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A life insurance policy that is subject to a contract is a type of policy that is governed by the terms and conditions outlined in the contract.
The contract outlines the rights and obligations of both the insurance company and the policyholder, including the payment of premiums and the payout of benefits in the event of a claim.
The policyholder's rights are clearly stated in the contract, including their right to cancel the policy and receive a refund of premiums paid.
The insurance company's obligations, such as paying out a death benefit, are also clearly outlined in the contract.
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What is Modified Endowment Contract (MEC)?
A Modified Endowment Contract (MEC) is a type of life insurance policy designed to help policyholders accumulate cash that can be withdrawn tax-free. This concept was created in the 1970s to leverage tax advantages of cash-value life insurance contracts.
Life insurance companies initially designed MECs to allow policyholders to accumulate cash, but the U.S. government saw this as a tax shelter and created the Technical and Miscellaneous Revenue Act (TAMRA) as a solution.
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The TAMRA defines the conditions under which a MEC would no longer be considered a life insurance product. To qualify as a MEC, a contract must have been created on or after June 20, 1988, and meet the statutory definition of a life insurance policy (IRS Section 7702).
A MEC also fails to meet the 7-pay test, which is a critical condition.
Here are the key conditions that define a MEC:
- The contract was created on or after June 20, 1988.
- It meets the statutory definition of a life insurance policy (IRS Section 7702).
- It fails to meet the 7-pay test.
Policy Types
A life insurance policy that is subject to a contract can be a bit overwhelming, but let's break it down.
There are different types of term life policies, including mortgage insurance and group insurance.
Policy owners may have the option of converting their term life insurance policies into whole or universal life insurance policies, or renewing the policy at the end of its term for a limited number of successive terms.
Term
Term life insurance is a type of life insurance that provides coverage for a specified period at a guaranteed rate.
A term life policy can be converted into whole or universal life insurance policies, giving policy owners more flexibility.
Term life insurance is often used to cover mortgages, and it's also common in group insurance settings.
Policy owners can renew their term life insurance policies for a limited number of successive terms.
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Modified Whole
A modified whole life policy charges smaller premiums for a specified length of time after which the premiums increase for the remainder of the policy. This type of policy can be a good option for those who want to save money on premiums in the short term, but it's essential to understand that premiums will eventually increase.
The length of time that premiums remain smaller varies depending on the policy. It's crucial to carefully review the policy terms and conditions to understand when premiums will increase.
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Universal
Universal life policies are a type of insurance that provides coverage over a specified period and builds cash value over time.
They have greater flexibility in premium payment, which can be beneficial for those who need to adjust their payments.
A cash account is included in all universal life policies, in addition to the standard death benefit.
This cash account can provide a source of funds for policy owners, which can be useful in case of an emergency.
There are several types of universal life policies, including variable universal and equity indexed universal life, each with its own unique features.
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Policy Components
A life insurance policy has several key components that you should understand.
The face value (FV) of a life insurance policy is the amount that's contracted for at the time the policy is purchased, and it's the amount to be paid out when the insured dies.
The face value of a life insurance policy doesn't include dividend additions, accidental death benefits, or term insurance amounts.
The cash surrender value (CSV) of a life insurance policy is the monetary or equity value it acquires over time as premiums are paid and interest is added.
A policy owner can take out loans against the CSV, but this reduces its value.
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The Seven-Pay Test
The Seven-Pay Test is a crucial factor to consider when evaluating your life insurance policy. The IRS uses this test to determine whether your policy has become a Modified Endowment Contract (MEC).
Your policy documents should tell you how much you can pay into your account each year, and this limit varies depending on the policy. For example, if your insurer sets your seven-pay or MEC limit at $4,500 a year for the first seven years of the contract.
If you pay more than this limit, even once, your policy becomes a MEC. And if you make any changes to the policy, the seven-year timer resets.
This means that you need to be mindful of your premium payments and avoid exceeding the limit, even if it's just once. If you're renewing coverage, the policy would face the seven-pay test, regardless of when you bought it.
Some policies, those bought before June 21, 1988, aren't subject to these premium limits.
