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For agent/registered representative use only. Not for use with the public. cn66671122012
© 2010 ING North America Insurance Corporation2
Disclosures
• The ING Life Companies and their agents and representatives do not give tax or legal advice. This information is general in nature and not comprehensive; the applicable laws change frequently and the strategies suggested may not be suitable for everyone. Each taxpayer should seek advice from his or her tax and legal advisors regarding their individual situation.
• These materials are not intended to and cannot be used to avoid tax penalties; and they were prepared to support the promotion or marketing of the matter addressed in this document. Each taxpayer should seek advice from an independent tax advisor.
• ING Indexed Universal Life - Global Plus (ING IUL-Global Plus), policy form series #1182-12/10 with an equity indexed feature, varies by state and may not be available in every state. It is issued by Security Life of Denver Insurance Company, a member of the ING family of companies. Not available in New York. The index cap and index participation rate are subject to change for new index blocks. All guarantees are based on the financial strength and claims paying ability of Security Life of Denver Insurance Company which is solely responsible for the obligations under its own policies.
• Policy loans and withdrawals may reduce or eliminate index credits, generate an income tax liability, reduce available surrender value and reduce the death benefit, or cause the policy to lapse. Additionally, loans may limit the ability to make elections to the Indexed Strategy; if a loan results in amounts being deducted from a block prior to its block maturity date, no elections from the Fixed Strategy to the Indexed Strategy will be processed in the 36 months following the loan.
For agent/registered representative use only. Not for use with the public. cn66671122012
© 2010 ING North America Insurance Corporation3
Employees Are Facing Retirement Crisis
“The key sources of income retirees are relying on are either under attack, in the case of Social Security, or disappearing,
in the case of traditional pensions.”
- Ross Eisenbrey, VP of Economic Policy Institute
Source: “U.S. Retirement Deficit Reaches $6.6 Trillion,” Laura Bassett, Huffington Post (9/16/2010)
For agent/registered representative use only. Not for use with the public. cn66671122012
© 2010 ING North America Insurance Corporation4
Growing Retirement Deficit
According to a study by Boston College’s Center for Retirement Research, the U.S. has a “Retirement Deficit” of $6.6 trillion.
Retirement Deficit is the gap between the retirement savings of U.S. households and what they need to have in order to maintain their living standards past retirement
The current Retirement Deficit is roughly five times the projected federal deficit for 2010
Source: “U.S. Retirement Deficit Reaches $6.6 Trillion,” Laura Bassett, Huffington Post (9/16/2010)
For agent/registered representative use only. Not for use with the public. cn66671122012
© 2010 ING North America Insurance Corporation5
Potential for Increasing Tax Rates
• There is increasing concern that income tax rates will goup in the future
• If Income Tax Rates Go Up, Net Spendable Amount Goes Down
For agent/registered representative use only. Not for use with the public. cn66671122012
© 2010 ING North America Insurance Corporation6
Emerging Focus for Employers
Employers facing challenges in recruiting and retaining key talent
52% of U.S. companies reported problems recruiting critical-skill employees (Towers Watson Global Talent Management and Rewards Survey, 2010)
For agent/registered representative use only. Not for use with the public. cn66671122012
© 2010 ING North America Insurance Corporation7
Emerging Focus for Employers
• As the economy improves, key employees may search for better opportunities elsewhere
In a recent survey, 81% of employees said they would pursue new job opportunities as the economy improves
* ”Heading off a resume tsunami,” Deloitte – 2009
** Right Management Survey – November 2009
For agent/registered representative use only. Not for use with the public. cn66671122012
© 2010 ING North America Insurance Corporation8
Traditional Solutions – NQDC/SERP
• Employers have traditionally used Deferred Compensation Plans to recruit, retain, and reward key employees
• Many labels for the same concept:
Nonqualified deferred compensation (NQDC)
