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Wade Caldwell, an attorney with Martin, Drought & Torres, Inc. (MD&T) in San
Antonio, TX, who represents teachers in numerous lawsuits against insurance
companies selling 403(b) annuities and life insurance, has harshly
criticized proposed changes to Teacher Retirement System of Texas (TRS)
regulations.
Caldwell has filed and settled several well-known suits against insurance
companies selling 403(b) annuities and life insurance to teachers. The suits
were filed because of a 1986 Texas law that prevented school districts from
screening vendors who sell 403(b) products - which are retirement plans
similar to 401(k) plans in which teachers set aside pretax money through
payroll deductions for retirement. The result of the law was a wide-open
marketplace where high commissioned products and questionable sales tactics
were common.
Largely as a result of the MD&T suits, in 2001 the Texas Legislature passed
SB 273, of which MD&T helped gain passage. The law places TRS in charge of
approving products and vendors who can sell to K-12 teachers in Texas.
Initially, TRS staff proposed regulations to SB 273 that were strongly in
favor of low cost and no load vendors for the choices available to teachers;
however, at a public hearing in Austin in January 2002, insurance lobbyists
complained bitterly about the regulations, because the caps on fees and
expenses were too low.
As a result, on February 25, 2002, the TRS staff proposed changes to the
regulations which dramatically increase the amount of fees and costs which
can be charged on approved products, meaning that teachers will be
susceptible to losing much more of their retirement money to high cost and
high fee products.
"The initial regulations were excellent. However, these changes are a patent
cave-in to insurance lobbyists especially in the area of variable
annuities, which should not be sold in 403(b) plans at all. The expense caps
now allow even the highest cost variable annuities to be sold to
unsuspecting teachers," Caldwell stated.
MD&T has been active in representing teachers and other consumers on
insurance products and has an online newsletter explaining what to look for
in all types of insurance products.
For more information, please contact MD&T at (210) 220-1323 or visit their website at
www.mdandt.com.
A side-by-side comparison of the changes to the proposed TRS regulations can be found at
www.trs.state.tx.us. |