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DoL releases “interim guidance” on electronic delivery of disclosures

The Department of Labor issued the following release offering guidance on electronic disclosure of plan and investment information to retirement plan participants:

A year after publishing disclosure requirements for participant-directed retirement plans, the U.S. Department of Labor (DOL) has issued interim guidance regarding electronic delivery of the disclosures.

The participant-directed plan disclosure rule establishes new requirements for the disclosure of general plan-related information, and investment-related information, to plan participants and beneficiaries who are permitted to direct investments for their retirement plan accounts.

The rule applies to plan years beginning on or after November 1, 2011, although the earliest date on which disclosures will have to be made under a transition rule is May 31, 2012 (which is the applicable date for calendar-year plans).

Two approaches

In view of the upcoming applicability date of the new disclosure rule, DOL recognized that some form of interim relief would be necessary since it is unlikely to provide final regulatory guidance until after the applicability date. The interim relief, contained in Technical Release 2011-03 (released on September 13, 2011, in conjunction with a webinar on the disclosure rule), provides two approaches.

The first approach is available for disclosures that are included in a pension benefit statement, which can only be the case for “plan-related” information (“investment-related” information cannot be provided as part of a benefit statement). These may be furnished in the same manner that the other information in the same pension benefit statement is furnished. This permits the use of a secure continuous access website, in accordance with DOL’s prior good-faith compliance standard for the provision of benefit statements. No affirmative approval is required.

The second approach is available for disclosures that are not included in a pension benefit statement. There are two options. The first is to use DOL’s existing safe harbor rule, which, as described above, requires affirmative consent from participants who do not have workplace computer access. The second is an interim procedure using a modified affirmative consent approach, which is available pending further guidance.

The interim procedure requires the following:

1. The participant is provided with an “initial notice” that describes the voluntary nature of providing an email address for electronic delivery purposes (see next paragraph), the consequence of disclosure being made electronically, the information that will be furnished electronically and how it can be accessed, the availability of a paper copy, the ability to opt out of electronic delivery at any time, and the procedure for updating the email address.

2. In response to the “initial notice” described above, the participant voluntarily provides an email address for purposes of receiving these disclosures.

  • DOL emphasized that “voluntary” means “voluntary.” For example, the email address cannot be required as a condition of employment, nor can the employer’s assignment to the participant of an email address be considered “voluntary” for this purpose. However, if the participant is required to provide an email address to obtain secure continuous website access to pension benefit statements, that would be considered sufficiently voluntary for this purpose.
  • DOL has provided a limited exception to the “voluntary” requirement through a “special transition provision,” available at the time the first initial disclosures are required under the participant disclosure rule. Under this provision, if the employer, plan sponsor, or administrator has an email address on file for a participant (subject to certain limitations), it can treat the initial notice and voluntary requirements as satisfied if an initial notice, containing most of the information described in section 1 above, is furnished to the participant in paper form (or by email if there is evidence of electronic interaction between the plan and the participant within the last 12 months (DOL gave examples of what would meet this requirement)), no earlier than 90 days or later than 30 days prior to the date of the first initial disclosures required under the new disclosure rule (e.g.,May 31, 2012 for calendar-year plans).

3. The participant is provided with an “annual notice” containing most of the same information as the initial notice, including the ability to opt out. The annual notice must be furnished in paper form unless there is evidence that the participant has interacted electronically with the plan since the last annual (or initial) notice was provided.

4. The plan administrator takes “appropriate and necessary measures reasonably calculated to ensure that the electronic delivery system results in actual receipt of transmitted information.” For example, the plan administrator could use a “return receipt” or “notice of undelivered electronic mail” feature or conduct periodic reviews or surveys to confirm receipt.

5. The plan administrator takes appropriate and necessary measures reasonably calculated to ensure that the electronic system protects the confidentiality of personal information.

6. Notices are written in a manner calculated to be understood by the average participant.

DOL cautioned that this guidance has the effect of a “no enforcement” policy, and does not necessarily affect the rights or obligations of other parties. This appears to mean that there is no assurance these standards would apply in the event of a participant lawsuit claiming a failure to provide the required disclosures.

Striking a balance

The DOL guidance attempts to strike a balance between the opposing concerns raised by the comments. The plan sponsor community generally asked for a “negative consent” approach, whereby a plan administrator could deliver disclosures electronically unless the participant opts out; the other side asked for stronger affirmative consent requirements before permitting electronic delivery.

The interim approach does not go as far as a negative consent approach, still requiring some form of affirmative consent, but provides limited special rules that describe circumstances where affirmative consent can be inferred. The issue for plan sponsors and administrators is to determine the extent to which these limited special rules are available to their plan participant populations.

There will likely be further discussion of electronic delivery issues as DOL progresses toward its goal of modifying its existing safe harbor rule. The experience of plans using the approaches described in the current guidance is likely to influence the direction of those further changes.

The Bucket

Vanguard and Ascensus to provide 401(k) plans to small companies

Vanguard, the low-cost investment provider, said that it will partner with Ascensus, a recordkeeper and administrator of small retirement plans, to offer bundled services for 401(k) and profit-sharing plans with assets of $20 million or less.

The service is expected to launch in the fourth quarter with “all-in” plan costs—total investment and recordkeeping costs—anticipated to be among the lowest in the industry, Vanguard said in a release.

“The new service will include funds, recordkeeping, call center services, compliance testing, participant education, and optional services such as participant advice, self-directed brokerage, and trustee services,” the release said.

Vanguard received the top ranking for overall satisfaction as well as satisfaction with investment performance and value for cost from plan sponsors in Boston Research Group’s 2010 Plan Sponsor Satisfaction and Loyalty Study.

Ascensus was ranked No. 1 in favorable impression of micro-plan providers in a Cogent survey published in June 2011.

 

Investors with guaranteed income stick with equities: Prudential   

Almost nine out of ten (84% of respondents in a new Prudential survey (2006 to 2011: Changing Attitudes About Retirement Income) indicated that if they had a retirement investment product with guaranteed income they would likely stay in the stock market through short-term losses, and 76% said that they would stay invested for the longer-term.