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Cash Surrender Value
The cash surrender value (CSV) of a life insurance policy is the monetary or equity value it acquires over time.
This value is built up as the policy owner pays premiums and dividend additions and interest are added to the policy.
A policy owner can take out loans against this amount, but a loan reduces the CSV.
You can obtain the full CSV by cancelling the life insurance policy before the insured dies or the policy matures.
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Face Value (FV)
Face Value (FV) is the contracted amount that's paid out when the insured dies, and it's usually shown on the front page of the life insurance policy.
This amount is also known as the "amount of insurance", "the amount of this policy", or "the sum insured."
The Face Value (FV) does not include dividend additions made after the policy is issued, so don't confuse those with the Face Value.
Additional sums payable in the event of accidental death or special provisions are also not part of the Face Value.
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If you have a policy with whole life coverage for one family member and term coverage for the others, the Face Value only includes the whole life coverage amount.
Here's a quick rundown of what's not included in the Face Value:
- Dividend additions made after the policy is issued
- Additional sums payable in the event of accidental death or special provisions
- Term insurance amounts (if you have a mix of whole life and term coverage)
Insurance
Insurance is a contract that provides financial protection in case of unexpected events.
Life insurance, for example, pays a specified amount upon the death of the insured. This can be a huge relief for loved ones who may be struggling financially.
Health insurance, on the other hand, helps cover medical expenses. It's like having a safety net that catches you when you're not feeling well.
Insurance can also provide coverage for other types of risks, such as accidents or natural disasters.
Premiums
Premiums are the amount you pay to keep your policy in force. If you stop paying, the policy will lapse and become inactive.
The amount you pay in premiums can vary depending on the policy and its terms. In most cases, if you miss a payment, the policy will lapse.
You need to pay premiums regularly to keep your policy active. This ensures that you're protected in case of an emergency.
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Supplementary
A supplementary contract is not a life insurance policy. It's an agreement that lets you choose how the proceeds are paid out when your policy matures or you pass away. This alternative payment is usually in the form of an annuity, which provides a steady income stream over time. This can be a great option if you're not sure what to do with the lump sum payment you'd otherwise receive.
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Guarantee and Protection
Life insurance companies have a safety net in place to protect policyholders in case the company can't meet its obligations. This is called a state guaranty fund.
In the unlikely event of a company's financial trouble, the guaranty fund pays out up to a certain benefit. This ensures that beneficiaries receive some coverage, even if the company can't pay the full face value.
The amount of benefit available varies, but it's an important measure to protect policyholders.
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Guarantee Protection
Life insurance companies have a safety net in place to protect policyholders in case of financial trouble. They have to meet regulations that ensure they can pay out benefits, and state guaranty funds step in if they can't.
These funds can pay out up to a certain benefit in the unlikely event of a company's financial collapse. This means your beneficiaries might not get the full face value of the policy, but they'll still receive some compensation.
State guaranty funds are an important measure to ensure policyholders get some benefit, even if the insurance company can't meet its obligations.
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Survivorship
Survivorship is a type of life insurance that's designed to provide financial protection for two people, usually spouses.
This policy is also known as joint life insurance, and it's a whole life insurance policy that covers two lives.
The proceeds from a survivorship policy are paid out to the beneficiary on the later death of the second person.
This means that if one spouse passes away, the other spouse will continue to pay premiums until they pass away, at which point the policy pays out to the beneficiary.
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Frequently Asked Questions
What causes a life insurance policy to become a MEC?
A life insurance policy becomes a Modified Endowment Contract (MEC) if it's overfunded within the first seven years, causing the IRS to reclassify it as an investment vehicle. This can happen when premiums exceed certain limits or when the policy is funded too aggressively.
Sources
- https://www.insurance.ca.gov/01-consumers/105-type/95-guides/20-Glossary/
- https://www.prudential.com/financial-education/what-is-a-modified-endowment-contract
- https://corporatefinanceinstitute.com/resources/wealth-management/modified-endowment-contract-mec/
- https://hcopub.dhs.state.mn.us/epm/Appendix_i.htm
- https://meetfabric.com/blog/what-exactly-is-in-a-life-insurance-contract-a-walk-through
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