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The 10-Minute Insurance Analysis

Back in the old days kids would buy a comic book for 10 cents (5 cents if the cover had been removed for re-sale) and peruse the back pages for ads that peddled everything from x-ray glasses to work-out programs that promised to make you into a he-man in two weeks. Purchases were made by mail and paid for with cash, checks or stamps. Buyers were alerted to allow 4-6 weeks for delivery!
 
Not today. Now “graphic novels” cost around ten bucks and things kids need are purchased online with delivery assured almost the moment of the last key stroke. Comedian Steven Wright described the acceleration of the pace of life well when he said, “Last night I made some instant coffee in my microwave oven and it almost went backward in time.”

The insurance industry has responded to the fast pace to which a new generation of buyers has become accustomed with abbreviated and accelerated policy underwriting and issuing programs.

And now you can do the same in drawing conclusions with regard to determining financial need for coverage in less time and little financial information. Try this:
 
For most people, there is only one need.
 
If a client doesn’t have estate tax concerns, then the only insurance need he or she has is for income replacement protection. If a family is managing its affairs properly then maintaining its anticipated income level for the anticipated number of working years left will allow for maintaining the household and achievement of retirement goals.
 
Coverage for that need is easily calculated.
 
Simply take the client’s current earned income and multiple it by the number of working years that remain. In fact, because a death benefit is received income-tax free, use of after-tax income would still be adequate, but allow for a reduction in the amount of coverage sought.
 
Protection can be purchased economically.
 
Coverage is needed for a known period of time (i.e. estimated number of working years remaining). This is exactly when term insurance is needed. There is no reason to buy higher-priced permanent coverage. Beyond retirement clients may want to maintain some coverage for estate liquidity, but they can either apply for new permanent coverage or exercise the conversion privilege under the term policy.
 
The cost is guaranteed and can reduce over time.
 
Clients can “lock-in” the cost of their income replacement protection with guaranteed level term insurance for a period that covers the number of anticipated working years. As the number of working years reduces with time the death benefit on the policy can be easily reduced. But often the face amount is left level to accommodate for raises, bonuses, or inflation.
 
A two-policy proposal.
 
Don’t forget coverage on a spouse, especially if he or she is also a wage-earner. But even a stay-at-home spouse raising children should be considered for insurance in an amount that would allow for providing the services necessary to keep the household in its accustomed style and schedule of life.
 
This simplified sales process also allows for more profitable execution of a term sale which, given the lower premium size, is less cost effective for you in terms of commission revenue.
 
Groucho Marx once commented on the pace of life when he observed: “Time flies like an arrow. And fruit flies like an over-ripe banana!” I believe he would advise that to save time you call for help with your case-related tax and planning issues at 706-614-3796 or tom@cpsadvancedmarkets.com.
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Buy-Sell Agreements: The Importance Of Transition Planning

The 24-year old actor James Dean was the iconic Rebel Without a Cause, the image of teenage angst, who already had three blockbuster movies under his belt before a misplaced 1950 Ford Tudor blocked the intersection on US Route 466 that would serve as a premature end to the meteoric rise of the young star. It is reported that “Humphrey Bogart, who also knew a thing or two about image making, once said: ‘Dean died at just the right time. He left behind a legend. If he had lived, he’d never have been able to live up to his publicity.’” Sometimes in the entertainment world death is a good career move.
 
And we tend to view buy-sell agreements the same way. The best “move” the participants can make in triggering its fulfillment is for one of the participants to die.
 
Fund the event with life insurance that provides tax-free dollars that are used to purchase the inherited interest from the estate (with a step-up in basis, no less) and everyone goes happily on their way to a new and more cash-flushed existence.

Consequently the death of an owner is the contingency on which we focus too exclusively when planning.

The fact is that a business owner usually doesn’t die. They often leave the business for one reason or another that initiates a buy-out that usually takes the form of a down payment (maybe) and an installment sale for an agreed number of years at an agreed interest rate.
 
Even then life insurance is important.
 
