Social Security changes: How will they impact your retirement plan?

This new budget bill will significantly impact the retirement plans of many individuals nearing or in retirement. Beginning in 2016, the bill would stop the benefits of…[continued below video]

Guarantees, including optional benefits, are backed by the claims-paying ability of the issuer, and may contain limitations, including surrender charges, which may affect policy values. During these segments, Dick and Eric are referring to Fixed Annuities unless otherwise specified.

[continued]…spouses, divorced spouses or children on the work record of a spouse, ex-spouse or parent who has suspended his or her Social Security benefit with the plan of restarting their benefit later. This strategy is often referred to as the “file and suspend” strategy. However, these recent changes eliminate the said strategy effective May 2016 for all future retirees.

If you have not planned to use “file and suspend” or implemented this Social Security  strategy, you might just be saying “so what?” But as financial planners who pride themselves in helping clients optimize their retirement income, congress has just undone tens of thousands of optimized retirement plans across this nation, especially for those who do not reach full retirement age by May of 2016. They will not be grandfathered in and are directly affected in an adverse way by these changes. What these Social Security changes effectively do is to possibly cause couples to file for their own benefits earlier than they would have under the old rules in order to meet their retirement spending needs. For many, this loss can be a significant portion of their total retirement income.

So, in order to protect retirement lifestyles,  many couples will have to file for each of their Social Security income benefits simultaneously and earlier than planned. By filing earlier, they are losing out on the compounding growth available to individuals who delay taking Social Security until as late as 70. One major impact this will have is on the additional compounding effect provided by the cost of living adjustments (COLA); that under the old rules, Social Security payments could have been deferred longer by one of the spouses to lessen the impact of inflation by creating a larger benefit base for (COLA) income benefiting both spouses.

For many Americans, Social Security is a cornerstone of their retirement income plan. It is unfortunate that with the raise of hands, congress has undone the retirement benefits promised to so many American families.

Updated related article by Michael Kitces from Wednesday, November 4th.

Navigating The Effective Date Deadlines For The New File-And-Suspend And Restricted Application Rules

With last week’s “surprise” legislation that revealed Congress is killing the File-and-Suspend and Restricted Application claiming strategies for maximizing Social Security benefits, even those who weren’t previously aware of the strategies are now wondering whether it’s something to take advantage of before the new rules go into effect.

Fortunately, though, the new rules do not kick in immediately. Those who are already receiving benefits are not impacted at all. And those who are full retirement age – or will reach it in the next 6 months – will still have the opportunity to file-and-suspend before the crackdown takes effect after April 29, 2016. Furthermore, anyone who was born in 1953 or earlier (or January 1st of 1954) will still be able to do a Restricted Application for spousal (or divorced ex-spouse) benefits, even if the filing doesn’t occur until years from now.

Nonetheless, the next 6 months do mark an important transition period that merits a close look at Social Security claiming strategies, for the brief time window that all of the tools remain on the table, whether it’s an individual filing and suspending for a potential lump sum reinstatement in the future, a couple claiming spousal benefits, or a family claiming dependent or disabled child benefits while delaying individual retirement benefits until age 70. And for those “lucky” enough to be born in 1953 or earlier, only a few years remain to consider a Restricted Application, before that deadline ends, too!

The Near-Term Expiration Of The File and Suspend Strategy For Married Couples
How File-And-Suspend Used To Work
The original version of File-And-Suspend allowed someone, upon reaching full retirement age, to file for Social Security retirement benefits, and then immediately suspend them. The fact that benefits had been filed for meant a spouse became eligible for spousal benefits (as spousal benefits cannot be claimed until the primary worker also files for benefits). However, the fact that benefits of the primary worker were subsequently suspended – and therefore were not actually received – meant that the original filer could still earn delayed retirement credit increases of 8%/year for waiting.

Example 1. John and Mary are both age 66, and have been married for 40 years, in a household where John was the primary breadwinner and Mary never worked outside the household. John is eligible for a retirement benefit of $2,000/month at his full retirement age, and Mary at her full retirement age will have no retirement benefit of her own, but will be eligible for a spousal benefit of $1,000/month, equal to 50% of John’s full benefit.

