The Retirement and IRA Show

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.

The post Understanding Forced Annuitization: EDU #2623 appeared first on The Retirement and IRA Show.

Jim and Chris discuss listener emails on whether Social Security should be compared to an annuity, Rule of 55 distribution rules, using period-certain annuities during the delay period, QLAC timing and taxes, and using a SPIA for Minimum Dignity Floor coverage.

(5:20) The guys address a listener’s objection to describing Social Security as an annuity and whether that comparison is accurate.

(32:00) A listener seeks clarification on Rule of 55 distributions after receiving conflicting information about whether plan-specific rules matter.

(38:45) Georgette asks whether a 10-year period before her mortgage is paid off can be treated like a delay period and covered with a period-certain annuity.

(51:30) Jim and Chris answer a question about whether QLACs can be purchased for a spouse from an IRA, how QLAC timing can be structured, and how payments are taxed.

(1:13:45) George wonders whether relying on excess RMDs or purchasing a qualified second-and-survivor SPIA from IRA funds is a better way to support long-term MDF coverage.

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Chris’s Summary

Jim and I tackle annuity basics to start off another National Annuity Awareness Month. We cover what annuities are as insurance contracts, the four parties to a contract, the accumulation and distribution phases, and the key differences among the major annuity types. We also touch on tax deferral rules, LIFO treatment, and the historical and industry context behind why annuities remain so widely misunderstood.

Jim’s “Pithy” Summary 

Chris and I use National Annuity Awareness Month to get back to annuity basics. I have a book in my office, Lee Welling Squier’s Old Age Dependency in the United States, written in 1912, before Social Security existed, that begins by asking why people don’t use annuities to help provide against want in old age. That question stuck with me because I was taught early in this industry that annuities were horrible, while pensions were wonderful. But, if a pension was one leg of the old three-legged stool, and the 401(k) helped pull that leg out, then maybe we ought to at least understand the product that can mimic some of that pension-like income for retirees who need it. Not love it. Not hate it. Just understand it.

So, we start with the basics: what you are buying, who is making the promise, who controls the contract, whose life the payment is based on, how the accumulation phase works, and when/if the thing you own turns into a stream of income all matter. The word “annuity” covers a lot of very different vehicles. Some are plain and straightforward. Some are complex, with riders, caps, participation rates, and spreads. Some may be useful in the right circumstances. Others may be costly, confusing, or misapplied. And if you do not understand which type of annuity you are looking at, it is easy to use the wrong one in the wrong place.

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