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How Split-Dollar Life Insurance Works

Life insurance can be a foundational financial planning tool for many, helping to protect loved ones and, with the right policy type, build cash value. This is why some employers offer a workplace benefit called split-dollar life insurance. Under these agreements, employers pay premiums to make it easier for employees to gain coverage. Such a benefit can attract and retain key employees, making it an excellent potential investment for many employers. This article will explain how split-dollar life insurance works, its benefits, and a few alternative policy options.

What is split-dollar life insurance?

Split-dollar life insurance is a contract where an employer and employee agree to share a life insurance policy’s costs and benefits. This agreement specifies each party’s rights and responsibilities for a shared policy in a written contract. It includes the agreement's term length, how the agreement ends, and the employee’s responsibilities for maintaining coverage. It can also detail how coverage can change if the employee leaves the company or fails to hit agreed-upon targets. Companies often use split-dollar life insurance to help attract and retain important or high-level employees, such as executives or managers.1

Who owns split-dollar life insurance?

The employer or employee can each own the life insurance policy. The policy is never jointly owned. Each arrangement has a unique name and differs in features and operation:1

Economic benefit regime

In an economic benefit regime, or economic benefit arrangement, the employer owns the policy. They pay policy premiums and decide on the employee’s rights and benefits regarding the policy, including the death benefit portion and access to cash value. Meanwhile, the employee in the agreement designates beneficiaries to receive some of the death benefit payout if the employee passes away while the policy is active. Employees may be taxed on the economic value of this policy, which is calculated each year by the IRS.2

Loan regime

Under a loan regime, the employee owns the life insurance policy, but the employer pays policy premiums. For tax purposes, premium payments are treated as loans to the employee each year. The employer must charge a sufficient interest rate based on the Applicable Federal Rate (AFR).2 However, this allows for flexibility in loan structure. The employer can structure this as a term or demand loan.

To make the agreement fair for both sides, the employee gives the employer an interest in the policy’s death benefit and cash value through a collateral assignment agreement. This agreement restricts certain aspects of the policy. A loan regime can be more complicated than an economic benefit regime due to the complexities of structuring and managing the loan and its tax implications.

Benefits of split-dollar life insurance

Split-dollar life insurance can offer numerous benefits to employers and employees:

Your employer helps make premium payments

One of the most helpful aspects of split-dollar life insurance is that your employer covers the cost of premiums. This can make it easier to get a basic level of coverage and make larger coverage amounts more accessible. For employers, split-dollar life insurance can be an attractive benefit for persuading high-quality candidates to sign on or current employees to continue working for their company.

Low interest rates

Loan regime agreements may come with low interest rates, especially if the economy’s prevailing interest rates are low relative to the AFR. These rates can be lower than rates obtainable through traditional borrowing methods. This gives employees a more affordable way to get coverage without paying now and repay the debt they owe later. It also lets them maximize their cash value since they don’t have to pay the premiums necessary to grow coverage right away. Additionally, employers can more easily offer this benefit to employees while fitting it into company budgets.

Tax benefits

Employers generally can’t take tax deductions for premiums paid under a split-dollar agreement. However, they may be able to deduct cash value provided to an employee. Meanwhile, the employee may not owe taxes on the interest if it is at or above the AFR.

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How split-dollar life insurance can be terminated

Several circumstances can result in the termination of a split-dollar life insurance arrangement:2

The employee passes away

If the employee passes away during the policy term, the death benefit is paid out to terminate the agreement. First, the employer recoups any premiums paid on the insured’s behalf, cash value, or loan amounts owed. The remainder of the death benefit is paid to the employee’s beneficiaries.

The agreement term ends

If the agreement term ends, coverage expires. In this case, both parties settle any remaining loans or unpaid premiums to terminate the policy. Under a loan regime, collateralized restrictions are lifted. In an economic benefit regime, the employee may obtain policy ownership depending on the parties' choice and the agreement. A policy transfer may be taxable to the employee and tax-deductible to the employer.

Retirement or employment termination

Employers may structure agreements to terminate when an employee leaves the company through retiring, quitting, or some other method. Depending on the agreement, a few events could occur:

  • The employee buys out the policy
  • The employee takes ownership of the policy
  • The employer and employee settle outstanding balances

Voluntary termination

Parties can agree to terminate the policy before its term ends for any reason the contract allows, such as changes in financial circumstances. The employer and employee would then negotiate to settle any outstanding premiums or loans to end the policy.

Is split-dollar life insurance right for me?

Split-dollar life insurance isn’t for everyone. Consider the following factors when determining if you should look for a role that offers it or attempt to negotiate it as part of your benefits:

  • Financial goals and circumstances: If you have dependents relying on your income and are saving for the future, split-dollar life insurance can help you protect these.

  • Estate planning: Split-dollar agreements can offer you an affordable way to add life insurance to your estate plan. In fact, it’s possible to set up a private split-dollar plan with an irrevocable life insurance trust (ILIT) to potentially avoid estate taxes.

  • Career plans: If you plan on staying with an employer for a long time, a split-dollar life insurance policy may make sense.

  • Job status: Higher-level employees are generally in a stronger position to negotiate split-dollar life insurance agreements. For example, if you’re in upper management, you may consider a split-dollar agreement.

If split-dollar life insurance isn’t right for you, consider some alternatives:

  • Group life insurance: Many employers choose an amount that fits most budgets and lifestyles.

  • Term life insurance: A term life insurance policy offers competitive rates in exchange for temporary coverage that typically lasts 10 to 30 years.

  • Whole life insurance: Whole life insurance charges higher premiums in exchange for lifelong coverage and a cash value growth component that earns a fixed rate of tax-deferred interest.

  • Guaranteed issue life insurance: This policy does not require a medical exam, competitive rates, and cash value. However, death benefits are small, and you may have to wait through a one to two-year waiting period before full coverage is active.

Learn more about life insurance

Split-dollar life insurance can be an excellent agreement for both parties. Employees save money on life insurance coverage, while employers have an attractive benefit that can sell employees on accepting an offer with them. However, these agreements can become complex and may require careful negotiation to achieve a fair agreement on both sides. If split-dollar life insurance isn’t right for you, Aflac offers alternative life insurance options. Speak with an agent today to learn more about our insurance policies and get a quote.

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