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Schapiro: Settlements Need Watching 

 

The head of the U.S. Securities and Exchange Commission says she wants to take a closer look at the life settlement business.

“Unfortunately, many seniors may not fully appreciate the implications of selling their life insurance policy to someone who is purchasing it for investment purposes," SEC Chairman Mary Schapiro said today at the Solutions Forum on Fraud, which was sponsored by an institute connected with the American Association of Retired Persons, Washington, and the National Consumers League, Washington.

“It is possible that seniors may lose the ability to obtain life insurance in the future, that they may lose certain tax benefits and that they may find that certain personal information about their health is being shared with or monitored by strangers,” Schapiro said during a wide-ranging talk, according to a written version of her remarks posted on the SEC website.

“On the other side of the transaction, investors may not have a complete understanding of the investment risks associated with a life settlement policy, including the risks related to the health and life expectancy of the insured,” Schapiro said.

The SEC also will be investigating the marketing of retirement investments in general, she said.

“America’s future retirees deserve products that they can understand and evaluate,” Schapiro said. “This means that complex fee arrangements or product descriptions should be discarded in favor of simple, clear disclosure. Our future retirees should have access to products that will help them meet their retirement goals without imposing inappropriate risks.”

To protect investors, the SEC is prepared to be aggressive in enforcing its investor protection rules, she said.

Schapiro singled out the use of target-date mutual funds by defined-contribution plan providers as one issue her agency would be looking at carefully. These are funds that gradually ease investors into progressively more conservative investment as they approach retirement age.

“The ‘set it and forget it’ approach of target-date funds can be very appealing to investors, especially for retirement investors who are overwhelmed by more complicated investment options,” she said.

Once concern is that during the 2008 economic downturn, some target-date funds lost as much as 40% of their value, she said.

 The SEC is “currently focusing on the use of a target date in a fund’s name and how the meaning of that date—and the nature of a fund’s investments—can be better communicated to investors,” she said.


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    • 10/23/2009 2:22:09 PM
    • David Krasnow
    • Target Date Funds
    • I have been actively involved on a National level as to the disclosure of Target Date Funds. The most concerning factor to me is that there are 2 different methodologies being used. One focus' on the the glidepath for Retirement, and the other is on Life Expectancy. The confusing issue is that at this time, they are all categorized together. They need to be clearly marked, and listed in different categories. Target Dates funds are conceptually a great thing, but they were put into use so quickly, no one really thought out the downside which occurred in 2008. The SEC is now left cleaning up a mess, much of which points directly to the DOL. The DOL made target date funds one of their approved Default Funds. This amounts to an endorsement of a certain type of fund. Within a few years of this endorsement, the market crashes, and the problem with Target Date funds are exposed. The DOL should have thought this through years ago, not after the problem. Another significant issue is that much of the Advisory world fell in love with the target date concept, and did not learn about glidepaths, or the different methodoloy calculations. I recently spoke at the Plan Advisor conference about target date funds. A large number of Advisors talked to me after I spoke, and admitted that they did not know about the different types of glidepaths, and that they may have unknowingly sold the wrong type of Target Date fund to their plan. The truth is the industry needs to act quickly, and figure this situation out. Many participants have watched their accounts go down, and if they think about it, will realize it is not what they wanted, or what their Advisor intended to sell them.
    • 10/23/2009 2:46:02 PM
    • stuart egrin, invescor, ltd.
    • Schapiro: Settlements Need Watching
    • Life settlements allow consumers to be able to reap the economic benefit that otherwise would be a windfall for life insurers. The policy owner has a contractual right recognized all the way back in 1911 in a U.S. Supreme Court decision which allows them to sell their policy for value to a third party. Life settlements involve those insureds who are over age 70 who are NOT terminally ill that find themselves with life insurance policies they no longer want, need, or can afford. They have an opportunity to receive an amount greater than surrendering their policy back to the insurer for its cash surrender value, in certain situations many times more. While not for everyone, life settlements do offer the consumer an important liquidity option not available elsewhere. The sale of a life insurance policy is a protected property right, recognized back in 1911 in a US Supreme Court case. This transaction is regulated in 37 states. Invescor applauds the actions by the Securities and Exchange Commission’s Chairman Mary Schapiro to take a closer look at life settlements through the establishment of their Task Force on Life Settlements. Consumer knowledge and protection is paramount in the life settlement marketplace. Consumers should be protected through a regulatory environment that requires consistent and clear standards in transparency and disclosure. Life settlements should only be introduced by trained, qualified, and licensed financial professionals as part of a thoughtful and thorough financial planning process. Over 70% of the state’s insurance departments regulate life settlements which require among other things extensive consumer disclosures which address Chairman Schapiro’s concerns. Also the Financial Regulatory Authority (FINRA) has rules and has had guidance in place since 2006 which apply to their members when dealing in variable life settlement transactions. Each of the concerns raised by Chairman Schapiro regarding issues that seniors should be aware of before selling their policies are fully disclosed as required by both state and FINRA regulations. The North American Securities Administrators Association (NASAA) and FINRA have already made efforts to address investments in viatical (life) settlements and related products. Dan Curry, president of DBRS Inc., the U.S. arm of the Toronto company, who testified before the House financial services subcommittee on capital markets said that “This is not another mortgage-backed securities market” and that he “…think[s] this will be a very, very small securitization market.” Mr. Curry also said that “I'd be surprised if it's more than a handful of transactions.” By 2008, life settlements were a $16-billion (U.S.) industry (based on the face value of policies acquired that year) against over $27 trillion of face amount in force. That results in 5/100 of 1%. Best case scenarios suggest it will grow to between 1 – 2%. It is clearly a niche marketplace. Not all in-force policies are what investors are currently looking for. They may have been issued by the wrong insurance company, wrong type of policy, too high or too low a face amount, too high a premium, or have an insured with too long a life expectancy, etc. One of the biggest risks in life settlement investing is longevity. The longer the insured lives the more the investor has to pay in premium to keep the policies in-force until time of claim. This can have a direct impact on the investment’s return. This type of investment is for the sophisticated, accredited, and institutional investors looking for to further diversify their existing portfolios. This is a long and complex transaction to begin with and poses unique risks to the investor such as longevity, not found in typical retail investments.
    • 10/24/2009 5:09:30 PM
    • Dee K Carter
    • Life Settlements
    • I am not so concerned about an individual selling his or her life policy to a life settlement company as I am the "re-selling" of the policy to investors. I had one agent tell me last week that "life settlement investments are guaranteed by the State Insurance Department, the SEC and the FDIC!" None of which is true! There must be more control over the selling this product as a "guaranteed double-digit return over the last 18 years!" While this may be true if the insured happens to die within the first three or four years, there are MANY cases of investors who are not paying premiums to protect their investments. Someone needs to step in and oversee the agents who are selling these products!

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