In This Issue


drc Deficit Reduction Commission Targets Life Insurance and Annuities

The plan of the President's Deficit Reduction Commission (DRC), unveiled Dec. 1, would repeal all "tax expenditures," and therefore, if adopted, would result in a tax on life insurance and annuity cash values and on most employer-provided benefits. Many Congressional lawmakers in both parties have expressed support for repeal of "tax expenditures," calling them not tax increases, but another form of spending.

 

Critical federal budget challenges have lawmakers exploring all options to reduce the federal deficit including the current tax treatment of insurance products; however, NAIFA members know that life insurance, annuities and other financial risk-shifting products are the foundation for individual and family financial security. 

 

Congress will not vote on the DRC plan this year, and may not vote on it "as is" next year either. However, parts of it - including the proposal to reform the tax code by eliminating or drastically reducing the number and scope of tax expenditures - are near certain to be part of the debates on deficit reduction and tax reform, starting early next year.

 

Click here for a NAIFA summary of the DRC plan.


healthy Healthy Texas: Private/Public Health Insurance for Small Businesses

Healthy Texas is a new statewide health insurance program designed to enable uninsured small business owners with 2-50 eligible employees to offer affordable health insurance to their employees and families.  Employers interested in Healthy Texas can apply directly to one of the two chosen carriers or through an insurance agent.  For information, go to www.healthytexasonline.com or call 1-800-252-3439.

 

In conjunction with Healthy Texas and other small employer benefit plans, additional opportunities exist for Texas small employers to save money on the cost of health care coverage through the small business health care tax credits available through federal health reform.  Information is available at www.healthcare.gov.



sustainability Senate Passes Year-End Tax Bill, House Action on Tap 

By a solid and bipartisan vote of 81-19, the U.S. Senate on December 15 passed H.R.4853 that contains a two-year reinstatement of the estate tax; a two-year extension of current law income, capital gains and dividend tax rates; and a 13-month extension of unemployment benefits. The bill now goes to the House, where an attempt to change the estate tax rules is expected. Regardless of potential House changes to the estate tax rules, final enactment of the legislation is expected.

 

The Senate-passed bill includes the following provisions:

 

·Income Tax Rates:  Current law (2010) income tax rates would be extended for two years, through the end of 2012, for all taxpayers, regardless of income level. This includes extension of the 10, 25, 28, 33 and 35 percent rate brackets. Also extended in the bill are the personal exemption phase-out rule and the itemized deduction limit-the so called PEP and Pease rules-the latter named for the former lawmaker who devised it. The Pease rule limits high-income taxpayers' itemized deductions when total deductions exceed the amount of the standard deduction. PEP and Pease rules for 2010 would be extended through 2012.

 

·Capital Gains Tax Rates: The current law capital gains rate (15 percent for those in the 25 percent and greater tax brackets) would be extended through 2012. Absent this bill, the capital gains rates would revert to their 2001 levels of 10 percent and 20 percent.

 

·Dividends Tax Rates:  In 2010, qualified dividends are taxed as capital gains (generally, at the 15 percent rate). The 2010 rule is scheduled to expire on December 31, 2010. This bill would extend the rule through 2012. If the bill does not pass, dividends would be taxed as ordinary income-thus, at the taxpayer's highest marginal tax rate level. 

 

·Estate Tax: The Senate bill would restore the estate tax for 2011 and 2012, with a 35 percent top rate and a $5 million/individual ($10 million/couple) exemption. The exemption amount would be indexed for inflation, beginning in 2012. The bill would reunify the estate and gift tax, effective for gifts made after December 31, 2010.

 

The provision includes authority for the executor of the first-to-die-in-a-married-couples' estate to automatically transfer unused exemption amounts to the surviving spouse. For 2010, decedents' estates would have the option to elect 2010 law (no estate tax, modified carryover basis) or the rules for 2011 and 2012. For the generation-skipping tax exemption, there would be a $5 million exemption and a zero percent rate for 2010.

 

House Democrats are discussing possible amendments to the Senate bill's estate tax provisions. The estate tax provisions have emerged among House Democrats as the most controversial element of this year-end tax bill. The most likely amendment is one that would set the estate tax rules at 2009 levels (45 percent top rate, $3.5 million/individual exemption). House Democratic Leaders are projecting that whatever the House does, it will do it in a way that will not block enactment of the bill into law by the end of the year. The House is not expected to make any other changes to the bill as passed by the Senate.

 

·Payroll Tax Adjustment: The Senate bill temporarily drops the employee share of Social Security tax from 6.2 percent to 4.2 percent. It also drops self-employed payroll tax liability from 12.4 percent to 10.4 percent. This tax break for both employees and for self-employed individuals is good only in 2011.

 

 

The Senate bill does NOT include repeal of the 1099 reporting requirement. However, many lawmakers vow to take up 1099 reporting requirement repeal early in 2011.

 


cal CalSurance: New Professional Liability Program Endorsed by NAIFA

Beginning January 1, 2011, the Professional Liability Insurance Program endorsed by NAIFA will be available exclusively to NAIFA members through CalSurance Associates, a division of Brown & Brown, Inc.  CalSurance welcomes new and returning NAIFA E&O program participants!  NAIFA opted for this change to bring improved policy coverage, added services, a fresh underwriting perspective and expanded program marketing to NAIFA members.

 

AON and its carrier - New Hampshire Insurance Company - are no longer endorsed by NAIFA.

