Everybody should be follow'n this/Call for Better Oversight of Retained-Asset Accounts
noir.bloomberg.com/apps/news?pid=newsarchive&sid=aRr_RuEc6OeIInsurance Regulators ‘Ramping Up’ Retained-Asset Disclosure
noir.bloomberg.com/apps/news?pid=newsarchive&sid=a8SOwlais68oGates Says Pentagon to Help Death-Benefits Inquiry (Update3)
noir.bloomberg.com/apps/news?pid=newsarchive&sid=aF133j0QyP30Fallen Soldiers’ Families Denied Cash Payout as Insurers Profit
noir.bloomberg.com/apps/news?pid=newsarchive&sid=af68fvdC2w8INew York to Probe Legality of Benefit Retention by Insurers
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noir.bloomberg.com/apps/news?pid=20601087&sid=aJYeYgYXBba4&pos=7 Regulators Call for Better Oversight of Retained-Asset Accounts
By Andrew Frye and David Evans
Aug. 3 (Bloomberg) -- U.S. insurance watchdogs need to improve oversight of life insurer accounts that allow companies to retain death benefits and profit on the funds, state regulators said today.
“Obviously this is not a topic we’ve been spending a lot of time on,” said Susan Voss, president-elect of the National Association of Insurance Commissioners, in an interview today at Bloomberg headquarters in New York. “That’s not to say that we can’t do a better job.”
The NAIC said last week it is reviewing so-called retained- asset accounts after Bloomberg Markets reported that the funds allow more than 100 carriers to earn income on $28 billion owed to life insurance beneficiaries. New York-based MetLife Inc., the biggest U.S. life insurer, retains about $10 billion and was among carriers subpoenaed by New York Attorney General Andrew Cuomo last week amid a fraud investigation.
MetLife and No. 2 Prudential Financial Inc. are among the firms that administer the accounts, which aren’t backed by the Federal Deposit Insurance Corp. The insurers are paying uncompetitive interest rates and giving clients misleading guarantees, Bloomberg Markets said.
“There need to be improved disclosure requirements,” said Jane Cline, NAIC president, in an interview on Bloomberg Television today. “We will be ramping up our consumer-education initiatives on this.”
‘Secret Profits’
Cuomo said the accounts generate “secret profits” for carriers at the expense of bereaved beneficiaries. Matt Gaul, deputy superintendent of the New York State Insurance Department, questioned whether rules permit carriers to maintain the accounts. The New York regulator, a member of the NAIC, plans to review the legality of the practice.
MetLife and Newark, New Jersey-based Prudential place death benefits in interest-bearing accounts and issue IOUs to survivors. Carriers profit by investing the funds in bonds and keeping the difference between returns and the interest they credit to the accounts.
Defense Secretary Robert Gates has pledged to help the U.S. Department of Veterans Affairs investigate the accounts on behalf of the families of deceased military personnel. Representative Patrick Murphy, a Pennsylvania Democrat and veteran, called on Prudential to hand over profits on the accounts to beneficiaries. U.S. legislation requiring profit disclosure was introduced on July 30 by Representative Debbie Halvorson, an Illinois Democrat.
Rejected Twice
Prudential paid survivors like Cindy Lohman, the mother of a slain Army sergeant, 1 percent interest in 2008 on their Alliance Accounts, while it earned a 4.8 percent return on its corporate funds, according to regulatory filings. Lohman told Bloomberg Markets that her IOUs were rejected twice by salespeople when she tried to use them to make retail purchases.
Insurers market the accounts as a service to allow bereaved beneficiaries time to think about what they’ll do with the payout. Accountholders have full access to their funds and have told MetLife that they “love” the service, Robert Henrikson, the company’s chief executive officer, said on July 30 in a conference call with analysts.
Prudential was subpoenaed in Cuomo’s probe, the attorney general said in a statement. Genworth Financial Inc., Unum Group, New York Life Insurance Co., Northwestern Mutual Life Insurance Co., Guardian Life Insurance Co. of America and an insurer acquired by France’s Axa SA, were also subpoenaed, a person briefed on the demands said last week.
To contact the reporters on this story: Andrew Frye in New York at afrye@bloomberg.net; David Evans in Los Angeles at davidevans@bloomberg.net.
Last Updated: August 3, 2010 14:31 EDT
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Aug. 3 (Bloomberg) -- Jane Cline, president of the National Association of Insurance Commissioners, talks with Bloomberg's Julie Hyman about insurance companies' so-called retained-asset accounts. The NAIC said last week it is reviewing the accounts after Bloomberg Markets reported that the funds allow more than 100 carriers to earn income on $28 billion owed to life insurance beneficiaries.
Watch David Evans Interview July 28 on Retained Asset Accounts
July 28 (Bloomberg) -- David Evans talks with Bloomberg's Scarlet Fu about his investigation into retained-asset accounts by life insurers and how the insurers profit from these accounts at the expense of grieving families.
