OREANDA-NEWS. September 17, 2015. MetLife, Inc. today announced that it expects to record a non-cash
charge to operating earnings* and net income of \\$792 million, after tax,
or \\$0.70 per share*, during the third quarter of 2015, related to the
tax treatment of a wholly-owned U.K. investment subsidiary of
Metropolitan Life Insurance Company (MLIC).
This charge, which is being recorded under accounting guidance for the
recognition of tax uncertainties, is the result of the company’s
consideration of recent decisions of the U.S. Court of Appeals for the
Second Circuit upholding the disallowance of foreign tax credits claimed
by other corporate entities not affiliated with the company. The
company’s action relates to tax years 2000 to 2009, during which MLIC, a
wholly-owned subsidiary of MetLife, Inc., held non-U.S. investments in
support of its life insurance business through a U.K. investment
subsidiary that was structured as a joint venture at the time.
On a statutory basis, the third quarter charge for MLIC will be \\$911
million, after tax. This charge has no impact on the previously
disclosed \\$1.2 billion of dividends permitted to be paid in 2015 by MLIC
without regulatory approval. We expect the impact to dividends permitted
to be paid in 2016 without regulatory approval to be a reduction of
approximately \\$90 million.
There has been no change in the company’s position on the disallowance
of its foreign tax credits by the Internal Revenue Service (IRS).
MetLife continues to contest the disallowance of these foreign tax
credits by the IRS as management believes the facts strongly support the
company’s position.
After the company records this charge in the third quarter, the company
does not expect any additional charges related to this matter.
About MetLife
MetLife, Inc. (NYSE:MET), through its subsidiaries and affiliates
(“MetLife”), is one of the largest life insurance companies in the
world. Founded in 1868, MetLife is a global provider of life insurance,
annuities, employee benefits and asset management. Serving approximately
100 million customers, MetLife has operations in nearly 50 countries and
holds leading market positions in the United States, Japan, Latin
America, Asia, Europe and the Middle East. For more information, visit www.metlife.com.
* Non-GAAP and Other Financial Disclosures
Any references in this news release (except in this section) to net
income (loss), net income (loss) per share, operating earnings and
operating earnings per share should be read as net income (loss)
available to MetLife, Inc.’s common shareholders, net income (loss)
available to MetLife, Inc.’s common shareholders per diluted common
share, operating earnings available to common shareholders and operating
earnings available to common shareholders per diluted common share,
respectively.
Operating earnings is the measure of segment profit or loss that MetLife
uses to evaluate segment performance and allocate resources. Consistent
with accounting principles generally accepted in the United States of
America (GAAP) accounting guidance for segment reporting, operating
earnings is MetLife’s measure of segment performance. Operating earnings
is also a measure by which MetLife senior management’s and many other
employees’ performance is evaluated for the purposes of determining
their compensation under applicable compensation plans.
Operating earnings is defined as operating revenues less operating
expenses, both net of income tax. Operating earnings available to common
shareholders is defined as operating earnings less preferred stock
dividends.
Operating revenues and operating expenses exclude results of
discontinued operations and other businesses that have been or will be
sold or exited by MetLife and are referred to as divested businesses.
Operating revenues also excludes net investment gains (losses) (NIGL)
and net derivative gains (losses) (NDGL). Operating expenses also
excludes goodwill impairments.
The following additional adjustments are made to GAAP revenues, in the
line items indicated, in calculating operating revenues:
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Universal life and investment-type product policy fees excludes the
amortization of unearned revenue related to NIGL and NDGL and
certain variable annuity guaranteed minimum income benefits (GMIB)
fees (GMIB fees);
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Net investment income: (i) includes amounts for scheduled periodic
settlement payments and amortization of premium on derivatives that
are hedges of investments or that are used to replicate certain
investments but do not qualify for hedge accounting treatment, (ii)
includes income from discontinued real estate operations, (iii)
excludes post-tax operating earnings adjustments relating to
insurance joint ventures accounted for under the equity method, (iv)
excludes certain amounts related to contractholder-directed
unit-linked investments, and (v) excludes certain amounts related to
securitization entities that are variable interest entities (VIEs)
consolidated under GAAP; and
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Other revenues are adjusted for settlements of foreign currency
earnings hedges.
