Module 10 - Marketing a Group Insurance Plan Flashcards

1
Q

Describe the marketing process in the context of group insurance

A

In the context of group insurance, marketing is a process through which a potential or current plan sponsor or its advisor solicits proposals or bids from insurers for the purpose of implementing a new or modified group benefits plan or to determine whether the costs and services of its current plan are competitive. A plan sponsor can market a group benefits plan either directly or through an intermediary.

When marketing directly, the plan sponsor deals directly with insurers, typically their account executives. When marketing through an intermediary (who deals directly with the insurer), a plan sponsor can use an agent, broker or consultant, collectively referred to as “advisors.”

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2
Q

Identify factors considered by a plan sponsor when choosing an insurer to underwrite and/or administer its group benefits plan.

A

Plans can differ significantly by insurer in level of coverage provided, premium rates charged, retention expenses, level of technology in the service offering and method of underwriting. Administrative considerations and provider characteristics also influence the selection of insurer.

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3
Q

Outline reasons why a plan sponsor might decide to market their benefits plan.

A

The following are common reasons that a plan sponsor might choose to market a plan:

a) To stay current with changes in the competitive environment, i.e., to access more competitive premium rates, new relevant products or technology

b) To address concerns with its current insurer, its product line or service level

c) For internal (plan sponsor/organizational) reasons (e.g., a change in business structure or benefits budget reductions)

d) In response to an advisor’s recommendation for reasons such as those outlined above.

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4
Q

State the general rule regarding how often a group benefits plan should be marketed

A

As a general rule, a group benefits plan should be marketed no more than once every three years. Ideally, small- to midsized plans, i.e., covering fewer than 500 individuals should be marketed every three to five years. Larger plans are marketed less frequently (typically, every five to seven years) because they have more services and greater flexibility to make ongoing plan design and funding changes.

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5
Q

Briefly describe how agents, brokers and consultants operate in the intermediary role in the group benefits plan market.

A

Historically, an agent sold the products of only one insurer, referred to as the agent’s primary sponsoring company. This type of agent is known as a captive agent. Today, many agents sell the products of more than one insurer. Agents are compensated with commissions paid by the insurer whose products they sell. Commission rates are incorporated into the premium rates insurers charge plan sponsors for coverage of a benefit.

A broker/consultant is an individual or company that represents a plan sponsor’s interest with respect to its group benefits plan and does not have an exclusive relationship with any one insurer. Traditionally, brokers dealt primarily with smaller or specialty groups while consultants dealt with larger, more complex groups requiring customized benefits plans. Today, both these intermediaries operate in similar ways, although there are still a few distinctions. For example, brokers are normally compensated through commissions. Consultants are compensated on a fee-for-service (FFS) basis or through commissions as agreed with the client. A consultant’s commission can be either a straight commission or commission offset, i.e., commissions accepted are applied as an offset against their fees.

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6
Q

Briefly describe the high-low, level and flat percentage approaches to determining commissions for agents, brokers and consultants.

A

(a) High-low: Higher commission rates are paid in the first year of a plan to reflect the higher level of activity required of the agent and the significantly lower rates paid in subsequent years as less maintenance is required. This scale does not provide financial incentive to the agent to continue the same service levels after the first year of the plan.

(b) Level: The same commission rates are paid each year the plan is in force. This scale provides more incentive for the agent to service and retain the plan sponsor’s business. The commission schedule can be tiered on a declining scale based on total premium.

(c) Flat percentage: Commission rates are a flat percentage (e.g., 2% of annual premium or premium equivalents).

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7
Q

Identify the role of the insurers’ account executives in the marketing of group insurance.

A

The insurers’ account executives help facilitate the presale activities typically undertaken by a team of staff who focus on acquiring new business (an insurer’s new-business team). Account executives can lead or be part of the team. Presale activities may include obtaining information necessary for preparing a quote, reviewing the proposed benefits plan design, performing preliminary risk and organizational fit assessments, and preparing and presenting proposals. Once the plan is sold, account executives and the new-business team from the successful insurer have a significant role in postsale activities, including enrollment and installation of the plan.

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8
Q

Briefly describe the negotiated placement, open bidding and closed bidding methods of marketing.

