Life Insurance Chapter 6

In California, a life insurer may issue blanket life insurance policies for a term not exceeding 1 year with premium rates less than the usual rates for such insurance as approved by the Commissioner. These policies may be renewed. Permitted blanket life insurance must conform to the following conditions:

-The policy is issued to a newspaper, farm paper, magazine, or other periodical publication (these are considered the policyholders). -The policy insures independent contractors, such as newspaper carriers, dealers, distributors, wholesalers, or other personnel engaged in the sale, distribution, collection, or other activities pertaining to the marketing and delivery of such publications. - The policy is written for the benefit of the persons insured, not the policyholder. - An individual (or guardian of a minor) can submit a written statement requesting not to be covered. If the number of persons filing such statements exceeds 10% of a specified category, coverage will not be issued or renewed.

types of buy-sell agreements

-cross purchase plan -entity plan

Survivor benefits

A monthly Survivor Benefit is payable to eligible dependents of a currently or fully insured deceased worker. A surviving spouse with a dependent child is entitled to monthly income until the youngest child reaches age 16 (or a disable child reaches age 22). Once the youngest child reaches age 16, the surviving spouse's benefits stop. An unmarried surviving spouse may start receiving retirement benefits at age 60. The blackout period is the time between when the youngest child reaches age 16 and the spouse is eligible for retirement benefits at age 60. Surviving children of a deceased worker are eligible for benefits and covered to age 18 or 19 if still enrolled in high school. Beginning at age 62, surviving parents are also eligible for monthly survivors benefits if being at least one half supported by the deceased worker.

Policy Continuation and Replacement

Extension of Benefits - The continuation of coverage under a particular benefit provided under a policy following discontinuance with respect to an employee or dependent who is totally disabled on the date of discontinuance. Replacement Coverage - Benefits provided by a succeeding carrier. Every policy containing a life insurance benefit must contain a reasonable extension of benefits upon discontinuance of the policy with respect to employees who become totally disabled while insured under the policy and who continue to be totally disabled at the date of discontinuance of the policy. Every policy containing a life insurance benefit which does not contain a disability benefit provision must include a reasonable extension of benefits upon discontinuance of the policy if it provides the totally disabled employee the same rights of conversion to an individual life insurance policy that the employee would have had if employment had terminated on the same date. The extension of benefits may be terminated if the employee or dependent is no longer totally disabled or at such time as a succeeding carrier may elect to provide replacement coverage to that employee or dependent without limitation as to the disabling condition.

insured status - fully insured

Fully insured status requires an individual to have earned 40 quarters or credits, which is approximately 10 years of employment. A fully insured worker has permanent coverage under Social Security and cannot lose this status. Benefits that may be received under fully insured status are: - Retirement income at age 62 or older - Spousal retirement at age 62 or older - Widows and widowers can begin receiving Social Security benefits at age 60 - Disability and survivor's income benefits - Premium-free Medicare Part A

the social security system - funding

Funding is provided by both employee and employer through Federal Insurance Contributions Act (FICA) withholding. The employer withholds the employee's contribution and pays it along with the employer's portion. Self-employed individuals pay an amount equal to the total of an employer and employee payment. Based on one's taxable income and number of years in the workforce, each covered employee earns credits toward fully insured status and entitlement to Social Security benefits. The credits are based on annual income and allow a worker to accumulate up to four credits, or quarters of coverage, per year. Once eligible, the amount of monthly Social Security benefits is calculated according to a basic formula which determines each covered worker's Primary Insurance Amount (PIA).

Characteristics of Group Insurance Plans

Group insurance is a contract between the sponsor and the insurance company. In a group insurance plan, the Insurer issues a Master Policy to the Plan Sponsor and each participant receives a Certificate of Insurance covering the participant and (if offered) his/her spouse and dependents. Participants in the plan do not have personal control of the policy or policy changes as with an individual policy. Group life insurance is available to employee groups as small as two persons, and the Insurance Code defines a number of specific groups that are eligible for group life insurance, such as elementary and secondary school teachers, employees of the state colleges and universities, and members of the National Guard. These larger groups must have at least 25 members.