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noir.bloomberg.com/apps/news?pid=newsarchive&sid=aRr_RuEc6OeI Insurance Regulators ‘Ramping Up’ Retained-Asset Disclosure
By Julie Hyman and Hugh Son
Aug. 3 (Bloomberg) -- Insurance watchdogs must make sure life insurance beneficiaries are better aware of their options for collecting proceeds from so-called retained-asset accounts, the leader of a group of regulators said today.
“There need to be improved disclosure requirements,” said Jane Cline, president of the National Association of Insurance Commissioners, in an interview on Bloomberg Television. “We will be ramping up our consumer-education initiatives on this.”
The NAIC said last week it is reviewing retained-asset accounts after Bloomberg Markets reported that the funds allow more than 100 carriers to earn income on $28 billion owed to life insurance beneficiaries. New York-based MetLife Inc., the biggest U.S. life insurer, retains about $10 billion and was among carriers subpoenaed by New York Attorney General Andrew Cuomo last week amid a fraud investigation.
To contact the reporters on this story: Hugh Son in New York at Hson1@bloomberg.net;
Last Updated: August 3, 2010 14:05 EDT
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Watch NAIC's Cline Interview About Retained-Asset Accounts
Aug. 3 (Bloomberg) -- Jane Cline, president of the National Association of Insurance Commissioners, talks with Bloomberg's Julie Hyman about insurance companies' so-called retained-asset accounts. The NAIC said last week it is reviewing the accounts after Bloomberg Markets reported that the funds allow more than 100 carriers to earn income on $28 billion owed to life insurance beneficiaries.
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noir.bloomberg.com/apps/news?pid=newsarchive&sid=a8SOwlais68o Gates Says Pentagon to Help Death-Benefits Inquiry (Update3)
By Andrew Frye and David Evans
July 29 (Bloomberg) -- Defense Secretary Robert Gates pledged to help the U.S. Department of Veterans Affairs probe how insurers reap profits from death benefits retained for the families of deceased military personnel.
“I will be very interested in the outcome of the VA investigation,” Gates told a Pentagon press briefing. “We will do everything we can to help.”
New York Attorney General Andrew Cuomo has begun a fraud probe into the life insurance industry and subpoenaed MetLife Inc. and Prudential Financial Inc. and, according to a person briefed on the action, six other companies for information about profits on the retained death benefits.
The investigations, along with a review by the New York State Insurance Department, were prompted by a Bloomberg Markets magazine report that more than 100 carriers earn investment income on $28 billion owed to life insurance beneficiaries. New York-based MetLife, the biggest U.S. life insurer, and No. 2 Prudential are among the firms that administer the so-called retained-asset accounts.
“Until today I actually believed that the families of our fallen heroes got a check for the full amount of their benefits,” Gates said. “This came as news to me.”
Advisory Council
He is among the members of an Advisory Council on Servicemembers’ and Veterans’ Group Life Insurance that oversees the program at the Department of Veterans Affairs. The panel includes the secretaries of defense, commerce, health and human services and homeland security, and the director of the White House budget office. It meets at the call of the secretary of veterans affairs.
Gates told reporters today he didn’t realize he was on the council.
Cuomo, in a statement today, called it “shocking and plain wrong for these multinational life insurance companies to pocket hundreds of millions in profits that really belong to those who have lost family members.” He accused the industry of “hoarding millions that belong to military families.”
As the state widened its probe, Cuomo has subpoenaed Genworth Financial Inc., Unum Group and an insurer acquired by France’s Axa SA, said a person briefed on the demands. New York Life Insurance Co., Northwestern Mutual Life Insurance Co. and Guardian Life Insurance Co. of America also were ordered to turn over information, said the person, who declined to be identified because the subpoenas hadn’t been publicly disclosed.
‘Troubling’
Matthew Gaul, deputy superintendent and head of the New York regulator’s life insurance division, said yesterday in an interview that “it’s troubling that people are not getting an immediate payment and that the insurance companies at least seem to be making some effort to make money off this.”
Cuomo’s subpoena demands information about the difference in interest income earned by the insurers and the rate paid to beneficiaries. His office is also seeking information about how survivors are told about the conditions of the accounts.
Insurance companies may be violating a federal bank law, Bloomberg Markets reported. A 1933 statute makes it a felony for any company to accept deposits without state or federal authorization. The insurer accounts aren’t guaranteed by the Federal Deposit Insurance Corp.
“We’re looking at the legality of this whole process,” Gaul said. “There’s a question of whether this is really a banking business.”
IOUs Issued
MetLife and Newark, New Jersey-based Prudential place death benefits in interest-bearing accounts and issue IOUs to survivors. Insurers market the accounts as a service to allow bereaved beneficiaries time to think about what they’ll do with the payout. Carriers make money by investing the funds in bonds and keeping the difference between returns and the interest they credit to the accounts.
