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C. Uses of Annuities

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Educational Objective
  • II.C.3. Be able to identify the business and personal uses for annuity products.

1. Personal Uses

Lump-Sum Settlements

Annuities can be an ideal vehicle for someone who suddenly receives a large sum of money — an inheritance, a lottery win, damages from a lawsuit, proceeds from selling a business, or a lump-sum distribution from a qualified pension plan. In these situations, a person may use a single premium immediate annuity to convert that lump sum into a stream of periodic income.

Retirement Income

Because annuities are a popular vehicle for retirement income, they are frequently used to fund qualified retirement plans — plans that meet IRS guidelines and therefore receive favorable tax treatment.

Qualified vs. Nonqualified

A qualified plan conforms to federal tax law requirements, and the IRS treats an employer's contributions to the plan as tax-deductible business expenses. Contributions grow without being taxed during the accumulation period, and the employee is not taxed on the employer's contribution until benefits are actually received. Qualified plans must also avoid discriminating in coverage, contributions, or benefits in favor of highly compensated employees, shareholders, or company officers.

A nonqualified plan is one where contributions are not exempt from taxation. Even so, any increase in the funds during the accumulation period remains untaxed until it is actually received.

Guaranteed Minimum Withdrawal Benefit

A Guaranteed Minimum Withdrawal Benefit (GMWB) is an optional feature some retirement annuities offer, allowing the annuitant to withdraw a maximum percentage of their investment each year until the original investment has been fully recovered. This feature protects the annuitant against investment losses.

Qualified retirement annuities can be individual — such as an individual retirement account (IRA) — or group, such as a tax-sheltered annuity (TSA) or a profit-sharing pension plan.

Individual Retirement Annuity

Anyone with earned income is eligible to establish an IRA (Individual Retirement Annuity or Account). An individual may contribute up to 100% of earned income, up to a specified annual limit. A married couple may together contribute double the individual limit, even if only one spouse has earned income — but each spouse must maintain a separate account, and neither account may exceed the individual contribution limit. Excess contributions to a traditional IRA are subject to a 6% penalty until the excess is withdrawn.

Earned income refers to salary, wages, and commissions — it does not include income from investments, unemployment benefits, or trust distributions.

Contributions to a traditional IRA are generally tax deductible in the year they are made. Anyone not participating in another qualified retirement plan may deduct the full contribution amount, up to the applicable limit. Someone who does participate in another qualified plan is subject to income limitation tests that determine how much, if any, of their IRA contribution is deductible. Individuals not covered by an employer-sponsored plan may deduct the full amount of their IRA contribution regardless of income level.

Whether or not the contribution itself was deductible, IRA assets always grow on a tax-deferred basis.

Tax-Sheltered Annuity — 403(b)

A 403(b) plan, or tax-sheltered annuity (TSA), is a qualified plan available to employees of certain nonprofit organizations under Section 501(c)(3) of the Internal Revenue Code, as well as to employees of public school systems.

Contributions may be made by the employer or by the employee through salary reduction, and are excluded from the employee's current taxable income. As with other qualified plans, 403(b) contributions are capped at a maximum amount that changes annually to adjust for inflation, and the same catch-up contribution provisions apply.

Know This

403(b) plans are available to employees of nonprofit organizations and public-school systems.

Education Funds

Beyond retirement income and estate liquidation, annuities can also be used to accumulate funds for a child's college education, providing tax-deferred savings toward future education expenses.

Long-Term Care Needs

Under the Pension Protection Act of 2006, annuity owners are permitted to transfer funds from an annuity to pay long-term care insurance premiums on a tax-free basis. Previously, distributions from a nonqualified annuity used for this purpose were taxable; now, such distributions can be used to pay long-term care premiums and, in many cases, avoid taxation on the annuity's gains altogether. As a result, many insurers now offer hybrid annuity products with a built-in long-term care feature, providing income, long-term care coverage, or both.

2. Business Uses

While a business may use an annuity purely as an investment vehicle, annuities are more commonly used by businesses to fund employee retirement plans, whether established by a single employer or jointly with other employers or a labor union. Such a plan may cover the employees of one particular business, or it may be a multiemployer plan serving workers from a number of related or unrelated firms. These plans supplement Social Security retirement benefits once an employee retires, and the employer benefits from offering the plan through improved employee retention.

3. Suitability

Educational Objective
  • II.C.9. Be able to identify the following: a. The required suitability information to be obtained prior to making recommendations to a consumer; b. Exceptions to suitability as stated in CIC 10509.912; c. The need for consumer's awareness of liquidity limitations or surrender charges; d. The standards for determining whether an agent's recommended transactions meet a consumer's insurance needs and financial objectives.

The principal use of an annuity is to provide retirement income, though it may also be used for any accumulation of cash or simply to liquidate an estate. Because annuities can serve so many different purposes, agents must always evaluate how well a recommended product fits the applicant's particular needs and resources — this is known as the suitability of a product.

Know This

The main use of annuities is to provide retirement income.

It is a producer's responsibility to ensure that annuity transactions address a consumer's needs and financial objectives. To satisfy suitability requirements, producers must make a reasonable effort to obtain relevant information from the consumer and evaluate the following factors:

  • Age
  • Annual income
  • Financial situation and needs, including financial resources used to fund the annuity
  • Financial experience
  • Financial objectives
  • Intended use of the annuity
  • Financial time horizon
  • Existing assets, including investment and life insurance holdings
  • Liquidity needs
  • Liquid net worth
  • Risk tolerance
  • Tax status
  • Potential reverse mortgage
  • Intention to apply for means-tested government benefits (e.g., Medi-Cal, veteran's aid and attendance benefit)

Insurers are required to establish standards, procedures, and a system to supervise recommendations to consumers that result in annuity transactions. In the case of an exchange or replacement of an annuity, the exchange or replacement must be suitable, and the consumer must be informed of relevant features of the annuity, such as the potential surrender period and surrender charges, tax penalties, mortality and expense fees, potential charges for riders, and market risks.

Suitability requirements do not apply to the following transactions:

  • Direct response solicitations where there are no recommendations based on information collected from the consumer
  • Employee pension or welfare benefit plans covered by the Employee Retirement Income Security Act (ERISA)
  • A plan described by Section 401(a), 401(k), 403(b), 408(k), or 408(p) of the Internal Revenue Code
  • Government or church plans
  • Employer-sponsored nonqualified deferred compensation plans
  • Settlements of, or assumptions of liabilities associated with, personal injury litigation or any dispute or claim resolution process
  • Prepaid funeral contracts

Key Takeaways
  • Personal uses of annuities include converting lump sums into income, funding retirement (qualified vs. nonqualified plans), IRAs, 403(b) tax-sheltered annuities for nonprofit/public-school employees, education savings, and tax-free transfers to long-term care premiums under the Pension Protection Act of 2006
  • Earned income is required to fund an IRA; excess contributions carry a 6% penalty; IRA assets grow tax-deferred regardless of whether the contribution itself was deductible
  • Business uses center on funding employee retirement plans, which supplement Social Security and improve employee retention
  • Suitability requires evaluating factors such as age, income, financial situation, objectives, time horizon, liquidity needs, risk tolerance, and intention to apply for means-tested benefits
  • Suitability requirements do not apply to certain transactions, including ERISA plans, specified IRC-section plans, government/church plans, personal injury settlements, and prepaid funeral contracts