A

With a negotiated placement, the advisor and/or plan sponsor conduct preliminary interviews of insurers to narrow the selection to a limited number of insurers. Once potential insurers are identified, each submits a brief report highlighting its general strategy, philosophy and proposed group benefits plan (or confirms its ability to provide the plan approach requested by the plan sponsor). Based on these reports, the advisor and/or plan sponsor choose a single insurer to provide details of the group benefits plan for negotiations and finalization. Alternatively, based on their understanding of the plan sponsor’s needs, expertise and knowledge of the marketplace, an advisor may recommend insurers to the plan sponsor without conducting the interviews.

Under the open bidding method, a public announcement is made through a request for proposal (RFP) to all eligible insurers.

With closed bidding, the plan sponsor prescreens potential participants and selects specific insurers before doing actual marketing. The screening may be done with or without the assistance of an advisor through interviews or a short questionnaire. An advisor can also recommend insurers to invite based on their expertise and knowledge of the marketplace. Each of the resulting closed group of insurers receives a detailed RFP.

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9
Q

Describe factors that influence a plan sponsor’s choice of method for marketing its group insurance plan.

A

The plan sponsor’s choice of method is influenced by many factors, including the size of the plan sponsor, the size of the group, the complexity of the plan and any procurement requirements of the plan sponsor’s organization.

Negotiated placement is typically used when a plan sponsor has specialized needs that only a few insurers meet, as it becomes a relatively simple process of elimination for the advisor to select the best insurer for the plan sponsor. A plan sponsor’s budget and/or timing constraints might also prompt use of this process. The downside to this approach is that without external competition, it is difficult to assess the competitiveness of any one proposal. Furthermore, the agreement negotiated reflects the advisor’s and/or plan sponsor’s negotiating strategies and capabilities.

The advantage of open bidding is that the plan sponsor has the most choice and likely receives the most competitive bids possible. The downside is that reviewing and analyzing each submitted proposal is a time-consuming and costly process and often involves a review of submissions that are clearly not competitive. Further, some qualified insurers may decline to bid merely because of the number of competitors. This method is most frequently used where a plan sponsor’s procurement process requires it.

Closed bidding is the middle-of-the-road approach, as it offers less choice than open bidding but requires more time and costs than negotiated placement. Smaller organizations (which make up most companies in Canada) tend to use closed bidding, making it the more common process.

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10
Q

Assuming the marketing is being done through an advisor, outline the presale activities entailed in the marketing of a group insurance plan and the parties responsible for each.

A

Presale activities (to select an insurer) include:

(a) Identifying prospective insurers (advisor)

(b) Preparing and releasing the request for proposal (RFP) (plan sponsor/advisor)

(c) Deciding to quote or not to quote (insurer)

(d) Preparing and submitting the proposal (insurer)

(e) Analyzing the proposals (plan sponsor/advisor)

(f) Holding finalist meetings (plan sponsor/advisor) and/or making a final decision (plan sponsor).

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11
Q

Assuming the marketing is being done through an advisor, outline the steps taken by the advisor (in conjunction with the plan sponsor) in preparing an RFP when marketing a group benefits plan.

A

The steps the advisor takes, in conjunction with the plan sponsor, in preparing the RFP are:

(a) Obtaining information and documents, including relevant information on the plan sponsor, current benefits, alternative plan designs, underwriting and administration arrangements, experience and rate history, and plan member data

(b) Compiling a questionnaire to gather additional information, including the insurer’s administration capability, underwriting guidelines and financial position

(c) Including advisor-specific information to confirm the advisor is authorized to conduct the plan marketing on behalf of the plan sponsor

(d) Preparing a cover letter for the RFP outlining proposal deadlines and providing contact information for questions

(e) Releasing the RFP to selected insurers

(f) Disseminating additional required information that might be requested by insurers.

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12
Q

Outline the plan member data typically provided in the RFP for marketing a group benefits plan.

A

Plan member data typically provided in the RFP includes:

(a) Identification number

(b) Age or date of birth

(c) Sex

(d) Province/territory of residence

(e) Dependent coverage election, if any

(f) Occupation or class

(g) Coverage amount

(h) Earnings (if any benefit is based on earnings)

(i) Date of employment.

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13
Q

Outline factors insurers consider when deciding whether to quote on a request for proposal (RFP) for the marketing of a group benefits plan.