“Beneficiaries have full access to the money in their retained asset accounts and can withdraw the full amount right away or at a later date,” the American Council of Life Insurers, the industry lobby headed by MetLife Chief Executive Officer Robert Henrikson, said in a statement. “Retained asset accounts provide a significant benefit to family members who are dealing with the emotional loss of a loved one.”
Representative Patrick Murphy, a Pennsylvania Democrat and veteran who served in Bosnia and Iraq, wrote Prudential Chairman and CEO John Strangfeld today asking that the company disclose the amount of profit earned on the retained benefits and “return that money to the beneficiaries.”
“Profiteering off the death of troops who sacrificed their lives in Iraq and Afghanistan cannot stand,” Murphy, a member of the House Armed Services Committee, said in the letter. “I will also pursue legislation to ensure this never happens again.”
1 Percent Interest
Prudential paid survivors like Cindy Lohman, the mother of a slain Army sergeant, 1 percent interest in 2008 on their Alliance Accounts, while it earned a 4.8 percent return on its corporate funds, according to regulatory filings. Lohman told Bloomberg Markets that her IOUs were rejected twice by salespeople when she tried to use them to make retail purchases.
“The possibility that life insurance companies are profiting inappropriately from these service members’ sacrifice is completely unacceptable,” Mike Walcoff, acting undersecretary for the VA’s Veterans Benefit Administration, said yesterday in a statement that announced an investigation.
Thomas Considine, commissioner of the New Jersey Department of Banking & Insurance, said he instructed staff to question Prudential about Lohman’s rejected IOUs.
New York Regulator
The New York regulator plans to issue a letter to insurers urging greater disclosure of the accounts’ terms and the absence of an FDIC backstop, Gaul said. The watchdog will then consider whether any rules would prohibit insurers from providing the accounts, Gaul said.
Pennsylvania Insurance Commissioner Joel Ario is considering a plan to require insurers to obtain the consent of beneficiaries before creating an account on their behalf. He said in an interview that his staff is studying the issue.
The National Association of Insurance Commissioners, a group of state regulators, said it will reexamine rules about what life insurers must disclose to policyholders about retained-asset accounts.
“Regulators are also reviewing the transaction requirements and terms for the ‘checkbook’ usage associated with these types of policies,” Jane Cline, president of the group, said in an e-mailed statement today.
“Prudential and its Alliance Accounts are in compliance with all applicable laws and regulations,” Bob DeFillippo, a spokesman for Prudential, said yesterday. Christopher Breslin, a spokesman for MetLife, had no comment.
MetLife’s Joseph Madden told the magazine that customers were happy with the accounts.
Backstop for Insurers
Considine, of New Jersey, said his department has never received a complaint about retained accounts. State guarantee funds backstop insurers and provide account holders with protection against default by carriers, Considine said.
“They do bring a very, very real consumer benefit,” Considine, who was familiar with the accounts during his 17-year career at MetLife, said in an interview.
State regulators are supposed to back life policies by raising money from insurers that do business in their state. There are no public records showing how much companies are holding in the retained-asset accounts, Bloomberg Markets reported.
“It appears that the substantial interest earned on these accounts mostly benefit and enrich the insurers at the expense of the families to whom the money really belongs,” Cuomo said. “Beneficiaries are not adequately informed by the insurers of the details of these accounts including the fact that the insurers are making huge profits at the expense of the grieving family.”
To contact the reporters on this story: Andrew Frye in New York at afrye@bloomberg.net; David Evans in Los Angeles at davidevans@bloomberg.net.
Last Updated: July 29, 2010 22:46 EDT
Watch Bloomberg's Evans on Cuomo Probe on Life Insurers
July 29 (Bloomberg) -- Bloomberg's David Evans talks about New York Attorney General Andrew Cuomo's fraud probe into the life insurance industry. Cuomo's office subpoenaed Prudential Financial Inc. and MetLife Inc. for information about profits on death benefits retained from the families of deceased policyholders including military personnel. Cuomo’s investigation was prompted by a Bloomberg Markets magazine report and follows a review by the New York State Insurance Department. Evans speaks with Margaret Brennan and Scarlet Fu on Bloomberg Television's "InBusiness". _______________________________________________________
noir.bloomberg.com/apps/news?pid=newsarchive&sid=af68fvdC2w8I New York to Probe Legality of Benefit Retention by Insurers
By Andrew Frye and David Evans
July 29 (Bloomberg) -- The New York State Insurance Department plans to review the legality of an industry practice that directs death benefits to accounts managed by carriers on behalf of beneficiaries.
“It’s troubling that people are not getting an immediate payment and that the insurance companies at least seem to be making some effort to make money off this,” Matthew Gaul, deputy superintendent and head of the New York regulator’s life insurance division, said yesterday in an interview.
Gaul’s comments followed a Bloomberg Markets magazine report profiling a practice that allowed more than 100 carriers to retain and earn investment income on $28 billion owed to life insurance beneficiaries. New York-based MetLife Inc., the biggest U.S. life insurer, and No. 2 Prudential Financial Inc. are among the firms that administer these so-called retained- asset accounts, which aren’t guaranteed by the Federal Deposit Insurance Corp.