The two measures are higher than comparable survey results in 2006, by 10 and four percentage points respectively.

The new survey showed that Americans are more worried about retirement investment strategies now than five years ago.  Almost 60% are concerned about how much income they will need in retirement; 56% wonder if their investment strategy is right for their retirement needs (up 11% from 2006), and 68% are more cautious than ever.  About 73% worry about a significant decline in the stock market immediately before or after their retirement. 

Almost half (47%) hesitate to invest more in the market despite future growth opportunities.  Sixty percent feel that investing too aggressively is riskier than investing too conservatively, up nine percent from 2006.  More than 80% are concerned about inflation.  

Awareness of guaranteed retirement income products and strong interest in them seems to be up.  Three quarters of investors “find these products appealing” and 82% see them as “a valuable addition to their portfolio.”  More than half (52%) say that having stable income in retirement is a leading concern.  

The survey showed that investors value good advice; it also highlights a five-year trend toward self-reliance. While 48% “want guidance on the financial issues” the 32% now call themselves do-it-yourself investors, up from 23% in 2009, and 78% “hold themselves more accountable for investment decisions.”

For the study, Prudential polled 1,001 Americans in an online survey from May 4 – 12, 2011. The study compared data on investors’ retirement planning attitudes and concerns, to similar studies conducted in 2009 and 2006.

The study’s participants are a national random sample of heads of mass affluent households selected from panelists in the Research Now U.S. Consumer Panel. Prudential targeted respondents considered to be “Retirement Red Zone Investors.”

The participants were primary or joint decision-maker for household financial decisions, between the ages of 45-75 with household income and investable assets of at least $100,000 ($50,000 income if retired) and retirement savings of at least $100,000. The study has a margin of error of ±3.1% at the 95% confidence level.

 

“We are the Tomorrow Makers,” says AEGON/Transamerica 

AEGON’s operations in North America are consolidating under the organization’s strongest retail brand: Transamerica, the company said. In conjunction with this realignment, Transamerica will highlight the realignment and “reintroduce” the brand with a new ad campaign.

The campaign, developed with the brand communications agency JWT, carries the slogan, “We Are the Tomorrow Makers.” The ads will run on TV, in consumer and trade publications, as well as in online media.

The first of a series of television spots depicts the interior of the Transamerica Pyramid in San Francisco as a “factory” where, together with sales representatives, Transamerica employees “work to make tomorrows for their customers.”

Other advertising spots focus on Transamerica’s core insurance, investments and retirement businesses.

 

UMAs will reach the mass market investor: Celent

In a new report, “The Future of Advice: The State of the UMA and the Mass Market,” Celent provides a status update on the UMA sector and points the microscope on developments in the mass affluent market segment.
UMA structures are not generally marketed to the mass affluent, since minimums are generally over US$250,000 in investable assets, out of the reach of much of the market. In addition, adopting a UMA is a big mental leap for most mass affluent investors and their advisors.
In 2011 UMA asset growth has not matched the most optimistic projections. However, despite these shortcomings, discount brokerages are increasingly supplying platforms to support UMA delivery to a wider audience of investors, including the mass affluent segment.
“Mass affluent investors will find the UMA account structure increasingly useful and appropriate,” said David Easthope, research director with Celent’s Capital Markets Group and author of the report. “Industry momentum, advisor education, marketing, and technology will all advance the UMA structure to a broader audience over time.”

 

GuidedChoice offers ‘reality check’ for DC participants

GuidedChoice, a provider of investment advice, managed account services, and strategic solutions for retirement plans and individuals, has launched Retirement Readiness, a personalized report that lets retirement plan participants gauge and improve their savings progress.

 “The new offering meets a need in the marketplace for a participant ‘reality check’ that is both extremely clear and immediately actionable,” the company said in a release.

The Retirement Readiness report reflects each participant’s own data, such as projected retirement income (in today’s dollars), savings rate, and portfolio diversification. It also suggests next-steps and provides access to professional advice and asset management through GuidedSavings.

The new offering is based on a pre-launch version already in use by employees at select Fortune 500 companies, and extends the service to third-party administrators whose plan sponsor clients in the past lacked the connectivity required to deliver live, personalized retirement plan information.

“It’s an extension of what we routinely do for record keepers,” said Dave Bernard, GuidedChoice executive vice president of Strategic Relationships. “Only plans served by large record keepers have had access to this kind of product, and that left a lot of plans and participants out in the cold.”

 

Milliman and EagleEye Analytics extend partnership

Milliman, Inc., the actuarial consulting firm, premier global consulting and actuarial firm, announced the next phase in an alliance with EagleEye Analytics, which provides “predictive analytics” to the insurance industry. The co-venture will provide data intended to enhance the profits of life insurers and property & casualty insurers.

Milliman’s consulting services and analytic software from EagleEye’s analytic software can be used by companies “to improve strategies for growth, identify underperforming segments, and develop priorities for re-underwriting or rate actions,” the companies said in a release.  

 

Barron’s includes five LPL Financial advisors in its “Top 100” list

Five advisors associated with independent broker-dealer LPL Financial were among the “Top 100 Independent Financial Advisors” recently chosen by Barron’s, the financial magazine. 

The magazine rates retail financial advisors in U.S. on the basis of assets under management, revenues generated and “the quality and strength of the advisor’s overall practice,” said LPL in a release.

The LPL Financial advisors were:

  • Ron Carson (ranked eighth) is founder and CEO of Carson Wealth Management Group ($3.1 billion in AUM) of Omaha, Nebraska.   
  • John Waldron (ranked 21st) is founder and CEO of Waldron Wealth Management ($2.4 billion in AUM) of Pittsburgh, Pennsylvania. 
  • Charles Zhang (ranked 37th) is managing partner of Zhang Financial ($1.3 billion in AUM) of Portage, Michigan.
  • Susan Kaplan (ranked 41st) is president of Kaplan Financial Services ($1.3 billion in AUM) of Newton, Massachusetts.
  • Robert Fragasso (ranked 97th) is chairman and CEO of Fragasso Financial Advisors ($750 million in AUM) of Pittsburgh, Pennsylvania. 

