Fixed annuity

A fixed annuity is an insurance contract that pays a fixed rate of interest for a "set term", usually ranging from one to ten years. After the set term, a new fixed rate is offered for the next term. One popular form of a fixed annuity is a "multi-year guaranteed annuity", or "MYGA", also referred to as a "CD annuity".

A fixed annuity has two main phases, the accumulation phase in which you invest money into the annuity, and the income phase in which the annuity may be converted into income and payments are received. Earnings within the contract are tax deferred, and are taxed upon withdrawal at income tax rates (similar to qualified retirement plans) and share with these plans the 10% early penalty tax for withdrawals made prior to age 59 and 1/2.

If the annuity is held within a retirement plan it is known as a "qualified" annuity. As with any other qualified plan, distributions from a qualified annuity are totally taxable. However, exchanges to another qualified annuity, or transfers to another qualified account (such as an IRA) may be made without generating current taxable income.

If the annuity is purchased in the taxable account it is known as a "non-qualified" annuity and only the earnings are subject to tax. There are no minimum distribution requirements if the annuity is non-qualified. Withdrawals are taxed on an income first, basis last principle. A policyholder may defer the income tax on a withdrawal by executing a "1035 exchange" to another non-qualified annuity contract, either with the same insurance company or a different one.

The investment in a fixed annuity is backed by an insurance company's general account and is thus dependent on the claims paying solvency of the insurer. A fixed annuity is not considered an investment security, so it is not regulated by the SEC and there is no prospectus for the contract.

Surrender and market value adjustment fees
A fixed deferred annuity does not have an expense ratio. The expenses of administering and distributing the contract (including sales commissions to agents who sell annuities) are reflected in the interest rate offered to annuity buyers.

Almost all fixed annuities have an additional surrender charge on distributions made before the set term ends. These charges usually decline gradually over the term of contract, reaching 0% when the set term expires. Renewing a contract by rolling it over to a new set term resets the surrender fee over the succeeding term. In addition, many fixed annuities have a market value adjustment (MVA) feature, which acts to adjust the surrender value for withdrawals before the set term expires. In general, the MVA will reduce the surrender value if interest rates have risen between the time of purchase and the time of surrender, and decrease the surrender value if interest rates have declined.

Most fixed annuities have a free partial withdrawal privilege, usually either interest earnings or 10% of the account balance per year.

Bonus interest rate
Some fixed deferred annuities, in a marketing ploy, offer enhanced "bonus" interest rates during the first year of an annuity's term. Invariably, the interest rate drops, sometimes considerably, over the remainder of the set term.

The income phase
When it comes time for you to take income from your annuity, you have the choice of making periodic or lump sum withdrawals from your annuity or opting to annuitize the contract.

Withdrawals
You can usually draw a partial withdrawal, without the imposition of a surrender fee, during a fixed annuity's set term, and a full withdrawal when the set term ends. Withdrawals are on an income first, principal last basis. Withdrawals made prior to age 59 and 1/2 are subject to the 10% federal early withdrawal penalty tax on interest earned.

Annuitization
Fixed deferred annuities may offer a number of income options (fixed, graded, and inflation adjusted) as well as a wide assortment of annuity payout options. See Immediate Fixed Annuity - SPIA for details on income options and tax considerations.

Distributions upon the death of the owner
A surviving non-spouse joint owner or beneficiary of a non-qualified fixed annuity must select one of the following distribution options for a fixed annuity inherited during the accumulation phase of the contract:
 * immediate lump sum;
 * according to the five-year rule with complete withdrawal(s) within 5 years of the contract owner's death;
 * annuitization (over the life of the new owner) to start within one year of the contract owner's death.

A spousal co-owner or beneficiary has the option of assuming the fixed annuity as his or her own.

Some annuities pay out the full accumulated value upon the death of the annuitant, while others pay out the surrender value. If an annuity pays out the surrender value upon death, the insurance company may offer a rider (for an additional fee) that waives the surrender charge at death.

The income over basis in a fixed annuity is considered income in respect of a decedent (IRD). This means that the increase in value inside a deferred fixed annuity does not receive stepped up valuation upon the death of the contract owner. The beneficiary assumes both the decedent's basis in the annuity, as well as the same tax character of the income. Should a decedent's estate pay estate tax, the portion of the tax attributable to the estate's IRD is deductible as a miscellaneous itemized deduction (not subject to the 2% AGI exclusion) to the beneficiary receiving the IRD. The deduction is figured by computing the estate tax due on the entire estate and then computing the estate tax due on the estate minus all IRD. The difference between the two provides the deductible amount. The deduction is realized on the IRD as the IRD is paid out to the beneficiary.

The beneficiary's right to income after the death of the annuitant during the annuitization phase of a fixed annuity will depend on the annuitization option selected (single life, joint life, fixed term, or the selection of a guaranteed period or refund option).

Credit ratings and State Guaranty Funds
The return of principal and interest from a fixed annuity is subject to the creditworthiness of the insurer. You should consider the credit rating of the insurance company when purchasing a deferred fixed annuity. The five insurance rating firms are:


 * A.M. Best
 * Fitch Ratings
 * Standard & Poor's
 * Moody's
 * Weiss Ratings

In case of insurer default, your State Guaranty Fund will attempt to either find a replacement insurer for your contract, or will offer insurance on a given amount of annuity investment. State guaranty fund limits vary. The following links provide information on state guaranty limits, as well as what happens as a consequence of an insurance company failure.


 * State Guaranty Funds
 * NOLHGA:What Happens When An Insurance Company Fails

Articles

 * A Forbes.com tutorial series by forum member Mel Lindauer:
 * Annuities: Good, Bad Or Ugly?
 * How To Cut The Cost Of A Variable Annuity
 * For Some Retirees, This Annuity Makes Sense
 * The Truth About Equity-Indexed Annuities
 * Variable Annuities Don't Belong In Retirement Plans
 * Fixed Deferred Annuities: CDs With Gotchas