Risk Management Flashcards

1
Q

Buy-Sell : Cross Purchase

A

business owners buying insurance on each other for death, disability

of policies = N x (N-1) ; N is number of owners

Each owner pays premium to the insurance company for the death benefit for the other owners.

Death benefits are provided to the surviving owners.

Decednet’s company stock goes to his/her family or Estate.

Surviving owners will use the death benefits to buy the stock from family or estate.

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2
Q

Buy-Sell: Cross Pros and Cons

A

Advantages:
- Increase in basis for the surviving owner
- works best if you have fewer owners
- death benefits pass tax-free to surviving owners

Disadvantages:
- younger owners will pay considerably more in premiums if there are big age differences
- hard to implement with growing number of owners

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3
Q

Buy-Sell: Entity Purchase Agrt - Advantages

A

Preferred solution for businesses with multiple partners.

Death benefit passes tax-free to business.
Business pays policy premiums.

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4
Q

Buy-Sell: Entity Purchase Agrt - Disadvantages

A

No increase in cost basis to surviving owner(s).

Surviving owner(s) will have substantially more gains upon sale of business (due to lack of step-up).

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5
Q

What is a stock redemption buy-sell plan

A

Buy-Sell: Entity Purchase Agreements

If the business entity is a corporation, the plan may be referred to as stock redemption buy-sell plan

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6
Q

Buy-Sell: Entity Purchase Agreements

A

a method to completely transfer business interests back to the business (i.e., the entity) using life insurance policies.

The business purchases policies (pays premiums) on the owners and uses death benefit proceeds to buy back ownership shares from the decedent’s family or estate upon death of a partner.

Owners agree to establish a binding agreement with the business to buy and sell their respective business interests upon either:

Death,
Disability, or
Retirement

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7
Q

Buy-Sell: Entity Purchase Agreements - # of Policies Needed

A

The number of policies needed is equal to the number of partners and/or shareholders.

When setting up a buy-sell agreement with a larger number of partners, entity purchase plan is the more efficient method.

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8
Q

What’s more efficient method when setting up buy-sell agreements with large # of owners?

A

Entity purchase plan

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9
Q

Buy-Sell: Wait & See Agreements - 3 step process (BOB)

A

Following the death of a business partner, the following sequence of steps is set in motion:

Step 1: Business has 1st option to purchase the deceased partner’s stock.

Step 2: Surviving partner(s) have the option to purchase the deceased partner’s stock.
Applies if the business waives the option to purchase in Step 1, or The business purchases less than half of the deceased partner’s stock.

Step 3: Business is required to purchase the deceased partner’s stock.

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10
Q

Buy-Sell: Wait & See - who pays the premium

A

Owners take on life insurance policies on each other.

the agreement is to wait and see what to do about purchase of the decedent’s stock - Whether the business should buy it or owners should buy it

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11
Q

What are Living Distributions from Life Insurance Policy

A

Withdrawals and Loans

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12
Q

How are Living Distributions from MEC Policy treated?

A

LIFO
(Gains first)

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13
Q

How are Living Distributions from non-MEC policy treated?

A

FIFO
(Basis First = Premium’s First)

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14
Q

Taxation of death benefits for life insurance policies

A

Tax-free

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15
Q

7-Pay Test

A

Applies for Case Value Life Insurance Policies

policies that take in too much premium during the first 7 policy years, or in 7 years after a material change.

For each policy, a net level premium is calculated. If the total premium actually paid into the policy at any time during the 7-year testing period exceeds the sum of the net level premiums needed to result in a paid-up policy after 7 years, then the policy is a MEC.

Onec a MEC Always a MEC

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16
Q

Annuity Contract

A

It’s a investment contract for right to receive stream of income in the future

Purchaser can make one or multiple payments to insurance company and in exchange insurance company “guarantees” to pay stream of income in the future

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17
Q

Annuity Payments timeline

A

Annuity Payments can begin immediately or at a future date and can last for the predetermined time.

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18
Q

Accumulation Annuity

A

AKA deferred annuity

Accumulates funds and grows wealth over time, through tax deferred growth

Has two phases - accumulation phase and income phase (optional)

Grow tax deferred, can take withdrawals (charges may apply)

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19
Q

Income Annuity

A

Provide the guarantee of a steady stream of income in retirement

Priority is guaranteed income payments, not wealth accumulation

20
Q

Fixed Annuity

A

guaranteed interest;
minimum and current

21
Q

Equity Indexed Annuity

A

linked to an index; often S&P 500
point to point
participation rate
spread
caps

22
Q

Variable Annuity

A

provides a variety of separate subaccounts which allow assets to be invested in securities such as stocks, bonds, money market accounts, etc.