Consider two instances:
  1. The remaining owners buy out a departing partner under an agreement funded with life insurance. The coverage on the departing partner can be kept in force to provide remaining owners funds to pay-off the loan balance should the seller die during its term. It also relieves the departing partner of any concern whether or not the balance will be paid to his family should he die. This arrangement may be cleaner if the policy is transferred back to the insured and a collateral assignment is given in the amount of the loan balance. If so, tax issues and premium-payment arrangements would need to be ironed out.
  2. A younger key person buys out a retiring owner-employer. The retiring seller wants to be sure of payment in the event of the death of the key person-buyer during the term of the loan. Carriers do not recognize a creditor’s insurable interest in a debtor, so they won’t allow the seller to purchase coverage on the borrower. However, the borrower can buy coverage, justifying it as personal insurance, and give a collateral assignment for the balance and term of the loan.
We recently assisted in a case similar to situation #2. We advised with regard to structuring the personally-owned coverage on the purchaser. We advised concerning the drafting of the collateral assignment. We laid a good predicate with the carrier to assure they understood the case – and then the selling owner placed the business through another agent and, consequently, another general agency. As my Mother used to say, “No good deed goes unpunished.” I say simply, “A pox on his house!”
 
Every business you represent should have in place an updated documented transition plan. If one doesn’t, then tell the owners they go to bed every night unsure of who they will be in business with the next morning! Then call us to assist you in all matters of their buy-sell planning and funding. Remember, we will get on the phone with you and talk directly to both your clients and their advisors if you think it beneficial.
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Executive Bonus – Enhanced To Show Quality

If you wanna feel better about yourself just do an Internet search on something like Celebrities Without Makeup, or Un-photo-shopped VIPs. It will do your heart good to see how plain looking or, in some cases, how down-right ugly-wuggly many icons among the “beautiful people” really are in their natural state.
 
Personalities whose reputation rests significantly on their physical attractiveness even have a critical team member responsible for the prior scouring of any pictures intended for distribution to assure that nothing un-doctored, un-enhanced, or unflattering slips through for consumption by the masses.

The Lady and Lord Mucks of the entertainment world understand that they work in a tough marketplace and things simply sell better when they look good.

Perhaps we insurance advisors could take a lesson from that when showcasing our own products and services. The difference is that a properly accoutered insurance-funded benefit plan will not only sell more easily, it will remain an ongoing thing of attractiveness and substance to those it protects.
 
A prime example is the often unadorned (and as a result the often unsold) executive bonus arrangement. The plan chassis is simply an executive-owned policy paid for by the employer. But creative use of some of its flexible features makes it the most attractive non-qualified benefit in most business situations:
 
Eliminate sticker shock.
 
The amount of premiums paid by the employer is reported on the executive’s W-2. Avoid the sting of a year-end tax increase by adjusting the bonus so that the after-tax amount covers the planned premiums and the remainder can be withheld to cover taxes on the total bonus on April 15.
 
Forget about recovering costs.
 
Too many employers worry about getting premiums back if the executive leaves after a couple annual bonuses. If recovery is a serious issue than use a split dollar plan. Otherwise provisions requiring reimbursement are burdensome and reduce the attractiveness of the plan to the executive. An employer can reduce risk by funding a policy at lower premium levels in the early years, then increasing the bonus amount as the service period lengthens.
 
Make it a “gold watch” as well.
 
A policy that must be maintained by the executive beyond retirement can be seen as an anticipated burden that takes some of the luster off the current benefit of the coverage. Fund the policy in a manner that will achieve paid-up status and allow the executive to carry the self-sustaining policy into his or her non-working years.
 
Make it a “living benefit” as well.
 
Adding a long-term care rider gives the executive lifetime protection as well by assisting with costs of care using tax-free accelerated benefits. Funding the policy to paid-up status at retirement gives the executive this protection through his or her entire life.
 
Economize using a “two-policy solution”.
 
A paid-up permanent policy, especially with an LTC rider, can get costly. Recognizing that death protection needs are higher during the working years, structure the plan so that the bulk of the coverage is provided with a level-premium term policy for the duration of the anticipated working life. This can be dropped at retirement when no longer needed.
 
In addition, carry a smaller permanent policy whose death benefit will cover a significant portion of costs if long-term care expenses arise, but will still provide adequate estate liquidity if long-term care needs don’t arise.
 
The ultimate futility of cosmetic or techno-treatment to shore up current or deteriorating beauty was summed up best by comedian Moms Mabley when she said, “Beauty is only skin deep, but ugly is to the bone!” But there is no decline in the beauty of a well-designed benefit plan that will keep good executives in the company fold through the provision of employer-provided lifelong protection.
 
