The Fundamentals of a Successful Charitable Gift Annuity Program |
Best Practices |
Written by ACGA |
I. IntroductionA. Gift Annuity Risks and Rewards
Charitable gift annuities are among the most popular planned gifts. While bequests form the largest segment of planned gifts in terms of volume, charitable gift annuities continue to maintain momentum. Gift annuities have been around for over 100 years. And there are good reasons why they continue to be popular among donors. Gift annuities provide a number of benefits to donors including:
Similarly, there are good reasons that charitable gift annuities are popular with charities:
During our lifetimes, we tend to seek out concepts and activities that offer balanced results. We are not afraid to take some risk if the reward seems in proportion to the risk. Our approach to charitable giving is no different. As donors, it is wonderful if there is a way we can support the mission of our favorite charitable organization while receiving tax benefits and income payments to ourselves. As charities, it is even better if there is a way that we can offer donors tax-advantaged and income-producing charitable vehicles as incentives to support us.
However, gift annuities do carry a component of risk for the charity that other charitable giving methods do not. This is because the agreed upon payments from the charity to the donor is a legal and financial obligation to the charity. Therefore, whether we are considering starting a charitable gift annuity program or in the midst of operating a charitable gift annuity program, we must be aware of the risks of the program, as well as the rewards.
B. Definition of Charitable Gift Annuity
Before we begin the discussion of how to start a gift annuity program, let’s take one last look at how we are defining a charitable gift annuity. It is this definition that spells out very clearly both the risks and rewards of a charitable gift annuity program. A charitable gift annuity is a contractual agreement between one or two donors (often spouses) and a charity. The donor(s) transfers assets as a gift to the charity and in return, the charity promises (read “is obligated”) to pay a fixed annuity to one or two annuitants, of the donor(s)’ choosing, for life the donor(s).
It is the promised payments that makes the gift so attractive to donors. It is the anticipated gift after the annuitants’ lifetime that makes the gift so attractive to charities.
This guide is focused on providing the structure that will enable donors and charities to successfully utilize the charitable gift annuity to its fullest potential.
II. Starting a Charitable Gift Annuity ProgramA. The Importance of History and Stability
1. Financial Stability
There are certain characteristics that point to a successful gift annuity program. Here are some important financial questions your prospective donors may be asking:
Many states have definite financial requirements that charities that issue gift annuities must meet. These requirements can include the length of existence for your organization, a minimum unrestricted financial surplus and annual reporting requirements. These requirements form a minimum list of financial necessities when determining whether to issue gift annuities. While they are necessary, they may not be sufficient for you and your financial professionals to be comfortable in issuing charitable gift annuities.
Here is a brief checklist to assist you in determining whether your organization is financially prepared to issue charitable gift annuities:
2. Organizational Mission
If you are like most charitable organizations, you have a mission or set of underlying principles to guide your work. Here are some important mission-related questions your prospective donors may be asking:
3. Culture and Governance
Your board helps set the culture and governance for your organization. As you are beginning your gift annuity program you will need to assess if your board is interested in and knowledgeable about planned gifts and gift annuities in particular. Here are some questions to ask about your board and its involvement in the gift annuity process:
If you are issuing gift annuities, you will need to create a gift acceptance policy or revise your existing policy to include gift annuities. Gift acceptance policies are important for several reasons:
A sample gift acceptance policy for gift annuities is provided as an addendum to this guide. This sample document provides basic guidelines for the issuance of gift annuities and may be helpful to you in drafting your own policy. Keep in mind that your gift acceptance policy should include requirements such as age and gift minimums that are best suited for your organization and should be reviewed by qualified legal counsel.
B. Gift Annuity Administration
Finally, you need to consider how you will manage or administer your gift annuity program. Do you have the structure and resources to invest reserve funds, manage accounts, make annuitant payments and meet state and federal reporting requirements on your own or will you need the assistance of an outside party? There are a number of issues for you to consider as you develop your administration policy:
1. Administrative Staffing
Are there staff people in your organizations with the expertise to operate a gift annuity program and with sufficient time to devote to the effort? Generally, a planned giving software program will be purchased to do the calculations necessary and provide annuity contract templates to issue gift annuities. There is a degree of sophistication and training needed to run such programs. Also, payments must be made, agreements written, and IRS filings made. If your organization has a finance department, then this should be no problem. However, if you run a small shop, then this is a significant addition in workload, and you may need to hire additional staff or contract with outside vendors.
2. Investment Policy
Do you already have an investment policy in place that provides for safety and a reasonable return on charitable funds and investments? Your board needs to consider where annuities will be issued and what assets might be accepted. If illiquid, non-income producing assets such as real estate and limited partnerships are accepted as gifts the organization will have to use its own funds to make annuity payments. Due to this, a beginning program should strongly consider prohibiting receipt of illiquid assets for gift annuities. All of this should be spelled out in your gift acceptance policy.
3. Gift Annuity Reinsurance
It is possible to reinsure gift annuities. To reinsure, you purchase insurance from an insurance company to cover your organization's annuity payment obligation using a portion of the initial gift. In exchange, the insurance company agrees to make payments to the annuitants. Not every state permits reinsurance. If reinsurance is permitted, the charity must investigate how reinsuring contracts impacts the charity’s state reserve requirements.
III. ConclusionThere are many factors that go into starting an effective gift annuity program. While organizations vary by mission and size, there are commonalities among those that issue gift annuities. Here are some practical questions you should be asking your organization before it issues its first gift annuity:
Your answer to these questions will determine whether your organization is ready to get started with gift annuities. If you are, we wish you the best of success with your program and encourage you to become a member of the American Council on Gift Annuities. By becoming a member, you can gain access to valuable resources that will help you build a solid foundation for your gift annuity program. Addendum: Sample Gift Annuity Acceptance Policy The Charitable Gift Annuity Description The charitable gift annuity is a contract between Charity and the donor. Charity agrees to pay the donor and/or one other person named by the donor a lifetime annuity in return for a gift of cash, securities, or other property. The payment may continue for the life of a second individual, such as a spouse. The annual payment is a fixed sum, the amount of which is based on the size of the gift and the number and ages of the beneficiaries. Annuity rates under a charitable gift annuity are lower than the rates offered by commercial insurance companies so that a significant residuum will remain for Charity. Written notice of this fact will be documented for the donor in two documents. First, the donor will be notified in writing during the gift negotiation stage. Second, the gift annuity contract cover letter will also contain this information for the donor. Gift annuities issued in [insert state of Donor’s residence] shall comply with [insert state of Donor’s residence] state law and meet the disclosure requirements under the Philanthropy Protection Act of 1995. Guidelines
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Last Updated on Saturday, November 07, 2020 11:43 AM |