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Well, the SEC has issued their ruling: Effective January 12, 2011, Indexed Annuities are deemed Securities!...


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Old 01-15-2009, 03:11 PM   #1
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Indexed Annuities - SEC Drops the Other Shoe             Go to Top

Well, the SEC has issued their ruling: Effective January 12, 2011, Indexed Annuities are deemed Securities!
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Old 01-15-2009, 03:15 PM   #2
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Re: Indexed Annuities - SEC Drops the Other Shoe             Go to Top

That isn't exactly the news I was looking for... Eh, oh well, jsut another test to take.
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Old 01-15-2009, 03:47 PM   #3
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Re: Indexed Annuities - SEC Drops the Other Shoe             Go to Top

Sec: so, whatcha got there

Insurance: it's a blue tamaroon

Sec: looks like a duck

Insurance: it's not a duck, as you can see, it's blue

Sec: ...ummm, you took a duck and dyed it blue. Got a gaming license to sell that duck?

Insurance: we don't need a gaming license since it's not a duck. It's a blue tamaroon

Sec: there's no such thing as a blue tamaroon. You took a duck and dyed it blue

Insurance: still, it's blue. Go look up a definition of a duck and see if you find any blue ones - hence it's no longer a duck

Sec: it's still a duck, even if you dye it blue

Insurance: no -by the mere fact of dying it blue means it's no longer a duck

Sec: you're a lunatic


Listening to the insurance carriers defend this is a bit like watching a Monty Python movie: "I just chopped your arm off." "No you didn't."
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Old 01-15-2009, 04:43 PM   #4
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So are you agreeing that an index annuity should be a security?
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Old 01-15-2009, 06:20 PM   #5
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Originally Posted by jaugusta View Post
That isn't exactly the news I was looking for... Eh, oh well, jsut another test to take.

So sorry!
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Old 01-15-2009, 06:49 PM   #6
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Originally Posted by sman View Post
So are you agreeing that an index annuity should be a security?

Doesn't matter. The govt wants more regulation and the Securities folks want control of the money. They need something 'safe', since they got their asses handed to them by the markets. Pretty hard to convince clients that conservative MF's and Bond Funds are safe after the last couple crashes. I predict that FIA's will be the poster product at the Ed Jones and Merrills of the world come 2011.
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Old 01-15-2009, 07:18 PM   #7
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Originally Posted by sman View Post
So are you agreeing that an index annuity should be a security?
I have 2 points then I'll shut up for a little while.

1. Indexed annuities are not securities in any way shape or form. There is no stock market risk with a fixed indexed annuity. A person can't lose money due to a stock market crash (and we all know what a stock market crash looks like), they can only earn better returns.

2. The SEC has proven beyond a reasonable doubt it would not be able regulate the tank size of toilets, forget about regulating any financial instrument. The SEC has completely and utterly failed at the job it was created to do. It was the watchdog when the single biggest heist in the history of heists in this country occured. All the thousands of petty theifs, car theifs, burglars, and such couldn't steal as much money in two years as Madoff. The financial devestation caused by its failure will be felt for years. In fact thousands of retirees will be wiped out before it is all over not to mention the charities that have been harmed along with the accounting mess this situation will create.

Do I think the SEC should regulate FIA's? What do you think?
- - - - - - - - - - - - - - - - - -
Originally Posted by healthagent View Post
sec: so, whatcha got there

Insurance: it's a blue tamaroon

Sec: looks like a duck

Insurance: it's not a duck, as you can see, it's blue

Sec: ...ummm, you took a duck and dyed it blue. Got a gaming license to sell that duck?

Insurance: we don't need a gaming license since it's not a duck. It's a blue tamaroon

Sec: there's no such thing as a blue tamaroon. You took a duck and dyed it blue

Insurance: still, it's blue. Go look up a definition of a duck and see if you find any blue ones - hence it's no longer a duck

Sec: it's still a duck, even if you dye it blue

Insurance: no -by the mere fact of dying it blue means it's no longer a duck

Sec: you're a lunatic


Listening to the insurance carriers defend this is a bit like watching a Monty Python movie: "I just chopped your arm off." "No you didn't."
Here's a better one for ya...

SEC Chairman Cox: We will save the unsuspecting public the trouble of having to be worried about being ripped off by greedy insurance agents. Indexed annuities have harmed at least 10 or 15 senior citizens and I will not stand for it

Bernie Madoff: Yes. You need to protect the buying public from being swindled. I applaud your dedication. Those index annuities are a complete rip-off. Almost like a ponzie scheme. By the way Chairman Cox you should come over and have dinner at my neice's house with me. You know she is married Eric Swanson one of your lead investigative attorneys.