 

California age-in-place “villages” to get $1.3 million in grants  

The Archstone Foundation, a Long Beach, Calif.-based charity that helps older Americans, has granted $1.3 million for the expansion of “Villages” in California where older adults “can age in place with maximum independence and dignity.”

Villages are self-governing, membership driven, non-profit organizations run by small staffs and volunteers working together to build welcoming communities, provide social supports, and coordinate affordable services, including transportation, in-home medical care, home repairs and other day-to-day needs for elderly people wishing to remain in their home and communities.

The first Village was the Beacon Hill Village in Boston, set up in 2001. Currently, eight Villages have opened in California and 21 more are in development. Nationally, 55 Villages are operating and 120 more are in various stages of development, the Foundation said in a release.

Villages supported by these grants will receive training in business planning, marketing, sustaining growth and viability, creating and managing strategic partnerships, and designing member programs, services, and benefits.

The grants “represent an investment in Creating Aging Friendly Communities through the Expansion of Villages, which seeks to further understand and document the varying village models being developed,” Archstone Foundation said in a release. 

 

Fidelity collects $17 billion in first half of 2011

Fidelity Investments reported it has received defined contribution (DC) commitments representing 315,000 participants, 269 plans and $17 billion in assets under administration in the first half of 2011, strengthening its lead position in the industry.

More than $15 billion were a result of new clients to Fidelity, with the remaining $2 billion from merger and acquisition activity with existing clients. Fidelity also announced that it is seeing robust sales commitments for 2012, which have already exceeded more than $6 billion.

Fidelity reported significant increases in sales in the emerging, mid, large and tax- exempt markets. Tax-exempt sales, in particular, rose significantly over last year as Fidelity continued to make investments in this sector to support health care and higher education markets as they looked to consolidate providers.

In addition, corporate market sales were up from the prior year as Fidelity honed in on several industries including professional services.

Fidelity Investments had $3.4 assets under administration, including managed assets of more than $1.5 trillion, as of August 31, 2011.  

Cash balance pension for uncovered workers proposed

The director of a trade association for public sector pension funds has proposed a new type of retirement plan to give private sector workers who aren’t in a pension plan a guaranteed lifetime income.

“We are proposing a new alternative, a modification of the cash balance pension model, to address the retirement security crisis that faces the private sector,” said Hank Kim, executive director and counsel for the National Conference on Public Employee Retirement Systems, or NCPERS.

The proposed Secure Choice Pension (SCP) would “provide the flexibility and portability that the increasingly mobile private work force needs, while spreading investment risks and costs over large pools of plan participants and employers,” said NCPERS in a release.

As the proposal, each state would establish its own SCP, to be administered by a board of trustees made up of public and private representatives. Private sector employers would join an SCP, allowing their employees to participate in that SCP.

Participating employers and employees would both make regular contributions to the SCP.  SCPs would give participants the lower costs, efficiencies, economies of scale and professional money management of a large pension plan.   

At retirement, the SCP would provide participants with a guaranteed minimum retirement income, but the SCP’s trustees could declare a “dividend” during a strong economy that would increase that benefit.

“At best, most private sector employees have only two of the three legs of the retirement stool. They have Social Security and some have personal savings, which includes 401(k)s. SCPs are a way to bring back the third leg of the stool for those workers who currently don’t have a pension,” Kim said.  

NCPERS’ full proposal for the Secure Choice Plan is available at www.retirementsecurityforall.org.

©  2011 RIJ Publishing LLC. All rights reserved.

Big 403(b) providers becoming bigger

Government regulation and more transparent fee reporting are driving both innovation and consolidation in the 403(b) retirement plan market, according to Retirement Research Inc., a Connecticut-based consulting firm.

“Consolidation has allowed the major players to fully leverage their brand,” the firm said in a release. “Fidelity, ING, TIAA-CREF and VALIC continued to solidify their positions in the marketplace—the big became bigger. We expect bundled providers to continue promoting the benefits of a single vendor as a means of streamlining recordkeeping and administration and reducing administrative fees.”

Service Model

 

Single Provider

Multiple Provider

 

Diversified

AXA

 

Hartford

Fidelity*

 

Great-West

ING

 

MassMutual

Lincoln

 

MetLife

Prudential

 

OneAmerica

VALIC

 

Principal

 

 

TIAA-CREF

 

*Case by case.
Source: RRI Proprietary Data.

 

According to the release, “the new rules are making 403(b) plan sponsors increasingly aware of their heightened fiduciary exposure.  They may also help reduce plan fees. Since the new rules went into effect, more employers have also joined consortia to boost buying power and lower costs.”

RRI managing principal Ron Bush said, “Because of the dramatic and rapid necessity for regulatory compliance regulations, in an unprecedented spirit of cooperation, 403(b) providers, advisors and TPAs began to work cooperatively to avoid what could have become a nightmare.”    

RRI expects bundled providers to create triage teams that will become expert at corrections that arise. “Eventually, non-ERISA plans will cease to exist. For most plan sponsors, making sure that they are not acting in any administrative capacity will end up being more work than to simply comply,” said Aleida Herzog, RRI Director of Tax-Exempt Markets.

Retirement Research Inc. offers profiles of leading providers and products in the defined contribution market, interactive web-based competitive analysis tools covering both product and investment platforms, topical research reports and research-based consulting services.

RRI’s 403(b) Market Overview  is available for sale from the company.

Investment Myths Debunked

Retirement strategies were major topics at the FPA Experience 2011 conference in San Diego last week, with hundreds of advisors turning out for slide presentations on systematic withdrawal, the pros and cons of annuities, and tax-savvy distribution tactics.

A highly entertaining session—one that was aimed at debunking conventional investment wisdom—was presented by Rod Greenshields (pictured above) of Russell Investments. Its unassuming title—“Retirement Investing Insights: Building Personalized, Robust and Flexible Strategies”—gave little hint of what he would say.