 

Policy holders in the current NAIFA program with AON are being notified by CalSurance with renewal materials 90 to 120 days in advance of renewal dates.  NAIFA members interested in obtaining CalSurance information can go to http://www.naifaeo.com/ to find coverage highlights, apply online, download an application and request a renewal date reminder.


fiduciary Will All Agents, Broker/Dealers be Subject to Fiduciary Standard?

While Section 913 of the Dodd-Frank Wall Street Reform and Consumer Act of 2010 does not apply to insurance agents who are not securities licensed, it is possible that they could be eventually swept up in the movement of more regulation and more disclosure.


Fiduciary standards require that a customer's interests come first, but broker/dealers are subject to the suitability standard which requires them to recommend the most suitable product for the client.  Being subject to fiduciary standards would change the way broker/dealers do business and affect securities-licensed insurance agents who sell variable insurance products and other securities.

 

A study that must be completed in January will try to determine if broker/dealers should comply with the same fiduciary standard as registered investment advisors.  The Comptroller General of the Government Accountability Office will also be studying the effectiveness of state and federal regulation of those who provide or offer to provide financial planning services to consumers.


unconstitutional PPACA Individual Mandate Provision Ruled Unconstitutional

U.S. District Judge Henry Hudson ruled on December 14 that a provision of the Patient Protection and Affordable Care Act (PPACA) that would require many individuals to own health coverage is unconstitutional.

Hudson, a judge in the U.S. District Court in Richmond, VA, says the individual health insurance ownership mandate violates the U.S. Constitution because Congress lacks the authority to compel an individual to involuntarily engage in a private commercial transaction.


The "Minimum Essential Coverage Provision," would require many people with incomes above a certain level to buy a minimum level of health coverage starting in 2014 or else pay a penalty. The provision provides for exceptions for individuals with religious objections to owning health coverage and individuals who cannot find affordable health coverage.


Supporters of the provision, including America's Health Insurance Plans, Washington, have argued that any universal health coverage system must include a health coverage ownership mandate, to avoid encouraging individuals to do without health insurance, then count on the generosity of government programs and society in general to provide a basic level of medical care, even though those individuals have made no serious effort to pay for care or health insurance themselves.


Hudson declined to vacate PPACA or impose an injunction.  "Without the benefit of extensive expert testimony and significant supplementation of the record, this court cannot determine, what, if any, portion of the bill would not be able to survive independently," Hudson says.


abbott  Texas A.G. Greg Abbott Agrees with U.S. District Court Ruling in VA

Texas Attorney General Greg Abbott praised U.S. District Judge Henry Hudson's ruling that the individual mandate in the PPACA is unconstitutional.  He said, "The federal health care takeover's requirement that all Americans - against their will - purchase government-approved health insurance is unprecedented and violates the Constitution.  The Commonwealth of Virginia's challenge, as well as Texas' challenge, contends that Congress does not have the authority to force individuals to buy a service from a private insurance company as a condition of being a law-abiding American, and unconstitutionally infringes upon Americans' individual liberties.  No public policy goal - no matter how important or well-intentioned - can be allowed to trample the protections and rights guaranteed by our Constitution."

  

Texas is part of a 20-state coalition that also is challenging the federal healthcare law's constitutionality. The lawsuit was filed in the Federal District Court in the Northern District of Florida immediately after President Obama signed the bill into law, and Attorney General Abbott is in Florida this week as part of that lawsuit.


involvement  Political Involvement Keeps Agents in Business

January 2011 will see the opening of both the 82nd Texas Legislature in Austin and the 112th U.S. Congress in Washington, DC, and lawmakers in both cities will consider legislation that places at risk the income of agents/financial advisors in a way never seen in United States history.

 

Removal of agents and their commissions was one of the first ideas presented to reduce costs in the federal healthcare plan.  That idea is still alive.  In addition, much of the funding needed for the healthcare plan could be obtained by taxing the inside buildup of life insurance, annuities and most employer-provided benefit programs.  Our industry has become the pig that was asked to give a ham to feed the poor as opposed to the chicken that was asked for an egg.

 

Political Involvement Committee (PIC) Chairs Kirk Haworth (Texas Legislature) and Lane Boozer (U.S. Congress) are looking for NAIFA-Texas members to become Key Contacts for 181 Texas Legislators and 32 Texas Congressional members. It is especially important to find Key Contacts for newly elected members of the Legislature and Congress.  Kirk and Lane won't ask you to be a pig, but will need more than an egg.  Your help is needed to keep millions of us in business.

 

Click here for a Key Contact sign up form.


legislative  NAIFA-Texas Legislative Day Activities Set for February 1, 2011

On February 1, 2011, NAIFA -Texas will host the Representatives and Senators of the 82nd Texas Legislative Session at a luncheon at the University of Texas Alumni Center in Austin. 

 

While the luncheon is the focus of the day, a full day of activities begins at 7:30 a.m. at the State Capitol Building where NAIFA-Texas members meet with their lawmakers to discuss timely issues important to agents and financial advisors.  These meetings strengthen the grassroots network that brings the needs of insurance and financial advisors into consideration during the lawmaking process.

Click here for a schedule/registration form/fee payment for the day's activities.

The legislative luncheon is a long time tradition that began when NAIFA-Texas was the Texas Association of Life Underwriters (TALU).

2005 Legislative Day Setup


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