Social Security Benefits

Retirement - At Full Retirement Age, a retired worker is eligible to receive monthly income equal to his/her PIA. The Full Retirement Age (FRA) varies based on year of birth but is up to age 67. Covered workers may begin receiving retirement benefits as early as age 62, however benefits will be permanently reduced. Delaying benefits beyond FRA will increase future benefits. Social Security retirement benefits may be modified each year for Cost-Of-Living Adjustments. Retirement benefits are also payable to qualified dependents of a covered or deceased worker. Death Benefits - A one-time lump sum payment of $255 may be made after the taxpayer's death. This death benefit is only payable to a surviving spouse or minor children. Disability Income Benefits - Pays monthly disability income benefits to a qualified worker once they become eligible based on the Social Security definition of a disability. The individual must be unable to perform the duties of ANY occupation for 5 months before applying for benefits. This waiting period is not retroactive. Once approved, benefits will be payable in the 6th month until the injured worker qualifies for retirement benefits.

social vs private insurance

Social insurance is designed to provide basic benefits that an insured can build upon. It is not designed to replace private insurance, but to supplement it. Contributions to private insurance plans are voluntary, whereas participation in Social insurance plans are mandatory in most cases.

Currently insured

The minimum requirement for workers under age 24 to obtain a currently insured status for disability benefits is to earn at least 6 quarter credits in the last 3 years (13-quarter period). Beginning at age 24, additional credits are required, based on the worker's age at the time of disability, to obtain currently insured status.

Group Underwriting

The underwriter's greatest concern when underwriting a group plan is adverse selection. To help protect against preexisting conditions and immediate claims, group plans have a probationary period set by the group sponsor. This is a waiting period between when an individual joins the group they can enroll in the group plan. As long as the individual enrolls during their initial eligibility period (usually the first 30 days of employment), coverage is guaranteed and evidence of insurability is not required. Individuals who do not enroll during the initial enrollment period are considered late enrollees and may be required to provide proof of insurability or be forced to wait until the next annual open enrollment period. Open enrollment periods are offered on an annual basis which allows individuals to enroll without evidence of insurability or to make changes. An individual can make changes at any time if they have a change in status, such as adding an eligible dependent or change in employment status, such as going from full- to part-time employment. The cost of the plan is determined by the average age, size, industrial classification (nature of the work involved), experience rating (the group's claims) and the personnel turnover history of the group. These factors are more important than the actual overall health of the group.

Group Conversion

There is a conversion period of 31 days in which the employee may, upon termination of eligibility and without evidence of insurability, convert his/her group life insurance benefit to an individual permanent policy. The premium will be at a higher than normal rate to include the insurer's guaranteed convertible surcharge because the majority of all conversions involve persons that would otherwise be uninsurable. Premiums will also be higher because the conversion policy will be issued at the attained (current) age of the insured and the policy will build cash values. The conversion period is also a grace period. In the event a terminated or ineligible employee dies during the conversion period, whether they were going to elect individual coverage or not, a death claim will be paid by the group policy, less the premium due for the benefit. Conversion Period Coverage - If an employee under a group policy becomes entitled under the terms of the policy to have an individual policy issued without evidence of insurability (as long as an application is submitted with the initial premium) and is not given notice of this right within 15 days prior to the 31-day expiration period, the employee must be given an additional period to exercise this right. The additional period will expire 25 days after the notice, but will not extend beyond 60 days after the 31-day period provided in the policy.

Nonqualified deferred compensation plan

This is an incentive plan in which an employer promises to pay highly compensated employees the full value of their voluntary salary deferral at a defined future point in time. Income taxes are deferred until the employee takes possession of the incentive funds. The employer is both the policyowner and the beneficiary. If the employee dies before retirement, the life insurance benefit is paid to the employer tax free, who in turn pays the employee's heirs, who will pay income tax. If the employee lives to retirement, the policy may be surrendered to pay the deferred compensation. A Supplemental Executive Retirement Plan (SERP) is a nonqualified deferred compensation plan that allows employers to provide additional retirement income to key, highly compensated employees beyond the benefits of traditional retirement plans. A Salary Continuation Plan is an agreement by an employer to continue a key employee's salary upon retirement, death or disability as long as the employee continues employment during the term of the agreement. Benefits are usually expressed as a percentage or multiple of salary and may be funded with life insurance.

Entity Plan

Under this plan, a business entity enters into an agreement in which it is obligated to purchase the deceased person's interest. The entity typically buys life insurance policies on each of the partners. The entity would then name itself as the beneficiary of each policy. The death benefit of the policy would be equal to the predetermined purchase price as stated in the buy-sell agreement. Upon death of one or more of the partners, the entity would use the death proceeds to purchase that partner's interest. For example, if ABC Enterprises is worth $300,000 and each shareholder is an equal owner of the company, then the company would buy three $100,000 life insurance policies, one on the life of each owner. The policies would be owned by the company. The company would be named as the beneficiary. At the death of one of the partners, the company would have the funds necessary to buy the deceased's interest in the company.

