The Rose’s Thorn: Increasing Premium Rates for Hybrid Life Insurance-LTC Policies

The popularity of combining life insurance with long-term care benefits has soared in recent years—for good reason. Premiums for long-term care insurance have increased dramatically, which has caused clients to turn to hybrid policies that, unlike traditional long-term care policies, are certain to provide some type of future benefit. Despite these benefits, new actuarial guidelines have been released that are likely to increase the premium rates for the life insurance portion of the hybrid policies, and the popularity of these hybrids means that an understanding of the new rules is crucial to help advise clients.

Actuarial Guideline 38

The National Association of Insurance Commissioners revised actuarial guideline 38 (AG 38) to address the problem of possibly inadequate reserve levels among life insurance companies that issue universal life policies with secondary guarantees (typically the type of policy that combines universal life insurance with long-term care benefits).

In many instances, the revised guidelines for calculating reserve levels will require life insurance companies to increase their reserves to ensure they are able to pay the benefits they have guaranteed. Revised AG 38 will apply retroactively to policies issued as early as July 1, 2005.

Because the revisions to AG 38 will likely cause life insurance companies to increase their reserve levels, it will make issuing these policies more expensive. And, because AG 38 applies to exactly the type of hybrid life insurance-long-term care policy that may have become increasingly popular among your clients, it is likely that this increased cost will be passed along to your clients in the form of higher premium payments.

While insurance companies have not released any definitive estimates of how much rates will increase, industry professionals have estimated that the increase will be at least 5%-10% but could be as high as 20%-25%.

Hybrids Likely to Remain Popular

Despite the potential for large rate increases next year, combining long-term care benefits with a life insurance policy will likely remain a popular planning technique. Long-term care insurance can be similarly expensive but does not guarantee that any benefits will ever be paid if the insured never requires long-term care.

Combining long-term care benefits with a life insurance policy that is guaranteed to provide an eventual death benefit gives hesitant clients a degree of certainty that can’t be found with traditional long-term care insurance. Even if the client never requires long-term care, he can still be certain that the policy beneficiaries will receive the death benefit value upon the death of the insured. Further, many of these policies allow the insured to borrow against the cash value of the policy during life. If the insured needs to use only a portion of the accelerated long-term care benefit, the remaining death benefit will still be passed on to the insured’s beneficiaries.

In general, because many large insurance carriers have recently exited the long-term care insurance market, straight long-term care insurance has become difficult to secure even where cost is not a controlling factor—leaving these hybrid policies as a very attractive alternative.

Conclusion

While revised AG 38 is bound to cause premium increases in hybrid life insurance-long-term care policies, this type of policy may still be right for your clients. With proper planning, a hybrid policy can provide your clients with the protection they need and the certainty that their investment will not be wasted.

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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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