Monday, July 23, 2012

Schwartz Financial Weekly Commentary 7/23/12



The Markets



The man with his finger on the pulse says the U.S. economy faces two main risks. We have no control over one of those risks and the other, well, we do have some control, but whether our politicians will appropriately exercise that control is a big question.



Federal Reserve Chairman Ben Bernanke faced Congress last week and he delivered a rather subdued outlook in his semi-annual monetary policy report. He said our economy faces two major headwinds:



1.   The Euro-area fiscal and banking crisis and its potential spillover effects on our economy.

2.   The unsustainable path of the U.S. fiscal situation (e.g., the “fiscal cliff”).

Source: Federal Reserve



The U.S. has little control over the euro-area situation so we’re at the mercy of European leaders to make bold and tough decisions to get their houses in order. The second item, though, is clearly within our control.



The so-called fiscal cliff, in which a series of tax hikes and spending cuts will take effect in 2013 if Congress takes no further action, could throw the economy back into a recession. The Congressional Budget Office estimates if no policy changes are made, then our 2013 federal budget deficit will decline by about $600 billion. On the surface, that sounds great. However, such a huge shock to our system in a short period of time could be problematic.



So, will Congress agree to adjust the legislation for the benefit of the economy? We’ll see.



For his part, Bernanke said the Federal Reserve “is prepared to take further action as appropriate to promote a stronger economic recovery and sustained improvement in labor market conditions in a context of price stability.” It’s good to know that the Fed is ready to help if needed.




Data as of 7/20/12
1-Week
Y-T-D
1-Year
3-Year
5-Year
10-Year
Standard & Poor's 500 (Domestic Stocks)
0.4%
8.4%
2.8%
12.7%
-2.3%
5.2%
DJ Global ex US (Foreign Stocks)
0.6
0.5
-16.9
3.3
-7.8
5.6
10-year Treasury Note (Yield Only)
1.5
N/A
2.9
3.6
5.0
4.6
Gold (per ounce)
-1.2
0.1
-0.6
18.3
18.3
17.2
DJ-UBS Commodity Index
4.2
3.9
-11.1
6.3
-3.4
3.8
DJ Equity All REIT TR Index
-1.1
16.0
9.5
31.4
2.7
12.1

Notes: S&P 500, DJ Global ex US, Gold, DJ-UBS Commodity Index returns exclude reinvested dividends (gold does not pay a dividend) and the three-, five-, and 10-year returns are annualized; the DJ Equity All REIT TR Index does include reinvested dividends and the three-, five-, and 10-year returns are annualized; and the 10-year Treasury Note is simply the yield at the close of the day on each of the historical time periods.

Sources: Yahoo! Finance, Barron’s, djindexes.com, London Bullion Market Association.

Past performance is no guarantee of future results.  Indices are unmanaged and cannot be invested into directly.  N/A means not applicable.



IT’S BEEN ALMOST A YEAR since August 5, 2011, the day the U.S. lost its coveted AAA credit rating from Standard and Poor’s. So, how have the financial markets responded in the year since? Quite well, actually.



It may not feel like it, but the broad U.S. stock market, as measured by the S&P 500 index, rose 13.6 percent between August 5, 2011 and last Friday, according to data from Yahoo! Finance. Despite all the angst from the credit downgrade, the threat of a double-dip recession and the turmoil in Europe, the stock market has hung in there.



The returns in the bond market are perhaps even more startling. The 10-year Treasury yielded 2.56 percent on August 5, 2011 and by last Friday, the yield had dropped to 1.46 percent, according to Yahoo! Finance. Normally, you might expect interest rates to rise after a credit downgrade since the ratings agency is essentially saying your bonds are riskier than previously thought.



The U.S., though, is perhaps a “special” case. The day after the credit downgrade, none other than Warren Buffett went on Bloomberg television and said he thought the U.S. should be a “quadruple A” rating. And, to this day, the U.S. dollar remains the world’s leading reserve currency as more than 60 percent of the world’s foreign currency reserves are held in U.S. dollars, according to BusinessWeek.



We shouldn’t get overconfident, though. While the U.S. has tremendous assets, it might only take a few bad decisions from our leaders to undo what took decades to build.