John wants to delay his benefits until age 70, increasing his benefit by 4 years x 8%/year of delayed retirement credits to $2,640/year (plus subsequent cost-of-living adjustments). Doing so not only boosts his own benefit, but increases the size of John’s survivor benefit that would be payable to Mary if John dies first.

However, waiting until John turns 70 means that Mary won’t receive any of her $1,000/month spousal benefits until then either, since Mary cannot get spousal benefits until John actually files for his own. And since there are no delayed retirement credits for spousal benefits, the extra 4 years of waiting just means Mary permanently loses those 4 years of $1,000/month benefits with no benefit in return!

To resolve this issue, John would File-and-Suspend upon becoming eligible at his full retirement age of 66. By doing so, Mary becomes eligible to claim her own $1,000/month spousal benefit (which she can receive in full, since she too is age 66), accumulating 4 years’ worth of spousal benefits she otherwise wouldn’t have received. (If Mary had been younger, she could have also claimed, but her spousal benefits would be reduced for starting early.) And John still gets the 8%/year delayed retirement credit increases for delaying his own benefits until age 70.

The fundamental point – with File-and-Suspend, John could allow Mary to get her spousal benefits, while still delaying his own benefits to earn the 8%/year delayed retirement credits.

How File-And-Suspend Will Work Now
Under the new rules in Section 831 of the Bipartisan Budget Act of 2015, when John suspends his benefits, he will suspend not only his own benefits, but any/all benefits payable to other individuals based on his earnings record. And since Mary’s spousal benefits are 50% of John’s benefits – and therefore are based on his earnings – then the entire File-and-Suspend strategy is effectively dead.

Now, if John were to file-and-suspend, he will suspend his benefits and Mary’s benefits, so no one gets any benefits. Which means if John wants to delay his benefits to earn delayed retirement credits, Mary will have to wait on claiming her spousal benefits, too. [continue reading about the changes at kitces.com]

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Well, we want you to know that this rule does not apply to annuities. As Annuity Guys®, we may be a tad-bit more sensitive to reading the negativity spewed by some writers when it comes to annuities; however, it does appear that any increase in complaints by investors or consumers just comes down to one particular type of annuity – the variable annuity^#.

Watch as Dick and Eric discuss complaints on annuities and other financial products.

**Guarantees, including optional benefits, are backed by the claims-paying ability of the issuer, and may contain limitations, including surrender charges, which may affect policy values. During this segment, Dick and Eric are referring to Fixed Annuities unless otherwise specified.

Overall, annuity complaints actually decreased in 2013, but for the popular media it appears to be a lot more fun to talk about the high commissions, high fees, and bad advisors that offer theses products. You really have to dig to find an article that compares the number of complaints from mutual fund^{^}s and stock transactions — which far outpace those from annuity sales.

As Annuity Guys®, we are on record as stating that an annuity is not where you should put all your money, but it can be a great location to place dollars that will used to fund retirement income. Annuities are a financial tool and when used properly can alleviate risk to your portfolio.

You would never guess this article cites the fact that nine out of ten annuity owners are at least somewhat satisfied…

 Angry Annuity Clients Seek Damages

By Matthew Heimer

When stock markets are humming along nicely, customers are less likely to complain about their brokers and financial advisers: 2013 was on pace to be the fourth year in a row of sharp declines in the number of arbitration cases filed with the Financial Industry Regulatory Authority (Finra), the brokerage industry’s self-regulatory body. But as Matthias Rieker reports this week in The Wall Street Journal, complaints about one kind of investment remain stubbornly high. The outlier: Variable annuities.

Variable annuities usually offer a retirement saver a **guaranteed future payout, along with a chance of increasing the value of the saver’s initial investment depending on how markets perform; investments in many of these annuities can be tax-deferred. But they’ve long exasperated consumer advocates because of their relatively high commissions and fees, along with their often-impenetrable rules about what, exactly, an investor’s account is worth at any given time.