Insurance companies may be violating a federal bank law, Bloomberg Markets reported. A 1933 statute makes it a felony for any company to accept deposits without state or federal authorization.
“We’re looking at the legality of this whole process,” Gaul said. “There’s a question of whether this is really a banking business.”
MetLife, Prudential
MetLife and Newark, New Jersey-based Prudential place death benefits in interest-bearing accounts and issue IOUs to survivors. Insurers market the accounts as a service to allow bereaved beneficiaries time to think about what they’ll do with the payout. Carriers make money by investing the funds in bonds and keeping the difference between returns and the interest they credit to the accounts.
Prudential paid survivors like Cindy Lohman, the mother of a slain Army sergeant, 1 percent interest in 2008 on their Alliance Accounts, while it earned a 4.8 percent return on its corporate funds, according to regulatory filings. Lohman told Bloomberg Markets that her IOUs were rejected twice by salespeople when she tried to use them to make retail purchases.
“Beneficiaries have full access to the money in their retained asset accounts and can withdraw the full amount right away or at a later date,” the American Council of Life Insurers, the industry lobby headed by MetLife Chief Executive Officer Robert Henrikson, said in a statement. “Retained asset accounts provide a significant benefit to family members who are dealing with the emotional loss of a loved one.”
Questioning Prudential
Thomas Considine, commissioner of the New Jersey Department of Banking & Insurance, said he instructed staff to question Prudential about Lohman’s rejected IOUs.
The New York regulator plans to issue a letter to insurers urging greater disclosure of the accounts’ terms and the absence of an FDIC backstop, Gaul said. The watchdog will then consider whether any rules would prohibit insurers from providing the accounts, Gaul said.
Pennsylvania Insurance Commissioner Joel Ario is considering a plan to require insurers to obtain the consent of beneficiaries before creating an account on their behalf. He said in an interview that his staff is studying the issue.
“Prudential and its Alliance Accounts are in compliance with all applicable laws and regulations,” Bob DeFillippo, a spokesman for Prudential, said yesterday. Christopher Breslin, a spokesman for MetLife, had no immediate comment. MetLife’s Joseph Madden told the magazine that customers were happy with the accounts.
State Protection
Considine, of New Jersey, said his department has never received a complaint about retained accounts. State guarantee funds backstop insurers and provide account holders with protection against default by carriers, Considine said.
“They do bring a very, very real consumer benefit,” Considine, who was familiar with the accounts during his 17-year career at MetLife, said in an interview. Insurers shouldn’t be required to obtain consent to open accounts for beneficiaries because sometimes the bereaved aren’t ready to consider their options for the cash, Considine said.
To contact the reporters on this story: Andrew Frye in New York at afrye@bloomberg.net; David Evans in Los Angeles at davidevans@bloomberg.net.
Last Updated: July 29, 2010 00:00 EDT
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July 28 (Bloomberg) -- Bloomberg's David Evans talks about the U.S. Department of Veterans Affairs plans to conduct an investigation into a report that life insurance companies are putting veterans' death benefits in corporate accounts and keeping most of the investment profits instead of paying the survivors. The agency responded today to a report in Bloomberg Markets magazine on what has become a standard practice for life insurance policies issue by companies including Prudential Financial Inc. and MetLife Inc. Evans speaks with Carol Massar and Matt Miller on Bloomberg Television's "Street Smart."
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noir.bloomberg.com/apps/news?pid=newsarchive&sid=aF133j0QyP30 Fallen Soldiers’ Families Denied Cash Payout as Insurers Profit
By David Evans
July 28 (Bloomberg) -- The package arrived at Cindy Lohman’s home in Great Mills, Maryland, just two weeks after she learned that her son, Ryan, a 24-year-old Army sergeant, had been killed by a bomb in Afghanistan. It was a thick, 9-inch-by- 12-inch envelope from Prudential Financial Inc., which handles life insurance for the Department of Veterans Affairs.
Inside was a letter from Prudential about Ryan’s $400,000 policy. And there was something else, which looked like a checkbook. The letter told Lohman that the full amount of her payout would be placed in a convenient interest-bearing account, allowing her time to decide how to use the benefit.
“You can hold the money in the account for safekeeping for as long as you like,” the letter said. In tiny print, in a disclaimer that Lohman says she didn’t notice, Prudential disclosed that what it called its Alliance Account was not guaranteed by the Federal Deposit Insurance Corp., Bloomberg Markets magazine reports in its September issue.
Lohman, 52, left the money untouched for six months after her son’s August 2008 death.
“It’s like you’re paying me off because my child was killed,” she says. “It was a consolation prize that I didn’t want.”
As time went on, she says, she tried to use one of the “checks” to buy a bed, and the salesman rejected it. That happened again this year, she says, when she went to a Target store to purchase a camera on Armed Forces Day, May 15.