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Old 01-15-2009, 08:03 PM   #8
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I'm sure the SEC can do as good a job protecting seniors as CMS has done.

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Old 01-15-2009, 08:53 PM   #9
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Be careful what you say about the government. There's nothing wrong that a bunch of honest people couldn't fix.

Is there any hope that Americans in leadership positions will stop thinking just about themselves.

It's interesting to note that a lot of honest people go into politics and then get corrupted with power. Everyone has their price is an old adage.
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Old 01-16-2009, 09:13 AM   #10
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So.....

Since Bills and Bonds are a security, am I to assume a traditional annuity duck is also a security. A traditional annuity has to invest the money in something and bonds and bills are often favorites. To keep with the SEC logic, any growth in a traditional annuity, that is above the guaranteed value is investment risk and needs to be governed by the SEC.

Anybody selling traditional UL policies? Do those UL policies usually try to pay a higher return than gauarantted interest on the non forfeiture values? I'll answer yes but these days...who knows. So using the SEC logic, the UL could also be a security because the UL policy owner bears the risk for non forfeiture growth.

Insurance companies invest money in the equities markets, that is what they do. Yes there is real estate investing but I think that is more for reserves, surplus requirements, etc. So is the SEC telling insurance companies that, to stay an insurance product there can be no equities market investing?

The SEC has basically said to the insurance company you can invest in bonds and bills but nothing else. Is part of their logic that FIA owners are told what is used by the insurance company to base their FIA returns upon? It has been a while since I read a traditional annuity contract but I don't think they show all the calculations that go into creating the growth values. They may say that it is based upon bonds/bills but do they give the complete algebraic expression that is used to create the return?

So if it is not ok for FIA's to invest in the market how long will it be until traditional annuities are not allowed to invest in bonds/bills.

Compare the FIA to a traditional and what is different:

FIA - has surrender charges
Trad- has surrender charges

FIA- hopes to have growth higher than guaranteed
Trad-hopes to have growth higher than guaranteed

FIA - returns are based on equities market products
Trad-returns are based on equities market products

FIA-no loss on contract if there is no growth on insurance invested money
Trad-no loss on contract if there is no growth on insurance invested money

So I ask you.....where is the FIA "market risk" that the SEC has conveniently created that is different from a traditional? Risk involves loss, a hazard or chance of loss, degree of probability of such loss. Since contract values in an FIA (all that I have seen) do not drop, where is the risk?

I think it is all because the insurance companies put too much transparency into the products for people to see. Does the SEC consider those convoluted mutual fund to be transparent? I guess the SEC will be happy when those 50 page, informative, prospectus needs to be handed to a customer.

In the 20 years I was involved (licensed) in the equities market, guess how many people read the prospectus I handed to them? Aside from sitting there and reading it to them, from engineers to CPA's, I don't think there was one that read the entire thing. Most of them went straight to the round file.

Get the government involved and it all goes crazy. Take the Medicare Advantage enrollment. Who, aside from the government, calls a telephone enrollment a "telephonic" enrollment. They can't even use the simple term for telephone. Why in the world did the government say, hey lets have an annual enrollment period from Nov 15 to Dec 31st. It is the time of the year with two major holiday's, elderly are extra busy , people will be off on Christmas and Thanksgiving breaks...yep a great time of year to do enrollments. Add to that all the rules for setting appointments and you just have to say...WTF were they thinking?

They weren't thinking! Most of the government wonks do NOT understand the real world. Sometimes it takes people a long time to realize the government is most often screwy? Many just out of college people have that youthful exuberance and belief that government is to help them. Kind of like their parent helped them. Funny thing is that many of those exuberant kids, as they start cruising through their 30's will start to change their attitude, especially if they are self employed.

We are now sitting in one of the greatest economic declines in the past 100 years. The government's Freddie / Fannie mortgage program helped to lead us here. The Federal Government experts are the one's that got us to where we are and anyone that is willing to let the Federal experts take over insurance are IMO insane.

Maybe you need a securities license to sell P&C. In a soft market, premiums may be lower because of the returns the insurance company is earning in the stock market. When the market turns hard, a downturn in the stock market can be part of it. I guess we can't explain reasons soft/hard markets to clients. Underwriting is also part of the equation but underwriting manuals don't often change.

Rant over.....................


Originally Posted by healthagent View Post
sec: so, whatcha got there

Insurance: it's a blue tamaroon

Sec: looks like a duck

Insurance: it's not a duck, as you can see, it's blue

Sec: ...ummm, you took a duck and dyed it blue. Got a gaming license to sell that duck?

