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Tuesday, August 08, 2006
Lynn O'Shaughnessy :: Townhall.com Columnist
Equity indexed annuities can come back to bite you if cash needed
by Lynn O'Shaughnessy
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An elderly woman in my community learned not too long ago that she needed dentures. She had enough money to pay for the new teeth, but she discovered that her funds, while technically hers, couldn't be touched.

The bad guy in this pitiful case was an insurance company, which had capitalized on an ingenious way to make money off an easy mark.

What the woman with the bad molars had bought was an equity indexed annuity. Promoters attract unsophisticated investors by suggesting that buying an EIA is like owning a handful of magic beans and a golden goose. An EIA, they say, will allow you to enjoy stock market gains without any of the risks.

After listening to them, it would be easy to conclude that only a chump would continue to invest in mutual funds or individual stocks. If you put your money into one of these annuities instead, your EIA flak jacket will withstand all the nasty stuff that Wall Street tries lobbing at you.

In reality, however, EIAs aren't a miracle investment. And they certainly aren't risk-free for those who experience buyer's remorse. Hidden inside these things are incisors that can tear customers' investments apart if they decide they need the money.

EIAs are actually complicated insurance products that are being marketed to senior citizens who are terrified by stock market losses. The upside potential for EIAs, say the salesmen, is great, but if the markets crash, an EIA's return can't dip into negative territory. These annuities guarantee a base annual return, which is often 3 percent, for the length of the contract.

One drawback to EIAs is their complexity. While many EIAs are partially linked to the fortunes of the Standard & Poor's 500 Index, for example, there are plenty of ways that an insurer can shrink the annuity's return.

For starters, a customer might be promised a 50 percent, 70 percent or even 100 percent share of the S&P 500's annual performance. But that's misleading, because an EIA excludes the S&P 500's dividends as part of the return. Insurers also often put caps on the returns that you can capture. Just how much the performance will shrink can depend on which of the dozens of crediting methods that an insurer uses.

"There are probably 100 different ways to credit interest in an EIA, and you literally need a degree in industry methodology to understand," suggests Scott Dauenhauer, president at Meridian Wealth Management in Laguna Hills, Calif.

Critics contend that many of the best-selling EIAs rely on crediting calculations that provide customers with the most anemic returns.

Why would someone recommend an EIA that stinks up the room? Hmmm. Would it shock anybody out there if I said that some insurance agents routinely select the EIAs that provide the highest commissions for themselves? Many popular EIAs pay agents 8 percent, 10 percent or higher. Some lucky guys can even get 12 percent on a sale.

Because the sales commissions are so generous, insurance companies need the buyers to stay put for a long time so the insurers can recoup what they paid the agents. They keep customers by hitting them with surrender charges if they try to liquidate.

EIAs, however, will typically allow investors to pull out 10 percent a year without a penalty. Surrender periods will sometimes last longer than the clients. Imagine an 80-year-old widower buying an EIA that locks up her cash for 15 years. It was one of these lengthy lockup periods that tripped up the woman needing dentures.

Ronald A. Marron, an attorney in San Diego who has filed numerous lawsuits against EIA insurance providers, including two class-action suits, says he's seen surrender charges as high as 25 percent.

And Marron insists that ditching an EIA can involve more than paying the surrender costs. He says one of his clients, who put $1.5 million into an EIA, would have had to pay $263,000 to bail after being hit with a double whammy: a surrender penalty and something called a market value adjustment charge.

There are other reasons why EIAs are troubling.

Insurance agents, who don't possess securities licenses, are forbidden from selling stocks, bonds, mutual funds or even lowly certificates of deposit. They can, however, sell all the EIAs they want, thanks to the way they are regulated.

The U.S. Securities and Exchange Commission and the NASD don't consider EIAs to be investments - at least not yet. Consequently, these regulators don't have the authority to tell agents, who often market EIAs through free seminars, what they can or can't do even if the advice is reckless.

Some EIA promoters, for instance, are urging people to refinance their houses or take out reverse mortgages so they can free up cash to buy EIAs. Obviously, that's nuts. The NASD did issue an investor alert on EIAs last year, which you can find on the regulator's Web site (www.nasd.com). It's also auditing EIA practices at some brokerage firms, while the SEC is conducting its own investigation.

The NASD urges investors to understand how a particular EIA works before buying one. But that's a recommendation that even the people selling these complex annuities could have trouble following.

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About The Author

Lynn O'Shaughnessy is the author of Retirement Bible.

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EIA's
I had been wondering about insurance companies getting involved with the "investment" business, and now I know why. Thank you for this article.

Equity Index Annuities
Article hit the nail on the head! I'm a non-commission based Registered Investment Advisor and have seen this happen all to often. Big commissions to sell insurance = dishonest agents!
Buyer beware!

Equity indexed annuities
Thanks so much, TownHall, for printing this. It should be in every newspaper's business section. As a former NASD investigator, I've seen how people, especially the elderly, can be confused by slick salespeople.
To be fair, such an annuity, MAY be a valuable tool in some situations; but it's only one of many.

