Golden Premium Account®° Plans
A Response to Current Trends in Retiree Health Care Costs
By
Howard W. Hans, Esq.
Counsel with Roberts & Holland, LLP
Senior Counsel to National Trust Management Services, Inc.
Most retirees will be forced to devote a substantial portion of
their retirement assets to pay Medicare Part B premiums, new Medicare
Part D prescription drug premiums, health insurance supplements
to Medicare (Medigap) and out-of-pocket health care costs. CBS
MarketWatch reported on April 29, 2004 a 65 year-old couple
retiring in 2004 will pay an estimated $175,000 (after-tax) to
cover the projected out-of-pocket medical costs for the next 20
years. Long-term care costs add another $130,000 to this estimate.
The
Employee Benefit Research Institute (EBRI) developed a model
to estimate the savings an individual will need to fund either
employment-based health insurance premiums or Medigap premiums
and out-of-pocket expenses under various health care premium inflation
assumptions and different life expectancy assumptions. EBRI estimates
an individual at age 55 in 2003 with a life expectancy of age 80
with a projected 7% annual rate of increase in premium costs will
need to save $158,000 for post-retirement Medigap premiums plus
$98,000 for out-of-pocket expenses. Savings needed for premium
costs where an individual's life expectancy is 90 years old is
$297,000. Assuming a 14% rate of annual increases gradually decreasing
to 5% over 10 years yields a savings requirement at 65 of $169,000
and $289,000 for coverage to last until ages 80 and 90 respectively.
The model does not take into account long-term care premiums, which
will likely double the savings estimates, nor does it calculate
the cost of a spouse's coverage.
These brief illustrations demonstrate
how an individual will need access to significant savings to
ensure the continuation of access to health care services enjoyed
by the individual before retirement. Furthermore, that access to
savings is being eroded by employers who are reducing post-retirement
medical obligations in whatever fashion they can and by other employers
who refuse to adopt post-retirement medical programs in the first
instance. Moreover, the ability of employers to curtail post-employment
medical plan subsidies to post-65 retirees has been formally
approved by the Equal Employment Opportunity Commission.
AARP further
reinforces and advocates the importance and need for generating
savings earmarked for post-retirement health needs. In an address
delivered last April, William D. Novelli, AARP's CEO, stressed
the need to change the long-held retirement income model of the "three-legged stool" of Social Security, pensions
and savings in favor of "four pillars" consisting of Social Security,
continued earnings from work, pensions and personal savings, and
health insurance.
Some employers have established healthcare reimbursement
accounts (HRAs) for executives and employees as a source of funds
to pay healthcare costs during retirement. Unlike an open-ended
employer promise to provide healthcare coverage for life, an
HRA typically is a notional account that allows an employer and
employee to track dollars made available to the employee for health
benefits during retirement. HRAs are not Health Savings Accounts
enacted by the 2003 Medicare reform legislation.
In response to
the current crisis in funding retiree healthcare costs, the Golden Premium
Account® Plan has
been developed as a special purpose HRA program for executives
and other key employees. The accounts in the Golden Premium
Account® Plan are earmarked for health and/or long-term
care insurance needs and are delivered to the executive free
of income and payroll taxes while the employer gets a deduction
for its contribution to the plan.
A Golden Premium Account® is designed to fall under
ERISA's anti-alienation protection. However, the minimum participation,
funding and vesting requirements of ERISA or the Internal Revenue
Code do not apply. As a result of the lack of ERISA and IRS requirements,
the employer is able to custom-tailor a program to meet the employer's
needs and the individual needs of its executives. The scope of
the employee population that may receive a Golden Premium Account® is
neither subject to a minimum nor a maximum amount as the plan is
not subject to "top-hat" deferred compensation restrictions,
leaving the employer with the widest latitude to manage its own
liabilities while rewarding and motivating older employees at levels
it sees fit.
A properly designed Golden Premium Account® Plan serves
as an integral component of an executive's overall deferred compensation
strategy by maximizing the amount of tax-free dollars that will
be available to him to meet critical retirement expenses.
° Golden Premium Account® is a trademark of
Howard W. Hans hwhans@hotmail.com
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