Disability, Life, and Anti-Money Laundering
Table of Contents
| Chapter 1 - Protecting Income: Disability Insurance | 1 | |
| 
 | Assessing Contributions | 4 | 
| 
 | Canada’s Disability Insurance Plan | 7 | 
| 
 | STD and LTD Benefits | 9 | 
| 
 | Disability Impacts the Family | 10 | 
| 
 | Historically Speaking | 11 | 
| 
 | Disability Statutes and Programs | 14 | 
| 
 | Council of Canadians with Disabilities | 15 | 
| 
 | Employment Issues Facing Those with a Disability | 17 | 
| 
 | Disability Costs to Society | 18 | 
| 
 | Disability and Human Costs | 19 | 
| 
 | Disability and Physical Costs | 20 | 
| 
 | Disability and Social Interaction | 21 | 
| 
 | Disability and the Resulting Financial Costs | 21 | 
| 
 | Insuring Disability Through Private Insurance | 22 | 
| 
 | Earned Income is an Asset | 23 | 
| 
 | Defining Disability for Insurance Purposes | 24 | 
| 
 | “Regular Occupation” Definition | 24 | 
| 
 | “Transitional Your Occupation” Definition (TYO) | 26 | 
| 
 | “Modified Own Occupation” Definition | 26 | 
| 
 | “Disability in Any Occupation” Definition | 27 | 
| 
 | Involuntary Unemployment | 27 | 
| 
 | Can the Policy Be Canceled or non-Renewed by the Insurer? | 28 | 
| 
 | Policy Elimination Period | 28 | 
| 
 | Disability Benefit Period | 29 | 
| 
 | Occupational Classification | 29 | 
| 
 | General Description of Occupational Classes (Chart) | 31 | 
| 
 | Benefit Limitations Based on Occupational Classes (Chart) | 32 | 
| 
 | The Uninsurable | 33 | 
| 
 | Partial Disability | 34 | 
| 
 | Medical Underwriting | 35 | 
| 
 | Financial Underwriting | 37 | 
| 
 | Guaranteed Future Insurability | 38 | 
| 
 | Renewability | 39 | 
| 
 | Policy Pricing | 39 | 
| 
 | Group Disability Insurance | 39 | 
| 
 | Disability Insurance and Hobbies | 40 | 
| 
 | Selecting Financially Strong Insurance Companies | 41 | 
| 
 | Insurance Rating System Criteria | 41 | 
| 
 | The Insurance Rating System’s Values | 41 | 
| 
 | Is the Rating Trustworthy? | 42 | 
| 
 | Financial Security Ratings | 44 | 
| 
 | Insurer Risk | 45 | 
| 
 | Ethical Issues Relating to the Financial Industry | 45 | 
| 
 | Suitability | 49 | 
| 
 | Conflicts of Interest | 49 | 
| 
 | Prioritizing the Needs of the Client | 49 | 
| 
 | Canadian Council of Insurance Regulators (CCIR) | 49 | 
| 
 | Face-to-Face Presentations | 49 | 
| 
 | Adequate Communication Skills | 50 | 
| 
 | Finding the Right Products | 51 | 
| 
 | Full Disclosure | 51 | 
| 
 | Recognizing and Addressing a Conflict of Interest | 52 | 
| 
 | Placing the Client’s Interests First | 53 | 
| 
 | CCIR Considers Issues in the U.S. | 55 | 
| Chapter 2 - Life Insurance | 56 | |
| 
 | Insurance Agents | 56 | 
| 
 | Life Insurance Contracts (terminology) | 57 | 
| 
 | Life’s a Gamble | 58 | 
| 
 | Defining Risk | 59 | 
| 
 | Comfort Level | 60 | 
| 
 | Insurance Risks, Perils, & Hazards | 61 | 
| 
 | Chance of Loss | 61 | 
| 
 | Morale & Moral Hazards | 61 | 
| 
 | Law of Large Numbers | 62 | 
| 
 | Types of Risk | 62 | 
| 
 | Investment Risk | 63 | 
| 
 | Issuance | 64 | 
| 
 | Insurable Interest in Life Insurance | 65 | 
| 
 | A Fairytale Case Study | 67 | 
| 
 | Stranger-Originated Life Insurance (STOLI) | 68 | 
| 
 | Charitable Use of STOLIs | 70 | 
| 
 | Life and Viatical Settlement Agreements | 72 | 
| 
 | Definitions | 72 | 
| 
 | Understanding the Viatical Product | 74 | 
| 
 | How do Viatical Settlements Work? | 75 | 
| 
 | Purchasing Partial Policies | 75 | 
| 
 | Viatical Participant Confidentiality | 75 | 
| 
 | Paying the Viator | 76 | 
| 
 | Buyer’s Remorse | 76 | 
| 
 | Following Payment for the Life Policy | 76 | 
| 
 | Checking Health Status through Physicians | 77 | 
