'I cannot imagine a situation where I'd recommend a variable annuity,' says
the former chair of TIAA-CREF
Aug. 30 issue -
You rarely find me so deeply angry at a common investment product that I dream
of blowing it to smithereens. Especially one that's sold by America's leading
financial institutions, commands $393 billion in assets and sounds like a
winner for retirees. But stand back, I'm going to light the fuse. My target:
tax-deferred, variable annuities—a name that hints of probity, with a
soupcon of tax savings on the side. What a laugh. It will cost you more in
taxes and possibly risk your security, too. "I cannot imagine a personal
financial situation where I'd recommend a VA as a good idea," says
actuary John Biggs, former chair of TIAA-CREF pension funds.
Before going
forward, let me define the battlefield. I am not dissing tax-deductible
retirement annuities that come with employer-sponsored plans. Nor "fixed
annuities" that pay a set rate of interest. Nor "immediate
annuities" that pay you a monthly income for life.
My quarry is
the commercial tax- deferred annuity sold by stock brokers, insurance agents,
banks and financial planners. Their market: older people—so they're lying in
wait for boomers approaching retirement. Savers in their 70s and 80s could be
roadkill, too (do you know where your parents' money is?). Here's how VAs
work:
You put up a
sum of money for a long-term investment in mutual funds. But instead of buying
the funds directly, you buy through the annuity. Any investment growth
(dividends, capital gains) accumulates tax deferred, to be taxed as ordinary
income when you take the money out. Typically, you're penalized for
withdrawals made during the first five to seven years, says the National
Association for Variable Annuities, although modest sums may be taken free.
The VA usually
comes with some guarantees—for example, that your investment will never be
worth less than you put in. That especially appeals to retirees. But true
long-term investments aren't likely to shrink, so the guarantees are vastly
overvalued and overpriced, Biggs says. And you're still losing money steadily,
compared with other investment options.
Start with the
costs. You may think that you're paying no sales commission, because it's not
visible. But the sales machine earns 5 percent to 8 percent. The broker's
earnings are buried in the annual costs—contract costs, investment
management, insurance guarantees, administration—typically about 2 percent a
year. That's $1,000 on a $50,000 investment, and more as the investment grows.
You'd be horrified if you saw what you were paying in dollars and cents, says
attorney Ronald Uitz of Washington, D.C., who has sued annuity firms for
misleading sales tactics.
I asked
fee-only life-insurance adviser Glenn Daily, of New York City, to compare the
purchase of mutual funds with buying the same funds inside a variable annuity.
He assumed a $50,000 investment, earning 8 percent, for a buyer in the 30
percent tax bracket, with dividends and capital gains taxed at 15 percent.
Which worked
better? (Drumroll, please.) The mutual funds, by a mile. Over more than 30
years, the fund investment outperformed the annuity both before and after tax.
You also had access to your money, with no early-withdrawal penalties.
As for sales
practices, you've got to hold your nose. The National Association of
Securities Dealers brought more than 80 disciplinary actions against VA
brokers over the past two years. Seniors are their particular prey, with
90-year-olds sometimes sold VAs whose withdrawal penalties last for 10 years
or more.
To be fair,
many brokers don't understand the product they're selling. But, still. A
90-year-old. In April the NASD proposed a special set of rules for policing VA
sales practices. The question now is, can they pass? In a comment letter, the
American Council of Life Insurers, a powerful lobby, ripped the proposals
apart. (For more VA info, check the Investor Alerts at nasd.com.)
Once you've
bought an annuity, you're potentially a sitting dupe. Within a few years your
broker will probably suggest that you switch to another, "better"
VA, in a tax-free exchange. If you bite, you'll pay another commission. You'll
also have to hold the VA for many more years before you can touch your money
penalty-free. In January the NASD brought an action against the Kansas-based
broker Waddell & Reed for allegedly switching 6,700 customers to a new
annuity that earned the broker higher fees. At least 1,400 folks were likely
to lose money on the trade, according to the complaint, while WR earned $37
million in commissions. WR says its actions complied with all NASD
regulations.
There's one
little corner of the world where VAs might work, says annuity expert Moshe
Milevsky of York University in Toronto. If you specifically intend to turn
your VA into a future lifetime income, you might do well by buying now. But
less than 1 percent of VA holders annuitize, which leaves the other 99 percent
... where? Biggs says, darkly, that five years from now insurance execs will
be marched, handcuffed, through courts to answer for the way they sell VAs
today. It can't happen too soon.