‘I’m Shocked’
Lohman, a public health nurse who helps special-needs children, says she had always believed that her son’s life insurance funds were in a bank insured by the FDIC. That money -- like $28 billion in 1 million death-benefit accounts managed by insurers -- wasn’t actually sitting in a bank.
It was being held in Prudential’s general corporate account, earning investment income for the insurer. Prudential paid survivors like Lohman 1 percent interest in 2008 on their Alliance Accounts, while it earned a 4.8 percent return on its corporate funds, according to regulatory filings.
“I’m shocked,” says Lohman, breaking into tears as she learns how the Alliance Account works.
“It’s a betrayal. It saddens me as an American that a company would stoop so low as to make a profit on the death of a soldier. Is there anything lower than that?”
Millions of bereaved Americans have unwittingly been placed in the same position by their insurance companies. The practice of issuing what they call “checkbooks” to survivors, instead of paying them lump sums, extends well beyond the military.
Touching Americans
In the past decade, these so-called retained-asset accounts have become standard operating procedure in an industry that touches virtually every American: There are more than 300 million active life insurance policies in the U.S., and the industry holds $4.6 trillion in assets, according to the American Council of Life Insurers.
Insurance companies tell survivors that their money is put in a secure account. Neither
Prudential nor MetLife Inc., the largest life insurer in the U.S., segregates death benefits into a separate fund.
Newark, New Jersey-based Prudential, the second-largest life insurer, holds payouts in its own general account, according to regulatory filings.
New York-based MetLife has told survivors in a standard letter: “To help you through what can be a very difficult, emotional and confusing time, we created a settlement option, the Total Control Account Money Market Option. It is guaranteed by MetLife.”
No FDIC Insurance
The company’s letter omits that the money is in MetLife’s corporate investment account, isn’t in a bank and has no FDIC insurance.
“All guarantees are subject to the financial strength and claims-paying ability of MetLife,” it says.
Both MetLife, which handles insurance for nonmilitary federal employees, and Prudential paid 0.5 percent interest in July to survivors of government workers and soldiers. That’s less than half of the rate available at some banks with accounts insured by the FDIC up to $250,000.
Bank of New York Mellon Corp. handles the paperwork and monthly statements for customers with MetLife “checking accounts.” The insurance company, not the bank, most recently reported holding about $10 billion in death benefits, in 2008.
The “checkbook” system cheats the families of those who die, says Jeffrey Stempel, an insurance law professor at the William S. Boyd School of Law at the University of Nevada, Las Vegas, who wrote ‘Stempel on Insurance Contracts’ (Aspen Publishers, 2009).
‘Bad Faith’
“It’s institutionalized bad faith,” he says. “In my view, this is a scheme to defraud by inducing the policyholder’s beneficiary to let the life insurance company retain assets they’re not entitled to. It’s turning death claims into a profit center.”
Prudential’s Alliance Account is helpful to families of soldiers, says company spokesman Bob DeFillippo.
“For some families, the account is the difference between earning interest on a large amount of
money and letting it sit idle,” he says. Prudential follows the law, he says.
“We fully and regularly disclose the nature and terms of the account to account holders,” DeFillippo says. “We make it clear that the money can be withdrawn at any time by simply writing a draft.”
Metlife spokesman Joseph Madden says his company’s customers are very happy with the Total Control Account.
‘Overwhelmingly Positive’
“The feedback from TCA customers has been overwhelmingly positive,” he says. “The TCA affords beneficiaries security, peace of mind and time to make an informed decision -- while earning interest in the interim.”
Madden says the company was paying some survivors 0.5 percent in July while some others got 1.5 percent or 3 percent, depending on the age and origin of insurance accounts. The accounts don’t violate any laws, Madden says, and are authorized by New York state insurance law.
Insurers are holding onto at least $28 billion owed to survivors, according to three firms that handle retained-asset accounts for about 130 life insurance companies. There are no public records showing how much companies are holding in these accounts.
The “checks” that Cindy Lohman wrote, the ones rejected by retailers, were actually drafts, or IOUs, issued by Prudential. Even though the “checks” had the name of JPMorgan Chase & Co. on them, Lohman’s funds weren’t in that bank; they were held by Prudential.
Federal Bank Law
Before a check could clear, Prudential would have to send money to JPMorgan, bank spokesman John Murray says.
Insurance companies -- in addition to holding onto the money of survivors, paying them uncompetitive interest rates and giving them misleading guarantees -- may be violating a federal bank law. A 1933 statute makes it a felony for any company to accept deposits without state or federal authorization.
That means only banks or credit unions can accept deposits, says Arthur Wilmarth, a professor at George Washington University Law School in Washington who has testified before Congress about banking regulations.
If a prosecutor pressed an insurance company, retained- asset accounts could be outlawed because insurers say they deposit money into these accounts and don’t have bank charters or banking regulation, Wilmarth says. MetLife also offers its own version of certificates of deposit.