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The following additional adjustments are made to GAAP expenses, in the
line items indicated, in calculating operating expenses:
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Policyholder benefits and claims and policyholder dividends
excludes: (i) changes in the policyholder dividend obligation
related to NIGL and NDGL, (ii) inflation-indexed benefit adjustments
associated with contracts backed by inflation-indexed investments
and amounts associated with periodic crediting rate adjustments
based on the total return of a contractually referenced pool of
assets and other pass through adjustments, (iii) benefits and
hedging costs related to GMIBs (GMIB costs), and (iv) market value
adjustments associated with surrenders or terminations of contracts
(Market value adjustments);
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Interest credited to policyholder account balances includes
adjustments for scheduled periodic settlement payments and
amortization of premium on derivatives that are hedges of
policyholder account balances but do not qualify for hedge
accounting treatment and excludes amounts related to net investment
income earned on contractholder-directed unit-linked investments;
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Amortization of DAC and value of business acquired (VOBA) excludes
amounts related to: (i) NIGL and NDGL, (ii) GMIB fees and GMIB costs
and (iii) Market value adjustments;
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Amortization of negative VOBA excludes amounts related to Market
value adjustments;
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Interest expense on debt excludes certain amounts related to
securitization entities that are VIEs consolidated under GAAP; and
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Other expenses excludes costs related to: (i) noncontrolling
interests, (ii) implementation of new insurance regulatory
requirements, and (iii) acquisition and integration costs.
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Operating earnings also excludes the recognition of certain contingent
assets and liabilities that could not be recognized at acquisition or
adjusted for during the measurement period under GAAP business
combination accounting guidance. In addition to the tax impact of the
adjustments mentioned above, provision for income tax (expense) benefit
also includes the impact related to the timing of certain tax credits,
as well as certain tax reforms.
MetLife believes the presentation of operating earnings and operating
earnings available to common shareholders as MetLife measures it for
management purposes enhances the understanding of the company’s
performance by highlighting the results of operations and the underlying
profitability drivers of the business. Operating revenues, operating
expenses, operating earnings, operating earnings available to common
shareholders, operating earnings available to common shareholders per
diluted common share, investment portfolio gains (losses) and derivative
gains (losses) should not be viewed as substitutes for the following
financial measures calculated in accordance with GAAP: GAAP revenues,
GAAP expenses, income (loss) from continuing operations, net of income
tax, net income (loss) available to MetLife, Inc.’s common shareholders,
net income (loss) available to MetLife, Inc.’s common shareholders per
diluted common share, net investment gains (losses) and net derivative
gains (losses), respectively.
Forward-Looking Statements
This news release may contain or incorporate by reference information
that includes or is based upon forward-looking statements within the
meaning of the Private Securities Litigation Reform Act of 1995.
Forward-looking statements give expectations or forecasts of future
events. These statements can be identified by the fact that they do not
relate strictly to historical or current facts. They use words such as
“anticipate,” “estimate,” “expect,” “project,” “intend,” “plan,”
“believe” and other words and terms of similar meaning, or are tied to
future periods, in connection with a discussion of future operating or
financial performance. In particular, these include statements relating
to future actions, prospective services or products, future performance
or results of current and anticipated services or products, sales
efforts, expenses, the outcome of contingencies such as legal
proceedings, trends in operations and financial results.
Any or all forward-looking statements may turn out to be wrong. They can
be affected by inaccurate assumptions or by known or unknown risks and
uncertainties. Many such factors will be important in determining the
actual future results of MetLife, Inc., its subsidiaries and affiliates.