Call Tom Virkler, JD, Director of Advanced Markets, with questions on your next case at 706-354-0401 or tom@cpsadvancedmarkets.com.
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The Most Important Business Asset May Be At Risk!

Business owners regularly protect against the loss of their company’s buildings, equipment, and inventory. They even insure against intangible risks like liability.

But what about their most valuable asset: the key employers who keep the company running profitably, who monitor and keep pace with the industry, and who service and grow the customer base?

Protecting against the financial hardship of losing an executive due to death or disability can be accomplished very simply by insuring the employee. 

Key person planning involves:
  • Obtaining business-owned life and disability coverage on those in important positions. The insurance provides tax-free benefits to help through the transition time to recruit and train new executives.
  • Key person planning can also involve placement of personal coverage to ensure a key person’s family is protected against the loss.
  • The process also opens the discussion to other business planning needs requiring insurance coverage, such as business transition planning, or selective fringe benefits to keep important employees with the company.

We will enable you to be at the center of your business clients’ total risk management program by working with you, your client, and their advisors to design, implement, and administer the insurance solutions needed. Plus, you’ll get paid for writing the coverage that funds these programs.

Call today with questions or for assistance with any client or prospect who needs to protect against the loss of valuable personnel: Tom Virkler, JD, at 706-614-3796 or tom@cpsadvancedmarkets.com.

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CPS’s Best-Kept Secret Finally Revealed

Unveiling CPS’s 401(k) Powerhouse

For years, CPS has been synonymous with excellence and innovation in the business world. Yet, tucked away behind the company’s well-known reputation is a game-changing asset that few outside the inner circle truly appreciate: the full-service 401(k) division.

This specialized team has quietly revolutionized retirement planning for a diverse array of businesses, offering expertise and solutions that reach far beyond the industry’s conventional offerings.

A Strategic Advantage for Forward-Thinking Businesses

CPS’s 401(k) division is not just another service—it’s a strategic advantage for companies determined to secure their employees’ financial futures and optimize organizational performance. By delivering tailored, end-to-end retirement planning, CPS equips businesses with the tools and guidance they need to stand out in today’s competitive landscape. The division’s success is rooted in a client-first philosophy, where every recommendation is tailored to the unique needs of each organization and its workforce.

Unmatched Results Driven by Expertise

What sets CPS’s 401(k) team apart is not only its comprehensive approach but also the tangible results it achieves. Generating over $1,000,000 in commissions annually, the division has demonstrated an exceptional ability to deliver value at scale. These impressive numbers reflect a team of seasoned professionals who master the intricate details of compliance, fiduciary duty, and investment strategy. Their deep knowledge ensures every client receives guidance that maximizes returns while minimizing risk—no matter how complex the situation.

The CPS Difference: Beyond Cookie-Cutter Solutions

In an industry crowded with one-size-fits-all plans, CPS’s 401(k) division stands out for its bespoke solutions. The team works closely with business leaders to design, implement, and manage retirement strategies that evolve alongside each company’s goals and challenges. This proactive approach fosters employee confidence and loyalty, helping businesses attract and retain top talent while reinforcing their commitment to long-term financial wellness.

The Secret Is Out—Are You Ready?

After years of quietly transforming the retirement landscape for countless organizations, CPS is bringing its 401(k) division into the spotlight. For companies seeking a genuine partner—one that blends financial expertise with relentless client advocacy—the answer is clear. It’s time to move beyond standard plans and unlock a service that delivers measurable impact for your business and your people.

The secret is out—are you ready to take advantage of it? Contact Jim Moore, CPS Vice President of Retirement Services, at 949-225-7145 or jmoore@cpsbenefits.com. 

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Policy Valuation: How Much Are You Worth?

A bidder at an auction purchased a Stradivarius and a Rembrandt for what he felt was an unbelievably low price. He took them to an appraiser to see if they were authentic. The appraiser informed him, “Yes, they are authentic. It’s just a shame that Stradivarius couldn’t paint and that Rembrandt didn’t know beans about making a violin.”
 