“If it swims, quacks and flies like a duck, the court could decide that it is indeed a duck,” he says. “You then potentially could have a criminal violation.”
Potential Bank Run
This unregulated quasi-banking system operated by insurers has none of the protections of the actual banking system. Lawrence Baxter, a professor at Duke University School of Law in Durham, North Carolina, says the potential exists for a catastrophe.
If one insurer is unable to meet its obligations on retained-asset accounts, people could lose faith in other companies and demand immediate payment, triggering a panic, says Baxter, who has consulted with federal agencies on financial regulation.
The government established the FDIC in 1933 after frantic depositors tried to pull their money from banks. The federal government has no such program for death-benefit accounts.
“There’s more than $25 billion out there in these accounts,” Baxter says. “A run could be triggered immediately by one insurance company not being able to honor its payout. The whole point of creating the FDIC was to put an end to bank runs.”
No Federal Regulation
The sweeping financial regulatory legislation signed by President Barack Obama on July 21 doesn’t address retained-asset accounts. It creates a new federal insurance office, which won’t be a regulator. It will collect information, monitor the industry for systemic risk and consult with state insurance regulators.
An industry with $19.1 trillion in potential liabilities will remain unregulated by the federal government. In 2008, insurers approved claims totaling $60 billion in death benefits, according to the life insurance council.
The federal government doesn’t even regulate the life insurance it supplies, via MetLife, to its own employees in a program called Federal Employees’ Group Life Insurance. As the VA does for soldiers, the U.S. Office of Personnel Management sends handbook to nonmilitary government workers -- some 4 million active employees and retirees.
The handbook says their life insurance policies automatically pay out death benefits in the form
of a “money- market-account checkbook.” The 217-page handbook omits that the money isn’t
FDIC insured and will stay with MetLife until someone writes a “check.”
‘Unfair Advantage’
This lack of disclosure is unconscionable, says Harvey Goldschmid, a commissioner of the U.S. Securities and Exchange Commission from 2002 to 2005.
“I can’t imagine why bank regulators haven’t been requiring a prominent ‘no FDIC insurance’ disclosure,” says Goldschmid, who’s now a law professor at Columbia University in New York.
“This system works very badly for the bereaved. It takes unfair advantage of people at their time of weakness.”
The closest relative to retained-asset accounts may be money-market mutual funds, which are pools of cash invested in short-term debt securities.
Money Market Rules
The SEC requires fund companies to warn investors that money market funds don’t have FDIC insurance. It also mandates that fund managers provide a prospectus, that they invest in specific types of safe debt and that they post a detailed schedule of their investments monthly on their websites.
Insurers’ retained-asset accounts have none of those regulatory protections.
A June 2009 MetLife standard condolence letter to survivors leaves out that accounts aren’t in a bank and aren’t federally insured. In June 2010, 25 years after MetLife invented retained- asset accounts, the company released a customer agreement that does disclose that retained assets aren’t in a money market account nor in a bank and that they have no FDIC insurance.
“The assets backing the Total Control Accounts are maintained in MetLife’s general account and are subject to MetLife’s creditors,” the agreement says. That language contradicts the federal employee handbook, which says survivors get a money market account.
Gerry Goldsholle, the man who invented retained-asset accounts, says MetLife makes $100 million to $300 million a year from investment returns on the death benefits it holds. A former president of MetLife Marketing Corp., Goldsholle, 69, devised the accounts in 1984. He’s now a lawyer in private practice in Sausalito, California.
‘This Is Crazy’
Goldsholle says he pondered the billions of dollars of death-benefit proceeds the company paid out each year.
“I looked at this and said this is crazy,” says Goldsholle, who left the firm in 1991. “What are we doing to retain some of this money? It’s very expensive to bring money in the front door of an insurance company. You’re paying very large commissions and sales expenses.”
So he came up with a way for MetLife to hold onto death benefits.
“The company would win because we would make a nice spread on the money,” Goldsholle says, while customers would earn interest on their accounts. MetLife, he says, can earn 1 to 3 percentage points more from its investment income -- mostly from bonds -- than it pays out to survivors.
Misconceptions
The accounts Goldsholle invented have spread much faster than the ability of state regulators to track them -- or even to understand how they work. Ted Hamby, North Carolina’s deputy insurance commissioner for life and health, says he believes retained-asset accounts have FDIC protection.
“Whatever money is on deposit in that checking account will be insured, up to the limits of the FDIC,” he says. He’s wrong. No retained-asset accounts have FDIC coverage.
In Connecticut, where 106 insurance companies are based, state insurance department manager for market conduct Kurt Swan also says that retained-asset accounts are kept in banks, with FDIC coverage.
“I think they’re just trying to offer some flexibility to the beneficiary,” he says. Swan and his colleague, William Arfanis, the department’s principal financial examiner, both say the insurers don’t profit from the retained-asset accounts. That too is wrong. The companies do earn investment gains on death benefits.