Weekly Focus – Think About It…



“There is nothing wrong with America that the faith, love of freedom, intelligence, and energy of her citizens cannot cure.”

--Dwight D. Eisenhower, 34th president of the United States

Value vs. Growth Investing (7/20/12)

0.36
9.40
0.63
-1.08
3.76
15.58
0.23
0.50
10.22
0.83
-0.25
6.20
14.54
-0.04
0.04
10.36
0.91
-0.50
8.02
13.98
1.43
1.04
14.44
1.31
-0.49
8.42
16.28
2.05
0.36
6.16
0.22
0.22
1.99
13.40
-3.86
0.24
7.07
-0.08
-3.77
-2.55
18.09
0.37
0.51
8.03
-0.02
-3.02
1.16
19.80
1.37
0.08
7.80
-0.12
-4.63
-6.29
18.04
0.62
0.15
5.41
-0.10
-3.75
-2.48
16.32
-1.19
-0.85
7.30
0.60
-2.23
-3.18
18.16
1.67
-0.90
7.20
1.03
-2.83
-5.92
17.02
0.24
-0.63
7.45
0.51
-2.11
-3.76
17.10
1.91
-1.01
7.26
0.25
-1.72
0.46
20.40
2.62
0.06
9.71
0.74
-1.13
5.74
15.46
1.50
0.75
12.60
0.98
-1.44
4.47
16.80
1.81
0.22
6.09
0.16
-0.73
0.94
14.48
-2.86

©2004 Morningstar, Inc. All Rights Reserved. The information contained herein: (1) is proprietary to Morningstar; (2) is not warranted to be accurate, complete or timely. Morningstar is not responsible for any damages or losses arising from any use of this information and has not granted its consent to be considered or deemed an “expert” under the Securities Act of 1933. Past performance is no guarantee of future results.  Indices are unmanaged and while these indices can be invested in directly, this is neither a recommendation nor an offer to purchase.  This can only be done by prospectus and should be on the recommendation of a licensed professional.



Office Notes:

Have You Heard the News? 

On Thursday, June 28th, the Supreme Court ruled on the healthcare law sponsored by President Obama.  The decision was a close one, but in the end the vast majority of the law was affirmed as constitutional. 1  This means that it can now move forward without further obstacles, at least until after the election.  It also means profound changes will be taking place in this country.  It’s possible that some of these changes might have an effect on you. 

Just in case you don’t know, the law I’m referring to is the “Affordable Care Act.”  It was passed by Congress back in 2010, then signed by President Obama shortly after.  Because the law sought to make sweeping changes to the private health care industry as well as public health programs, it started an intense debate that has continued to this day. 

After the ruling, that debate is unlikely to die any time soon. 

Because of the changes that will now take place, a lot of my clients have started asking me questions—what the law is, what it does, and why all the fuss.  Part of my job as a financial advisor is to keep you informed about news that could impact you, so I’ve decided to write down my response in Question and Answer format.  Please read the “Six Questions and Answers about the Affordable Care Act” attached to this article.  As you do, keep in mind that we all have different political beliefs.  It’s not my intention to pass judgment on the law or the Supreme Court’s ruling.  I simply want to present you with the facts as best I can.  Please feel free to check the list of sources provided at the bottom. 

Regardless of how you feel about the healthcare law, it’s possible it could affect your finances.  There’s no telling what will happen after the election this November, but in the meantime, I believe we should act as if the law is permanent.  To that end, the best thing to do is determine if we need to make any changes.  Since it will be a year or more before much of the new law goes into effect, there’s time to plan ahead.  Change can be an unsettling thing for people … but together we can find solid ground. 



So let’s talk.  To discuss the financial ramifications of the Affordable Care Act, please call my office at 215-886-2122.  I look forward to hearing from you.



Six Questions and Answers about the Affordable Care Act



Q:  What is the Affordable Care Act, and why was it created? 