| 
 | Extra Policy Benefits | 77 | 
| 
 | Other Available Options (Besides Selling the Policy) | 77 | 
| 
 | What Every Policyowner Needs to be Aware Of | 77 | 
| 
 | Viatical Settlement Development | 78 | 
| 
 | Medical Underwriting | 79 | 
| 
 | Insurance Underwriting | 80 | 
| 
 | Consumer’s View | 81 | 
| 
 | Policy Ownership Transfer | 83 | 
| 
 | Policy Premium Payments | 83 | 
| 
 | Outstanding Policy Loans | 86 | 
| 
 | Additional Investment Fees | 86 | 
| 
 | Escrow Trust Accounts | 87 | 
| 
 | Viatical and Life Settlement Disclosures | 88 | 
| 
 | Personal Information Protection & Electronic Documents Act | 89 | 
| 
 | Insurance Policy Effective Dates | 91 | 
| 
 | Material Facts | 91 | 
| 
 | Beneficiary Designations in General | 92 | 
| 
 | Estate Creation | 94 | 
| 
 | Changing Social Times | 94 | 
| 
 | Two Basic Insurance Terms: Premium & Peril | 95 | 
| 
 | Betting Against the Insurance Company | 95 | 
| 
 | Good Financial Plans Involve Life Insurance Contracts | 96 | 
| 
 | The Intent | 96 | 
| 
 | Estate Planning: Procedures, Not Products | 97 | 
| 
 | Providing for Others Through Planning | 98 | 
| 
 | Using Discipline to Achieve Security | 99 | 
| 
 | Clarifying Client Objectives | 99 | 
| 
 | The Need for Broader Knowledge | 99 | 
| 
 | Basic Goals of Life Insurance | 100 | 
| 
 | Life Insurance Trusts | 100 | 
| 
 | Trust Beneficiaries | 101 | 
| 
 | Kinds of Life Insurance | 101 | 
| 
 | An Estate Planning Tool | 101 | 
| 
 | Term Insurance: No Money, Just Coverage | 102 | 
| 
 | Whole Life Insurance: the Granddaddy | 103 | 
| 
 | Endowment Insurance: Forced Savings | 103 | 
| 
 | Universal Life: Separating Expenses | 104 | 
| 
 | Variable Universal Life (VUL): Few Guarantees | 104 | 
| 
 | Survivorship Life: Insuring Two or More People | 106 | 
| 
 | Single Premium Whole Life: One Payment | 107 | 
| 
 | Buy-Sell Agreements | 107 | 
| 
 | Annuities | 108 | 
| 
 | Annuity Terminology | 109 | 
| 
 | General Policy Provisions | 112 | 
| 
 | Planning for Increased Life Spans | 113 | 
| 
 | Longevity Risk | 114 | 
| 
 | Variable Annuities (Segregated Funds) | 114 | 
| 
 | Maturity Guarantees / Death Benefit Guarantees | 115 | 
| 
 | Performance of Funds is Not Guaranteed | 115 | 
| 
 | Types of Contracts | 116 | 
| 
 | Registered Retirement Savings Plans (RRSP) Section 146 of the Income Tax Act | 117 | 
| 
 | Non-Registered Annuities | 118 | 
| 
 | Prescribed Treatment / Non-Prescribed Treatment | 119 | 
| 
 | RRSP Types | 120 | 
| 
 | Contributions | 121 | 
| 
 | Spousal RRSP | 122 | 
| 
 | Taxation of Deferred Annuities | 122 | 
| 
 | The Decision to Buy | 122 | 
| 
 | Life Income Funds | 123 | 
| 
 | Immediate Annuities | 124 | 
| 
 | Payout Options | 124 | 
| 
 | Single Life Payout Option | 125 | 
| 
 | Joint-and-Survivor Payout Option | 126 | 
| 
 | Installment Refund Life Payout Option | 126 | 
| 
 | Variable Annuity Payout Option | 127 | 
| 
 | Term Certain Payout Option | 127 | 
| 
 | Other Products | 127 | 
| 
 | Dollar Cost Averaging | 128 | 
| 
 | Annuity Beneficiary Designations | 128 | 
| 
 | Annuity Contingent Beneficiaries | 129 | 
| 
 | The Insurance Contract | 130 | 
| 
 | Deposits | 131 | 
| 
 | Surrender Penalties | 131 | 
| 
 | Retirement Savings Plan (RSP) Endorsements | 132 | 
| 
 | Switches | 132 | 
| 
 | Investment Options | 133 | 
| 
 | Product Suitability | 134 | 
| 
 | Saving Adequately | 134 | 
| 
 | The Reason for the Goal (the Reward) | 134 | 
| 
 | Determining Goals | 137 | 
| 
 | Basic Product Information Requirements | 139 | 
| 
 | Determining Product Suitability | 139 | 
| 
 | Product Replacement | 141 | 
| 
 | Identifying Suitability Issues | 142 | 
