It doesn't matter who does it. Lapse supported product designs are just wrong. Whether it's another family takaful player (FWD, Great Eastern Takaful, PruBSN Takaful etc.) or another conventional player (Prudential etc.), it's not a fair product design or contract term to not have a fair surrender value or to indiscriminately use the Asset Shares of surrendering policies to sustain future benefit payouts of the other remaining policies.
They all need to be called out. That is the point.
Just because a contract term says premium or contribution amounts can be revised does not mean that it is a fair contract term or one that is lawful or legal.
These are all level premium / contribution long term plans. The premium or contribution amounts are set at the policy's inception and cannot be revised later. That is the policyholder's understanding and expectation.
If the ITO wished to review contribution amounts on a regular basis, they should sell yearly renewable products instead of long term ones.
The duty of the insurer or takaful operator is to price the policy appropriately at the policy's inception. If a pricing error occurs, the ITO would have to foot the bill, not the consumer.
But even with the unlawful / illegal right to review premium / contribution amounts during the ongoing term of the policy, why would an ITO selling lapse supported products be incentivised to exercise it???
The ITO would find it easier to just keep targeting / onboarding vulnerable consumers who are bound to surrender their policies and use their Asset Shares to make up for any deficit rather than risk the wrath of the remaining policyholders.
I'm just stunned that this is happening. I guess I haven't been paying attention. Never thought I would see takaful operators doing this.
Takaful operations by local outfits may have more operational issues compared to their foreign owned or conventional counterparts, but not when it comes to substantive matters like the adopted operational model itself.
Takaful models are supposed to be better as they usually have a clear separation between the savings or pre funding component and the insurance pooling component (tabarru or risk fund).
FWD is a very aggressive HK outfit - HK outfits are desperate for yield, and money is cheap. Just look at how much they spend on marketing.
It must be emphasized that a lapse supported product design does not automatically result in a surplus position within the risk or non-participating funds.
It would only result in a surplus position if the number of surrendering policies exceed expectation. So, if a lapse supported product assumes a 5% surrender rate, a surplus would only arise when the surrender rate exceeds 5%.
The Asset Shares of the expected 5% surrendering policies are required to meet the expected future benefit payouts of the remaining policies - these amounts will have to be reserved for. Anything below the 5% surrender rate will result in the fund being in a deficit position.
No takaful operator can withhold any surplus amount within the fund that is more than necessary for the ongoing operations of the fund. Surpluses within takaful funds belong to policyholders and have to be eventually returned to them.
Having said that, there are other ways of distributing the surplus without "distributing" it. The ITO may sell underpriced or loss making products to underserved segments, with the surplus amounts being earmarked to make up for the difference. Noble though this may be, it is not shariah compliant or lawful or legal as the equity principle is not being respected.
You have to also make the argument that my projections are wrong or faulty in some areas if you would like to make the argument that my 5% lapse assumption might be too aggressive.
My projection shows that even an 8% investment return still yields a deficit during the last year of a RM 2040 annual contribution 30 year Kaotim Legasi plan for a 30 year old male with RM 1 million sum covered.
Even if the investment assets of the fund yield a steady 3% per annum, the policy would still need an extra +5% per annum to make up for the difference. This can only happen if 5% of policies within the pool surrender every year for 30 years. This would release 5% of the total Asset Shares or pre funded amounts within the fund to the remaining policyholders every year.Surrendering a policy during the middle of a policy term being a foolish decision or otherwise is personal matter that is only of concern to the surrendering policyholder. Not for us to question their conduct.
Foolishness or being foolish is not a license to rob from surrendering policyholders. Their equity is still their equity.
very good explanation. thank you hafiz. have you thought of writing a piece of your mind to news portal like malaysiakini, so general people like us can share to others to create awareness?