As Rieker reports, “In 2012, the variable annuity^# was the only class of security for which arbitration claims increased”; last year, the total number of annuity complaints dropped about 20%, but complaints in other asset categories dropped far faster. […Read More at MarketWatch]

Video Transcription:

Dick: And I’m Dick.
Eric: Hello, I’m Eric and we’re the annuity guys.
Dick: Well, Eric, are annuity complaints on the rise.
Eric: No… Yes.. No… Ours? no!
Dick: Depends on which annuity complaints you want to talk about.                                                                       Eric: And that’s exactly the case. And then we see the black eye of the industry coming out in the open ever again with the old variable annuity^#.
Dick: Well, and that’s something that has been on the rise are variable annuity^# complaints and it runs the gammon from the fees and the surrender charges and loosing money when stocks go the wrong way.
Eric: You can loose money.
Dick: But what’s very interesting is the fixed annuities which would take in that hybrid annuity and everything. We’ve seen those complaints go down steadily. They kinda of hit the peak somewhere around 2006 – 2007; roughly around 200 complaints. And folks, when you think about this, 200 complaints over ten of thousands of folks that buy annuities in a given year; that’s not a lot of complaints. But now, they’ve actually  tapered down. Fixed indexed annuities sales have been way up and their complaints have tapered down to – last year – i think around 54 complaints for the entire year.
Eric: Even when we look at the variable annuity^# complaints – one hundred sixty-five complaints on variable annuity^#.
Dick: That is not a huge number.
Eric: And we should very clearly clarify here that when somebody complains about annuity, it’s typically not because of the annuity design, it’s  not the insurance company; unfortunately, it’s guys like us.                       Dick: Annuity guys.
Eric: Annuity guys or people that want to be annuity guys…
Dick: I beg your pardon.
Eric: -Who don’t fully understand the product. They don’t explain it very well, so they have consumers confused and they don’t know which direction they’re going; and their inability to articulate what product….
Dick: And Eric, this does not show up later when the person has the policy ans they have some need. They need to get additional money or they need to turn their income on or whatever; and it does not work the way they were told that was supposed to work.
Eric: They get caught with the sizzle side perhaps; the 5 percent **guaranteed roll up for income and deferral.
Dick: Or they though they’re going to earn 5 percent every year, **guaranteed. They see their account dropped a couple of years in a raw and they’re like “hey, this is not what I bought?”
Eric: That’s right! “That’s not what you’re told me”… and that’s where the complaints come from. And I guess, really to be fair to the annuity industry, we should say the number of complaints in comparison to the mutual fund^{^}s…
Dick: Or the securities industry… and that literally, looking at the reports that we’ve been looking at I think the SEC last year had over ten thousand total complaints. Now, that’s a lot of complaints. And we tend to not see that. What’s interesting about this is that we don’t see that in this financial articles a lot; we don’t a lot who talked about that.
Eric: I think we don’t want to talk about the thing we don’t want to know.
Dick: But we see a lot of talk about “ohh, this annuity this, this annuity that.” And I’ve seen now that the populous has become a little more educated about annuities; a little more understanding us out there; I’m seeing less of these negative articles showing up.
Eric: Well, I wish I could say I see less of that. Maybe I’m drawn to… it’s like everybody has a newspaper article or blog like to pick on it. The topic of this one, “Angry annuity client seek damages.” Now, that does not say “you know, really…” If you look at proportion, it’s not nearly as bad as the people with stocks that are three, four or five times as many complaints. It’s people…. the highlights….
Dick: It crabs attention and it sells advertising; and this is part of the industry. And folks, really, when you get down to why annuities are so popular and why they have so few complaints? It is because they actually do the opposite of what the market does; they make your money safe.
Eric: Right. Safety first.
Dick: It’s right.
Eric: And that’s why i always qrench when I see people that have newspaper articles – I’m not going to mention their names because they don’t deserve the heck. They’re like ohh, I like the brokers advice until they recommended an index annuity.
Dick: You would not be thinking about Malcolm Berko.
Eric: Yes, I would. I’m thinking of him too. It gives us bad names because we are in the index annuity world; we understand how they work, we understand where the benefits are and unfortunately, people that don’t live in our world…
Dick: And if you’re just, as Bill O’Reilly says “fair and balance”, there are ways that annuities can be used wrong, ways that are used correctly; they’re just simply a financial tool.
Eric: That’s exactly right. Annuities are great way to make sure you don’t live too long. It’s longevity, it’s guarding against outliving your money and we talked about that being the strength in the cornerstone.
Dick: The principle of protection; protecting what you’ve put into an annuity in terms of premium and you know that you’ll never go backwards – we’re talking about fixed annuity – and obviously, the variable is.
Eric: And we have some issues of the variable annuities^# ourselves because we don’t like to loose money and we don’t like for our clients to loose money.
Dick: Yes, we don’t like for our clients to loose money. So, are they on the rise or it depends on rather you’re talking about which type of annuity?
Eric: It depends if you’re in our office because in our office, not so much.
Dick: The complaints are under control.
Eric: That’s right.
Dick: Thank you.