Among other things, Greenshields contested the orthodoxies that time reduces portfolio risk and that a retiree’s biggest worry is the risk of portfolio failure. His slides suggested that time magnifies the variation of cumulative returns and that the magnitude of portfolio shortfall in retirement deserves more attention than the probability of shortfall.   

Greenshields described annualized returns, for instance, as a “fiction.” The averaging of annual returns merely allows stock market upswings and downswings to cancel each other out and make it seem that a buy-and-hold strategy eliminates equity risk, he said. He showed in a slide that, starting from any given year, the possible annual returns of a 60% equity/40% bond portfolio converge to a range of about 10% after 20 years.     

But “no one gets annualized returns,” Greenshields said. Instead, investors get cumulative returns, and these tend to diverge with the length of the holding period. In a second slide, he showed that, after 15 years from any given year, possible cumulative returns from a 60/40 portfolio expand to a range of over 400% after 20 years. “Time magnifies risk,” he said. “It doesn’t magically make risk disappear.”

Politely assailing other common misconceptions, Greenshields asserted that “the retirement risk tolerance questionnaire is dead” as a client assessment tool. Instead, advisors should gauge their clients’ risk capacity by mapping their assets to their liabilities and determining, as a pension fund manager might, their “funded ratio” and the size of a potential surplus or shortfall.

Greenfields challenged the conventional wisdom that equities are essential to reducing the risk of portfolio ruin (exhaustion of assets prior to death) for retirees by showing that a high-stock portfolio is more likely to produce a larger (and therefore more painful) shortfall than a high-bond portfolio. Both considerations are important.   

In one slide, for instance, he showed that, over a 20-year liquidity horizon, at an inflation-adjusted withdrawal rate of 6%, portfolios of 100%, 80% or 60% equities had a “probability of shortfall” of about 60%, 64% and 70%, respectively. By comparison, portfolios with bond allocations of 100%, 80% and 60% had shortfall probabilities of about 100%, 95% and 80%, respectively.

In a subsequent slide, however, Greenshields showed that “total shortfall” is greater with greater equity allocations. At a 6% inflation-adjusted withdrawal rate, an all-stock portfolio could produce a maximum shortfall (from initial wealth) of about 77% over a 20-year liquidity horizon. All else being equal, the maximum shortfall for an all-bond portfolio would be about 56%. In short, the notion of “stocks for the long-run” doesn’t apply blindly in retirement. 

Greenshields did not recommend annuities as a retirement drawdown tool. He said he preferred basic systematic withdrawal to “esoteric” strategies. But he suggested that advisors use the price of an income annuity (available at www.immediateannuities.com, he said) to help clients see if their assets were in surplus—that is, greater than the price an annuity that would pay them an income great enough to meet their basic retirement spending needs.

© 2011 RIJ Publishing LLC. All rights reserved.

Change of government shapes Danish pension reform

Denmark’s new left-leaning Social Democrat-led government is expected to let the retirement reform measures of its more conservative predecessor pass through parliament, including an increase in the retirement age.

But the new coalition is expected to make its own changes to the pension laws, notably by limiting tax-favored contributions to plans, IPE.com reported.

One retirement reform proposal already in the works would shorten the period during which people could take their early-retirement pension to three years from five, said a statement from Danica Pension, a unit of Danske Bank and Denmark’s leading life and pension company. 

Both the Social Democrats and the Socialist People’s Party have pledged to limit tax-free pension contributions to DKK100,000 (€13,000) a year, while the Social-Liberal Party favored a higher limit of DKK150,000. No ceiling currently exists.

Danica Pension told its customers that 2011 could therefore be the final year before their contribution allowance was reduced.

The Social Democrats and Socialist People’s Party may also introduce a 0.25% tax on stock transactions. Members of the Social Democrat-led coalition have also discussed allowing Danish pensions institutions to become commercial lenders.

Meanwhile, the Danish Insurance Association (Forsikring & Pension) objected to the projected changes.

“A new pension ceiling will create insecurity and a lack of transparency. It will dent the incentive to save, without seriously ensuring more money for the state,” managing director Per Bremer Rasmussen said.

The incoming coalition government, the so-called ‘red bloc’, includes the Social Democrats, the Socialist People’s Party, the centrist Social-Liberal Party and the left-wing Red-Green Alliance.

The outgoing ‘blue bloc’ in the Danish parliament includes the Liberal Party of former prime minister Lars Løkke Rasmussen and the Danish People’s Party.   

© 2011 RIJ Publishing LLC. All rights reserved.

No-Shows at the Trade Show

While exploring the dozens of booths at the Financial Planning Association’s Experience 2011 conference and trade show at the San Diego Convention Center last week, I didn’t see a single exhibit sponsored by an annuity issuer.

To be more precise: companies that issue or market annuities had booths, but not for their annuity businesses. MetLife sponsored a booth for its reverse mortgage business. Allianz had one for its Global Investors asset management business. Ameriprise, Lincoln Financial, Nationwide Financial and New York Life all had booths—but for their investment businesses, not their annuity businesses.

That was mildly surprising. Annuity issuers have long stressed the importance of proselytizing to advisors. Independent advisors bring in about one in three variable annuity contract dollars, according to Morningstar. Advisors control access to the end-client. So why weren’t the life insurers here in balmy San Diego, courting their top constituency?

Conference attendees were clearly curious about retirement distribution. This year the FPA classified its breakout sessions according to seven themes, called Community Education Tracks. The sessions in the “Longevity and Retirement Planning” track were among the most heavily attended and were often held in the biggest halls.

Hundreds if not over a thousand advisors listened to David Blanchett’s annuity-rich talk about “Making Retirement Income Work,” and to Ron Kessler’s presentation on “Retirement Drawdown Strategies to Optimize Your After-Tax Cashflow” and to Rod Greenshield’s session on “Retirement Investing Insights.” 