The common legal definition for fair market value of an asset is the price on which a seller and a buyer can agree, neither being under any constraint and both being aware of all the circumstances. Simple enough. So why is there so much confusion with regard to valuation of an inforce life insurance policy?

The need for a reliable value occurs often in the business, estate and financial planning process.

And by “reliable” we mean one that the IRS will find acceptable, because usually the value is needed to calculate the tax consequences at the time of an ownership change.
 
The reason the IRS takes such an interest with life policies is, probably, because most transactions don’t involve parties whose opposing interests are characterized by a level of dynamic tension that will necessarily result in a fair and final value.
 
Consider This:
  • An employer distributing a business-owned contract to an employee-insured (e.g. distribution of a key person policy at retirement) may appreciate the corresponding business deduction, but probably would be happy to undervalue it to augment the benefit to a long-time employee by decreasing the amount he or she must recognize as income.
  • When a policy is distributed from a qualified plan, the stated value matters not at all to the plan trustee. But to the participant who must recognize the value as income (perhaps even with a 10% tax penalty) the lower the valuation, unrealistically or not, the better.
  • In a gifting situation the transferor of a policy is of a donative mindset anyway, so a lower value doesn’t reduce anything he or she might have received in return, except the size of a gift tax bill. So the lower the better, again realistically or not.
The difficulty is that neither Congress nor the IRS nor the courts have put together a reliable set of laws, regulations and rulings that allow for easy or certain valuation of a policy. Taxpayers must deal with a hodge-podge of criteria that vary with circumstances and with interpretation of the facts.
 
The good news for the insurance advisor is – it is not your responsibility to determine value, nor should you try. Rendering an opinion is outside the scope of your legitimate professional activity. The best you can, and should, do is offer to request from the carrier their “Form 712” valuations used by an executor in determining a policy’s value in an owner’s estate. You will get back one or more numbers.
 
The most common is the interpolated terminal reserve, but many will also include: accumulated cash value, PERC value, premiums paid, cash surrender value, tax reserve, statutory reserve, etc. Provide it to the attorney, CPA or appraiser to assist in their valuation. You’ve done all you can and more than most would.
 
There is another story of an auctioneer who was interrupted when his clerk handed him a note. Reading it the auctioneer announced, “A gentleman has lost a wallet containing $500 in cash. If it is returned, he will pay a reward of $100.” After a moment someone in the audience shouted, “$150!”
 
Call with any questions concerning policy valuation. We will make it worth your while.
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Who Qualifies For Non-Qualified?

In 1826 the German author Joseph Freiherr von Eichendorff (Jo-Eich for short) published a novella titled (in English) Memoirs of a Good-for-Nothing. Both he and it are unimportant except for a Latin phrase from the book: Quod licet Iovi, non licet bovi, translated, “What is permissible for Jove, is not permissible for the bull.” It describes the common double standard when, “what is permitted to one important person or group, is not permitted to everyone.”
 
Seems a bit unfair, but the expression can be turned on its head: “What is permissible to the bull, is not permissible to Jove.”

The visibility and responsibilities of those in high places often deny them the flexibility and lack of restraint enjoyed by the common folks in the seclusion and simplicity of their more private lives and smaller worlds.

A good example is in the matter of non-qualified benefits and owners of businesses; but the reversed double standard is caused by the tax law, not because of anyone’s high or low position or estate.
 
Consider the following assuming a 100% company owner with full-time employees.
 
Qualified Plans
 
These include benefits whose cost is immediately deductible to the employer, but for which taxation of those costs is deferred and not recognizable to the plan participants until benefits are actually received. The most common examples are qualified retirement plans. The limitations for the owner are, first, that there is a ceiling on how much can be contributed on his/her behalf. In addition, contributions must be made for qualifying employees, reducing the attractiveness of the plan for owner-retirement.
 
Non-Qualified Plans
 
These most commonly take the form of Deferred Compensation (DC) or Executive Bonus (EB) plans. Here the employer has broad latitude to discriminate regarding participation and the amount of benefits under the plan, but any employer deduction for a contribution must take place and only takes place when that amount is recognizable as income to the benefiting employee.
 
No Owner Advantage for a Pass-Through Entity
 
(An S-Corp, partnership, or an LLC taxed as either one) Premiums paid under an EB plan are deductible to the business, but recognizable on the owner’s W-2 that year. Any undistributed amounts held under a DC plan are still reported on the owner’s Schedule K-1 for that year.
 
