THE BEST RETIREMENT INVESTMENT OPTIONS

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1 THE BEST RETIREMENT INVESTMENT OPTIONS by Lew Nason, RFC, LUTCF, CFLA If you could design your ultimate retirement savings vehicle, what benefits or features would you like it to have? Let your imagination go wild. The best retirement investment options I hope you ll agree that saving for your family s financial security and your retirement is critical. And it all starts with paying yourself first. The reality is that it doesn t really matter where you save your money. What matters most is that you start saving today. Time and compounding interest is what makes your money grow. However, once you start saving, you can help yourself achieve financial freedom and generate more spendable income in retirement by selecting investment vehicles offering more than just the promise of higher investment returns. What would your ultimate retirement savings vehicle look like? If you could design your ultimate retirement savings vehicle, what benefits or features would you like it to have? Let your imagination go wild. Would you want to receive an income tax deduction for the money you put into the plan that's similar to the deduction you get for many of the current qualified retirement plans? Would you want to be able to put in as much money as you can without regards to how much money you make, with no limits or caps? Would you like to have the money inside the plan accumulate tax deferred? You don t pay any income taxes or capital gains taxes on the account while your money is building. Would you like to be able to generate a tax-free income during your retirement? Would you like to be able to access all of the money tax-free before retirement and without the early withdrawal penalties associated with traditional qualified retirement plans? Would you like to have a minimum interest rate guarantee each year? How about an opportunity for the higher stock market type returns? What if you could lock in those higher stock market type returns each year and with no risk to your investment principle? (No stock market losses.) If you become disabled, would you like for someone to keep putting money into the retirement plan for you?

2 If you die, would you like for someone to pay your family what you meant to save during your lifetime? Here are what I would consider to be the best choices for investment vehicles: a 401(k) with matching contributions, tax-free municipal bonds, Roth IRAs and something you may not have heard of investment grade life insurance. 401(k) with matching contributions In most cases, you ll want to take full advantage of your company s 401(k) plan if they offer any sort of matching contributions. It s free money, so you ll generally want contribute to your 401(k) only up to the amount that your company matches. Why only up to the amount the company matches? The problem with tax deductible qualified retirement plans is the exorbitant income taxes you ll pay in your retirement years. So, you ll want to contribute the amount necessary to receive all of the free money your company offers and then stop right there. Exceptions: If your company only offers their company stock inside of the 401(k) and all of your contributions plus the matching contributions are required to be invested into company stock, then you may want to pass on the opportunity. Consider: If your company has a financial problem like Enron, then not only could you lose your job, you could lose the nest egg that you ll need to survive until you find another job. Investing most of your retirement savings in one company isn't prudent. If your company collapses, both your paycheck and your retirement savings could evaporate. Tax-free municipal bonds Many people today believe that tax-free municipal bonds are an exceptional retirement income vehicle. Regional and local agencies, towns, and cities issue municipal bonds. Most municipal bonds have lower interest rates than comparably rated corporate bonds and treasury securities. The minimum amount required for investment in municipal bonds is generally $5,000. Municipal bonds are sometimes issued at a discount to compensate investors for the additional risk that these bonds may have due to the financial difficulties of some local governments. The most important feature of municipal bonds is their tax-exempt feature. Due to subsequent judgments based on the 1819 McCullough v. Maryland ruling, the federal, state and local governments don't possess the power to tax each other. Consequently, municipal bonds can't be subject to federal tax. Additionally, income from state and local municipal bonds can't be taxed if purchased within the geographic area. For example, Georgia residents don't pay state taxes on Georgia bonds. However, residents of Florida are subject to state income taxes on their Georgia bonds. Drawbacks of tax-free municipal bonds While municipal bonds do offer a tax-free income that is very attractive, there are several hidden drawbacks: Investors (before and after retirement) who generate substantial income from municipal bonds could be subject to paying the alternative minimum tax because the interest from those bonds is one of the indicators used to calculate who pays the tax. If you start investing heavily in

