NAIC Reviews Hybrid Annuities to Ensure Meaningful Guaranteed Income Promises

Hybrid income annuity products can be a great way to provide clients with a stream of income during retirement, especially when they offer guaranteed lifetime withdrawal benefits. Despite this, there are a number of reasons why clients may continue to resist locking their funds into an annuity. 

Typically, they worry about losing control of their retirement savings, or an insurance company’s failure to continue annuity payments should they die earlier than expected. The market turmoil of the past few years has generated an additional concern about the financial stability of the companies issuing annuity contracts. A recent National Association of Insurance Commissioners Life Insurance and Annuities Committee meeting should lead to new regulations that will clarify and conform hybrid income annuities in order to make them much easier to sell. 

What Is a Hybrid Income Annuity?

Hybrid income annuity products are annuities that are combined with a different type of annuity within the same annuity contract. For example, a contingent deferred annuity is an annuity that guarantees lifetime payments based on the value of the assets in the annuity account. Income payments are conditional upon the owner’s survival and the depletion of the assets in the account. Often, a GLWB rider is attached to the annuity to provide lifetime income payments that begin if there is a depletion or change in value of the annuity account’s assets. The addition of the GLWB rider is what makes the annuity a hybrid.

Synthetic hybrid income annuities, which are hybrid income annuities where the assets in the account are not owned by the insurer, are also being investigated, and would be subject to any new regulation. 

It is the guarantee component that has attracted regulators’ attention. In the past, this element was viewed as an option that was ancillary to the actual annuity product. Clients today regularly want guarantees built into their financial products, prompting the NAIC’s review into whether these features are accomplishing what providers have promised.

How Can the NAIC Review Help Your Clients?

The investigation will focus on consumer protection issues, including capital requirements and the methods used to determine the correct reserve levels for these products. The appropriate levels of exposure to market risk will also be examined. 

Though the final form of any regulations cannot be known at this early stage, they presumably would seek to ensure that life insurance companies selling hybrid annuity products take steps to make sure that their guarantees are effective by maintaining sufficient reserves and investing the annuity funds wisely.

Conclusion

The recent market volatility has depleted the retirement savings of many of your clients.  They have seen large financial firms fail and consolidate, and are often skeptical of a product that requires committing chunks of their retirement funds to a contract that probably won’t begin payouts for years. Simply put, they’re worried that the insurance company will not be around to make the payments. 

Consumer protection regulations can provide these clients with confidence in the product, because they are designed to ensure that the companies offering these products are taking steps to make sure that their assets remain safely invested well into the future.

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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

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. 

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