The post Are Annuity Complaints on the Rise? appeared first on Annuity Guys®.

Well, that might not be exactly how it goes, but you definitely cannot put pensions on the **guaranteed list anymore.

In Illinois we have just passed pension reform in the legislature. Pension reform sounds nice, but what it translates into for retired state employees is not so nice; and for those retirees, it means losing promised relied upon income and benefits.

However, that may end up being minor compared to the impact of the bankruptcy Detroit is facing. This may lead to an avalanche of bankruptcies as cities and municipalities try to find a means to deal with their bloated deficits based on under-funded pension liabilities.

Watch as Dick and Eric discuss why many retirees are scrambling to save their ASSets! lol (Pun intended)

**Guarantees, including optional benefits, are backed by the claims-paying ability of the issuer, and may contain limitations, including surrender charges, which may affect policy values. During this segment, Dick and Eric are referring to Fixed Annuities unless otherwise specified.

What does this mean for pensioners in these systems? We’re wagering it will mean at the very least reduced substantially benefits and incomes – driving many towards increased participation in annuities.

Why more annuity participation?

In an era of deficits and reducing benefits, people want safety and **guarantees – contractual **guarantees that will stand up in a court of law not easily broken legislative promises.  Annuities can provide a degree of income certainty as the public sector debates the benefits of programs like Social Security and Medicare.

Annuities offered by solid companies can help all of us weather these turbulent economic times to create a stable foundational income – for life. Will an annuity be required for the successful retirement of the future? Who knows? We do know, however, that studies continue to show that annuity owners have a greater probability of having enough income throughout retirement than those who do not.

You must decide if an annuity will help empower your retirement.

Detroit eligible for nation’s largest municipal bankruptcy filing, federal judge rules

By Michael A. Fletcher and Reid Wilson at WashingtonPost.com

A federal bankruptcy judge granted Detroit unprecedented powers Tuesday to shed billions of dollars in debt, including the ability to slash city employee pensions despite a state constitutional provision protecting them.

In approving the nation’s ­largest-ever municipal filing, Judge Steven Rhodes cleared the way for Detroit’s emergency manager to develop a plan to reorganize the city’s estimated $18 billion in debt. Beyond cutting worker pensions and retiree health benefits, the city could stiff bondholders and sell city assets such as its water and sewer authority and its priceless art collection.

Municipal bankruptcy experts called particular attention to Rhodes’s decision to allow pensions to be put on the chopping block. Some said the move would set a precedent for future municipal bankruptcies. And unions vowed to appeal the decision.

“This is the first opinion of its kind where a bankruptcy court has directly expressed the view that the supremacy of U.S. bankruptcy laws trumps state constitutional protections of public pension holders,” (emphasis added) said Mark S. Kaufman, senior partner at McKenna, Long & Aldridge, an Atlanta law firm. “The implications of that decision are significant not only to Detroit but also potentially to other cities gauging their level of fiscal distress and how to deal with it.” [Read More…]

Video Transcription:

Eric: Hi, I’m Eric.
Dick: And I’m Dick. We’re the annuity guys.
Eric: You think we’re going get in trouble with the topic today, Dick.
Dick: Well, there’s a little pun intended there. We’re talking about saving your ass-ets… or your proverbial rear end.
Eric: And the reason that the topic came up is because it’s kind of forefront in the news right now.
Dick: It is.
Eric: … looking at what’s going on around…
Dick: Well, Detroit what’s got us going, the ruling.
Eric: Detroit and Illinois because…
Dick: Well, we’re falling apart in Illinois.
Eric: We’re close to home here… the pension reform meaning we’re going to take some..
Dick: We’re going to take some of what we promised you back. And that ruling in Detroit by the judge just recently said in essence “folks, your out a lot.”
Eric: Your pension benefits may not be what was **guaranteed. Now, they said what I think they technically said is “the amount we promised you is not **guaranteed.
Dick: So, imagine that. I mean what does that throw into question Eric?
Eric: Well, and that’s… for me it throws into question that I was promised as a retiree. If I’m **guaranteed or I think I’m
**guaranteed of a lifetime pension from the company I work or the municipality that i work for, what does that mean about what’s on the table right now as far as **guarantees from that side of it?
Dick: Exactly.
Eric: And as a planner, it’s also got me feeling a little bit disconcern because we work with people. A lot of times we start with – what are you receiving from Social Security? What are you receiving from pension? And if all these things that we think are **guarantees that we’re basing the future income on, are all of a sudden on the table as far as reductions without any consultation of the person getting reduced, then there’s a lot of this concerns going on.
Dick: So many times folks you come to Eric and I through the website or when we work with the local client, it’s kind of a plan A – how can we establish that income, set it up for that income shortfall, or that need in retirement. But more and more, it’s becoming about the plan B – and that is we can’t rely on our pensions, we can’t rely on our social security. Many times – even the private pensions – they’re offering the lumpsums, the buy outs…
Eric: GM , Ford…  we’ve had a lot of conversations with folks in those areas that have said “hey, I’ve got a choice of taking this or this.” Well, for those guys, I’m a lot more comfortable now because Ford and MGM got out of the pension business. They decided “let’s give it to a professional that can manage it” and Detroit says “do you want to take the dollars yourself and manage them, maybe with the assistance of an annuity or let a real annuity manage it?” So, I feel better for those folks now
than I did when Ford and GM are managing their own pensions.
Dick: When we look at the traditional 401K and IRA, and what people are left with and their own savings to plan their future, their retirement; the actual, according to the Dal Bar studies and different studies out there, the average investor doesn’t pay so well. So to really literally rely on the markets to carry you through retirement, most folks are coming or have come to the conclusion that “I can’t do that.” So what they’re doing is they are looking at that fallback position “what can get me through my retirement years?” And amazingly, annuities, which had been there for hundreds of years proven track record come back to the forefront.. it’s like “hey, this is what I’m looking at, this is what I believe is what I need.”
Eric: Well, and I know studies out there that show for the highest degree of success or the likelihood of success and having enough income in retirement, having an annuity as a piece of that retirement increases that level of success…
Dick: Dramatically. I mean you go from like a seventy-three or seventy-five percent success rate with the stocks and bonds I think was an ibids to study we were looking at a while back to a ninety-nine percent success rate; and that means a lot to folks. I mean, the thought of being one out five or one out of four that fails; when you’ve saved these assets all your life and you have to have them to carry you through.
Eric: We talk about protecting the foundational aspects of income with pension, Social Security, and annuity; well, it may be reversed now that we start talking about what kind of an annuity do you need to have to protect your income in the future, then we’ll add on that pension and social security, and hope that that cost of living still stays in place.
Dick: Well… and that does become that plan B. And for many folks that have got plan A in place that will work well if everything holds together, it’s what do I do for my plan B – because I don’t know. And we have actually sat down with clients and they’ve like look… “I don t even want to consider social security. I don’t want to consider this. I wanna look at what I can do for myself. And that I’m going to look at as the gravy.” Now, we take a more middle-of-the-road view than that but that plan B is becoming more and more important. And so folks, you might be thinking some of those same thoughts and you’re not alone because it is a real concern.
Eric: Yes. Alright. We’ll Dick, in summary here, if we’re saying yes annuities can saveour assets…
Dick: Yes.
Eric: What would we say are the kind of primary reasons why we would rely on annuities?
Dick: Well, first of all Eric, its safety. They’re very, very safe. You can rely on an annuity for future income; lifetime future income. You  don’t know how long you’ll going to live. you don’t want your money to run out. So, for that foundational portion, you can rely on it for the income; and the aspect of safely growing assets and protecting them along the way with the plan B in place to protect. I believe that annuities really do give us that position to protect us and literally save our rears.
Eric: Saving those assets: safety, **guarantees, lifetime income.                                                                                                           Dick: Thank you.

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