A:  To quote the Supreme Court’s ruling, the Affordable Care Act is designed to “increase the number of Americans covered by health insurance and decrease the cost of health care.”1  Why?  Because according to the US Census Bureau, 49.9 million Americans were uninsured in 20102, and a 2009 study found that almost 45,000 people die every year due to a lack of coverage.3  The number is disputable, but no matter what political party you belong to, everyone agrees that it’s easier to pay for health care if you have insurance than if you’ve got none.  Where people disagree, however, is over what role, if any, the government should have in tackling the issue. 

     Another argument for the bill was because some estimates suggest that overhauling the nation’s health care could reduce the national deficit by $210 billion over the next 10 years.  The thinking here is that the government would spend about $1 trillion to provide subsidized insurance to low- and middle-income families during the next decade.  But the law has a combination of cost-cutting measures as well as tax increases (we’ll cover those in a minute), that proponents believe will result in a lower deficit.4

Q:  So what exactly does the Affordable Care Act do? 

A:  There are far too many provisions in the law to list here, but a few of the most talked-about aspects are as follows: 5

-          The individual mandate.  This is a requirement that all Americans have or buy health insurance.  In effect it means that anyone without health insurance will have to pay a fine.  However, there are exceptions for people who belong to certain religions, or fall in specific income levels.  Starts in 2014. 

-          The employer mandate.  This will require all businesses with over 50 full-time employees provide health insurance.  Starts in 2014. 

-          Guaranteed coverage for children with pre-existing conditions.  This means that no insurance company can deny coverage to a child who has a pre-existing medical condition.  Basically, this ensures that all children in the United States will have health care coverage.  Starts now. 

-          Children can stay on their parent’s plans until age 26.  Starts now. 

-          Expansion of Medicaid.  This involves broadening the eligibility requirements for people on Medicaid.  It also stipulates that states opting out of this expansion will be denied Medicaid funding from the Federal government.  However, the Supreme Court found this last part unconstitutional.  More in a moment. 

Q:  So why is the bill so divisive? 

A:  There are a number of things that have stirred up debate, but the single most contested part of the bill has been the individual mandate.  To put it simply, opponents of the mandate claim that it is unconstitutional for the federal government to force its citizens to buy anything, including health insurance.  On the other side, those who back the mandate argue that people who do not have insurance actually contribute to higher premium prices.  This is because sick people without insurance can still be treated at some hospitals and care centers.  This care may be provided free of charge for the sick person, but it still costs money—and the costs are “often shifted to insured populations in the form of higher charges by providers, which in turn leads to higher premiums.”6 

Q:  So what happened on Thursday, June 28th?  What does the Supreme Court have to do with anything? 

A:  First, a little bit of background.  Before the bill became a law, it was voted on in Congress along strict party lines.  Almost every Democrat voted for the bill; almost every Republican voted against it.  In the end, the bill passed due to the Democrats holding a slim majority in Congress. 

     The bill had been controversial from the start, so it was all but guaranteed that it would be challenged in court.  That’s exactly what happened.  According to the Supreme Court ruling, “Twenty-six States, several individuals, and the National Federation of Independent Business”1 filed a lawsuit in Federal District Court, “challenging the constitutionality of the individual mandate and the Medicaid expansion.”1 Eventually, the case came before the Supreme Court, who agreed to review it late last year. 

    Since then, the case has been watched closely.  The Supreme Court consists of nine justices, headed by Chief Justice John Roberts.  Four of the Justices, including Roberts, are generally considered to have conservative leanings, while another four are usually thought of as more liberal.  The ninth Justice, Anthony Kennedy, is often referred to as a swing vote, meaning he has no concrete political ideology.7  Because of this, many experts thought the final decision would be a close one.  They were right. 

    On Thursday, the Supreme Court finally released its ruling.  The individual mandate was affirmed to be constitutional, while the portion of the Medicaid expansion threatening states with a denial of funding was stricken down as unconstitutional.  The final vote ended up being a 5-4 decision, with Chief Justice Roberts surprising many by ruling in favor of the mandate. 

Q:  What was the thinking behind the Supreme Court’s ruling? 