Eligible Employee groups in California must have the following characteristics:

- Covers not less than 2 public or private employees and will terminate if coverage falls below 2 lives - Issued to the employer with premiums being paid by the employer, employee, or jointly - Insures either all employees or all classes of employees as determined by conditions pertaining to employment - Written for the benefit of someone other than the employer, such as a trustee representing the employees and dependents - When written on a contributory basis, the benefits must be offered to all eligible employees - May be issued with or without a medical examination - Cannot provide for the employer to be named as beneficiary of the employee's policy

The following provisions must be included in a group policy as specified by the California Insurance Code:

- incontestability - misstatement of age - exclusions for war, military, and aviation risks - facility of payment

Exclusions for War, Military, and Aviation Risks

An employer group policy may provide for the exclusion or limitation of coverage for losses arising from conditions relating to war, military service, or aviation exposures.

Group Risk Selection

Group life insurance is normally less costly than individual insurance because the insurer's expense of underwriting is minimized. In group life insurance, underwriting is not typically looking at the insurability characteristics of any one member of the group.

cross purchase plan

Used when the partners of a business purchase life insurance on each other. At the death of one of the partners, policy proceeds are used to purchase that person's interest in the business from his/her heirs. Each partner owns insurance on each of the other partners. For example, if there are 3 partners in a company valued at $300,000, then each would have a $100,000 interest in the company. Each partner would purchase a policy on the other partners, providing for a total of 6 policies (3 x 2 = 6). Each policy would be valued at $50,000 (6 x $50,000 =$300,000).

There are two legal employer - employee plans

Contributory - Employees will be required to pay up to 100% of the premium payments, and at least 75% of all eligible employees must participate. Noncontributory - Employer pays the entire premium and 100% of the eligible employees must be covered. The percentage participation requirements are used to reduce adverse selection.

Third- party ownership

When a policy is owned by a person other than the insured, it is known as a third-party ownership. The three parties involved in a third-party ownership are the policyowner, insured, and insurer. Examples of third-party ownership policies are: - A husband owns a policy on a wife - A parent owns a policy on one of his/her children - A business owns a policy on a key employee - A business partner owns a policy on another business partner

business uses of life insurance

In addition to personal uses of life insurance, the business market also benefits from the purchase of life insurance. Business uses of insurance often mirror individual needs—to cover the unexpected death of business partners, executives, and key employees by providing funds for the continuation of the business, not for the heirs of the decedent.

Group plans may be sponsored by

employers, associations, debtors, labor unions, or trusts. The most common type of plan sponsor is an employee group. The employer may be a partnership, a corporation, or a sole proprietorship.

Some disadvantages of NOT having an agreement:

- Income to surviving family members stops - Surviving business owners may suffer a loss of income - Asset reduction due to forced liquidation - The estate transfer may be delayed due to forced business liquidation - Shares of ownership transfer to surviving relatives

misstatement of age

A group policy must contain a provision allowing for the adjustment of premium or amount of insurance payable in the event of a misstatement of the age of an employee. A death claim payable for an insured whose age was misstated will be adjusted in relation to the misrepresentation, but does not affect the benefit payable for any other insured.

buy-sell agreement

This agreement contractually establishes the intent to purchase, at a predetermined value, the assets of a business if one of the contract participants (such as a business partner) predecease the others. It may be used with a sole proprietorship, a partnership, or with stockholders of a closed corporation. Any type of life insurance may be used to provide funds for the Buy-Sell Agreement. Premiums are not deductible, and policy proceeds are received income tax-free.

Split - Dollar Plans

A Split-Dollar Plan is not a tax-qualified plan, but it does provide a benefit for the employee's family upon the death of an employee. Upon an employee's termination of employment, the policy may be purchased from the employer at the full cost basis of the policy. - This is a plan which insures the employee's life with premiums split between an employee and the employer. - At the death of the employee, the full death benefit, less the collateral interest of the employer, is paid to the employee's beneficiary. - A certain period of time must elapse before an employee is entitled to any of the cash value.

facility of payment

The insurer may pay to a relative or anyone it deems entitled to the benefits in the absence of a designated beneficiary.

dependents

California law also permits insurers to offer an employee's "spouse and all children from birth until age 26" to be covered for up to 100% of the employee's basic coverage amount. Disabled children who are not capable of self-support may continue to be covered beyond the limiting age as long as their disability is due to mental or physical handicap and chiefly dependent upon the employee for support and continuous maintenance. Proof of the child's incapacity and dependency must be furnished to the insurer within 31 days of the child's attainment of the limiting age. Subsequent proof may be required by the insurer, but not more frequently than annually after the 2-year period following the child's attainment of the limiting age. The decision of whether to offer this dependent coverage rests with the employer, and must be offered to 100% of eligible employees. This optional coverage may be paid for by the employer, the employee, or both.