Because I (and probably many other attendees) had to catch a departing plane before three last-day presentations, John L. Olsen’s “Intelligent and Suitable Uses of Annuities in Retirement Income Planning” and Kevin Seibert’s double-feature on “Retirement Income Planning for the Middle-Mass and Mass-Affluent Markets, Parts 1 and 2,” I can’t say exactly how popular they were.

The inclusion of so many retirement income-related presentations in the program was evidence that the FPA itself believes that the topic deserves attention and presumably reflected advisors’ appetite for decumulation strategies.

So, with so much support from the FPA and its presenters, why weren’t the annuity issuers there in force?

Clearly, advisors need more information about annuities and about the nuances of incorporating annuities into retirement plans. Judging by the fairly elementary content of David Blanchett’s presentation, and by the content of John Olsen’s slides, advisors are still learning the basics about annuities.

Sadly, they’re also still learning some of the wrong basics. It was disappointing to hear Mr. Blanchett use a single life-only contract as the only example in his discussion of the internal rates of return of single-premium immediate income annuities in general. You could hear a collective groan from the audience at a slide showing the potential negative return of a SPIA if the owner/annuitant died shortly after purchase.

This perpetuation of the “hit by a bus” myth must frustrate SPIA issuers. Sure, you lose all your money if you buy a single life-only contract and die shortly after. But how many people make the mistake of buying a single-life only contract? At TIAA-CREF, for instance, participants who annuitize generally buy life-with-period-certain that return most or all principal. According to New York Life, many or most of its contracts are sold with a cash-refund, which means the beneficiaries receive the unpaid principal.

It would have been refreshing to hear a speaker transcend annuity basics, and to hear about the way annuities can relieve hoarding by retirees, or allow retirees to spend or invest their other assets more freely, or about the “alpha” that mortality pooling can provide, or about the new risk-reducing strategies behind variable annuity investment options.

Someone should tell advisors that instead of spending endless hours trying to calculate (or guess) how much their clients can afford to spend in retirement, given this or that asset allocation, they can pay an insurance company to take some or all of the longevity risk off the table. Maybe next year.  

© 2011 RIJ Publishing LLC. All rights reserved.

Political Football

The Department of Labor’s Employee Benefit Security Administration, citing a need for  “more input,” has decided to modify and resubmit its nearly year-old proposal to toughen regulations that discourage conflicts of interest among those who both sell products and provide investment guidance to retirement plan participants or IRA holders.

In a release this week, the agency said that its re-proposal, for which no date has been set, would include a cost-benefit analysis of the proposal’s industry impact and would:

  • Clarify that fiduciary advice is limited to individualized advice directed to specific parties.
  • Respond to concerns about the application of the regulation to routine appraisal.
  • Clarify the limits of the rule’s application to arm’s length commercial transactions, such as swap transactions.
  • Introduce exemptions addressing concerns about the impact of the new regulation on the current fee practices of brokers and advisers.
  • Clarify the continued applicability of exemptions that have long been in existence that allow brokers to receive commissions in connection with mutual funds, stocks and insurance products.
  • Craft new or amended exemptions that preserve beneficial fee practices while protecting plan participants and individual retirement account owners from abusive practices and conflicted advice.

In the wake of the DoL’s announcement, observers were left guessing as to the meaning of the sudden postponement of a regulatory action that started last year as a move to stop brokers and advisors from recommending investment options that enriched themselves but increased the costs of 401(k) participants and IRA owners.

“Investment advisers shouldn’t be able to steer retirees, workers, small businesses and others into investments that benefit the advisers at the expense of their clients. The consumer’s retirement security must come first,” said the DoL’s September 19 release temporarily withdrawing the proposal. 

But the proposal has become, especially since the Republicans gained a majority in the House of Representatives in November 2010, a lightning rod for criticism. Industry players who have a vested interest in the status quo, their lobbyists and trade organizations, and conservative opponents of federal regulations have all attacked it.

Eventually even Democrats abandoned the effort. Last Thursday, Rep. Barney Frank (D-MA), ranking member of the House Financial Services Committee, wrote a letter to Labor Secretary Hilda Solis to withdraw the proposed rule and “re-propose” it later. Some observers believe that that caused the DoL and Borzi, who had fended off heated questioning during Congressional hearings, to temporarily withdraw their proposal.

“One can only guess about the reason,” said ERISA attorney Fred Reish. “But an educated guess would be that [it] was the result of the controversy stirred up by the proposed regulation, the urgings of the financial services community—and particularly the insurance companies and the broker-dealers—to re-propose a new regulation and, most importantly the concerns raised by House members. I believe the re-proposal will address some of those concerns but still be similar to the original proposal.”

One fiduciary expert suggested Solis and Borzi may have withdrawn the proposal to relieve President Obama of a political albatross as he enters a tough re-election campaign with an already-diminished average approval rating (42% among adults; 77% among Democrats and 12% among Republicans, as of July 31, 2011, according to Gallup). 

“Borzi may possibly be caving to defer this until after the election next year. For all I know, Obama’s campaign may have said, take it off the table. She said something new will come out, but there’s no political support anywhere for it,” said Chris Carosa, chief contributor to Fiduciary News.com and president of Bullfinch Fund.

One of the financial industry groups to oppose the proposal was the American Council of Life Insurers. Its president and CEO, Dirk Kempthorne, published an advertorial in the Washington Post citing the EBSA proposal’s potential to drive up costs and “shake the foundations of a system that is working well at the very time when Americans need it most.”

“There were main areas of concern to us,” said ACLI spokesman Whit Cornman. “In the IRA space, the proposal would change the way business is done, but there was no economic analysis in it. Another issue was that there was no coordination with the SEC, which is seeking to harmonize the standard of care between brokers and advisors. The other area regarded prohibited transaction exemptions. When DoL first put out the new proposal, they didn’t include the new exemptions from prohibited transactions.”

In one sense, the controversy comes down to a difference of opinion over whether the current system of 401(k) and IRA advice is broken or not, and whether it needs to be fixed.

Blaine Aikin, president of fi360, a Pittsburgh-based organization that provides training for the Accredited Investment Fiduciary designation, thinks that it needs to be fixed—to close a gap in the law and to repair the public’s confidence in the financial industry.