| 
 | It is Not a Liquidity Issue, But Rather a Suitability Issue | 143 | 
| 
 | A Comprehensive Financial Plan | 144 | 
| 
 | The Investment Industry Regulatory Organization of Canada (IIROC) | 146 | 
| 
 | Overview: Our requirements are not “one-size-fits all” | 146 | 
| 
 | Know-your-Client | 147 | 
| 
 | What is the KYC obligation? | 147 | 
| 
 | What types of KYC information must be collected? | 147 | 
| 
 | What specific KYC information must be collected for suitability determination purposes? | 149 | 
| 
 | Is the KYC obligation the same for all accounts? | 154 | 
| 
 | Who carries out the KYC process? | 155 | 
| 
 | Interactions with the client | 155 | 
| 
 | Use of one set of KYC information for multiple accounts | 157 | 
| 
 | Additional considerations for managed accounts | 158 | 
| 
 | What questions should be asked when inheriting a client relationship? | 158 | 
| 
 | What if the client won’t provide the information? | 158 | 
| 
 | How often must client information be updated? | 159 | 
| 
 | Is there anything that should not be done? | 160 | 
| 
 | Suitability | 161 | 
| 
 | What is the suitability determination obligation? | 161 | 
| 
 | How should a suitability determination be carried out? | 163 | 
| 
 | What is the difference between account appropriateness and suitability? | 165 | 
| 
 | When must a suitability determination be made? | 167 | 
| 
 | Can suitability be assessed on a combined basis for multiple accounts? | 169 | 
| 
 | What are the obligations when a client has accounts at multiple dealers? | 170 | 
| 
 | Under what circumstances can household account suitability determinations be performed? | 171 | 
| 
 | What are the obligations when a client has accounts in separate business lines at the same dealer? | 171 | 
| 
 | Who can assess suitability? | 173 | 
| 
 | What if a client wants to make an unsuitable trade? | 173 | 
| 
 | Is there anything that Dealers and Registered Individuals should not do? | 173 | 
| 
 | IIROC review of a Registered Individual’s or Dealer’s suitability determination | 173 | 
| 
 | Applicable Rules | 174 | 
| 
 | Previous Guidance Note(s) | 174 | 
| 
 | Annuity Surrender Values and Penalties | 174 | 
| 
 | Financially Sound Insurers | 175 | 
| Chapter 3 - Anti-Money Laundering | 176 | |
| 
 | Client Due Diligence | 178 | 
| 
 | Determining Identification in a Face-to-Face Interview | 178 | 
| 
 | Identification of New Business Clients | 179 | 
| 
 | Confirming the Client’s Business | 180 | 
| 
 | Collection of Beneficial Owner & Director Information | 180 | 
| 
 | Not-For-Profit Organizations | 180 | 
| 
 | Exceptions to Requirements for Business Clients | 181 | 
| 
 | Third-Party Determination | 181 | 
| 
 | Politically Exposed Foreign Person (PEP) Requirement | 182 | 
| 
 | Retention of Client Records | 182 | 
| 
 | Suspicious Transactions | 182 | 
| 
 | “Red Flag” Indicators | 183 | 
| 
 | Tipping Off | 183 | 
| 
 | Large Cash Transaction Reporting | 183 | 
| 
 | The Proceeds of Crime and Terrorist Financing Administrative Monetary Penalties Regulations | 183 | 
| 
 | Terrorism Produces Insurer Risk | 184 | 
| 
 | Proceeds of Crime and Terrorist Financing Act | 185 | 
| 
 | Object of the Act | 185 | 
| 
 | Company Objectives | 187 | 
| 
 | Policy Application | 187 | 
| 
 | Restricted Businesses and Entities | 188 | 
| 
 | AML Education | 188 | 
| 
 | A Change in Thinking | 188 | 
| 
 | Product Identification | 190 | 
| 
 | Money Laundering Indicators Not Unique to Insurance Products | 194 | 
| 
 | Characteristics of the Money Launderer | 194 | 
| 
 | Last Page | 196 | 
United Insurance Educators, Inc.
PO Box 1030
Eatonville, WA 98328
(800) 735-1155