disadvantage of LTC annuities over traditional annuities is that their payout can be significantly smaller. But LTC annuities have a tremendous tax advantage over standard deferred annuities. The Pension Protection Act of 2006 changed the taxation of LTC products, and as of 2010, payments received from a LTC annuity will not be taxed if they are used to pay for LTC expenses. Considering the income tax savings of an LTC annuity, the lower crediting rate starts to look a lot more enticing.

For couples, there’s a relatively new option in LTC planning, joint LTC annuities. Certified LTC specialist Randy Gallas, of the long-term Care Insurance Agency, says that “a joint annuity can be a great way to leverage dollars allocated by a couple for LTC expenses.” Joint LTC annuities allow both spouses to pay LTC expenses from this product.

For example, using one carrier’s illustrations, a couple that wants to

self-insure their LTC risk can exchange an existing annuity (1035 exchange) for a hybrid LTC annuity that will pay long-term care expenses tax free.   

For instance, a 65-year-old couple that repositions $200,000 from an existing non-qualified annuity can leverage over $500,000 of long-term care benefits. If both spouses pass away and neither uses the hybrid annuity, their beneficiaries or estate can receive all or most of the original investment (age dependent) back.  

“For those planning to self-insure, why not do that with a product that can give them their principal back?” asks Gallas. Currently, only a small number of carriers offer joint LTC annuities.

Conclusion

LTC annuities can supplement your book of business by overcoming resistance to other LTC products and giving otherwise uninsurable clients the LTC protection they need. Here are some key points to remember:

  • Payments received from a hybrid annuity for LTC expenses are received tax free.
  • A 1035 exchange is a great way to move funds from a standard deferred annuity to an LTC annuity if the standard annuity isn’t needed for retirement income purposes.
  • On average, men don’t need LTC as often as women. Consider a joint LTC annuity for couples.
  • Unlike LTC insurance, LTC annuities offer a death benefit for loved ones. The benefit will be much higher if the annuitant does not use the contract’s LTC benefit.

For additional coverage of this issue and similar ones, we invite you to sign up with AdvisorOne’sSummit Business Media partner, AdvisorFX, for a free trial.

You may also be interested in signing up for a free trial with another Summit Business Media partner, Tax Facts Online.

See also The Law Professor's blog at AdvisorFYI.

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About the Author
Robert Bloink, Esq., LL.M.

Robert Bloink, Esq., LL.M.

Robert Bloink is a professor of tax for the Graduate Program of International Tax and Financial Services, Thomas Jefferson School of Law.

Previously, he served as Senior Attorney in the IRS Office of Chief Counsel, Large and Mid-Sized Business Division, where he litigated many cases in the U.S. Tax Court, served as Liaison Counsel for the Offshore Compliance Technical Assistance Program, coordinated examination programs audit teams on the development of issues for large corporate taxpayers, and taught continuing education seminars to Senior Revenue Agents involved in Large Case Exams. In his governmental capacity, Mr. Bloink became recognized as an expert in the taxation of financial structured products and was responsible for the IRS’ first FSA addressing variable forward contracts. Mr. Bloink’s core competencies led to his involvement in prosecuting some of the biggest corporate tax shelters in the history or our country.

 

Mr. Bloink's insurance practice incorporates sophisticated wealth transfer techniques, as well as counseling institutions in the context of their insurance portfolios and other mortality based exposures. 

About the Author
William H. Byrnes, Esq.

William H. Byrnes, Esq.

Prof. William H. Byrnes, Esq., LL.M., CWM, Fellow

Prof. William H. Byrnes, Esq., LL.M., CWM, Fellow, is the leader of Summit Business Media's Financial Advisory Publications, having been appointed July 1, 2010. He has been an author and editor of 10 books and treatises and 17 chapters for Lexis-Nexis, Wolters Kluwer, Thomson-Reuters, Oxford University Press, Edward Elgar, and Wilmington, as well as numerous commissioned, peer-reviewed, and law review articles. He was a Senior Manager, then Associate Director of international tax for Coopers and Lybrand, which subsequently amalgamated into PricewaterhouseCoopers, practicing in Africa, Europe, Asia, and the Caribbean.

He has been commissioned and consulted by a number of governments on their tax and fiscal policy from policy formation to regime impact. He has served as an operational board member for companies in several industries including fashion, durable medical equipment, office furniture, and technology. Since 1994, he has been a professional trainer for professional association conferences, government workshops, and financial service institutions in-house meetings.

Before Associate Dean Byrnes joined the administration of Thomas Jefferson School of Law, he was a tenured law faculty member at St. Thomas School of Law. He serves on the Academic Committee of the American Academy of Financial Management. He created the first online graduate program offered to wealth managers and life insurance producers without any legal background—see http://llmprogram.tjsl.edu (Graduate Program of International Tax and Financial Services, Thomas Jefferson School of Law).

Email: wbyrnes@nationalunderwriteradvancedmarkets.com

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