A:  The Supreme Court’s job was to determine whether Congress has the right under the Constitution to impose a legal mandate and expand Medicaid.  According to the ruling, the law was “affirmed in part and reversed in part.”1  The individual mandate was found to be constitutional because Congress planned to enforce it by levying a financial penalty on all those who do not have health insurance.  According to Chief Justice Roberts, this penalty is the same as a tax.  Said Roberts, “The individual mandate must be construed as imposing a tax on those who do not have health insurance.”1  As the Constitution specifically grants Congress the power to “lay and collect” taxes, the individual mandate is therefore constitutional.      

     The provision for expanding Medicaid, however, is partly unconstitutional.  While Congress could expand Medicaid in general, they could not “[threaten] States with the loss of their existing Medicaid funding if they [the States] decline to comply with the expansion.”1  This is because the Constitution gives Congress the power to “establish cooperative state-federal programs” but  “a State  [must] voluntarily and knowingly accept the terms of such programs.”1  Since the Constitution does not give Congress the authority to require states accept the terms of such programs, they could not withdraw state funding. 

Q:  So how does this news affect my finances? 

A:  There are two basic ways:8

     Individual mandate:  First off is the requirement to have health insurance.  If you already have insurance, then you don’t need to worry about this part of the law.  But if you don’t, you will need to either buy it or pay a penalty.  In 2014, the penalty will be $285 per family or 1% of income, whichever is greater.  In 2015, the penalty increases to $965 or 2% of income.  By 2016, the number rises to $2,085 per family, or 2.5% of income, whichever is greater.  The only exemptions are for members of certain religious groups, or those with very low incomes.   

     Medicaid payments:  To help pay for the expansion of Medicaid, individuals making more than $200,000 a year (or $250,000 if married) will start having to pay an extra 0.9% of their income towards Medicaid taxes.  (Currently, all workers in the US pay 1.45% of their wages into Medicaid.)  In addition, a new 3.8% tax will be levied on investors.  Starting next year, 3.8% of investment income, whether from capital gains or dividends, will be paid into the Medicaid program. 

Sources:











Michael L. Schwartz, RFC®, CWS®, CFS



P.S.  Please feel free to forward this commentary to family, friends, or colleagues.  If you would like us to add them to the list, please reply to this email with their email address and we will ask for their permission to be added. 



Michael L. Schwartz, RFC®, CWS®, CFS, offers securities through First Allied Securities, Inc., A Registered Broker/Dealer,  Member FINRA-SIPC.  Advisory Services offered through First Allied Advisory Services, A Registered Investment Advisor.

Schwartz Financial Service is not an affiliate of First Allied Securities, Inc.



This information is provided for informational purposes only and is not a solicitation or recommendation that any particular investor should purchase or sell any security. The information contained herein is obtained from sources believed to be reliable but its accuracy or completeness is not guaranteed.  Any opinions expressed herein are subject to change without notice.  An Index is a composite of securities that provides a performance benchmark.  Returns are presented for illustrative purposes only and are not intended to project the performance of any specific investment.  Indexes are unmanaged, do not incur management fees, costs and expenses and cannot be invested in directly.  Past performance is not a guarantee of future results.



* The Standard & Poor's 500 (S&P 500) is an unmanaged group of securities considered to be representative of the stock market in general.



* The DJ Global ex US is an unmanaged group of non-U.S. securities designed to reflect the performance of the global equity securities that have readily available prices. 



* The 10-year Treasury Note represents debt owed by the United States Treasury to the public. Since the U.S. Government is seen as a risk-free borrower, investors use the 10-year Treasury Note as a benchmark for the long-term bond market.



* Gold represents the London afternoon gold price fix as reported by the London Bullion Market Association.



* The DJ Commodity Index is designed to be a highly liquid and diversified benchmark for the commodity futures market. The Index is composed of futures contracts on 19 physical commodities and was launched on July 14, 1998.



* The DJ Equity All REIT TR Index measures the total return performance of the equity subcategory of the Real Estate Investment Trust (REIT) industry as calculated by Dow Jones.



* Yahoo! Finance is the source for any reference to the performance of an index between two specific periods.



* Opinions expressed are subject to change without notice and are not intended as investment advice or to predict future performance.



* Past performance does not guarantee future results.



* You cannot invest directly in an index.



* Consult your financial professional before making any investment decision.



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