A

Factors insurers consider in deciding whether to quote include:

(a) Risk associated with the plan sponsor and its group benefits plan

(b) Completeness of the RFP and whether it allows for a proper assessment of risk

(c) Reasons for marketing

(d) Whether the advisor requesting the quote is the incumbent advisor

(e) Competitiveness of the current premium rate levels

(f) Ability to match the current or requested plan design

(g) Ability to meet any special needs of the client

(h) Viability of spinning off benefits where only certain benefits (of those being marketed) are attractive to the insurer

(i) Acceptability of providing a proposal on an uninsured basis where the risk is unwanted

(j) Capability to meet requested administrative, claims and reporting requirements

(k) Timing constraints (proposal deadline) and resources available

(l) Current insurers and potential competitors.

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14
Q

Outline information insurers generally include in proposals submitted in response to an RFP for a group benefits plan.

A

Most insurers include the following information in their proposals:

(a) Detailed description of deviations from the RFP specifications, if any

(b) Description of the individuals eligible for coverage under the plan

(c) Description of each benefit to be provided and a schedule of benefits (a summary of benefit amounts, maximums, duration, coinsurance, deductible, etc.)

(d) Schedule of the monthly premium rates for each benefit offered and for alternate benefits, if any

(e) Description of how renewal rates, reserves and interest debits/credits are calculated (for experience-rated plans only). Expense information is included for both refund and ASO plans.

(f) Any underwriting assumptions and/or conditions, such as the period of time the quotation is valid as well as premium rate and retention guarantees

(g) Response to the questionnaire in the RFP, if any

(h) Details of servicing the plan, such as the assigned service team and its location

(i) General information about the insurer, including its financial strength, products and services.

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15
Q

Describe criteria used by the plan sponsor and/or advisor to assess the financial competitiveness of proposals received in response to a request for proposal (RFP) for a group benefits plan.

A

The financial competitiveness of proposals can be assessed based on the net cost. Information about the cost of the plan (such as premium rates, retention expenses, pooling charges, reserve levels and the interest crediting basis) facilitates comparisons of the insurer’s cost and competitiveness.

For insured nonrefund accounting benefits (fully pooled or prospectively rated) where the plan sponsor does not assume financial accountability for plan surpluses or deficits, the premium represents the net cost of the benefits. Comparison of quoted premium levels is the most significant component of the financial competitiveness analysis.

For refund accounting benefits where the plan sponsor shares in the plan surplus or deficit, the analysis focuses on reserve and retention levels rather than premium rate levels. For refund accounting benefits, the true (or net) cost is equal to the claims costs (paid claims plus the change in reserves) plus retention, interest credits/debits on reserves and cash flow. Note that the paid claims amount in the equation is the same for each insurer.

Retention cost is analyzed for level and basis of these charges to ensure that comparisons are made on a consistent basis. When comparing retention levels, advisors typically use a fixed set of assumptions, such as common expected claims levels, number of plan members or number of claims.

The interest crediting basis and corresponding interest rates used to credit or debit interest on reserves, cash flow, deposit accounts, surpluses and deficits are also considered. Although interest credits/debits do not make up a significant portion of the benefit cost relative to reserves and retention, they affect the cost.

For prospectively rated/experience-rated benefits, renewal premium rates are based in full or in part on the plan’s experience. Advisors evaluate the experience to ensure that quoted rates will generate adequate premiums to cover the plan’s expected claims and expenses. Since the guarantee periods for premium rates can vary between insurers, a three-year analysis is often used to illustrate the financial position to determine the true relative financial competitiveness of the quotations.

If the rates include commissions, quoted premium rates are checked to ensure all rates include the same commission level.

An additional check is made to determine that quoted premium rates are based on the same benefit levels, account structure or classes (e.g., executive, hourly, etc.) administration and underwriting bases.

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16
Q

Outline qualitative and quantitative criteria plan sponsors and/or advisors consider when evaluating insurers’ proposals submitted in response to an RFP for a group benefits plan.

A

Qualitative criteria evaluate:

(a) Insurer’s ability to provide the requested benefits and services

(b) Reputation of the insurer and its ability to underwrite the benefits as requested based on ratings of the insurer’s claims-paying ability and general solvency

(c) Insurer’s ability to produce reports and provide other services, including administration systems and plan communication materials

(d) Completeness of the insurer’s proposal, including responses to the questionnaire

(e) Insurer’s promptness in submitting the proposal by the due date

(f) Quality of the proposal.