3 municipals, you'll need to keep a sharp eye out to make sure you don't hit the AMT, because as soon as you do, you lose all of the tax-free advantage of municipal bonds. Because the interest rates are lower on municipal bonds, there is also the risk of having your investment not keep up with inflation and taxes. Most retirees are unaware that while you generally won t pay income taxes directly on municipal bond income (except if you hit the AMT) you do have to report the municipal bond income on your income tax return, and it can cause up to 85 percent of your Social Security income to become taxable. There is also credit risk, the possibility that a municipal bond issuer's credit rating may be downgraded or that it will default in payment of principal and interest on its bonds. Lowerquality issues typically offer higher yields than those considered investment grade, but also involve more risk. There is also the problem of interest rate risk. As interest rates increase, you could see the value of your municipal bond portfolio decline. The final problem is that municipal bonds are attachable by creditors. Because of the many hidden drawbacks of municipal bonds, you have to be very careful when using them. In most investment portfolios, only the use of a very limited amount makes any sense. Roth IRAs The Roth IRA is a type of individual retirement account in which contributions are made with after-tax (non-deductible) dollars. If certain requirements are met, then the earnings accumulate tax-free, and no federal income tax is levied when qualifying distributions are taken from the plan. A Roth IRA allows for tax-free withdrawals as long as the contributions remain in the account for a minimum of five years and the account holder meets one of the following criteria: age 59½, death, disability or first-time home purchase. As with all IRAs, there are restrictions on your eligibility to contribute to a Roth IRA based on your income level and filing status. You can stay current with these rules and regulations with IRS Publication 590. Note, if you are eligible to contribute to an IRA in a given year, then you have until the following April 15 to make a contribution. The current contribution limit is $5,000 per individual if you are under age 50 and the amount you can contribute phases out at higher incomes. The rules for the Roth IRA are changing every year, so I won t go into the details in this article. Roth IRAs offer some very distinct advantages over most other qualified retirement plans (401K, 403B, SEP, etc.) and municipal bonds. The biggest advantage is the tax-free income they provide during retirement. Consider, if you were to put the maximum contribution into a Roth IRA and a tax-deductible qualified retirement plan, you would be depositing the same amount each year, into each plan. If you receive the same rate of return on both accounts, then won t you have the same amount of money in each account when you retire? If you then withdraw the same amount out each year from both accounts, the Roth IRA will provide you with more spendable income, because you won t have to pay taxes on that income.

4 Unlike the Traditional IRA, there is no required minimum distribution at age 70½. Another advantage of Roth IRAs is that unlike tax-free municipal bonds and the taxable income from a qualified retirement plan, the Roth IRA s income is not reported on your income tax returns to determine the taxability of you Social Security income. Also unlike tax-free municipal bonds, the tax-free income from a Roth IRA does not trigger the alternative minimum tax calculation. Roth IRAs, like most qualified retirement plans, are generally not attachable by creditors. Drawbacks of A Roth IRA There is a cap each year as to what you can put into a Roth IRA and for the higher wage earner, the eligibility to contribute to a Roth IRA phases out. (See IRS Publication 590) There is a 10 percent early withdrawal penalty if you with withdraw the accumulated interest prior to age 59½. (You can generally withdraw the investment principal as long as you ve had a Roth IRA longer than five years.) One of the main concerns I have with Roth IRAs is whether sometime in the future the federal government will lower the Social Security retirement income for the people who have accumulated a lot of money using qualified retirement plans. I think the federal government will be forced to find ways to lower Social Security income payments. Investment grade life insurance Most people think of life insurance in terms of death benefit protection. However, because you can over-fund today's cash-value life insurance policies, they also provide vehicles for meeting other goals, such as saving for retirement and college education, paying estate taxes and providing liquidity. Life insurance now has some very competitive returns and is treated uniquely by the IRS. Life insurance offers the added bonus that most goals can be achieved on a tax-free or taxdeferred basis. In effect, life insurance is one of the few remaining tax shelters available. Life insurance is the investment the wealthy have used for decades to accumulate, protect, provide liquidity and pass on their safe money. We are talking about the investment money that a wealthy family needs and uses to cover their daily living expenses. It s the money that they can t afford to put at risk. A recent survey by the Spectrum Group found that 84 percent of ultra-wealthy people own life insurance. Investment grade life insurance offers some very distinct advantages over most other investments, even Roth IRAs and municipal bonds. Like the Roth IRA, your money grows tax deferred, and you can receive a tax-free retirement income. Also, like the Roth IRA, there is no required minimum distribution at age 70½. The income you receive is not reported on your income tax returns to determine the taxability of you Social Security Income and it does not trigger the alternative minimum tax calculation.

