The most popular annuity settlement option is annuitization ? to take payments over a time frame that you select, which may include the rest of your life. When you annuitize, you receive payments (monthly, semi-annually, annually) in exchange for surrendering your annuity to the annuity insurance company. Your annuitization options usually include:
Lifetime Income
Period Certain
Period Certain Plus Life
Here is how Lifetime Income works. Let's say you have $100,000 in an annuity and the insurance company calculates that, due to your age and gender, it will pay you $1,500 a month for as long as you live. You collect $1,500 the first month, $1,500 the next month, and $1,500 the following month. Then you get run over by a truck and die. You bet the insurance company you would outlive your $100,000 and you lost. $4,500 is all you get; they keep the rest. This is maybe not such a good deal.
Your second option is called Period Certain. This means you can take your money out over a period of 5, 10, 15, or 20 years. The insurance company guarantees to pay out all your money (plus interest) over that period. If you do not live to the end of the period, your beneficiary gets the remaining money in your annuity over the balance of the period. Live or die, you or somebody else gets back all your money.
The third option is Period Certain Plus Life. Here the insurance company guarantees to pay you a check each month for a certain period of time, plus, if you live beyond that period (even if you live to be 150 years old) you'll receive monthly income that you cannot outlive.
The choices are not so simple. A monk in a monastery, for example, may well expect to live to a ripe old age and do better with a Lifetime Income (Although I wonder what he would spend the money on). Someone with a terminal illness may want to take a lump-sum settlement or a 5-year Period Certain. Take a close look at factors such as your health and spouse's health, your age and spouse's age, other sources of income, and your tax bracket.
For more flexibility you could opt for Systematic Withdrawals. In this case, you would receive a fixed percentage of the account value or a fixed monthly amount. You could stop this arrangement at any time and simply withdraw your remaining balance.
Although Systematic Withdrawals appear to have advantages over annuitization, note these two differences: With annuitization as your annuity settlement option, you can lock in a guaranteed monthly income regardless of the performance of your annuity. In addition, annuitization lengthens the tax deferral period since only part of each payment is taxed. The IRS considers the other part of your payments a return of principal.
Finally, you may want to just keep the annuity growing and not take payments at all. Some annuities, however, do not allow this and force withdrawals by a certain age. One option for you is a tax-free exchange to another annuity that may have more liberal withdrawal requirements, but watch out for surrender charges on your existing policy.
You probably never thought getting a check could be so complicated. It's really not as messy as it sounds. In fact, I have annuity agents all across America who specialize in solving such problems. There is no charge or obligation. To have your choices compared, we would be happy to review any type of annuity settlement option and figure the most appropriate withdrawal option for you. Just click on the link in my bio below.
Lump Sum Or Payments
Often, injured workers choose to settle their cases with their employer's insurance company in return for one-time cash payments (although for large sums of money some insurers favor paying out a portion of any settlement over a period of years).
These settlements often take into consideration:
Unpaid total temporary disability or partial disability benefits (TTD or TPD)
Temporary Total or Temporary Partial Disability benefits likely to be owed in the future
Future medical expenses
Permanent disability benefits owed or likely to be owed
Any penalties for late payment of benefits
And in some circumstances, attorneys fees
Whether you SHOULD settle your claim depends on what you are offered, what you would otherwise be entitled to if you did not settle, and whether the settlement reasonably meets your needs.
Why would I ever want to settle my workers' compensation claim?
While you are technically entitled to lifetime medical treatment, on-time disability checks (TTD or TPD), and then checks for any Permanent injuries (PPD), things do not always go so smoothly. Your employer's insurance company is a business. It is in their financial interests to limit both cash payments to you as well as the overall cost of your medical care. Often this leads to resistance or delays in receiving cash benefits, in changing doctors, authorizing physician referrals, and in getting medical procedures approved. Also, if your employer has not accepted your claim and has paid you no benefits they may feel they have a defense to paying you benefits. By settling a claim an insurer would waive this potential defense to your claim. In another example, if you are entitled to Social Security benefits, Social Security might be able to take credit against the value of your workers' compensation benefits. Settling your claim may allow you to get the most benefit from both.
Insurance companies often favor settlements over keeping your claim open for months or years. If they settle at a set amount, they can more accurately pass this expense onto their customers (employers) who purchase insurance from them. Major considerations regarding settling your claim for a lump sum payment include your ability to get another job, your eligibility for Social Security benefits, and your eligibility for Medicare or group insurance at another job or through your spouse.
If you have injuries that will require future medical treatment it is highly unlikely that any settlement will provide you will the ability to pay for any significant medical treatments on your own. You might be able to pay for doctor's appointments, prescriptions, or physical therapy, but it is unlikely you could pay out of pocket for any surgery as expensive as hospital stays can be. You need to take that into account and only settle your claim if you have no immediate surgeries planned and have some idea of how your future medical bills could be paid.
Both Gary Le Mon & Aaron Walter are contributors for EditorialToday. The above articles have been edited for relevancy and timeliness. All write-ups, reviews, tips and guides published by EditorialToday.com and its partners or affiliates are for informational purposes only. They should not be used for any legal or any other type of advice. We do not endorse any author, contributor, writer or article posted by our team.
Aaron Walter has sinced written about articles on various topics from Legal Matters, Life Insurance Annuity and Legal Matters. Aaron Walter is an attorney in Marietta, Georgia. He specializes in and cases involving injured Iraq contractors under th. Aaron Walter's top article generates over 8100 views. to your Favourites.
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