EQUITY INDEXED ANNUITIES
Unfortunatly this only tells one side of the story.The article lacks any depth of understanding and instead presents a biased view of a very good product and industry.First all buyers get a 30 day free look at the policy.If it isn't right they get their $ back !A lot of agents do have a securities lisc. Contracts are available in all time frames.(3,5,7,9,10,15 year periods.)Nasd regulators want to control these products not because of violations but for the fees they can collect.The product has saved my clients millions of dollars in stock losses.It is tax deffered and principal is guranteed. Generally clients receive 75% of S&P500 index with no risk!! Tell me what else can match that.

EIA
As a 20+year investment advisor, it's blame everybody but the client. 1) The client especially one that has 80 years of experience should have been responsible for choosing a dependable and honest investment counselor, whether insurance professional or a stock broker or a financial advisor. Everyone should know about not putting all your eggs in one basket since that concept has been around since 1492. Most EIAs allow some access to their funds in case of an emergency and most if not all clients never annuitize their annuities anyways so the long surrender period shouldn't be a concern to most people. BTW, if a client purchases a bank CD and decides to liquidate before the maturity, the "safe and non commissioned" bank will charge a penalty of 50% of the interest that would have been generated, which would possibly eat into the principal.
In conclusion an EIA is a fixed annuity that is regulated by the states, the only real difference is in the way the "interest" is calculated. With an ordinary annuity, the insurance company decides what to pay as long as its above the stated guaranteed rate, with an EIA the rate the insurance company pays is determined by what the client selects as his or her index.

EIA's are good products!
That was quite an interesting, one sided article. While the article (and comments) do bring up interesting points, there are a few qualities that were not brought up...such as how the products protect policyholders from losing value in market downturns. The biggest thing is the same for ALL insurance products and investments...no one product is good for someone's entire portfolio. These are safe products that provide protection and safety for a portion of a Senior's portfolio.

EIA's or the agent
Lynn,

Your comments remind me of the old saying: guns don't kill people, people kill people.

You are placing all of the negative issues in the lap of the product not the agent. If an agent has done proper planning and left enough free money out of the IA and available for cash flow needs AND placed the client into a product that met the client holding period, then there wouldn't be the issues you talk about.

EIA's are no more complicated than mutual funds; in fact they have less moving parts. If your “experts” can’t understand EIA’s then I suggest they aren’t “experts” at all. You give very little credit to the American public; they are smarter than you think.

As far as commissions, why is it we never hear about the commission issue in the equity side? Mutual funds have an effective sales charge around 6% with commissions’ around 5%. B shares have CDSC charges lasting 5-7 years. Why is it you don’t talk about then?

REITs, a very popular option of late, pay 8% commissions. Why it is no one comments on these products? My guess is the lobbing efforts of the Securities Industry.

All I ask is for the media play fair by comparing apples to apples and stop portraying EIA’s as high commission only products with no strategic value. All you want to focus on is that they don't include dividends. SO WHAT! If you look at the net rate of return (crediting), you will find that many EIA's perform very well. They are not necessarily intended to outperform the market. In fact most diversified mutual fund portfolios are not intended to out perform the market. Diversification is intended to reduce risk and the results are usually reduced returns. EIA’s provide reduced risk a different way. Why is that a bad thing?

Please do a bit more research and stop relying on “experts” on the security side. A balanced reporter would have “experts” quoted from both sides.

EIA's
As a Certified Financial PlannerTM, I think that EIA's are the worst product the industry has to offer. In my 20 years in business, I have never seen a case where an EIA is appropriate for an investor.

These products can do at best case 4-6% return over time. You can get that rate of return in a CD or fixed annuity without the huge surrender charges.

The fact is that the market averages between 10 or 11% per year including 2% dividends. But the market almost never does 10%. Most people have no clue, but 70% of the time the market returns are either negative or up 20% in a given year. Yes, an indexed annuity helps you avoid the losses when the market is down, but you give up the big upside when the market goes up 20% or more.

Here's a likely 3 year scenario for market.

Yr 1 - +30% Gain
Yr 2 - -8% Loss
Yr 3 - 11% Gain

Average Return 10%

Most EIS's would have returned have returned 6% in that time frame. The fact is that people make money in stock in bunches and most EIA crediting methods will not participate significantly in the gains.

These products should only be bought by people that want to lock away their money for 10 years or more and do so for very little return.

EIA's
As a Certified Financial PlannerTM, I think that EIA's are the worst product the industry has to offer. In my 20 years in business, I have never seen a case where an EIA is appropriate for an investor.

These products can do at best case 4-6% return over time. You can get that rate of return in a CD or fixed annuity without the huge surrender charges.

The fact is that the market averages between 10 or 11% per year including 2% dividends. But the market almost never does 10%. Most people have no clue, but 70% of the time the market returns are either negative or up 20% in a given year. Yes, an indexed annuity helps you avoid the losses when the market is down, but you give up the big upside when the market goes up 20% or more.

Here's a likely 3 year scenario for market.

Yr 1 - +30% Gain
Yr 2 - -8% Loss
Yr 3 - 11% Gain

Average Return 10%

Most EIS's would have returned have returned 6% in that time frame. The fact is that people make money in stock in bunches and most EIA crediting methods will not participate significantly in the gains.

These products should only be bought by people that want to lock away their money for 10 years or more and do so for very little return.
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