A key employee is an employee who contributes substantially to the success of a company. They are typically:

- Part of the management team - More highly paid - Respected by customers, creditors, suppliers, and vendors - Directly responsible for sales, production, or service

California law requires that the basic coverage amount must be predetermined by the employer and not be subject to individual employee choice (employees may be offered optional additional coverage). The most common methods of determining group insurance benefits are:

-Flat benefit (all employees receive the same insurance amounts) -Based on a percentage of income (employees receive 100%, 150%, or 200% of their annual base wage, subject to imputed income) -Based on one's position in the company (the employer may establish different benefits for specific classes of employees, but may not discriminate between employees in the same class) The sponsor can elect to discontinue the plan, and the insurance company can increase the rates it charges. To be eligible for a group plan, the group must be a natural group, meaning it was formed for a purpose other than for procuring or reducing the cost of insurance. Group plans must also have a grace period of 60 days. Group insurance is usually written as annual renewable term

Some of the advantages of having such an agreement:

-It is legally enforceable - The value of the business is previously agreed upon - It is an immediate and automatic method of transferring the deceased's interest

Domestic Partners

An insurer may require the insured to verify the domestic partnership status by providing a copy of a valid Declaration of Domestic Partnership filed with the Secretary of State, an equivalent document issued by a local agency of this state, another state, or a local agency of another state under which the partnership was created. The policy may also require that the insured notify the insurer upon the termination of the domestic partnership. However, this will be required only if the policy requires the insured to notify insurer of marital status verification, such as marriage or divorce.

Credit Life Insurance (Individual and Group)

Credit life insurance is typically issued in the form of a group term life policy, and covers only the outstanding obligation of the insured debtor. The premium is either paid for by the debtor or the creditor. Although the purchase of credit life insurance is usually optional, it could be a standard requirement of the lender for all borrowers in order to qualify for a loan. If this is true, a debtor cannot be required to purchase the insurance from a specific agent or insurance company. When paid for by the debtor, the coverage tends to be single premium decreasing term, with the cost of the policy added to the amount borrowed. The borrower is free to obtain coverage from any admitted insurer. The creditor will be the irrevocable beneficiary, and in the event of the insured's death, the proceeds must be used to extinguish the debt. If the debt or policy is cancelled early, unearned premium must be refunded.

Key Person (Key Employee)

Key persons are employees whose contributions have a significant impact on the revenue and profitability of the company, especially in small businesses. The life insurance proceeds from a key person life insurance policy provides the necessary funds to recruit, hire, and train a replacement employee, restore lost profits, and reassure customers that the business operations will continue. Either term or permanent coverage can be used to fund the plan. The policy is owned by the employer, and may be retained by the employer or assigned to the employee upon termination of employment.

incontestability

The validity of the policy cannot be contested, except for nonpayment of premiums, after it has been in force for 2 years. However, each new insured added after the group policy is issued is subject to his/her own 2-year period of contestability based on enrollment application information

Group Insurance Market

ordinary individual insurance is issued on individual people using individual policies normally with an evidence of insurability requirement. The policyowner pays the premium with the cost and rating computed on an insured's life. The underwriter will consider age, gender, weight, health and tobacco use as this information applies to the prospective insured. The grace period is typically 60 days for all forms of insurance, including term and whole life. Group life insures a group of people under a single contract. The purpose of group life is to underwrite the combined risk of a group of individuals as a single policy. On the one hand, it serves the needs of individuals that may have trouble qualifying for coverage. Additionally, it allows the insurer to write a bulk amount of insurance at an appropriate rate. The group sponsor benefits both from the standpoint of employee retention, but also because costs are lowered because the sponsor takes on some of the tasks of marketing and administration.

Eligibility and selection of coverage

the sponsor may set the terms and determine which classes of employees qualify, such as full-time vs. part-time employee. The plan cannot discriminate, so all members of the eligible class of employees must be eligible for predetermined benefits based on a single formula.