The Reset That Restarts the Clock
Diane, 59, deposited $200,000 eight years ago into a segregated fund contract with a 100% maturity guarantee on a 10-year term and a 100% death guarantee. The contract value is now $262,000. Her advisor proposes resetting the contract to lock in $262,000 as the new guaranteed amount. Diane plans to retire at 65 and expects to need $150,000 that year for a home renovation. The contract charges a 2% surrender fee during the first seven years of any new term; the original deposit has no surrender fee at maturity. Resetting restarts the 10-year maturity period and the death guarantee at the new amount. The MER is 2.9%, and Diane's spouse, 62, is in good health and is the named beneficiary.
1. Should Diane reset the entire contract? Analyze the trade-offs and recommend an approach.
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A full reset is probably not suitable. The reset locks in a $262,000 guarantee, but it moves the maturity date from age 65 to age 77. Diane needs $150,000 at 65, which is exactly when the original guarantee becomes available. After a reset, at 65 she would be only seven years into a new 10-year term, so the maturity guarantee would not be accessible; she would bear market risk on the money she needs and might face a 2% surrender fee if she withdraws. The reset does improve the death guarantee to $262,000, which has estate value given her spouse's good health, but that benefit should be weighed against the loss of the near-term maturity guarantee and the 2.9% MER.
A better approach is to segment the contract. If the contract permits partial resets, reset only the portion not needed at 65 and earmark $150,000 for a shorter-duration, liquid vehicle or leave it under the original guarantee. If partial resets are not permitted, do not reset the whole contract; keep the original maturity guarantee and use other savings or new deposits for the growth/estate objective. Document the comparison of guarantees, dates, fees and liquidity, and confirm Diane understands that a guarantee is not the same as a fixed return.
2. What must the advisor disclose and document before Diane signs a reset?
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The advisor must explain the mechanics, not just the headline guarantee. Disclosure should cover: the new 10-year maturity date; how the guarantee is calculated; that the guarantee applies only at maturity or death and is reduced proportionally by withdrawals; the surrender-fee schedule on the new term; the unchanged 2.9% MER; the effect on the death guarantee; and the loss of the original maturity date. The advisor should compare at least three alternatives: no reset, a partial reset if available, and moving the $150,000 need to a GIC or short-term bond ladder. The client should understand that a market decline does not reduce the guarantee, but inflation and fees can erode its real value.
Documentation should include an updated KYC, the client's liquidity need at 65, risk tolerance and capacity, the specific reason a reset is or is not suitable, the alternatives discussed, and Diane's signed acknowledgment. The advisor should avoid presenting the reset as risk-free and should record that the decision was the client's informed choice.
3. If Diane resets and dies at 71 when the contract value is $228,000, what does the contract pay and to whom? Explain.
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The death guarantee is $262,000 because the reset locked in that amount at 100%. Even though the market value is only $228,000, the insurer pays the beneficiary the guaranteed death benefit of $262,000, typically by paying the $228,000 market value plus a $34,000 top-up. Diane's spouse is the named beneficiary, so the proceeds pass directly to the spouse rather than through the estate, avoiding probate. The spouse may also be eligible for a tax-deferred rollover of the contract, depending on the contract and election; otherwise the gain is reported on Diane's final return.
The key reasoning is that the death guarantee is a contractual floor, not a promise that the market value will never fall. Withdrawals would have reduced the guarantee proportionally, but none are mentioned. The advisor should confirm that the beneficiary designation is current and that the spouse understands the contract will continue with a reduced adjusted cost base or be redeemed.