Life Insurance in Defined Benefit Plans Continuing Education July 2008

1. Life Insurance in Defined Benefit PlansContinuing EducationJuly 2008 OLA 1902 0708

2. This material was not intended or written to be used, and cannot be used, to avoid penalties imposed under the Internal Revenue Code. This material was written to support the promotion or marketing of the products, services, and/or concepts addressed in this material. Anyone to whom this material is promoted, marketed, or recommended should be urged to consult with and rely solely on their own independent advisors regarding their particular situation and the concepts presented here.

3. What Is a Qualified Retirement Plan? • Provides retirement benefits • Must meet specific IRC requirements • Qualifies for tax-favored treatment • Deductible contributions • Tax-deferred growth • Plan cannot discriminate

4. Qualified Plan Comparison

5. Why Are Defined Benefit Plans Popular Again? • Favorable pension reform: EGTRRA 2001 • Compensation/contribution limit increases • No family aggregation • Pension Protection Act of 2006 • Deductibility limits for contributions to both defined contribution and defined benefit plans (covered by the PBGC) sponsored by the same employer repealed effective 1/1/2008 • Transitional relief provided

6. EGTRRA Increases Compensation and Benefit Limitations Defined Benefit Plan

7. Traditional DB Plans vs. 412(e)(3) Plans • Both are defined benefit plans • Similar client profiles • Large tax-deductible contributions • Differences: • Investment flexibility vs. product guarantees • Minimum funding standard • “Actuarial Certification”

8. What Is a “Split-Funded” Defined Benefit Plan? • A traditional defined benefit planthat includes both: • Investment options • Life insurance

9. What About the Plan Benefit Options? • Taken as retirement distributions • IRA rollover • Rollover to another qualified plan

10. Types of Investments • Stocks • Bonds • Mutual funds • Annuities (fixed or variable)

11. Types of Life Insurance Used • Whole Life • Term • Universal life • Variable universal life • No definite ruling on VUL use in DB plan

12. How Much Life Insurance Can Be Used? • Incidental benefit limitations • 100 times test • 50% of annual contribution for whole life • 25% of annual contribution for universal life or term • Defined contribution plans • “Seasoned money” • Potentially, all employer funds that have been in the plan over two years can be used to purchase life insurance

13. Why Buy Life Insurance Inside Qualified Plan? • Self-completion • Pre-tax dollars • Portability

14. What if Life Insurance Is Still Neededat Retirement? • Receive policy as plan distribution • Purchase policy from the plan • Roll policy to profit-sharing plan • New plan must allow for the purchase of life insurance

15. Tax Implications • Employer contribution is tax-deductible • Death benefit in excess of cash value is received federal income tax–free • Participant recognizes economic benefit • Generally, policy proceeds are includable in the gross estate

16. Valuing the Life Insurance Policy • Rev. Proc. 2005-25 • Guidance on fair market value • Two safe harbor formulas

17. Who Might Benefit from a Split-funded DB Plan? Ideal candidates include: • Highly paid business owners • Companies with few or no employees • Companies with many employees and multiple owners/partners • Companies with existing 401(k)/profit-sharing plans

18. Role of the Third-Party Administrator • Develops suitable defined benefit plan proposal • Assists in preparation of plan documents • Performs annual administration • Calculates plan contributions (including Actuarial Certification) • Prepares required reports • Handles distributions • Performs incidental benefits testing

19. Hypothetical Example #1: Surgical Practice • Doctor – $700k salary • Wife – $100k salary • 10 employees - $627k total salary • Existing Profit-Sharing Plan: • Doctor – $45k contribution • Wife – $25k contribution • 10 Employees - $151k contribution • PROBLEM: The employee cost is twice that of the owner

20. Example #1 (continued) • Solution: • Layer “split-funded” defined benefit plan on top of profit-sharing plan • New contributions: • Doctor: $256k • Wife: $92k • 10 Employees: $151k – NO CHANGE • $125k of contribution used to purchase Life Insurance Calculations provided by Pension Quote

21. Example #1 (continued) • How? • Comparability Testing • Performed by TPA actuaries • 25% of salary for 10 employees was already being contributed • Percentage of salary required for contributions on behalf of rank and file employees can be different within limits Calculations provided by Pension Quote

22. Example #2: Legal Eagle • Multi-partner law firm: • 24 partners • 30 associates • 108 staff • Total contribution to existing profit-sharing/401(k) plan: $1,712,000 • Total contributions for associates/staff: $632,000 (8% of company’s associates/staff payroll) • Total contributions for partners: $1,080,000 • 63% of total contribution benefits the partners Calculations provided by Pension Quote

23. Example # 2 (continued) • Solution: • Layer “split-funded” DB plan on existing plan • New contributions: • Partners: $3,552,000… $2,472,000 increase • Employee contribution $632,000… no increase

24. Split-Funded DB Plans—Summary • Retirement income • Life insurance protection • Large tax-deductible contributions • Customizable

25. Transamerica Insurance & Investment Group (“Transamerica”) and its representatives do not give tax or legal advice. This presentation is for informational purposes only and should not be construed as tax or legal advice. Clients and other interested parties must be urged to consult with and rely solely on their own independent advisors regarding the information and interpretations contained herein. The information presented here does not take into consideration the applicable state laws of clients and prospects. Although care has been taken in preparing this material and presenting it accurately, Transamerica disclaims any implied or actual warranties as to the accuracy of any material contained herein and any liability with respect to it. The information in this presentation is current as of July 2008. Transamerica Insurance & Investment Group is registered with the National Association of State Boards of Accountancy (NASBA) as a sponsor of continuing professional education on the National Registry of CPE Sponsors. State boards of accountancy have final authority on the acceptance of individual courses for CPE credit. Complaints regarding registered sponsors may be addressed to the National Registry of CPE Sponsors, 150 Fourth Avenue North, Nashville, TN 37219-2417. Telephone: 615.880.4200. Web site: www.nasba.org. In the state of New York, Transamerica Occidental Life Insurance Company is an approved provider of continuing education courses (Provider Organization Approval Number NYPO-100366).

26. Life Insurance in Defined Benefit PlansContinuing EducationJuly 2008 OLA 1902 0708 For producer use only. Not for distribution to the public.