Supplemental executive retirement plan (SERP)
Corporate-Owned Life Insurance (COLI)
§ 409A plan
Salary continuation
401(k) Look Alike / 401(k) Mirror
For agent/registered representative use only. Not for use with the public. cn66671122012
© 2010 ING North America Insurance Corporation9
• Employer promises Key Employee future benefit (defined contribution or defined benefit)
• Employer informally funds promise by purchasing life insurance policy on Key Employee
• At retirement, or at death, Employee receives promised benefit from Employer
• Arrangement is subject to IRC § 409A
Traditional Solution – NQDC/SERP
For agent/registered representative use only. Not for use with the public. cn66671122012
© 2010 ING North America Insurance Corporation
Potential Benefits of NQDC/SERP Arrangements
For Employers:
“Golden Handcuffs”
Control of Funding Asset
Ability to Discriminate (i.e., offer benefits to select employees)
Cost Recovery
For Employees:
Tax Deferral
Supplemental Retirement Income
For agent/registered representative use only. Not for use with the public. cn66671122012
© 2010 ING North America Insurance Corporation11
Concerns with NQDC Paradigm
EmployerNo Current Tax Deduction
Funding Risk
Regulatory Restrictions
Balance Sheet Risk
Cost of Administration
Complexity
EmployeeFuture Tax Uncertainty
Exposure of Funding Asset
Potential 20% Penalties
No Portability
No Flexibility
Complexity
For agent/registered representative use only. Not for use with the public. cn66671122012
© 2010 ING North America Insurance Corporation12
Key Question
If there were a way to potentially provide a Key Employee with the same net
benefit amount and eliminate the risks and concerns we’ve just discussed,
would you be interested?
For agent/registered representative use only. Not for use with the public. cn66671122012
© 2010 ING North America Insurance Corporation14
S.O.L.A.R. Insurance Arrangements
• Self-Owned Life And Retirement (S.O.L.A.R.) Insurance Arrangement funded with ING Indexed Universal Life – Global Plus (ING IUL-Global Plus) Life Insurance
An arrangement where Employee purchases an ING IUL-Global Plus policy for death benefit protection and as a potential source of retirement income.
Premium payments may be provided by Employer as a tool to Recruit, Reward, and Retain key talent
Select Loan feature available to help Employee pay income taxes due on funds used to pay premiums
* A portion of the policy’s surrender value may be available as a source of supplemental retirement income through policy loans and withdrawals. Income tax free policy distributions may be achieved by policy loans or withdrawing to the cost basis (usually premiums paid). This assumes the policy qualifies as life insurance, is not a modified endowment contract and is not lapsed or surrendered with an outstanding loan. Select Loans have the risk that policy performance may be lower than projected if the amount credited to the account value in the Fixed Strategy and/or Indexed Strategy is less than the fixed 6% interest charged on the policy loan. Detailed additional information about policy loans is located in the policy form and any personal policy illustration.
For agent/registered representative use only. Not for use with the public. cn66671122012
© 2010 ING North America Insurance Corporation15
Addressing Employer Concerns
NQDC
No Current Tax Deduction
Funding Risk
Regulatory Restrictions
Balance Sheet Risk
Cost of Administration
Complexity
S.O.L.A.R. Insurance Arrangement
potential benefits
Current Tax Deduction (if reasonable compensation)
Generally No Future Funding Obligations
Not Subject to §§ 409A or 101(j)
No Balance Sheet Impact
Little or No Administration
Simple Arrangement
For agent/registered representative use only. Not for use with the public. cn66671122012
© 2010 ING North America Insurance Corporation16
Addressing Employee Concerns
NQDC
Future Tax Uncertainty
Exposure of Funding Asset
Potential 20% Penalties
No Portability
No Flexibility
Complexity
S.O.L.A.R. Insurance Arrangement
potential benefits
Taxes Paid at Today’s Rates
Not Subject to Employer Creditors
Not subject to § 409A
Executive Owns Policy
Executive Determines How to Use Policy
Simple Arrangement
For agent/registered representative use only. Not for use with the public. cn66671122012
© 2010 ING North America Insurance Corporation17
Potential Disadvantages of S.O.L.A.R. Insurance Arrangements
For Employers:
No Control of Funding Asset
No Cost Recovery
For Employees:
No Tax Deferral