CLAIMS GUIDELINES
Q: Are premiums required while the insured
is on claim?
A: Premiums are not required while the insured is on
claim. We will not charge monthly charges for this rider
for any policy month while rider benefits are being paid.
However, other policy charges will continue to apply.
Q: Can the policy lapse while on claim?
A: No. While the insured is on claim, the policy will not
lapse due to insufficient Cash Surrender Value.
Q: What happens when the entire LTC benefit
amount has been paid?
A: No further LTC Rider benefits will be payable and
no further rider monthly charges will be taken. A
residual death benefit, however, may be payable. The
residual death benefit, which is provided by a separate
endorsement, is the lesser of: (a) 10% of the lowest
face amount of the base policy from its inception, less
any outstanding policy loans, or
(b) $10,000.
Q: What kind of evidence is required at the
time of claim?
A: The claims process begins when we receive
a notice of claim. Upon receipt of notice of claim
from the policy owner, we will send out a claims
packet (claim forms) which must be completed and
returned to us. The company will then schedule a
face-to-face assessment of the insured to assess the
insured’s need for services in order to determine the
insured’s eligibility for LTC Rider benefits. In addition,
the policy owner must provide us with written proof
of loss (“evidence”). Written proof of loss means
information or documents satisfactory to us to enable
us to determine whether benefits are payable under
the rider. Such proof includes: (1) a certification by a
licensed health care practitioner (doctor, registered
nurse or licensed social worker) that the insured is
a chronically ill individual (ADL deficient or severely
cognitively impaired); (2) documentation (e.g. receipts)
to show that the insured received qualified long term
care services and incurred a charge for those services
during the elimination period and for each month that
the insured claims benefits; and (3) a copy of the plan
of care which is a written comprehensive assessment
of the insured’s physical and cognitive abilities,
and specifies the type, frequency and providers
of all the services that the insured requires. Other
documentation may also be required, such as, medical
records, physician’s order, or other claim forms.
TAX-RELATED QUESTIONS
Q: What are the income tax consequences
of receiving benefit payments under the
LTC Rider?
A: The LTC Rider is intended to provide a federally tax-
qualified benefit under IRC Sec. 101 and Sec. 7702B.
As such, receipt of LTC benefits should not create
income tax liability so long as the benefits are under
the HIPAA per diem limits, except for certain business
related policies under Sec. 101(g).
Q: If the insured receives an amount greater
than the HIPAA per diem amount, will the LTC
Rider benefits be subject to income taxation?
A: LTC benefits received in excess of the HIPAA
per diem limit are generally taxable to the extent the
LTC benefits exceed the greater of the per diem limit
and the actual unreimbursed LTC expenses incurred.
All contracts covering the same insured are combined
with the per diem limit allocated first to the insured.
The combined benefits paid under multiple policies
may exceed the HIPAA per diem amount and the
excess will be treated as taxable income.
Q: Can an existing life insurance policy be
exchanged for a life insurance policy with an
attached LTC Rider through a 1035 exchange?
A: Yes, an existing policy, whether or not it is a
Modified Endowment Contract (MEC), can be 1035
exchanged to a new life insurance policy with the
LTC Rider.
Q: Can an irrevocable life insurance trust (ILIT)
hold a life insurance policy with the LTC Rider?
A: Yes. However, the LTC benefits will be paid to the
trust and the terms of the trust must be consulted
regarding use of the benefits to pay the insured’s
LTC expenses. For example, the ILIT may have a
provision to allow early or special distributions to ILIT
beneficiaries before the death of the grantor.
Q: Are LTC Rider premiums/charges
deductible as a medical expense?
A: No. Under IRC Section 7702B(e)(2), LTC Rider
charges (which are not treated as a taxable distribution
of cash value inside a life insurance policy) are not
allowed an IRC Section 213(a) medical expense
deduction for premiums/rider charges paid. A medical
expense deduction is not allowed for any payment
made for coverage under a qualified LTC insurance
contract if the payment is made as a charge against the
cash value of a life insurance policy.
Long Term Care Rider F.A.Q.s