No Advantage for C-Corp Owner
 
(Or an LLC taxed as a C-Corp) Here too, EB premiums are deductible to the company, but reportable on the owner’s W-2. But amounts held for a DC plan contribution fare even more poorly. The money held back is first taxed in the company’s corporate bracket. At distribution there is a business deduction, but the owner gets taxed again in his/her personal bracket.
 
Perhaps a More Advantageous Alternative
 
A personally-owned, over-funded life insurance policy acts much like a Roth IRA, but without all of the disadvantages of a Roth. Let’s talk about that next week.
 
Winston Churchill certainly understood the privileges of position. The story goes that one morning several subtle altercations had taken place between him and his long-standing personal valet, David Inches. Later in the day the following exchange took place: Churchill: You were very rude to me, Inches. Valet: You were very rude to me, sir. Churchill: Yes, but I’m a great man!
 
Get in touch to discuss how business owners can benefit themselves better or with any other planning questions that arise in your casework, at either 706-614-3796 or tom@cpsadvancedmarkets.com.
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Policy Conversions & Ownership Transfers: All Things In Good Order

It was an eye-opener the first time I walked into the office of a civil engineer back in the 1970s and saw, spread across an entire wall, the flowchart mapping out the relationship and time sequence of all that was involved in getting an eight-story building there in the Burg from ground-breaking to grand-opening.
 
The complexity of the diagram was a mind boggle of boxes at several levels top to bottom, each containing a task that demanded completion before progression on the line to the next box was possible.
 
As we sit comfortably in the air-conditioned result of a similar building plan, the ease with which we can turn a tap or flip a switch seldom causes us to pause and think of all that got us there.

The order of things is essential. The correct order is critical. Fortunately the order and timing of insurance conversions and ownership transfers is less complicated.

A common planning scenario involves a personally-owned term policy where conversion is considered because of a decline in the health. The goal is to transfer the policy to an irrevocable trust either to protect the death benefit from estate taxes, creditors or spendthrift heirs – or any combination of the three!
 
The issue at hand is whether to convert before or after the transfer of the policy to the trust.
 
The answer will probably turn on the “best” fair market value for the contract.
 
Most advisors will probably choose to determine that the FMV of the term policy is its interpolated terminal reserve. Level term products do have a reserve to offset the “underpayment” of premium in the later years when the insured is older, but the premiums remain the same. On the other hand most advisors will determine that the FMV of the new permanent policy (in its first contract year) as premiums paid. Usually the advisor will opt for the lower of the two.
 
If the policy is to be gifted to the trust the lower FMV could keep the gift within sum of the available annual exclusions (usually $14,000 per trust beneficiary) to avoid the need to file a gift tax return.
 
If the policy is to be sold to a grantor trust (to avoid the three-year look-back), the lower FMV will require that less cash be gifted to the trust to be used by the trustee to purchase the policy from the insured/grantor.
 
Call us when client planning involves the combined issues of policy conversion and ownership transfer. We will assist in getting the information for determining the FMV of both policies and will assist legal and tax counsel with the information they need to properly order the transactions.
 
Back to the 70s – before the eight-story was completed I had gotten to know many of the workers at the job-site. They complained that working construction was too much like Christmas Day. They did all the work only to have some fat guy in a suit get all the credit.
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Using Excess RMDs To Increase Your Legacy

The London Bach Choir has been around since 1876 when it debuted with a performance of Bach’s B Minor Mass. For the next ninety or so years their gig didn’t get much attention except among those with a musical preference for things like, well… the B Minor Mass.
 
But all that changed in 1969. Their exposure and listener-ship ballooned when popular singer-songwriter Michael Philip Jagger solicited their participation in a recording with his rock group, The Rolling Stones. The result was a tune that has since become a staple in The Stones’ performance repertoire and in the world of popular music.
 
Few today are unfamiliar with its iconic lyrics:
 
You can’t always get what you want.
But if you try sometime,
You just might find,
You get what you need.
 
And so it is when older clients reach age 70-1/2 and want to use the required minimum distributions (RMDs) from qualified plans as a source of premium to buy insurance coverage, sometimes in response to carrier marketing programs encouraging the practice.

