NASAA Commends Dateline NBC for busting Annuity Fraudulent Insurance Agents

From the North American Securities Administration Association website:

WASHINGTON, D.C. April 14, 2008—The North American Securities Administrators Association (NASAA) today commended Dateline NBC for its April 13 program, “Tricks of the Trade,” which exposed questionable sales practices that some insurance agents use to sell equity indexed annuities that may be unsuitable investments for seniors.

“Dateline’s producers and correspondent Chris Hansen are to be applauded for shining much needed light on abusive sales tactics deployed by sellers of equity indexed annuities, and for raising awareness among seniors of the risks associated with these complex, high-fee, high-commission products,” said NASAA President and North Dakota Securities Commissioner Karen Tyler. “Millions of investors across the country, many of them senior citizens, need immediate protection from the fraud and abuse that is taking place in the sale of equity indexed annuities.”

Tyler said equity indexed annuities lend themselves to abusive sales practices. “Agents portray equity indexed annuities in very alluring terms, and because these products are so complex, most investors cannot look behind the sales pitch and assess the high costs and significant risks they actually entail,” Tyler said. “At the same time, these investments offer such generous commissions that agents cannot resist selling them, regardless of how unsuitable they may be for investors.”

According to NASAA’s most recent enforcement survey, 34 percent of all cases of senior exploitation reported to state securities regulators involved variable or equity indexed annuities.

Tyler said NASAA also continues to urge the U.S. Securities and Exchange Commission to this year classify equity indexed annuities as securities subject to regulation under federal securities law. “This would go a long way toward ensuring that investors are provided with proper disclosures of all the costs and risks associated with these complex investments,” she said. “It also would deter abuse by subjecting unscrupulous salespersons to strong remedies under the securities regulatory structure”

10 ANNUITY MYTHS

Myth #1 - Every annuity is a variable annuity.
The performance of a variable annuity is based on how the stock market performs. Fixed and immediate annuities are not based on stock market performance. They offer guarantees through fixed minimum interest rates, thereby offering protection against loss of principal and earnings.

Myth #2 - Fixed annuities will never outperform inflation.
Fixed annuities guarantee a set interest rate over a specific period, which is often used to give long-term investments more growth return and tax advantages than bank certificates of deposit. Some investment advisors do not recommend fixed annuities because of their perception of future inflation; they feel that some risk must be taken to grow savings to maximize personal wealth. However, for investors who cannot afford to lose any of their life savings, risk should never be a substitute for long-term planning and new income generation.

Myth #3 - Indexed annuities are often sold inappropriately.

The indexed annuity (IA) was created as a hybrid accumulation vehicle, combining some of the growth potential of the stock market with the safety features of a fixed annuity. While potential upsides may be capped at 7 to 12 percent, investors do not have to worry about losing their life savings. IAs generally offer several options that guarantee minimum interest rates paid, regardless of performance.

Myth #4 - Annuities are all about penalties, surrender charges and fat commissions.

Surrender charges are a much maligned advantage of fixed annuities-not a disadvantage. If you have to sell a stock, bond, mutual fund or other investment vehicle 1 year, 2 years or more down the road to meet an unexpected emergency, can you say for certain what that investment will be worth at the time? The advantage of the fixed annuity, including IAs, is that the minimum value after surrender charges is clearly stated in the contract and in the disclosure statements. The value can only be higher, never lower, than what is expressly stated.
Like the 401(k) and the IRA, the annuity takes advantage of special legislation, which provides incentives for people to save more money for retirement. Annuity providers offer higher interest rates, guaranteed security, tax deferred accumulation and positive benefits for tax and distribution planning. Regarding commissions, the annuity is not a high compensation product. It is structured differently from other accumulation vehicles and over time generates similar commissions to other comparable products. Actually, since the market embraced the IA in 2001, EIA commissions have been steadily declining, going from 10.7 percent of premium in 2001 to 7.7 percent in 2005.

