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How has Income Protections Changed?

October 2, 2024

Income protection insurance in Australia has undergone several significant changes in recent years, driven by regulatory reforms and market adjustments. Here are some of the main changes:

1. Regulatory Reforms

ASIC and APRA Guidelines: The Australian Securities and Investments Commission (ASIC) and the Australian Prudential Regulation Authority (APRA) have introduced stricter regulations to enhance transparency and protect consumers. These guidelines focus on product design, disclosure, and claims handling.


2. Policy Changes

Definition of "Disability": The definition of disability has been clarified and standardized. Insurers have moved towards using the "any occupation" definition, which requires that claimants are unable to perform any work they are reasonably qualified for, rather than just their specific occupation.

Benefit Periods: Some insurers have adjusted the benefit periods. Policies now often have shorter benefit periods, such as two or five years, instead of the previous longer-term options.

Waiting Periods: Changes in waiting periods (the time before benefits start) have been implemented. Insurers have standardized waiting periods and in some cases, increased them to reduce premium costs and manage risk.


3. Premium Increases and Adjustments

Increased Premiums: Premiums for income protection insurance have generally increased due to higher claims costs and lower returns on investment. This has led to a reevaluation of policy terms and conditions.

Lifetime vs. Age-Based Pricing: Some insurers have moved away from lifetime pricing to age-based pricing, which means premiums increase as the policyholder gets older.


4. Product Simplification

Streamlining Policies: Insurers have simplified policy options to make them more understandable for consumers. This includes clearer definitions of coverage and more transparent terms and conditions.

Standardized Features: Efforts have been made to standardize features across different policies to allow for easier comparison and to improve consumer confidence.


5. Enhanced Disclosure and Transparency

Product Disclosure Statements (PDS): Insurers are now required to provide more detailed and comprehensible Product Disclosure Statements. These documents must clearly outline the coverage, exclusions, and conditions of the policy.

Claims Handling: There are stricter requirements for insurers to handle claims fairly and transparently, reducing the likelihood of disputes and improving customer satisfaction.


6. Consumer Protection

Cooling-off Periods: The introduction or extension of cooling-off periods allows policyholders to cancel their policy within a specified time frame if they are not satisfied with the terms.

Financial Hardship Provisions: There are provisions for policyholders facing financial hardship to either adjust their premiums or pause coverage without losing their benefits.


7. COVID-19 Impact

Pandemic-related Exclusions: Some policies have adjusted their terms to address risks associated with pandemics, such as COVID-19, which may affect coverage and claims.


These changes aim to address issues related to policy affordability, clarity, and fairness, and reflect broader trends in the insurance industry towards greater consumer protection and regulatory compliance. For individuals considering income protection insurance, it's important to review current policies and consult with financial advisors to understand how these changes may impact their coverage.


August 28, 2024
1. Buy-Sell Agreements (Shareholders' Agreement) In Australia, a buy-sell agreement is also known as a shareholders' agreement. It functions similarly to those in other regions, outlining the procedures if an owner dies, becomes disabled, or leaves the business. There are two main types: Cross-Purchase Agreement: Each business owner purchases a life insurance policy on the other owners. If one owner dies, the surviving owners use the death benefit to purchase the deceased owner's share of the business from their estate. Entity Purchase Agreement (Company Purchase Agreement): The business itself purchases life insurance policies on each owner. If an owner dies, the business uses the death benefit to buy the deceased owner's share from their estate. 2. Key Person Insurance Key person insurance in Australia is similar to other regions. The business purchases life insurance on a key employee or owner, and the business is the beneficiary. The death benefit can be used to: Cover the cost of finding and training a replacement. Offset the loss of revenue or profits. Buy out the deceased owner’s share in the business. 3. Collateral for Loans Australian businesses often use life insurance policies as collateral for business loans. This ensures that if a key person or owner dies, the loan can still be repaid, providing financial stability to the business. 4. Funding for Business Continuation Life insurance provides funds to ensure the business can continue operating after the death of an owner or key employee. This includes covering operational expenses, paying off debts, or buying out the deceased owner’s interest. 5. Executive Benefit Plans In Australia, life insurance can also be part of executive benefit plans to attract and retain key employees. These plans might include deferred compensation agreements, bonus plans, or split-dollar life insurance arrangements. Practical Example: Shareholders' Agreement Consider a business in Australia with three co-owners: Alice, Bob, and Carol. They set up a cross-purchase agreement: Each owner buys a life insurance policy on the other two. Alice buys policies on Bob and Carol, Bob buys policies on Alice and Carol, and Carol buys policies on Alice and Bob. If Alice dies, Bob and Carol receive the death benefit from their respective policies on Alice. Bob and Carol use these funds to buy Alice's share of the business from her estate, ensuring a smooth transition and business continuity. Benefits Provides liquidity: Ensures immediate cash is available to buy out a deceased owner's share without having to liquidate business assets. Reduces conflict: Prevents disputes among surviving owners and the deceased owner’s family. Ensures business stability: Helps maintain the business’s financial health and operational continuity. Legal and Tax Considerations Tax Treatment: In Australia, the proceeds from a life insurance policy are generally tax-free if the policy is owned by the business or the individual owners. However, there may be tax implications depending on the structure of the agreement and the relationship between the insured and the policy owner. Legal Documentation: It's important to have a well-drafted shareholders' agreement and life insurance policies that align with Australian laws and regulations. Consulting with a legal and financial advisor is essential. By integrating life insurance into their business strategy, Australian business owners can ensure they are prepared for unforeseen events, maintain continuity, and protect the financial interests of all parties involved.
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