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Monday, June 25, 2012
The Importance of Continuing Education
Sunday, June 20, 2010
Insurance Continuing Education - Sales Practices For Annuities
It would be nice if there were no such thing as an "unethical" agent, but unfortunately this is not the case. Therefore, regulations are in force to correct the practices that cause irreparable harm to our industry and to our profession. The most often targeted of our population by these miscreants are the elderly for a variety of reasons. Fortunately the Departments of Insurance and legislatures - locally, state and federal - have created special types of regulation protection these citizens, and this is true in the field of annuity sales. There is a chapter of this text dedicated to the problems of the senior citizens with discussions of appropriate regulations and penalties for those who ignore or disregard these regulations. This section discusses the sales practices of agents marketing annuities to anyone regardless of age, recognizing that some of this will be repeated in the later discussion of marketing to the seniors.
ADVERTISING
For the purpose of this discussion and regulations, "advertising" applies not only to "ads" (which actually is an abbreviation for advertisement...).
brochures, newspaper and other media articles, television and radio advertising - but primarily printed material. Envelopes, stationery, business cards and any other material that is used by an agent or insurer that are designed to describe the insurance product and to attempt to encourage a purchase of the insurance product - annuity for this discussion.Simply put, the regulations89 are intended to insure that the insurers and agents treat their clients honestly and openly. Therefore, any advertising must not mislead those who read it and act upon the information contained in the material (with special obligations to seniors, discussed later).
Advertising is also the material that is used to generate leads through reader response, generally followed by an agent calling.
It can advertise a meeting or seminar at which information is provided (also covered in detail in a separate section), or simply advertising the product of the insurer. If the advertisement is directed towards those age 65 or older, if the advertisement is used for leads, the advertiser must disclose in the advertisement that an agent may contact the person - if this is intended.If the name of the prospect is obtained from a lead source, the source must be disclosed to those over age 65.
Even though it is in nearly all agent's contracts, it does not hurt to point out that the insurance company must give an agent permission in writing before the agent can advertise the product.
SEMINARS, CLASSES, INFORMATIONAL MEETINGS
Agents and others who market financial products, attempt to obtain new clients by holding seminars, classes or information meetings. This is particular applicable in the Senior market, and is so discussed later in the text. Basically, the regulations require that for such a meeting to be advertised (to any age) that the advertiser must disclose their intention by adding "and insurance sales presentation" immediately following the words "seminar," "class," or "informational meeting."
ADVERTISING TO THE SENIOR MARKET
Marketing of annuities to those over age 65 have stricter prohibitions, and are so set forth in the chapter "Providing Annuities to the Senior Market."
PENALTIES FOR VIOLATION OF THE REGULATIONS
Any person or business in violation of the advertising regulations is subject to a stiff fine levied by the Insurance Commissioner. The fine for the first offense is 0, for the second offense it goes to 0, and for the third and later offenses, ,000. The maximum fine for any one violation is ,000. And if you are interested, the money goes into the Insurance Fund.63C
Wednesday, May 5, 2010
Insurance Continuing Education - IRS Penalties on Annuities
No matter what type of annuity you purchase, it is subject to a 10 percent IRS penalty for withdrawals of growth of income made prior to age 59 . No penalty is imposed on one's principal, i.e. the money put in by the owner is the owners money.
It makes no difference how old the annuitant (or owner) of the contract is, if they die then there is no penalty. Also, the Section 72 of the IRS Code states that the penalty is waived if the annuitant (or owner) is disabled. Generally, it must be the death or disability of the annuitant, not the contract owner or beneficiary, except where the contract is owner-driven, in which case all IRS penalties will be waived upon death or disability of the owner.
If the contract is annuitized, it will avoid penalty, but such annuitization must be elected by the contract owner within one year after investing in the annuity.
The final way in which the 10 percent IRS penalty can be avoided is the contract owner being age 59 1/2 or older.
Because of these penalties, annuities are usually recommended for younger people unless it is part of a retirement plan such as an IRA or pension plan or profit-sharing plan. Of course, there is always the exception of the person who has sufficient funds so that they would not have to touch the funds in case of an emergency. Annuities are ideal candidates for the investor who is near or past age 591/2.
Unless the contract is owner-driven, the owner can be any age, from newborn to centenarian. But even with the penalty, it could still make good sense for a young person(s) but would depend upon how soon the money is withdrawn and the assumed rate of growth.
Inside an annuity, the contract-holders money will grow and compound tax-deferred, not tax-free. To say it another way, any and all income tax liability can be postponed indefinitely. The death of one spouse will not trigger income taxes provided that the beneficiary was the surviving spouse. What happens when the surviving spouse remarries? The survivor can name themselves as the beneficiary and can name a new partner as the annuitant. When the last spouse dies, the beneficiary(s) can postpone taxes for up to an additional five years.
Income taxes are always due in the year in which income or growth of the fund is received. The return of principal is never taxed, regardless of who receives the money. The amount of taxes on the growth will be based on the tax bracket of the person receiving the funds. Unfortunately the taxable portion is always considered as ordinary income, and does not qualify for capital gains treatment.
As is obvious, taxes will have to be paid at some time or other. This may be considered as a negative but perhaps it is not all bad. For instance, the owner of the annuity decides when withdrawals are to be made. Therefore, one would attempt to take out the money when they are at the lowest income tax bracket, i.e. their income is the lowest. Frequently this is when the person retires.