5 Unlike the Roth IRA, there is no cap each year as to what you can put into cash value life insurance. You can simply increase the death benefit to accommodate more cash. And, unlike the Roth IRA, for the higher wage earners, there is no phase-out of eligibility as there is with a Roth IRA. Unlike the Roth IRA, you can access your money tax-free prior to age 59½. There is also no 10 percent early withdrawal penalty if you withdraw the accumulated interest prior to age 59½. Life insurance cash values do not count against you when applying for college financial aid for your children. Life insurance is generally not attachable by creditors, and has the added advantage of bypassing probate. Drawbacks of investment grade life insurance Because of the commissions, expenses and surrender charges, there is very little usable cash value in the first three to five years of the policy. You should generally use investment grade life insurance only if you can leave the money there a minimum of 10 years. (15 years is preferable.) You are buying a life insurance death benefit, so there is a charge for the death benefit each year. However, considering that most people need and are paying for life insurance anyway, this is a great way for you to get the life insurance you need at the lowest cost possible. Unlike other investments, your ability to purchase life insurance depends on your overall health. In many cases, even if you have a health problem, investment grade life insurance may actually work better for you. With any product you buy, there are good ones and bad ones. Life insurance is no exception. Investment grade life insurance works well in most circumstances and exceptionally well for those families who need and are already paying for life insurance. We ve talked a little about investment grade life insurance. At this point, you may be asking what exactly is investment grade life insurance? The simple explanation Basically, investment grade life insurance is a permanent, cash value life insurance where you put significant additional cash into the policy over and above what is needed to support the policy s death benefits.

6 In simple terms, you are purchasing the least amount of life insurance death benefit for the money you are investing. This allows your cash value to grow much faster because of the minimal internal expenses. The technical explanation In reality, the federal government has rules defining how much money can be deposited into a life insurance policy and still have it retain the unique income tax advantages of life insurance. These are the Tax Equity and Fiscal Responsibility Act of 1982, the Deficit Reduction Act of 1984 and the Technical and Miscellaneous Revenue Act of 1988 guidelines. What is generally considered to be an investment grade life insurance policy is a life insurance policy that has been funded up to the modified endowment contract rules. The policy is then able to accumulate significant amounts of cash value, while still retaining all the unique income tax advantages of a life insurance policy. A permanent cash value life insurance policy offers several unique benefits that most other investment vehicles don t offer: Unlike qualified plans, there are no caps (limits) on how much money you can save each year. (You are only limited by the size of the policy.) All of the money you put into a cash value life insurance policy builds tax deferred. You avoid paying income taxes every year, so your money builds faster. You have a liquid emergency fund for life s unexpected events. The cash values can be accessed income tax-free, without contractual withdrawal penalties. And, there are no early withdrawal penalties from the federal government for withdrawals prior to age 59 ½. (Not so with qualified plans or annuities.) Cash value life insurance is generally not attachable by creditors. Cash value life insurance doesn t count as an asset when you apply for college financial aid. By over-funding a cash value life insurance policy up to the MEC guidelines, it can become investment grade life insurance. The cash accumulated in your policy can provide you with a tax-free income in retirement (taking withdrawals up to the cost basis and then borrowing the remainder) as long as you keep the policy in-force. You ll have the protection of life insurance in your retirement years to replace lost pension and Social Security income at your death ( pension max concept). Unlike qualified plans and annuities, the death benefits and cash values are transferred income tax free to your beneficiaries.

