Suitability of Annuity and Life Insurance Transactions for Seniors
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Suitability of Annuity and Life Insurance Transactions for Seniors provides an in-depth examination of annuity and life insurance for Seniors in the United States with an emphasis on the regulations and policies that govern it and the types of annuities according to premiums paid, payout and investment options. This textbook provides a wealth of information regarding annuities, including public policy regarding Florida legislation protecting seniors and duties of insurers and insurance agents, and is a good source of information both for those new to annuities and senior life insurance transactions as well as a great review for those who are the more experienced in the field.
Michael Lustig
Michael Lustig is a graduate of the University of San Diego, California and a former Professor at California State University at Pomona and Immaculate Heart College (Los Angeles). He has been a California Real Estate Broker and the Owner and President of Real Estate License Services, a California real estate and insurance licence school, since 1978, offering state-approved license courses in 47 states and the District of Columbia. He is the author of 35 books on real estate and insurance topics.
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Suitability of Annuity and Life Insurance Transactions for Seniors - Michael Lustig
SUITABILITY OF ANNUITY AND LIFE INSURANCE TRANSACTIONS FOR SENIORS
Prepared by Michael Lustig
Contributing Editor: Denise Iona
Distributed by:
Real Estate License Services
5059 Newport Ave. #209
San Diego, CA 92107
Phone Toll-Free 1-800-877-5445
Smashwords Edition
© Copyright 2010 - 2006 by Michael Lustig, Real Estate License Services. Copyright registered. All contents protected by laws of copyright. No portion of this book may be reprinted, reproduced, transmitted, stored in a retrieval system or on the Internet, or otherwise utilized in any form or by any means, electronic, mechanical, or otherwise, including photocopying or recording, now existing or hereinafter invented, nor may any part of this book be used for teaching without the prior written consent of Michael Lustig.
Contents
CHAPTER ONE: NEW FLORIDA LEGISLATION PROTECTING SENIORS
INTRODUCTION
SENIORS AT RISK
THE JOHN AND PATRICIA SEIBEL ACT
DEFINITIONS - SUITABILITY - COMPARISON OF BENEFITS - FREE LOOK PERIOD- ETHICAL CONDUCT - USE OF DESIGNATIONS - FALSE SIGNATURES - PENALTIES - COMPLAINTS - CONTINUING EDUCATION REQUIREMENT
CHAPTER ONE QUIZ
ANSWERS TO CHAPTER ONE QUIZ
CHAPTER TWO: ANNUITY PRODUCTS
INTRODUCTION
ISSUE AGES - ANNUITY CONTRACT PHASES - THE PROCESS OF ANNUITIZATION
ANNUITY TYPE ACCORDING TO PREMIUMS PAID
IMMEDIATE ANNUITIES - DEFERRED ANNUITIES
ANNUITY TYPE ACCORDING TO PAYOUT
IMMEDIATE ANNUITIES—SINGLE PREMIUM - DEFERRED ANNUITIES—SINGLE PREMIUM - DEFERRED ANNUITIES—FIXED PREMIUMS - DEFERRED ANNUITIES—FLEXIBLE PREMIUMS
ANNUITY TYPE ACCORDING TO INVESTMENT OPTIONS
FIXED ANNUITIES - VARIABLE ANNUITIES - EQUITY INDEXED ANNUITIES - MARKET VALUE ADJUSTED ANNUITIES - GROUP ANNUITIES - SETTLEMENT OPTIONS
CHAPTER TWO QUIZ
ANSWERS TO CHAPTER TWO QUIZ
CHAPTER THREE: DUTIES OF INSURERS AND INSURANCE AGENTS
INTRODUCTION
COLLECTING NECESSARY INFORMATION
PERSONAL INFORMATION - INVESTMENT OBJECTIVES - RISK TOLERANCE - FINANCIAL SITUATION AND NEEDS - EXISTING ASSETS - ANNUAL INCOME - TAX STATUS - LIQUID NET WORTH AND LIQUIDITY NEEDS - THE INTENDED USE OF THE ANNUITY - SOURCES OF FUNDS TO PURCHASE THE ANNUITY - OTHER RELEVANT INFORMATION
IF THE INFORMATION IS NOT PROVIDED
IF THE SENIOR IS CURRENTLY HOLDING AN ANNUITY CONTRACT
IF THE TRANSACTION IS AN EXCHANGE
DISCLOSURE
CREDITING METHODS - GUARANTEED INTEREST CREDITS - ADVANTAGES OF TAX DEFERRAL - POTENTIAL TAX IMPLICATIONS - RISK FACTORS
SUPERVISORY SYSTEMS
AGENT PROCEDURES TO ENSURE SUITABILITY COMPLIANCE
CHAPTER THREE QUIZ
ANSWERS TO CHAPTER THREE QUIZ
CHAPTER FOUR: ETHICAL CONSIDERATIONS
INTRODUCTION
THE ISSUE OF BUYER COMPETENCE
LEGAL CAPACITY TO CONTRACT
UNIQUE ETHICS AND COMPLIANCE ISSUES
POLICYHOLDER BILL OF RIGHTS
AGENT CODE OF ETHICS
FLORIDA ADMINISTRATIVE CODE - THE NATIONAL ASSOCIATION OF INSURANCE AND FINANCIAL ADVISORS (NAIFA)
AGENT FIDUCIARY RESPONSIBILITY
CASE LAW AND FIDUCIARY RESPONSIBILITY
MITIGATION OF RESPONSIBILITY
REASONABLY APPROPRIATE ACTION - PENALTIES MAY BE REDUCED OR ELIMINATED
HARM TO A CONSUMER
UNFAIR METHODS OF COMPETITION AND UNFAIR OR DECEPTIVE ACTS
PROHIBITED PRACTICES
PENALTIES
HEARING REQUEST - ADMINISTRATIVE FINES - PROBATION
RECORDKEEPING
REPRESENTING UNAUTHORIZED ENTITIES
CHAPTER FOUR QUIZ
ANSWERS TO CHAPTER FOUR QUIZ
CHAPTER ONE: NEW FLORIDA LEGISLATION PROTECTING SENIORS
INTRODUCTION
Annuity sales have become big business in recent years. This is of special concern in Florida because of the state’s high number of senior residents. According to the U. S. Census Bureau, Florida has the highest proportion of elderly (ages 65 and over), 19 percent. Seniors are especially at risk and vulnerable when it comes to sales pitches of any kind.
Many senior citizens have amassed significant savings, have benefited from real estate appreciation, and have had the advantage of long-term employment and pension plans. As a result, they are often targeted differently from a marketing perspective than younger people without such assets.
Insurance companies, brokerage firms, and financial planners understand the money to be made by selling annuities to this group. Significant growth opportunities exist for annuity products because of favorable demographic and economic trends, and many issuers and financial professionals are directing their marketing efforts toward older Americans.
Older consumers are understandably concerned about medical care and costs, increasing living expenses and inflation, the reliability of our Social Security system, and even pension uncertainties. In homes and retirement communities, seniors with time on their hands and money in the bank are inundated with sales pitches over invitations to breakfast, lunch, and dinner.
Clearly, senior citizens are a growing market and increasingly likely to hear sales pitches for annuities, most of which are legitimate presentations but, unfortunately many of which are motivated by hefty commissions. Variable annuities can generate sales commissions two to twenty times higher than sales commissions gained through the sales of mutual funds. They pay a large up front commission