As an advisor, you should be aware of and alert your clients to several issues in this marketplace if you are to effectively manage expectations as well as make an achievable sale.

Middle-market prospects often don’t have financial justification for coverage.
 
In these days of sizeable lifetime exemptions most don’t face any anticipated estate tax and most don’t have an income replacement need because they have little or no earned income in their retirement years.
 
Carrier enthusiasm is curbed when traditional financial needs don’t exist.
 
And this despite marketing campaigns to the contrary. An underwriter on a case is like the conductor on a train. Nothing moves down the track till he or she gives the word. And sales pieces are not always run by a carrier’s “conductor” prior to distribution.
 
The percent-of-net-worth solution.
 
Many carriers are sympathetic to issuing insurance in an estate for liquidity, inheritance equalization, or the promotion of the ease of asset distribution. Consequently some will allow, even in the absence of traditional justification, an amount of coverage determined as a percent of the total estate, the number varying among receptive carriers. Existing coverage is taken into account.
 
So don’t just throw an app up against the wall.
 
You must know the sympathetic carriers and be able to state a purpose for coverage other than “to increase the legacy.” Those words were used in the title only to get your attention. If you use them on an app they will surely get the attention of an underwriter, but not with beneficial results.
 
Give us your client’s situation and let us informally financially shop your case. When submitted the stated purpose will be “see attached cover letter” which we will write for you based on prior conversations with the underwriter.
 
It is worth the time. The coverage is on an older client utilizing a permanent product, a sale that will result justifiable compensation for your extra effort.
 
Both The Rolling Stones and the Bach Choir are still with us. Jumpin’ Jack isn’t as Flashy as he once was. But the Choir rolls on even expanding its footprint in the world of popular entertainment, participating in the soundtrack of movies like Robin Hood, The Chronicles of Narnia, Shrek the Third and Jack the Giant Slayer.
 
Call us with any older-client case you have at 706-614-3796 or tom@cpsadvancedmarkets.com. You just might find that what you need is what you want.
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Life Insurance Benefits In The Here And Now

In the world of aeronautics, the term envelope is used to describe the performance limits that an aircraft cannot safely exceed.  In his book The Right Stuff, Thomas Wolfe popularized the term pushing the envelope to describe the in-flight risks often taken by Air Force test pilots, particularly Chuck Yeager.

Business owners often ask if there are any tax-advantaged benefits they can provide for themselves through their company exclusive of employees.  The answer is, pretty much, “No.”

But overfunding a permanent life insurance policy has many attractive features and is an increasingly popular planning device.

On paper it is a simple executive bonus plan. 

Premiums that the business pays on the owner’s personal policy can be tax-deductible as compensation, but the same amount must be recognized as income on the owner’s W-2.  The policy is maximum funded each year without creating a modified endowment contract (MEC) to encourage as much cash value growth as possible.

Clients are often discouraged that the contributions are not deductible but usually reconsider when the plan elements are compared to another popular qualified vehicle, the Roth IRA.

Consider:

The temptation to push the envelope can occur in the insurance industry as much as in aviation.  Several precautions are in order when marketing and selling this versatile and effective concept:
  • Don’t refer to an over-funded UL plan as a retirement plan, or even a retirement plan alternative. It can easily lead a client to believe it is some sort of tax-qualified plan.  In addition, it overlooks accessibility to cash any time during the insured’s working life.
  • But if a major purpose of the plan is savings for post-retirement needs, make sure the client is taking advantage of any qualified plan opportunities available, including a personal IRA or a personal Roth IRA, if eligible.
  • As with any life insurance sale, make no guarantees, especially regarding policy account growth.
  • Again, as with any insurance sale, give proper attention to product suitability.
  • Illustrate acceptable sales ledger growth prospects and make sure the death benefit/premium balance will achieve optimum account growth. The usual design is a death benefit only large enough to accommodate the desired annual premium level without the creation of a MEC.

Contact tom@cpsadvancedmarkets.com or 706-614-3796 with questions about the use of overfunded UL in owner or non-owner benefit plans, and contact the Life Sales Team for sales ledgers.

For What It’s Worth: Some suggest that “pushing the envelope” derives from the practice of sliding a sealed offer across the table in a business transaction.  If unaccepted, one might say that progress on the deal becomes stationery.

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