7 Cash value life insurance generally bypasses probate (and it is private with no public records). Cash value life insurance can be used to pay income taxes on qualified plans and your estate taxes at your death. You have a disability waiver of premium rider that will put the money in for you. This makes the plan self-completing, if you ever become disabled. (Only life insurance offers this unique benefit.) Life insurance provides a death benefit that gives your family the money you intended to save in the event you can t be there. Safety: All 50 states have something similar to FDIC for life insurance policies and annuities. Plus, insurance companies must, by law, cover at least 100 percent of their liabilities with reserves, hence the term 100 percent legal reserve life insurance company. There are also regulations as to the percentage that can be held in certain forms of assets. This system has produced a remarkable overall record of solvency and safety. Guarantees: Only life insurance and annuities guarantee your investment principle and offer you minimum growth guarantees for the life of the contract. Tax treatment of life insurance Life insurance policies receive very favorable tax treatment under the income tax laws. Section 101 of the Internal Revenue Code provides that the death benefit proceeds of a life insurance policy, subject to the exceptions stated in the law, are not subject to income tax when paid. It also states that the cash value accumulation in a life insurance policy grows tax deferred and can be borrowed out tax free as long as the policy remains in force. These income tax benefits are just a few of many reasons for the exceptional growth of the life insurance industry. Tax law changes In the early 1980s, the introduction of universal life caused some confusion in and out of the insurance industry. Prior to TEFRA and DEFRA, there were not any specific federal laws defining life insurance. If a life insurance policy met the applicable state's requirements to be considered a life insurance policy, then the policy would be treated as life insurance for federal income tax purposes. Universal life was the first policy to actively focus on the life insurance policy's cash value build-up as a supplemental income for a client's retirement years. Thus, the cash accumulation in the policy was a major focus for universal life sales. Life insurance has since become one of the most attractive financial products someone can consider. What has been presented here is only a simplistic overview. As with any discussion of products and income taxes, there are always exceptions to the general rules.

8 Technical tax legislation review With the passage of the TEFRA, Congress provided a mechanism to allow universal life-type policies to be treated as life insurance for tax purposes, thus providing the UL policies the tax benefits of IRS Section 101 treatment. TEFRA addressed only the flexible premium life insurance (universal life) and left open the need for a statutory definition of all life insurance. Subsequent to TEFRA, DEFRA was passed. DEFRA took the TEFRA rules and modified them, providing a general set of qualifications for any contract to qualify as a life insurance policy for income tax purposes. Included were tests that effectively limited the amount of premium and required at least a minimum amount of pure risk coverage (death benefit) in order to qualify. Thereafter, compliance to these laws has become a matter of mathematical calculation and ongoing testing to assure policies meet the statutory definition both at issue and while they remain in force. By providing a consistent definition of life insurance, DEFRA effectively made it clear that all qualifying life insurance policies will be taxed under the favorable rules provided by the Internal Revenue Code. Basically, that means that the death benefits of a life insurance policy are generally received income tax free by the beneficiary. This applies to the full death benefit, including the cash value component. This means that any interest portion included in the policy cash value and death benefit is free from federal income tax when paid as a death benefit. TAMRA created a new category of life insurance policy called a modified endowment contract. TAMRA defines such a contract as one which fails to meet certain premium limitation tests, first on an annual and then on a cumulative basis. The TAMRA test period runs for seven years from the time it starts, hence its common name, seven-pay test. As with TEFRA and DEFRA, compliance with TAMRA involves fairly straightforward mathematical computations performed by life insurance companies. It should be noted that death benefits of both types of policies (non-mecs and MECs) are generally paid free from income tax, including any cash value component. Policy distributions, however, are taxed differently depending on whether or not the life insurance policy is classified as a MEC.