- 62 - relevant years. Dr Lo’s participation in the plan was inconsistent with the terms thereof. On April 28, 1994, the Marlton Plan purchased from Southland Life Insurance Co. (Southland) a $3.2 million flexible premium adjustable life insurance policy (certificate No. 0600008928) on the life of Dr. Lo, age 52, and it paid Southland a $158,859 premium on the policy during that year.22 Dr. Lo’s death beneficiary was an irrevocable trust by and between him and Ms. Lo, as grantors, and Edward Lo as trustee. The policy’s cash value (i.e., its accumulation value23 less surrender charges) could be obtained by surrendering the policy, but the product was designed to access that value by borrowing it through a “wash loan” (i.e., a loan for which the interest rate charged thereon equaled the interest rate earned on the policy). The Southland policy’s accumulated value was $154,483 on December 28, 1994, its surrender charge for that year was $68,800, and the interest credited to the policy during that year approximated $5,046.96. For 1994, a $3.2 million term insurance policy on the life of Dr. Lo would have cost approximately $9,255.05. 22 Under the terms of the policy, after Southland received an initial premium payment of $98,859, a minimum monthly premium payment of $3,738.33 was required to prevent the policy from lapsing during the first 5 years. 23 The accumulation value equaled the total premiums paid plus commercial interest less the cost of term insurance and administrative expenses.Page: Previous 52 53 54 55 56 57 58 59 60 61 62 63 64 65 66 67 68 69 70 71 Next
Last modified: May 25, 2011