The account owner can transfer assets between subaccounts.

Usually contain a fixed account which provides a guaranteed interest rate account.

23
Q

Which annutization would have highest payout ?

A
  1. Single Life (ends at death of the annuitant)
  2. Joint Life
  3. Joint & Survivor (full, 2/3, 1/3)
24
Q

Annuity Guaranteed Minimums

A

ONLY Applicable to Life Annuity Form of Payment

Refund certain - When annuitant dies before the period, lump sum or installment of guaranteed minimums to beneficiary

Period Certain - For a specified period of time

25
Immediate vs. Deffered Annuity Payments
Immediate payments = distributions start within 1 year Deffered = distributions start after 1 year
26
Flexible-Premium
more than one-time contribution in varying $ amounts
27
Taxation of non-qualified (i.e. after-tax) Annuity
Payout = basis + gains Gains distributed from a non-qualified annuity are taxed as ordinary income If Annuity payout is a Withdrawals: 1. Gain taxed as ordinary income 2. Basis taxed as LIFO (10% apply to gains if before 59 1/2) If Annuity payout is Annuitization: 1. Gain taxed as ordinary income 2. Exclusion allowance is applied from each payment until the basis is recovered. No step-up at death, as annuities are income in the respect of a decedent (IRD).
28
Tax treatment of withdrawals from annuity
Withdrawals have LIFO tax treatment (i.e. earnings first)
29
Sec 1035 exchange
A Section 1035 exchange is used primarily to defer current taxation in the exchange of life insurance and annuity contracts. Annuity may be exchanged tax-free for other annuities (IRC Section 1035)
30
Exclusion allowance of annuitization payment
tax free portion = exclusion allowance) = Basis ÷ expected payout over annuity time (monthly payment x # months when payment is expected) Exclusion allowance ends when all basis has been recovered.
31
LEAQ (Loved Elizabeth As Queen)
Life Insurance Endowment Annuity Qualified LTCi LI can be exchanged for LEAQ Endowment can be exchanged for EAQ Annuity can be exchanged for AQ Qualified LTCI can be exchanged for Q
32
Named Perils coverage
specifies perils or “causes of loss” that are covered. Everything else is not covered
33
Open Perils coverage
specifies excluded perils or “causes of loss” that will not be paid. Everything else is covered.
34
HO-03
Special Form most comprehensive Homeowners Insurance coverage Covers CONTENT on a NAMED perils basis DWELLING on an OPEN perils basis A HO-03 policy can provide open perils coverage for contents by adding a HO-15 endorsement – remember this by 3 x 5 =15.
35
HO-05
Comprehensive Form BEST comprehensive Homeowners Insurance coverage Covers contents on a open perils basis
36
HO-03 Dwelling and Content Coverage
HO-03 homeowners insurance provides DWELLING coverage on an OPEN perils basis and CONTENTS coverage on a NAMED perils basis.
37
HO-08
Modified Coverage for older homes Used for older homes (150+ years old because of the value of wood work, ornamentation, etc)
38
Reinstatement Provision
opportunity to renew a lapsed policy (under specified conditions)
39
Health Insurance Continuation under COBRA
* The termination of the employee for **any reason except gross misconduct. ** * 18 months - quitting, retiring, or being fired for anything but gross misconduct * 29 months - Disability (Social Security definition) * 36 months * The death of the covered employee * A reduction of the employee's hours so that the employee or dependent is ineligible for coverage. * The divorce or legal separation of the covered employee and his or her spouse. * For spouses and children, the employee's eligibility for Medicare. * A child ceasing to be an eligible dependent under the plan.
40
HO-4
Renter (4 rent) - Contents + liability
41
HO-6
Condo owners = cabinetry, content, "studs-in", not the roof or common areas
42
6 parts of the HO Insurance Policy
A = for address B = for backyard C = for crate-crap D = damaged/destroyed digs E = exposure to legal action F = for others (Fractured Femurs)
43
Collision Insurance
With an inanimate object - another vehicle, light pole, building etc
44
What are the characteristics of the Insurance Contracts?
Insurance contractos are "unilateral contracts" and contracts of adhesion (One party prepares the entire contract)
45
What types of risks are insurable and NOT insurable?
INSURABLE: Static Risks (Losses caused by factors not related to economy, ex: death) NOT INSURABLE: Speculative risk (risk that involves both chace of loss or gain)