Myth #5 - Never invest IRA money in an annuity.

Consumers frequently hear the recommendation to disregard any advisor who recommends an annuity within an IRA. However, when safety is paramount and loss to principal is not an option, the annuity offers a higher rate of return than other investments. Many fixed and indexed annuities outperform other non-security investments while removing risk to principal and savings. The features of the product, not tax deferability, are why many clients choose the products for IRAs.

Myths #6 - Only deal with registered investment advisors.

Some of the criticism toward annuities comes from professional asset managers who earn their commissions as a percentage of the total money they manage and keep at risk for growth. Too often, seniors are talked into placing their money into vehicles that could instantly reduce their life savings. There is a big difference between the professional investor who wants to aggressively grow a $1 million-dollar portfolio and the retiree with $150,000 who likely needs every dollar to get through retirement without outliving savings. The latter may achieve their retirement goals just fine working with a licensed insurance agent or advisor who is not necessarily an RIA.

Myth #7 - Insurance agents aren't qualified to offer financial planning.

A securities license is only needed when selling speculative investments with the potential for loss. Many insurance providers focus on fixed and indexed annuities for retirement, in which loss to principal and earnings is not an option for their clients. They also undergo continual training and professional courses.

Myth #8 - Commission-based planners must be biased.

Financial firms created fee-based planning to ease client fears of non-objectivity. Their goal was to maximize medium term earnings and residual income, while having more control over client investments. Ironically, many within that field do not actively represent or sell fixed, indexed, or immediate annuities for retirement purposes, even in cases where there is no appropriate level of risk.

Myths #9 - Only deal with big, familiar names.

Brand visibility doesn't automatically mean the best rates, service and performance. Restrictive affiliations and objective advice do not normally go hand-in-hand.

Myth #10 - Carriers are pushing IA sales over other products.

This myth was addressed by Old Mutual Financial Network's president, Bruce Parker, in a recent presentation at the Annual Producers Forum and Expo in Milwaukee. A common annuity misconception resides around the idea that since index annuities are more profitable, companies put all of their money into selling only these products. The reality is that in order to maintain longevity in this business, a company must have a combination of diversification of product mix and balance of their product portfolio.

Understanding Two-Tiered Annuities

A Two-Tiered Annuity is a product with three different values.

The first value is the tier-one value is the premium accumulated with interest earnings, just like a regular fixed annuity. This value is available to the client if they decide to surrender their contract as a lump-sum after the surrender charge period.

The second value is the surrender value, which is the tier-one value less the surrender charge. This value is available to the client if they decide to surrender their contract as a lump-sum during the surrender charge period.

The third value is the tier-two value, which provides a benefit typically higher than the tier-one value and is only available to the client if they annuitize the contract. Tier-two benefits could include higher interest rates, higher index crediting, bonuses or other benefits which encourage the client to annuitize, thereby leaving assets longer with the insurance company. In some products clients must wait a certain period of time before they can access these higher tier-two values.

Why would a client buy a two-tier product?

Two-tier products can be valuable for the right client in several ways. If clients have a need for a lifetime stream of income, they could receive higher lifetime benefits under a two-tier product than under a regular deferred annuity that is annuitized or immediate annuity. Secondly, due to the design and pricing of two-tier products, tier-one credited rates could be higher than a non-tiered deferred annuity in the form of better participation rates, caps or fees.

What are some of the disadvantages of two-tier products?

These products may not be suitable for clients that have short-term liquidity needs or a desire to pass on lump-sum benefits to their heirs. In addition, clients usually have to wait a period of time to receive the higher tier-two values and annuitization is required to receive those values, which spreads the benefits out over a period of time.

Insurance agents should be very clear that their clients who are considering a two-tiered annuity understand the different values, how to access their values and the restrictions or consequences when they do. Clients should assess their needs and examine all aspects of an annuity product before determining if that particular annuity design fits their needs and financial goals.