Some Rules
Just six states had any rules for retained-asset accounts as of July 2009, according to the National Association of Insurance Commissioners. Arkansas, Colorado, Kansas, Nevada, North Carolina and North Dakota require insurers to disclose fees and interest rates and to tell survivors they may withdraw all of the money by writing a single check.
Maryland, which isn’t on the NAIC list, also has rules.
Pennsylvania Insurance Commissioner Joel Ario, whose state has no rules for retained-asset accounts, says he has asked his staff to prepare a regulation forbidding insurance companies from using such accounts as the default method of paying a death claim.
“I haven’t heard a plausible argument about why these accounts are better for the consumer,” Ario says.
If state insurance regulators have paid scant attention to retained-asset accounts, state bank regulators have taken an even more hands-off approach.
‘Not Drawn Attention’
“Quite honestly, we deal with issues that our members want us to deal with,” says Michael Stevens, senior vice president for regulatory policy at the Washington-based Conference of State Bank Supervisors. “This is not one that has drawn their attention.”
Three companies have not only noticed but have also profited by handling retained-asset accounts for insurers. Open Solutions Inc., based in Glastonbury, Connecticut, oversees 400,000 accounts for 67 insurance companies.
Open Solutions sends out “checkbooks,” prints periodic statements and computes accrued interest for accounts with total deposits of $10 billion, says Jay Woldar, director of sales and account management at Open Solutions.
One of its competitors, Bank of New York Mellon, administers more than 500,000 retained-asset accounts holding a total of $14 billion, including MetLife’s retained assets. Chicago-based Northern Trust Corp. handles about $4 billion in 125,000 accounts, spokesman John O’Connell says.
Survivors generally don’t touch these accounts immediately.
Accounts Stay Opened
“About 40 percent of the money stays in for more than a year,” Woldar says. Insurers can have use of survivors’ money for years, even decades, says Randi Lichtenstein, a product line manager at Bank of New York.
“They can stick around for quite a while,” she says. “There are accounts that all insurance companies have on these platforms that go back 10, 15, 20 years.”
MetLife’s Madden says most of its customers’ retained-asset accounts are closed within one year. About 28 percent of survivors of soldiers and veterans keep their retained-asset accounts open for more than two years, the VA says.
During a routine audit completed in 2004, the New York State Insurance Department found that 1,476 retained-asset accounts, worth a total of $33.5 million, at Hartford, Connecticut-based Phoenix Life Insurance Co., had been dormant for more than three years.
In New York, funds in an account that remains dormant for more than three years may be turned over to the state. Phoenix spokeswoman Alice Ericson says the company now has a policy of sending letters to people whose accounts have been inactive for two years.
Inactive Accounts
Almost one-third of the 6,890 retained-asset accounts run by Mony Life Insurance Co. were inactive for more than three years, New York auditors found in 2002. Mony is now owned by Axa SA, Europe’s second-largest insurer by market value.
A few people have sued insurers over the use of retained- asset accounts. Prudential won a lawsuit in 2009 in which a survivor complained about the Alliance Account. MetLife has a case pending in which a survivor says that she was cheated by the retained-asset account. In court-filed papers, MetLife denies any wrongdoing.
There has been only one ruling by a federal appellate court on the substance of such accounts -- and it went against an insurance company.
After a federal judge in Boston dismissed a policyholder suit claiming that Chattanooga, Tennessee-based insurer Unum Group was stealing account earnings from survivors, the U.S. Court of Appeals for the First Circuit overruled the lower court in 2008. It reinstated the case.
‘Euphemistically Named’
“The euphemistically named ‘Security Account,’ accompanied with a checkbook, was no more than an IOU which did not transfer the funds to which the beneficiaries were entitled out of the plan assets,” the three-judge panel wrote.
Unum spokeswoman Mary Clarke Guenther says retained-asset accounts are a commonly accepted practice in the industry. The case is pending.
Absent regulatory or legal intervention, bereaved family members like Cindy Lohman will continue to find death benefits going into retained-asset accounts. Her son, Ryan, posthumously received a Purple Heart and Bronze Star Medal for sacrificing his life to save fellow soldiers in Afghanistan in August 2008.
He had ordered a Humvee to swerve to avoid an explosive device, exposing himself to its deadly blast.
‘Accept The Reality’
Three days after learning of her son’s death, Lohman says, an Army casualty assistance officer came to her home, explaining that Ryan had a life insurance policy and that her signature was needed to release the money.
“By signing that, it forced me to accept the reality that he was dead and not coming back,” she says.
Since 1999, the VA has allowed Prudential to send survivors “checkbooks” tied to its Alliance Account. In 2009 alone, the families of U.S. soldiers and veterans were supposed to be paid death benefits totaling $1 billion immediately, according to their insurance policies. They weren’t.
Prudential’s VA policies promise either a lump sum payout or 36 monthly payments. About 90 percent of survivors, including Lohman, choose to receive the full amount upfront. When they do, they don’t get a check; they get a “checkbook.”