“Under the existing definition, there are five parts, and all five parts have to apply for the broker or advisor to be considered a fiduciary,” Aikin said.  “The DoL has a heck of a time making a case or taking an enforcement action when they have five things to enforce. It’s a loophole that needs to be closed.”

He also believes that the financial industry should favor of stronger regulations, not oppose them. “We’ve had a financial crisis of the past few years, and loss of faith is an important dimension of that crisis. There’s a crisis of public confidence in financial providers. So we’re making a huge mistake in not applying the fiduciary standard. When people feel that the game is rigged, the music stops.”   

Chris Carosa worries that, even though Borzi promises a re-proposal, the administration may not get another opportunity for much-need reform.

“My fear is that [the proposal’s opponents] will bend or push this off the same way that the SEC pushed off the 12b-1 fee discussion. We have had several entry points to eliminate conflicts of interest, and they’re being picked off.  The [401(k)] fee disclosure proposal might be pushed back again too. If that happens, the investors will have lost.”

© 2011 RIJ Publishing LLC. All rights reserved.

The Bucket

Sweet deal: MassMutual to manage Godiva 401(k)

Godiva Chocolatier, Inc. has chosen MassMutual as the new retirement plan services provider for the company’s 401(k) and new nonqualified retirement plans. Godiva is headquartered in New York, N.Y., with production facilities in Belgium and the U.S.   

The Centurion Group, based in Plymouth Meeting, Pa., assisted Godiva with the search for a new retirement plan services provider.

 

Genworth names Amy Corbin CFO of Retirement and Protection  

Genworth Financial, Inc. has named Amy R. Corbin senior vice president and chief financial officer of its Retirement and Protection segment.  

Corbin, 44, joined Genworth in 2003 and has held a number of roles of increasing responsibility in financial management, most recently as Genworth’s controller and Principal Accounting Officer.

In her new role, she will provide overall financial leadership for the Retirement and Protection segment as well as financial and analytic expertise to drive consistent, profitable growth through Genworth’s commercial and capital allocation strategies.

Corbin received her Master’s of Science in Taxation and Bachelor’s Degree in Accounting at the University of Central Florida and is a Certified Public Accountant.  

While an internal and external search for Corbin’s replacement is conducted, she will also maintain her current responsibilities as Genworth’s Controller and Principal Accounting Officer.  

 

Morningstar reports U.S. mutual fund and ETF asset flows through August 2011

Morningstar, Inc. reported estimated U.S. mutual fund and exchange-traded fund asset flows through August 2011.

Redemptions from long-term mutual funds nearly doubled to approximately $32.5 billion in August after outflows of about $17.1 billion in July. August marked the most severe mutual fund outflows since November 2008. U.S. ETFs collected assets of just $947 million in August following July’s inflows of $17.2 billion. Although August’s inflows were meager, U.S. ETFs have realized only a single month of outflows in the trailing 12.

Additional highlights from Morningstar’s report on mutual fund flows:

  • Despite August market volatility, U.S.-stock outflows fell to $15.5 billion during the month after redemptions of $22.9 billion in July.
  • As an indication that risk aversion has spread to fixed income, investors pulled $12.0 billion from taxable-bond funds in August. Bank-loan and high-yield bond funds were hardest hit, with outflows of $7.3 billion and $5.1 billion, respectively.
  • With assets fleeing all of the major asset classes during August, investors found refuge of a sort in money market funds, which saw inflows of $74.8 billion. This total was the biggest monthly inflow for such funds since January 2009, and partially reversed June and July’s combined $150.0 billion in outflows.
  • Modest outflows continued for international-stock and balanced funds in August. The asset classes experienced respective outflows of $2.9 billion and $2.3 billion.

Additional highlights from Morningstar’s report on ETF flows:

  • U.S. stock ETFs, which typically drive overall ETF flows, saw inflows of just $394 million in August.
  • International-stock ETFs lost $5.5 billion during the month, the greatest outflow for any ETF asset class. This outflow also marks the largest monthly net redemption for international-stock ETFs in the past three years.
  • Taxable-bond offerings, which added another $4.3 billion in August, saw greater inflows than any of the other ETF asset classes during the month.
  • Commodities ETFs experienced outflows of nearly $2.0 billion in August.

 

In Europe, longevity index ETFs are discussed

Exchange-traded funds (ETFs) could be used for trading longevity once the market becomes sufficiently liquid, Deutsche Börse has suggested, according to a report from IPE.com.

Asked when the market would be liquid, Hendrik Rogge, who is responsible for the Deutsche Börse’s Xpect longevity indices, conceded it was a question Deutsche Börse would also like answered.

If liquidity develops, Rogge also told delegates at the Longevity Seven conference in longevity trading would be limited to ETF funds and future contracts, as regular trading would be impractical due to the monthly release of new data.

Introducing ETFs was a “possible solution” toward making longevity risk more tradable, he added, but that other stumbling blocks remained. For instance, it has been “hard to find a first mover” to commit to a first trade.

“I don’t think we will see day traders on longevity indices because changes occur on a monthly basis,” he said when asked about such a possibility. “It will be hard to find a day trader willing to trade within the days we publish these indices.”  

 

Nationwide Financial unveils Flexible Advantage

Nationwide Financial Services, Inc. has expanded its retirement plan offerings to include a new product, Nationwide Retirement Flexible Advantage, for use by retirement plan specialist advisors, most of whom receive fee-based compensation and who account for 70% of industry sales, up from 55% in 2005.   

The new package offers a range of investment options, no proprietary fund requirements, fee transparency, fee-based compensation and comprehensive support.  

The product’s features include:

  • More than 900 mutual funds from 90 fund families, along with fixed investment choices, including the Nationwide Bank FDIC Insured Deposit Account.
  • Several target date fund options, a self-directed brokerage account and managed accounts from multiple providers.
  • Several fee-based pricing options, including per participant, percent of assets or flat dollar fee-based pricing options, or commission compensation.
  • Upfront pricing so advisors can share expense information with their plan sponsor clients and participants. Flexible Advantage also offers Nationwide ClearCredit which enables Nationwide to lower overall plan costs.
  • Fiduciary tools and support designed to help give advisors and plan sponsors meet fiduciary responsibilities.
  • End-to-end sales support, plan reporting, participant education and an ERISA and regulatory online resource.   