Quantitative criteria evaluate:

(a) Competitiveness of the insurer’s premium rates, retention and reserve levels as well as the interest crediting basis

(b) Premium rate and retention guarantees offered by the insurer

(c) Nonevidence and overall benefit maximums required by the insurer

(d) Insurer’s quoted rates for both current and alternative plans.

17
Q

Describe the typical components of a marketing report prepared by the advisor to present to the plan sponsor.

A

Typical components of a marketing report prepared by the advisor include:

(a) An introduction reiterating the reasons for marketing the group benefits plan, as well as financial objectives and any constraints/limitations such as budgetary constraints and risk tolerance

(b) A commentary on the group benefits plan, identifying gaps in the operation of the current plan and how the marketing attempts to bridge these gaps

(c) The market sources, listing insurers invited to participate in the marketing and those that declined to quote and why

(d) A summary of the results of the qualitative and quantitative analyses, usually prepared in a matrix format to facilitate ranking by criterion

(e) Highlights of each proposal summarizing each insurer’s strengths and weaknesses as well as its ability to address the reasons for marketing, provide the requested benefits, and meet underwriting and administrative requirements as well as any perceived gaps

(f) Recommendations specifying which insurer(s) will best serve the plan sponsor’s and group benefits plan’s needs.

18
Q

Describe key questions an insurer’s account executive/new-business team should be prepared to address in a finalist presentation with respect to an RFP for a group benefits plan.

A

(a) Insurer issues: If the incumbent is on the shortlist despite certain service concerns, what is it doing to rectify the situation and within what timeframe?

(b) Group contract: Does the insurer make contract changes unilaterally? Will the insurer modify contract wording if needed to meet the plan sponsor’s needs?

(c) Implementation and administration: What type of implementation tools and support does the insurer offer? What type of premium administration does the insurer offer? Does the insurer have premium administration software and/or online administration services? What assistance is provided during the installation and maintenance phases? What plan member self-service options are available?

(d) Communications and reporting: Can the insurer produce special claims reports if required? What are the costs for this? What plan communication material does the insurer provide during plan installation?

19
Q

Outline postsale activities completed in the marketing of a group benefits plan.

A

Activities completed in the postsale phase of marketing prior to the installation of the plan include:

(a) Insurer drafts a master application (and mapping documents if required) for review by the plan sponsor/advisor. Mapping documents record the details of how the particular benefit will operate, generally provide more detail than the master application and assist with the insurer’s system programming for the benefits.

(b) Plan sponsor completes and submits the master application and binder cheque (payment for the estimated first month of premium) to the insurer

(c) Plan is communicated to group members (may involve insurer, plan sponsor and advisor as circumstances dictate)

(d) Plan sponsor enrolls individuals, typically with assistance from the insurer

(e) Insurer prepares and issues group documents

(f) Ongoing service relationships are established

(g) Following plan installation, administration starts.

20
Q

Explain the role of the master application in a group insurance contract.

A

The master application is a formal request for group insurance coverage by a prospective contract holder. The application initiates the procedures necessary to put the plan into effect. The insurer prepares the master application on the basis of the proposal, any negotiated changes and the current group documents. Once the application has been reviewed by the advisor and/or approved and signed by the plan sponsor, it is returned to the insurer together with the binder cheque for the first month’s estimated premium.

21
Q

Describe how a plan sponsor provides notice of termination to an outgoing insurer.

A

When the new insurer confirms the coverage, either through an acceptance letter assuming the risk or approval of the master application, the plan sponsor terminates its current plan in accordance with contractual requirements. The plan sponsor should not terminate coverage before securing approval of coverage with the new insurer. When terminating its current plan, the plan sponsor provides the old insurer with a list of group members who are not actively at work due to disability, with an updated list provided closer to the new plan’s effective date.

22
Q

Explain the relevance of the Canadian Life and Health Insurance Association (CLHIA) guidelines with respect to the continuation of a disabled member’s coverage upon change of insurer and protection of plan members not at work at the time of the change.

A

The CLHIA has guidelines on continuation of a disabled member’s life insurance or disability insurance following contract termination to protect disabled plan members. The current insurer must continue life insurance benefits with a waiver of premium provision for plan members who are considered “disabled,” according to the definition of disability included in the contract at the time of termination, as though the group contract were in force. Similarly, provided the reporting requirements are met, the current insurer must continue disability benefits for plan members who are considered “disabled,” according to the definition of total disability included in the contract at the time of termination, as though the group contract were in force. The contract document also generally states these provisions.