Under a 2008 law, survivors covered by Prudential’s VA policy are allowed one year to put death benefits into a Roth IRA, allowing them to earn investment gains for the rest of their lives tax-free. Prudential never informed Lohman, she says.
‘If They Had Told Me’
“I definitely would have done that if they had told me,” Lohman says.
Even Stephen Wurtz, deputy assistant director for insurance at the VA, who has overseen the insurance program for 25 years, has been kept in the dark by Prudential.
“Prudential runs the program on a cost-reimbursement basis only,” he initially said, referring to the $4.2 million in fees the VA paid Prudential in 2009. “They’re really good guys. They do it patriotically. They don’t make any money from the Alliance Account.”
Wurtz, 62, said he had believed that the Alliance Account money went into a bank. After he learned that the payouts actually stayed in Prudential’s general fund, Wurtz says, he asked Prudential how much money the insurance company made from these accounts and how many dollars it held in retained assets.
Prudential declined to answer, saying that information was proprietary, Wurtz says.
‘Maybe I Didn’t’
Prudential, which has had the insurance contract with the VA since 1965, pitched the checkbook payout to the VA in 1999 as an added benefit to survivors, Wurtz says. The government agency accepted Prudential’s offer, he says.
“Maybe I didn’t ask enough questions,” he says.
Printed on each “check,” next to “Prudential’s Alliance Account” is the name of JPMorgan, the second-biggest U.S. bank by assets. JPMorgan spokesman Murray declined to say how much the bank is paid for its role with Prudential.
The way Prudential has set up the “checks” implies that JPMorgan stands behind the accounts and that they are thus backed by the FDIC, Duke’s Baxter says.
“That’s misleading the beneficiaries,” he says.
“We disclose the roles of all companies involved in administering these accounts,” Prudential’s DeFillippo says. JPMorgan’s Murray declined to comment.
Prudential’s general account earned 4.4 percent in 2009, mostly from bond investments, according to SEC filings. The company has paid survivors 0.5 percent in 2010.
‘It’s Shameful’
“It’s shameful that an insurance company is stealing money from the families of our fallen servicemen,” says Paul Sullivan, who served in the 1991 Gulf War as an Army cavalry scout and is now executive director of Veterans for Common Sense, a nonprofit advocacy group based in Washington. “I’m outraged.”
Sullivan, a project manager at the VA’s benefits unit from 2000 to 2006, says he was never told Prudential kept money and earned investment gains from soldiers’ insurance payouts instead of sending it to survivors.
“There shouldn’t be secret profits,” he says. “This should be transparent. The lack of oversight is appalling.”
It’s not much different for the 4 million nonmilitary U.S. government employees and retirees -- including staff of the FDIC -- covered by MetLife policies. That program, begun in 1965, averages more than $2 billion in death benefits claimed every year, the government says.
Payouts are handled by the Office of Federal Employees’ Group Life Insurance. That makes it look like the government is taking care of its employees’ insurance coverage. It isn’t. That “office” is a unit of MetLife.
MetLife Holds the Money
Edmund Byrnes, a spokesman for the Office of Personnel Management, which oversees MetLife’s federal employee contract, says MetLife segregates death benefits into beneficiary accounts after it approves death claims.
“Once MetLife transfers the funds to the Total Control Account, the monies are no longer under MetLife’s control,” Byrnes says.
MetLife spokesman Madden says something different.
“The assets that back the liabilities on all the TCAs are placed in MetLife’s general account,” he says.
Back at the Veterans Affairs office, Deputy Assistant Director Wurtz, who’s a civilian employee, says he now understands for the first time that since he’s covered by the federal insurance program, his own wife could receive a MetLife “checkbook” someday.
‘Ripping Off Their Own’
“Uncle Sam is ripping off their own,” Wurtz says. “My wife would get the money, and they would blood-suck some of it out of her.”
It took Wurtz, who’s been working with insurers for most of his career, more than a decade to understand how retained-asset accounts work. Companies like MetLife and Prudential have never told millions of Americans with insurance policies that when they die, the insurer plans to hold their family’s money in its own account to make investment gains from the death benefit.
“It’s outrageous that somebody’s profiting off other people’s grief,” says Mark Umbrell of Doylestown, Pennsylvania. His 26-year-old son, Colby, an Army Airborne Ranger who earned a Bronze Star and a Purple Heart, was killed in Iraq in May 2007. Umbrell was among those who got a “checkbook” account.
“I think we’re being taken,” he says.
The question for Umbrell, Lohman and a million others with these accounts is whether anything will change. State bank regulators say if there are to be any reforms, they should be made by insurance departments. Officials at those state agencies often say they don’t even understand what a retained-asset account is.
“It’s flown under the radar,” professor Stempel says. “Regulators have not done their job.”
Until public officials wake up, the bereaved will remain a secret profit center for the life insurance industry.
To contact the reporter on this story: David Evans in Los Angeles at davidevans@bloomberg.net.
Last Updated: July 28, 2010 10:00 EDT
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