AXA Equitable puts flexibility in its variable annuity roll-up

AXA Equitable Life has tweaked the terms of the income benefit rider of its Retirement Cornerstone variable annuity to adapt to today’s perplexing interest rate environment.  

The insurer announced today a special two-year rate hold on the deferral bonus roll-up and annual withdrawal rates on the benefit bases of its Retirement Cornerstone variable annuity’s optional guaranteed income benefit rider.

The rates now in effect and valid through Dec. 31, 2011, are a 6% deferral and a 5.5% withdrawal. New business contracts issued Sept. 1, 2011 and later receive the deferral bonus roll-up and withdrawal rates that are in effect at contract issue for two contract years.

The product’s roll-up benefit base is used to calculate Retirement Cornerstone’s guaranteed minimum benefit or annual withdrawal amount. During the special two-year rate hold period, the 6% deferral bonus roll-up rate compounds on the roll-up benefit base, until clients begin to take withdrawals. A 5.5% annual roll-up rate on benefit bases compounds after the first withdrawal, within the two-year period.

Beginning with the third contract year, the roll-up benefit bases will have roll-up rates tied to the current 10-year Treasury rate plus 1.5% and will renew annually. Once a contract holder begins taking withdrawals (known as the “income phase”), the annual roll-up rate is equal to the 10-year U.S. Treasury rate plus 1%. Both rates can be as high as 8% and will never be less than 4%.

© 2011 RIJ Publishing LLC. All rights reserved.

Americans prefer not to think about long-term care: Sun Life

Even though government data shows that 70% of older Americans will require help in bathing, dressing, or eating, fear and wishful thinking prevent many from planning for long-term care, according to a new report from Sun Life Financial.  

The second in a series of retirement pulse polls by Sun Life Financial, “Shut Your Eyes and Hope for The Best: American Attitudes Toward Long Term Care Planning,” surveyed both mainstream and affluent Americans age 50 and older.

The results include:

  • Over half of Americans aged 50 and older worry about long-term care costs, and only 16% feel prepared to finance their long-term care.
  • Median respondents don’t realize that based on conservative historical inflation rates, the cost of nursing home care could more than double by 2030. Conservative projections put long-term facility costs (currently averaging $85,000) at $190,000 in 2030.
  • Most people dread nursing homes. 83% of Americans age 50 and older (83%) would rather survive five years at home than 10 years in a nursing home.
  • 32% of respondents with a partner said they would have to be physically forced to enter a facility if their partner were living in a different facility.
  • Many respondents who have decided where they want to receive long-term care have not consulted key family members or advisors.

© 2011 RIJ Publishing LLC. All rights reserved.

The four best known, most admired DC investment managers

Only four defined contribution investment managers are well known and well-liked by plan sponsors, according to the results of a survey cited in Cogent Research’s new report, Retirement Planscape 2011.

Those four investment managers are:

  • Vanguard
  • Fidelity Investments
  • American Funds
  • T. Rowe Price

Vanguard pulled ahead of the group of 36 leading DC investment managers to score the highest in overall favorability. Fidelity was rated first in overall awareness.

These and other findings are addressed in Retirement Planscape 2011, a new study by Cogent Research based on a representative survey of 1,600 DC plan sponsors across all plan sizes and industries.

“It’s not enough for a DC investment manager to have high brand awareness,” says Christy White, Cogent Principal. “The essential ingredients are for a brand to be both well-known and well-liked.”

BlackRock, PIMCO, Wells Fargo, ING, and Oppenheimer, are respected by plan sponsors but fewer plan sponsors know about them, Cogent said. That represents an opportunity for growth.

“These firms have already succeeded in creating a favorable impression of their brand,” said Linda York, Research Director at Cogent Research. “What they need to do is move beyond being well-liked by a few to become more well-known among a broader audience of DC plan sponsors.”

“None of the major players find themselves in the position of being well-known and disliked…  The vast majority are struggling just to be known to plan sponsors, let alone to have effectively differentiated themselves,” White said.   

© 2011 RIJ Publishing LLC. All rights reserved.

The right savings rate? Russell has a rule-of-thumb

Russell Investments has proposed a new rule of thumb, which it calls Target Replacement Income 30 (TRI 30), to help defined contribution (DC) plan sponsors better answer the question “Are my participants saving enough?” and to re-design plans to improve participant behavior.

 “Describing one’s retirement savings rate in terms of target replacement income (TRI) can greatly simplify the retirement savings puzzle,” said Josh Cohen, defined contribution practice leader.

The savings rate suggested by Russell turns out to be higher than the 7% average participant deferral rate (for Vanguard plans) or the 10-11% that a survey by the Defined Contribution Institutional Investment Association recently showed that most plan sponsors recommend.

According to one example in a recent Russell report, “What’s the Right Savings Rate?” a person with a final pre-retirement income of $90,000 would need to replace 78% of that in retirement. If 36% of that came from Social Security, the remaining TRI would be 42% of $90,000. According to TRI 30, a participant would need to save 12.6% a year (combined deferral and match) each year for an entire career in order to have a 90% chance of achieving the replacement rate. 

How does Russell define “achieving the replacement rate?” According to its report, “We define success in meeting that goal as purchasing a nominal fixed annuity that provides the desired income replacement. We choose this method because it mitigates longevity risk, simplifying the ‘how much is enough?’ question.”

Russell also outlines additional considerations for determining an individual’s TRI in the paper, including the volatility of health care expenses and the challenges faced by lower-income participants.

 “Once a plan sponsor has decided on a reasonable TRI for their participants, the next step is to imbed that knowledge into the plan’s design through the company match and auto-features,” Cohen said.

