The Retirement and IRA Show

Chris’s Summary

Jim and I examine an Annuity Collapse involving PHL Variable Insurance Company, a $99,000 annuity, private equity ownership, state guarantee funds, and the limits of what the article explains. We separate fixed annuities, variable annuities, general accounts, separate accounts, insurer insolvency risk, market risk, and rating history, while noting why the missing annuity details matter.

Jim’s “Pithy” Summary

Chris and I dig into Annuity Collapse coverage that had a lot of listeners understandably worked up, but also left out some details that matter. The headline says a woman paid $99,000 to generate retirement income for life and then the insurance company collapsed. That gets attention. It should. But before everyone runs around saying annuities are terrible and insurance companies should all be burned at the stake, we have to slow down and ask what she actually owned, because the article never clearly says whether this was fixed, variable, in payout, deferred, in the general account, or in a separate account.

That distinction matters. If this was a variable annuity held in separate accounts, those assets may not be part of the insurance company’s bankruptcy estate, though market losses and access problems may still be real issues while the company is in rehabilitation or liquidation. If it was a fixed annuity or money sitting in the general account, state guarantee funds can matter, but they are not FDIC insurance, and they do not move in a few days. They can take a really long time, and the limits vary by state and product type.

The larger issue is not that this woman did something wrong. I do not fault her. I fault the agent, the regulators, and the private equity games that Tom Gober has been warning about for years. PHL had weak ratings for a long time, and if it begins with a B, I think it is bad. We also talk about using AI to research insurer ratings, downgrades, ownership history, and state guarantee protections, especially before using an annuity for a lifetime income stream connected to a Minimum Dignity Floor.

Link to the article: https://www.nbcnews.com/news/us-news/paid-insurance-company-99000-generate-retirement-income-life-collapsed-rcna331934

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Jim and Chris discuss listener emails on delayed Social Security credits, annuity provider ratings, DIA versus QLAC income planning, and fixed indexed annuity (FIA) recommendations.

(10:30) A listener shares a long delay in receiving additional Delayed Retirement Credits on their Social Security benefit and asks whether there are any further steps to take or whether patience is the best option.

(26:00) Another listener passes along Kiplinger reader survey results on annuity providers and asks whether the information may be useful in a broader discussion about choosing an insurance company.

(45:00) The guys are asked when a deferred income annuity (DIA) might be better than a qualified longevity annuity contract (QLAC) inside an IRA, especially given the potential RMD and tax advantages of a QLAC.

(1:15:45) Jim and Chris respond to a listener nearing retirement who was advised to move TSP G Fund money into a fixed indexed annuity (FIA) and wants to understand whether that is better than keeping the funds in the TSP and using a withdrawal strategy.

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Chris’s Summary

Jim and I continue our discussion on Forced Annuitization in a highly appreciated non-qualified variable annuity owned by a 90-year-old listener’s mother. We examine LIFO taxation, IRD, IRMAA, period certain annuitization, beneficiary options, IOVAs, and the difference between a codified annuitization approach and the less certain non-qualified stretch. The distinction between a noun annuity and a verb annuity does a lot of work here.

Jim’s “Pithy” Summary

Chris and I pick back up with a listener’s situation involving Forced Annuitization, a 90-year-old mother, and a non-qualified variable annuity with a tremendous amount of gain. This is not the insurance company being nefarious. These contracts have annuitization dates, and in an older contract, age 95 may once have seemed far away. Now it is an iceberg. The first question is still simple: what does mom want to do? From there, the insurance company’s actual annuitization options matter, preferably in writing, because every policy is unique.

We get into the black-and-white choices and the gray area. A life with period certain option may spread payments beyond the forced annuitization point if the insurer allows it. If death occurs before annuitization, a non-spouse beneficiary generally faces two cleaner choices: annuitize within one year based on actuarially sound life expectancy, or use the five-year rule. Then we look at investment-only variable annuities, where the insurance company may provide the annuity wrapper, the assets remain in separate accounts, and one company Jim contacted allows new contracts up to age 95 with forced annuitization pushed out to age 121.

The gray area is the non-qualified stretch. Jim explains why he has softened, but not flipped, on it. The SECURE Act changed Section 401, not Section 72(s), and that matters. Still, the comfort level depends on PLRs, insurance company practice, and how much uncertainty someone is willing to tolerate. One path is the verb annuity: give up access and control in exchange for a lifetime stream of income. The other keeps the noun annuity alive, with more flexibility, but less certainty. Same problem, very different wrappers.

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Jim and Chris discuss listener emails on Social Security earnings limits, and two emails relating to using annuities for LTC planning.

(13:00) — A listener asks whether income from selling NSO stock counts as earned income for Social Security, potentially triggering the earnings limit before full retirement age.

(21:00) — George asks about using a 1035 exchange to move variable annuities with guaranteed living benefits into a product offering long-term care benefits, and wants help weighing the tradeoffs of this approach.

(49:45) — The guys help a listener think through annuity planning to fund future long-term care costs for in-laws, including whether to use one joint annuity or two individual annuities and where to find SPIA quotes.

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Chris’s Summary:

Jim and I continue our discussion on annuity basics before turning to a listener’s email centered on forced annuitization, a maturity date built into every annuity contract requiring annuitization or full distribution by a set age. A listener’s mother faces this deadline at 95 with a variable annuity that grew over 10x, creating a substantial IRD (Income in Respect of a Decedent) tax burden. We consider options including period-certain annuitization, adding a younger co-annuitant, a 1035 exchange, and charitable strategies.

Jim’s “Pithy” Summary:

Chris and I are picking back up where we left off last week on the basics of annuities, and we take a hard look at the licensing mess on both sides of the industry: insurance agents selling products tied to indexes they’re not licensed to discuss, and investment advisors selling annuities through wholesalers without ever getting an insurance license. We also get into why AI is becoming the great equalizer for consumers, and how a 2005 class action lawsuit built on a complete misunderstanding of annuity maturity dates sets up the real conversation.

That real conversation is a listener’s email about forced annuitization. His mother bought a variable annuity in 2002 with money she didn’t need to cover her Minimum Dignity Floor and invested it aggressively. Set it and forget it. Now, decades later, a deadline is closing in, and what looked like a smart, tax-deferred decision has turned into a significant IRD problem with no clean exit. The listener has been chipping away at it, but the math isn’t cooperating.

There are options, some involving the existing contract, some involving moving it entirely, and at least one that surprised even me when I dug back through my notes. None of them are perfect, but the worst move may be the one he’s already making. We’ll get into all of it.

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