CLHIA also has change-of-insurer guidelines to protect a plan member from loss of coverage or benefits simply because they were not actively at work at the time of the insurer change. These guidelines do not apply to any changes in the coverage or benefits as a result of plan design changes reflected in the replacing contract made at the request of or with the agreement of the plan sponsor.

23
Q

Explain the role of the group contract.

A

The group contract (also referred to as the master contract or policy) is a legally binding document outlining the insurance arrangement between the insurer and the group contract holder. It describes the benefits provided under the contract and the terms and conditions under which these benefits are provided, such as:

(a) Type and level of coverage provided

(b) Insuring provisions (e.g., definitions, eligibility requirements, commencement and termination of insurance)

(c) Benefit provisions (e.g., waiver of premium, definition of disability, qualifying period, benefit period, offsets, eligible expenses, exclusions and limitations)

(d) Claims provisions

(e) Premium provisions

(f) General provisions (e.g., conformity to legislation and disclosure provisions).

The master application is attached to and forms part of the group contract.

24
Q

Describe the role of the financial agreement and explain whether it is required for self-insured plans with an administrative services only (ASO) arrangement.

A

For refund accounting plans, the insurer drafts a financial agreement, sometimes called a financial letter of agreement or an underwriting agreement, to outline the terms and conditions of the underwriting basis. The purpose of this agreement is to formalize the financial terms of the contract. It usually includes the underwriting basis; reserve requirements; expense levels; pooling thresholds and charges (where required); the procedure for preparing the renewal rating; and the formula for preparing the annual financial accounting, including the cross rating of benefits, allocation of surplus, recovery of deficits and calculation of interest credits and charges.

For self-insured plans with an ASO arrangement, an ASO agreement normally outlines all financial terms and conditions. In addition to the financial terms, the ASO agreement normally includes an overview, a summary of benefits and definitions as well as eligibility, commencement/termination and benefit provisions.

25
Q

Explain the relationship among the plan sponsor, the advisor and the insurer after the installation of a group benefits plan has been completed.

A

The installation of the group benefits plan is the beginning of the relationship among the plan sponsor, the advisor and the insurer. It is important for the account executive to ensure that the overall operation of the plan runs smoothly. Following the installation of the group benefits plan, some insurers pass the responsibility for plan management from the new business account executive to an in-force client account executive (also referred to as a client service representative). In other words, when the plan’s status shifts from new to existing business, it primarily becomes the responsibility of the insurer’s service team. The service team must establish rapport with both the plan sponsor and the advisor. Similarly, the advisor should contact the plan regularly to check on the status of the plan and resolve any issues before they escalate.

26
Q

Describe the intent of Canadian Life and Health Insurance Association (CLHIA) Reference Document: The Approach: Serving the Client Through Needs-Based Sales Practices

A

The Canadian Council of Insurance Regulators (CCIR) and the Canadian Insurance Services Regulators’ Organization (CISRO) endorsed three principles for managing conflicts of interest that might arise in the sale of life and health insurance products. These are:

(1) The interests of the consumer must be placed ahead of those of the advisor

(2) Actual and potential conflicts of interest must be disclosed

(3) The recommended product must be suitable to the needs of the consumer.

CLHIA Reference Document: The Approach: Serving the Client Through Needs-Based Sales Practices is an industry-developed description of sales practices that specifically addresses the third principle endorsed by CCIR and CISRO that recommends that insurance products must be suitable to the needs of the consumer. This document describes generally accepted sales practices within the life and health insurance industry.

27
Q

Outline the seven supporting elements required to ensure that a recommended product or service is appropriate for the needs of the consumer as determined by a needs-based assessment.

A

(1) Disclosure to client: The consumer should be provided with information about the range of products and services the advisor can sell.

(2) Client expectations: The advisor and the client should have a common understanding about services the client expects the advisor will provide in the immediate transaction and ongoing relationship. The advisor should advise the client about any changes that may affect this relationship.

(3) Fact finding: Where product recommendations or professional advice are sought by the client, the advisor should obtain information about the client as is reasonable in the circumstances.

(4) Needs assessment: Based on the facts and information obtained from the client, advisors should identify the client’s life insurance need. The extent of the assessment varies according to the product and circumstance.