These statements are based on current expectations and the current
economic environment. They involve a number of risks and uncertainties
that are difficult to predict. These statements are not guarantees of
future performance. Actual results could differ materially from those
expressed or implied in the forward-looking statements. Risks,
uncertainties, and other factors that might cause such differences
include the risks, uncertainties and other factors identified in
MetLife, Inc.’s filings with the U.S. Securities and Exchange
Commission. These factors include: (1) difficult conditions in the
global capital markets; (2) increased volatility and disruption of the
capital and credit markets, which may affect our ability to meet
liquidity needs and access capital, including through our credit
facilities, generate fee income and market-related revenue and finance
statutory reserve requirements and may require us to pledge collateral
or make payments related to declines in value of specified assets,
including assets supporting risks ceded to certain of our captive
reinsurers or hedging arrangements associated with those risks;
(3) exposure to financial and capital market risks, including as a
result of the disruption in Europe and possible withdrawal of one or
more countries from the Euro zone; (4) impact of comprehensive financial
services regulation reform on us, as a non-bank systemically important
financial institution, or otherwise; (5) numerous rulemaking initiatives
required or permitted by the Dodd-Frank Wall Street Reform and Consumer
Protection Act which may impact how we conduct our business, including
those compelling the liquidation of certain financial institutions;
(6) regulatory, legislative or tax changes relating to our insurance,
international, or other operations that may affect the cost of, or
demand for, our products or services, or increase the cost or
administrative burdens of providing benefits to employees; (7) adverse
results or other consequences from litigation, arbitration or regulatory
investigations; (8) potential liquidity and other risks resulting from
our participation in a securities lending program and other
transactions; (9) investment losses and defaults, and changes to
investment valuations; (10) changes in assumptions related to investment
valuations, deferred policy acquisition costs, deferred sales
inducements, value of business acquired or goodwill; (11) impairments of
goodwill and realized losses or market value impairments to illiquid
assets; (12) defaults on our mortgage loans; (13) the defaults or
deteriorating credit of other financial institutions that could
adversely affect us; (14) economic, political, legal, currency and other
risks relating to our international operations, including with respect
to fluctuations of exchange rates; (15) downgrades in our claims paying
ability, financial strength or credit ratings; (16) a deterioration in
the experience of the “closed block” established in connection with the
reorganization of Metropolitan Life Insurance Company; (17) availability
and effectiveness of reinsurance or indemnification arrangements, as
well as any default or failure of counterparties to perform;
(18) differences between actual claims experience and underwriting and
reserving assumptions; (19) ineffectiveness of risk management policies
and procedures; (20) catastrophe losses; (21) increasing cost and
limited market capacity for statutory life insurance reserve financings;
(22) heightened competition, including with respect to pricing, entry of
new competitors, consolidation of distributors, the development of new
products by new and existing competitors, and for personnel;
(23) exposure to losses related to variable annuity guarantee benefits,
including from significant and sustained downturns or extreme volatility
in equity markets, reduced interest rates, unanticipated policyholder
behavior, mortality or longevity, and the adjustment for nonperformance
risk; (24) our ability to address difficulties, unforeseen liabilities,
asset impairments, or rating agency actions arising from business
acquisitions and integrating and managing the growth of such acquired
businesses, or arising from dispositions of businesses or legal entity
reorganizations; (25) regulatory and other restrictions affecting
MetLife, Inc.’s ability to pay dividends and repurchase common stock;
(26) MetLife, Inc.’s primary reliance, as a holding company, on
dividends from its subsidiaries to meet debt payment obligations and the
applicable regulatory restrictions on the ability of the subsidiaries to
pay such dividends; (27) the possibility that MetLife, Inc.’s Board of
Directors may influence the outcome of stockholder votes through the
voting provisions of the MetLife Policyholder Trust; (28) changes in
accounting standards, practices and/or policies; (29) increased expenses
relating to pension and postretirement benefit plans, as well as health
care and other employee benefits; (30) inability to protect our
intellectual property rights or claims of infringement of the
intellectual property rights of others; (31) inability to attract and
retain sales representatives; (32) provisions of laws and our
incorporation documents may delay, deter or prevent takeovers and
corporate combinations involving MetLife; (33) the effects of business
disruption or economic contraction due to disasters such as terrorist
attacks, cyberattacks, other hostilities, or natural catastrophes,
including any related impact on the value of our investment portfolio,
our disaster recovery systems, cyber- or other information security
systems and management continuity planning; (34) the effectiveness of
our programs and practices in avoiding giving our associates incentives
to take excessive risks; and (35) other risks and uncertainties
described from time to time in MetLife, Inc.’s filings with the U.S.
Securities and Exchange Commission.
MetLife, Inc. does not undertake any obligation to publicly correct or
update any forward-looking statement if MetLife, Inc. later becomes
aware that such statement is not likely to be achieved. Please consult
any further disclosures MetLife, Inc. makes on related subjects in
reports to the U.S. Securities and Exchange Commission.
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