Most advisors know little about the structured settlements market.
Structured settlements have more twists and turns
than a Dashiell Hammett novel-which perhaps is why so few financial
advisors have made much use of them to date. Yet the dollar amounts in
settlements can range into the millions of dollars, thus making them a
potentially profitable niche market for wealth managers and other
fee-only advisors.
How so? Well, consider this: The National Structured
Settlements Trade Association ( HYPERLINK "http://www.nssta"
www.nssta.com), with only 650 settlement company members, far fewer
than needed, pegs the total amount of tort settlements and judgments in
the U.S. in excess of $200 billion annually. Of that amount, it's
estimated that the structured market portion represents $75 billion to
$100 billion or so-a figure that's climbing steadily. However, the
structured settlements industry in 2005 only captured approximately $7
billion of this potential market, according to Stan Harlan, president
of Summit Settlement Services in Clive, Iowa.
So, potentially the structured settlement market
today is huge, and therefore at least tangentially relevant to
advisors. To understand how your clients might benefit, you first have
to understand what a settlement is, and how they are best adopted and
under what circumstances. Finally, you need to know how best to tap
into this honey pot.
In essence, a structured settlement is an
alternative to a lump sum, or all-cash, payment. It's best described as
a stream of tax-free periodic payments usually funded through the
purchase of a single-premium annuity. Most settlements today are
derived from personal physical injury lawsuits, but can also involve
lawsuits from wrongful death, medical malpractice, claims by minors and
incapacitated adults and other forms of litigation. In short, a
structured settlement is another investment option available to the
recipient of a claim with certain benefits few other financial products
possess-namely, "triple tax-free" income, guaranteed payout,
spendthrift protection inflation protection and very low risk of loss.
"In any personal injury settlement, a structured
settlement should always be one component of the injured party's
investment portfolio," says Charles Bradford, president of Bradford
Settlement Co. in Atlanta.
When a structured settlement relates to wrongful
death or personal physical injury, assuming the structure is properly
set up, the benefits received are free of income tax by virtue of
provisions in the Internal Revenue Code. Their tax-free status is one
of their chief advantages.
"They're not for everybody, but the tremendous tax
advantages of a structured settlement annuity should be weighed against
other methods of investing lump sums," says Brian Puckett, a wealth
manager in Oklahoma City, Okla., who has used structured settlements
with clients. "As an added bonus, it can really prevent somebody from
squandering the money rather than investing it, because they'll only
receive the money monthly or annually."
Matthew Grimmer, general counsel for PASS
Consultants LLC, a structured settlement firm in Austin, Texas, and one
of only a handful of tax attorneys who specialize in structured
settlement law, also cites the tax advantages: "Rarely does a person
have the opportunity to invest money without paying taxes on the gains,
and have the control to design the withdrawal and access to such funds
according to the individual's life and anticipated needs as opposed to
a government-mandated withdrawal date."
To illustrate, Puckett recently helped put a client
considering various investment options into an annuity with a purchase
price of $150,000. A structured settlement annuity was funded that
generates $983 per month for the balance of the client's life, with
payment guaranteed for 20 years. The annuity was structured to pay out
at least a total of $235,920 to the client or his heirs during the
20-year guarantee period. Assuming the client lives out a normal life
span (47.3 years for a 35-year-old male), he would receive $557,951
from the annuity-or more than 3.5 times the amount required to fund the
annuity.
Importantly, all proceeds received are completely
tax-free. "In the right circumstances, (a structured settlement) makes
a lot of sense," Puckett says.
Typically, in such cases an attorney calls Puckett
with a client who has been injured or had a spouse die and is
considering settlement options. Often, of course, individuals elect to
take the lump sum and buy a house, travel, invest in a business, or
spend the money in another way. Mostly, they fritter it away, Puckett
says.
Others, however, may prefer to invest for the long
term. Such individuals are potential clients of Puckett and other
financial advisors, who can assist the client to invest the proceeds
from such claims in investments such as stocks and bonds, annuities and
other instruments.
Safety is another big advantage of structured
settlements cited by those who use them. You know you're likely to
receive a payout regardless of how the stock or bond market performs.
Five years ago, attorney Grimmer put his
mother-in-law in a structured settlement. When she was notified she was
to receive a seven-figure settlement from her diet drug claim, she had
to decide whether to take the money or defer receipt of the money
through a structured settlement and allow it to grow tax-free. She
decided to split the decision and take half in cash and put the other
half in a structured settlement payout schedule (with a monthly payout
in the five figures) that guaranteed 20 years of payments and would
last at least the rest of her life.