(5) Recommendations and advice: Insurance product recommendations and professional advice should address a client need given the circumstances at the time of the sale.

(6) Reasons why: Clients should have a written explanation of the recommendation.

(7) Product information: The client should be informed about options available through the advisor and provided with information about the products the advisor recommends.

28
Q

Provide reasons why CLHIA recommends that advisors document how they reached their client recommendation.

A

There are a number of reasons why documentation is recommended. Many advisors find that the effort pays off in assisting them in providing better service to their clients, and this can lead to increased sales. If manufacturers received a complaint from a client, they will ask to see this documentation. As well, the regulators have indicated that they intend to monitor compliance with their principles. If the regulators are investigating a complaint from a client, they will look for evidence that the advisor followed this approach. More generally, if an advisor is ever involved in a client dispute, such documentation can be most helpful in their defense.

29
Q

Describe the intent of CLHIA Reference Document: Advisor Disclosure.

A

To make an informed decision, when a plan sponsor, as a consumer, is considering the purchase of a life or health insurance product, it is important that they have good information about the product, how it meets their needs, the company offering the product, and the advisor and the advisor’s business relationships. According to CLHIA, disclosure about the advisor in several key areas should be given to the client, in writing, prior to the sales transaction. In addition, regardless of what disclosure is made or how it is made, advisors should have documentation in their client files that provides evidence that the appropriate disclosure has been made—The objective is to provide plan sponsors with good and meaningful disclosure.

30
Q

Identify the key items that CLHIA recommends be disclosed by advisors to consumers prior to the sales transaction to achieve meaningful disclosure.

A

For meaningful disclosure, CLHIA recommends disclosing information about:

(a) Licenses held, in which jurisdiction they are held, and the firms products are distributed through

(b) The company(ies) the advisor represents

(c) The nature of the advisor’s relationships with the company(ies) represented

(d) How the advisor is compensated

(e) Whether the advisor may be eligible for additional compensation (cash or nonmonetary, such as conferences/travel incentives) based on other factors (e.g., the volume of business placed in a specific time period)

(f) Any conflicts of interest that may influence the advice given to the plan sponsor

(g) Confirmation of the consumer’s right to ask for more information (e.g., about qualifications, business relationships, etc.)

31
Q

Provide examples of the type of information an advisor should disclose to a plan sponsor prior to the sales transaction regarding the nature of the advisor’s relationship with the insurer(s) providing the product or service.

A

Examples of information an advisor should disclose regarding the nature of the advisor’s relationship with the insurer(s) include:

(a) What the plan sponsor as a consumer needs to know about the advisor’s relationship to understand whether there are factors that may influence the advice given

(b) Whether the advisor deals exclusively with one company

(c) Any ownership interests the insurer has in the agency the advisor works for (that the advisor is aware of)

(d) Any ownership interests the advisor has in an insurer if that ownership interest is above a 10% threshold

(e) Any other factors in the business relationship that are germane to the consumer’s understanding of any biases that could affect advice.

32
Q

Outline considerations an advisor must take into account when determining the level of disclosure required to the plan sponsor regarding their compensation.

A

The level of disclosure should provide the plan sponsor as consumer with enough information to understand the basic business relationship between the advisor and the insurer with respect to compensation and how an advisor is paid. Specific dollar amounts are not required. If an advisor is placing business through a managing general agent (MGA) and will be receiving compensation from both an insurer and the MGA, this should be disclosed.

33
Q

Assume you are an advisor providing a benefits product or service to a plan sponsor. Provide an example of a statement you could use to describe how you will be compensated.

A

An example of a statement of advisor compensation disclosure is:

I am compensated by a sales commission on policies I sell, and I may also receive a renewal (or service) commission on policies that remain active. Commissions are paid by the company that provides the product you purchased. If my sales reach a certain level, I may be eligible for additional compensation, such as bonuses, and other benefits, such as conferences.

34
Q

Describe criteria an advisor should consider to determine whether or not a perceived conflict of interest might exist that should be disclosed to a plan sponsor.

A

In determining whether or not a perceived conflict of interest might exist that requires disclosure, the advisor should consider:

(a) Whether the advice or product offered would have been different if the situation or incentive giving rise to the potential conflict of interest did not exist

(b) Whether it would appear to a reasonable, informed third party looking at the facts that the advisor acted in the best interest of the client.