Insurance: we don't need a gaming license since it's not a duck. It's a blue tamaroon

Sec: there's no such thing as a blue tamaroon. You took a duck and dyed it blue

Insurance: still, it's blue. Go look up a definition of a duck and see if you find any blue ones - hence it's no longer a duck

Sec: it's still a duck, even if you dye it blue

Insurance: no -by the mere fact of dying it blue means it's no longer a duck

Sec: you're a lunatic


Listening to the insurance carriers defend this is a bit like watching a Monty Python movie: "I just chopped your arm off." "No you didn't."

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Old 01-16-2009, 09:51 AM   #11
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Originally Posted by URDRWHO View Post
Many just out of college people have that youthful exuberance and belief that government is to help them. Kind of like their parent helped them. Funny thing is that many of those exuberant kids, as they start cruising through their 30's will start to change their attitude, especially if they are self employed.
One of the best moments of my life was watching my son's face when he got his first paycheck. He expected it to be something like $700 but it was $320. He wanted me to help him find the mistakes. Sorry son, there are no mistakes. Welcome to the world of withholding. You can also start to figure out from this point that liberals are liberal with your money and that maybe your grouchy old conservative dad had a damn good reason to be grouchy.
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Old 01-16-2009, 10:26 AM   #12
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Hopefully litigation will extend that date.
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Old 01-16-2009, 10:39 AM   #13
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Originally Posted by BrokersAllianceAnnuities View Post
Hopefully litigation will extend that date.
I fully expect the ruling to be thrown out, much as chairman Cox should be thrown out.
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Old 01-16-2009, 10:57 AM   #14
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The logic of the SEC 151a argument fails on many points. But government doesn't like logic.

"Government is not reason, it is not eloquence, it is force! It is a dangerous servant and a fearful master."
------------------George Washington

Originally Posted by bobson View Post
I fully expect the ruling to be thrown out, much as chairman Cox should be thrown out.

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Old 01-16-2009, 11:29 AM   #15
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The ruling will not be thrown out. It is about money and the lost opportunities for the securities folks to control that money and make their fees and commissions.

The annuity and life products insurance agents can offer are changing and will adapt to the new rules and those without the securities licenses will have new and improved offerings. This is like the gun control bill that passed about 7 years ago. A few days later they renamed the models of guns and the guns were back on the shelves with new model numbers and names.
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Old 01-16-2009, 11:49 AM   #16
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Well we should all get our security license anyways. It will help us better serve our clients. Will we all use it? Probably not, BUT it does mean we will have more tools in our bag to serve them. So, I don't see it as any big deal myself. Two years to study for a test, not a problem.
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Old 01-16-2009, 12:15 PM   #17
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Originally Posted by jaugusta View Post
Well we should all get our security license anyways. It will help us better serve our clients. Will we all use it? Probably not, BUT it does mean we will have more tools in our bag to serve them. So, I don't see it as any big deal myself. Two years to study for a test, not a problem.
I have always been a little uneasy about many of the folks I know who sell FIA's

We have to talk about a lot of areas that are securities related and we have to avoid a lot of subjects when selling FIA's to be compliant. Many of the FIA's are funded with money from brokerage accounts. Many are funded with money that is taken out of the markets, but supposedly nothing related to investments was discussed during the transaction and sales process. Whatever. Those of us who have sold very many of these annuities know that it is impossible to not make comparisons, discuss risk, and give advice that skirts the intentions of the rules.

I have my securities licenses. I will have to find a RIA or BD to place them with again. I will have to jump through some more hoops I do not look forward to it, but I accept it as part of the price of doing business and selling a product I believe is right for a lot of my clients.

For those of you who do not want to do the securities licensing you will have products to sell.
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Old 01-16-2009, 12:19 PM   #18
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Originally Posted by jaugusta View Post
Well we should all get our security license anyways. It will help us better serve our clients. Will we all use it? Probably not, BUT it does mean we will have more tools in our bag to serve them.
You will realize how ridiculous that sounds once you get your securities license.
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Old 01-16-2009, 12:32 PM   #19
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Yep! Must be one of those young wild eyed, exuberant people I discussed earlier.

FINRA will gladly accept your annual $500. Your BD will gladly take 20/30/40 or even 50 percent of your commission. Your E&O carrier will gladly add another form to your policy to cover securities business, of course with an added premium.

Your admin people will be happy to double your filing cabinet space. Why you ask? To follow the letter of the law, you must segregate all securities files from other files, like insurance files. That reads...different filing cabinet not just a different folder.

All e-mails and all letters must now go to your broker dealer compliance office.

Yep, you will have a lot of fun.


Originally Posted by Franz Kafka View Post
You will realize how ridiculous that sounds once you get your securities license.

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Old 01-16-2009, 12:35 PM   #20
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Originally Posted by Franz Kafka View Post
You will realize how ridiculous that sounds once you get your securities license.
That, my friends, is funny (and true).
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