Within six months of her decision, the stock market
crashed and she lost nearly one-half the value of the cash she and her
husband had invested in the market, Grimmer recounts. Not surprisingly,
he says, she laments not putting it all in the structured settlement,
with the added advantage of tax-free growth.
The structured settlement industry has existed since
the early 1970s and has been encouraged by Congress since the early
1980s. The industry saw rapid growth in the late 1990s because of
higher interest rates, and has seen steady growth since 2001.
"Our industry is capturing only 7% of the
settlements market, so there's obviously room to grow," notes Bradford,
who says there are not enough settlement people or financial planners
today servicing the market, which is steadily burgeoning with larger
and larger settlement figures.
The field provides fertile ground for advisors, as
many persons who encounter sudden wealth-inheritors, athletes,
claimants in lawsuits, for example-blow through it quickly, creating a
vacuum for advisors to fill. Keith Singer, a wealth manager in Fort
Lauderdale, Fla., says, "Many don't understand the basic principles of
money management and budgeting. Structuring a settlement doesn't solve
the problem; it makes it harder for plaintiffs to spend all the money."
Advisors who understand the settlement process thus
have a wide-open field in which to navigate. And the sums involved can
be big. Anna M. Jones, a wealth manager in Houston, for example, has
done structured settlements for clients in malpractice suits with
claims ranging from $5 million to $20 million. In such instances, ones
involving beneficiaries with severe enough injuries that medical costs
can last a lifetime, structured settlements can provide a steady stream
of income to match those rising expenses. Jones says she was never
compensated on the sale of these products, but rather on a percentage
of the assets managed outside of the structured settlements as approved
by the court at the settlement hearings.
One reason advisors have been reluctant to
participate in this market is because it is complex.
Guardian-beneficiary relationships in cases involving minors are often
complex and cumbersome to set up, as laws governing them vary state by
state. Also, the average plaintiff tends not to be in a high tax
bracket. Then, too, structured settlements are inflexible. "Once you
have one, the only way to get the principle back is to sell it and
you're not going to get as much up front as you paid for it," notes
Singer.
In addition, few advisors are appointed by insurance
companies to sell structured settlements. Most of those appointments go
to full-time structured settlement specialists who do not offer
financial planning services. Bradford sees an opportunity for financial
advisors to associate themselves with firms such as his. Advisors
attempting to access the market on their own will encounter a "Catch
22," as he describes it. "This is not a brokered life insurance
product," explains Bradford. "Simply being properly licensed doesn't
permit an advisor to obtain settlement quotes from the various life
insurance companies that offer the product. You can only access the
industry through a structured settlement brokerage firm."
Still, there are definite payoffs for those who
venture into this realm. As with financial planning, the way advisors
benefit from structured settlements is based on how they are paid.
Advisors could receive a fee for helping the client manage part of the
settlement that is not structured. Alternatively, an advisor could
charge a client a fee for creating a financial plan or for helping him
manage the cash flow created by the structured settlement.
Finally, advisors with insurance licenses
potentially could receive commissions on the sale of structured
settlements, in addition to fees and commissions for other financial
services they provide.
One way to tap this underserved market is to network
with trial lawyers the way you would with CPAs or estate planning
attorneys. "Lots of structured settlement salespeople are networking
with trial lawyers to get structured settlement business. However, most
of them do not provide the plaintiffs with other financial services
they desperately need," says Singer. "All trial lawyers know that their
plaintiffs need financial advice and they're not getting it. The best
trial lawyers do care about their clients and want them to be
successful managing their money."
Another way for advisors to make use of structured
settlements is to team up with a settlement specialist and continue to
offer the financial services in which they have expertise. The
specialist will be able to help an advisor sell structures in exchange
for part of the commission. As the relationship develops, the
structured settlement specialist may refer other financial service work
back to the advisor.
"At PASS Consultants we limit our offering to
structured settlements so we are always looking to 'team up' with
financial advisors," says Mark Edwards, vice president. "Our goal is to
offer the injured party a more well rounded package of financial
services, which is best accomplished by bringing a financial advisor to
the table."
Bruce W. Fraser, a freelance
financial writer in New York City, has written for many publications.
Visit him at www.bwfraser.com/home. He can be reached at
[email protected].