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The S.O.L.A.R. Plan

The S.O.L.A.R. Plan. Disclosures.

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The S.O.L.A.R. Plan

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  1. The S.O.L.A.R. Plan

  2. Disclosures • The ING Life Companies and their agents and representatives do not give tax or legal advice. This information is general in nature and not comprehensive; the applicable laws change frequently and the strategies suggested may not be suitable for everyone. Each taxpayer should seek advice from his or her tax and legal advisors regarding their individual situation. • These materials are not intended to and cannot be used to avoid tax penalties; and they were prepared to support the promotion or marketing of the matter addressed in this document. Each taxpayer should seek advice from an independent tax advisor. • ING Indexed Universal Life - Global Plus (ING IUL-Global Plus), policy form series #1182-12/10 with an equity indexed feature, varies by state and may not be available in every state. It is issued by Security Life of Denver Insurance Company, a member of the ING family of companies. Not available in New York. The index cap and index participation rate are subject to change for new index blocks. All guarantees are based on the financial strength and claims paying ability of Security Life of Denver Insurance Company which is solely responsible for the obligations under its own policies. • Policy loans and withdrawals may reduce or eliminate index credits, generate an income tax liability, reduce available surrender value and reduce the death benefit, or cause the policy to lapse. Additionally, loans may limit the ability to make elections to the Indexed Strategy; if a loan results in amounts being deducted from a block prior to its block maturity date, no elections from the Fixed Strategy to the Indexed Strategy will be processed in the 36 months following the loan.

  3. Employees Are Facing Retirement Crisis “The key sources of income retirees are relying on are either under attack, in the case of Social Security, or disappearing, in the case of traditional pensions.” - Ross Eisenbrey, VP of Economic Policy Institute Source: “U.S. Retirement Deficit Reaches $6.6 Trillion,” Laura Bassett, Huffington Post (9/16/2010)

  4. Growing Retirement Deficit According to a study by Boston College’s Center for Retirement Research, the U.S. has a “Retirement Deficit” of $6.6 trillion. • Retirement Deficit is the gap between the retirement savings of U.S. households and what they need to have in order to maintain their living standards past retirement • The current Retirement Deficit is roughly five times the projected federal deficit for 2010 Source: “U.S. Retirement Deficit Reaches $6.6 Trillion,” Laura Bassett, Huffington Post (9/16/2010)

  5. Potential for Increasing Tax Rates • There is increasing concern that income tax rates will goup in the future • If Income Tax Rates Go Up, Net Spendable Amount Goes Down

  6. Emerging Focus for Employers Employers facing challenges in recruiting and retaining key talent • 52% of U.S. companies reported problems recruiting critical-skill employees (Towers Watson Global Talent Management and Rewards Survey, 2010)

  7. Emerging Focus for Employers • As the economy improves, key employees may search for better opportunities elsewhere • In a recent survey, 81% of employees said they would pursue new job opportunities as the economy improves * ”Heading off a resume tsunami,” Deloitte – 2009 ** Right Management Survey – November 2009

  8. Traditional Solutions – NQDC/SERP • Employers have traditionally used Deferred Compensation Plans to recruit, retain, and reward key employees • Many labels for the same concept: • Nonqualified deferred compensation (NQDC) • Supplemental executive retirement plan (SERP) • Corporate-Owned Life Insurance (COLI) • § 409A plan • Salary continuation • 401(k) Look Alike / 401(k) Mirror

  9. Traditional Solution – NQDC/SERP • Employer promises Key Employee future benefit (defined contribution or defined benefit) • Employer informally funds promise by purchasing life insurance policy on Key Employee • At retirement, or at death, Employee receives promised benefit from Employer • Arrangement is subject to IRC § 409A

  10. For Employers: “Golden Handcuffs” Control of Funding Asset Ability to Discriminate (i.e., offer benefits to select employees) Cost Recovery For Employees: Tax Deferral Supplemental Retirement Income Potential Benefits of NQDC/SERP Arrangements

  11. Employer No Current Tax Deduction Funding Risk Regulatory Restrictions Balance Sheet Risk Cost of Administration Complexity Employee Future Tax Uncertainty Exposure of Funding Asset Potential 20% Penalties No Portability No Flexibility Complexity Concerns with NQDC Paradigm

  12. Key Question If there were a way to potentially provide a Key Employee with the same net benefit amount and eliminate the risks and concerns we’ve just discussed, would you be interested?

  13. S.O.L.A.R. Insurance Arrangements • Self-Owned Life And Retirement (S.O.L.A.R.) InsuranceArrangement funded with ING Indexed Universal Life – Global Plus(ING IUL-Global Plus) Life Insurance • An arrangement where Employee purchases an ING IUL-Global Plus policy for death benefit protection and as a potential source of retirement income. • Premium payments may be provided by Employer as a tool to Recruit, Reward, and Retain key talent • Select Loan feature available to help Employee pay income taxes due on funds used to pay premiums * A portion of the policy’s surrender value may be available as a source of supplemental retirement income through policy loans and withdrawals. Income tax free policy distributions may be achieved by policy loans or withdrawing to the cost basis (usually premiums paid). This assumes the policy qualifies as life insurance, is not a modified endowment contract and is not lapsed or surrendered with an outstanding loan. Select Loans have the risk that policy performance may be lower than projected if the amount credited to the account value in the Fixed Strategy and/or Indexed Strategy is less than the fixed 6% interest charged on the policy loan. Detailed additional information about policy loans is located in the policy form and any personal policy illustration.

  14. NQDC No Current Tax Deduction Funding Risk Regulatory Restrictions Balance Sheet Risk Cost of Administration Complexity S.O.L.A.R. Insurance Arrangement potential benefits Current Tax Deduction (if reasonable compensation) Generally No Future Funding Obligations Not Subject to §§ 409A or 101(j) No Balance Sheet Impact Little or No Administration Simple Arrangement Addressing Employer Concerns

  15. NQDC Future Tax Uncertainty Exposure of Funding Asset Potential 20% Penalties No Portability No Flexibility Complexity S.O.L.A.R. Insurance Arrangement potential benefits Taxes Paid at Today’s Rates Not Subject to Employer Creditors Not subject to § 409A Executive Owns Policy Executive Determines How to Use Policy Simple Arrangement Addressing Employee Concerns

  16. Potential Disadvantages of S.O.L.A.R. Insurance Arrangements For Employers: No Control of Funding Asset No Cost Recovery For Employees: No Tax Deferral 17

  17. Q U E S T I O N S ?

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