Russell Investments has about $163 billion in assets under management (as of 6/30/11) and works with 2,300 institutional clients, and 530 independent distribution partners globally. As a consultant, Russell has $2 trillion in assets under advisement (as of 12/31/2010) and traded $1.5 trillion last year through its implementation services business. The Russell Global Indexes calculate over 50,000 benchmarks daily covering 85 countries and more than 10,000 securities. 

Advisor Survey Provides Mixed News for Annuity Providers

Have an increased number of advisors and investors migrated toward annuities and other protective financial products in the aftermath of the Great Recession, as anecdotal evidence (and hopeful thinking within the annuity industry) might suggest?

Perhaps. The newly released 2011 Advisor Brandscape survey from Cogent Research contains no data that supports such claims, however.

The report, based on Cogent’s perennial survey of a representative sample of the nation’s 300,000 or so advisors from all channels, does provide cheer for certain variable annuity providers—those who score highest on advisor-loyalty measures. But it offers no sign that advisors are growing fonder of annuities. 

But first the positive news. Advisors are enthusiastic about certain insurers. In terms of commitment to variable annuity providers, advisors are more loyal to Jackson National than any other insurance company, according to the  Advisors Brandscape. Jackson National regained the top spot after yielding it to Prudential Financial a year ago.

“Jackson National was especially strong on ‘internal wholesaler support’, and that has a very positive effect on brand differentiation,” said Cogent principal John Meunier, an author of the report. “Advisors depend on internal wholesalers for support in this product category in particular. Prudential tends to outshine the competition in the area of ‘range of product features.’”

Both Prudential and Jackson National achieved significant improvement since 2010 in their respective “Net Promoter” scores, a proprietary index based on the difference between the number of advisors who do and don’t recommend a company’s products.

The list of variable annuity providers with the highest loyalty rankings (see today’s Data Connection on the RIJ homepage) roughly corresponds to the list of top sellers, as reported in Morningstar’s 2Q 2011 Variable Annuity Sales and Asset Survey. Sun Life Financial and Allianz Life broke into the top 10 this year. Sun Life rose to eighth this year from eleventh place in 2010 and Allianz Life rose to ninth, from fourteenth a year ago.

Cogent also tracks Advisor Investment Momentum (AIM), a measure of how much advisors expect to increase or decrease investments with their current providers. Jackson National is first on this scale, followed by MetLife, Lincoln National (Choice Plus), Nationwide Financial, and Prudential. All five of these firms received above-average AIM scores among a total of fifteen leading providers.

“In terms of momentum, these four competitors are in a league of their own,” said Tony Ferreira, managing director of Cogent’s Wealth Management practice. “However, given the importance that advisors place on VA product innovation and client support, loyalties can, and often do, change quickly.”

Now for the less positive news. Although the Cogent survey showed that a majority of the nation’s advisors sell variable annuities, it also showed that they don’t allocate much of their clients’ money to the products—and don’t plan to in the near future.

Specifically, 81% of advisors say they sell variable annuities, a percentage that hasn’t changed significantly in the past four years. RIAs continued their resistance to variable annuities; only about 26% said they sold variable annuities in 2010 and 2011, down from about 32% in 2009.

RIAs are an attractive market, because they manage more money per capita, on average, than any other group of advisors, according to Cogent. Since 2009, average AUM for RIAs has risen to $275.5 million from $212.4 million. (This figure is far higher than the median amount, however, Meunier pointed out.) The average advisor’s AUM has risen to $104 million from $80 million over that time.  

Consistently over the past three years, advisors who manage assets between $25 million and $50 million (the average among independent advisors is $48 million) have been the most likely to sell variable annuities, with about 85% using the products. By comparison, about three-quarters of advisors who manage $100 million or more said they sold variable annuities.

Yet the nation’s 300,000 or so advisors, as a group, have committed, and plan to commit, only a very modest amount of their clients’ money to variable annuities. In 2010, only 8% of advisor-managed assets were invested in variable annuities. That figure dropped to 7% in 2011.

About one-third of variable annuities are sold by independent advisors and about 30% are sold by captive agents, according to Morningstar’s 2Q 2011 Variable Annuity Sales and Asset Survey.

As for fixed annuities, the banking channel was the only annuity distribution channel in which more than 50% of advisors said they sold that product. As a percentage of total AUM, advisors said they devoted only 2% to fixed annuities and expect to allocate only one percent in 2013.

“Advisors are very interested in managing risk and thinking about portfolio diversification, yet there’s a constant resistance to giving up of control of assets in exchange for income guarantees,” Meunier said.

“It’s a conundrum. The industry hasn’t figured out the perfect retirement income solution, one that will be useful to investors and embraced by advisors. When we collected our data, the Dow was near its high for the year. After the volatility of the last two or three months, it wouldn’t surprise me if we saw an uptick in annuity usage.”

© 2011 RIJ Publishing LLC. All rights reserved.

12 Retirement Plan Concepts Financial Advisors Must Know

When it comes to the retirement plan industry, advisors have enough on their plate. Developing an investment policy statement, developing an investment option lineup, or conducting participant education isn’t easy. Advisors don’t need to become retirement plan experts, but they should be aware of some very basic concepts on how the industry works in order to stand out among their competition as well as augmenting their client’s overall retirement plan experience.

It is my belief that better educated retirement plan advisors will help create better retirement plans. Hopefully, this article will further help retirement plan advisors understand basic retirement plan concepts that can help them develop and maintain their retirement plan book of business.

Qualified vs. non-qualified plans. Qualified plans allow the employer (who will abide by the requirements of ERISA and the Internal Revenue Code) a tax deduction for contributions it makes to the plan and employees typically do not pay taxes on plan assets until these assets are distributed. With non-qualified plans, select employees can receive larger contributions, but the employer cannot receive a deduction for contributions until a participant receives a distribution and the participant’s contributions are subject to a risk of forfeiture and the employer’s creditors in bankruptcy. Despite their limitations, non-qualified plans are highly attractive for some plan sponsors.

Fiduciary. Using discretion in administering and managing a retirement plan or controlling the plan’s assets makes that person a plan fiduciary to the extent of that discretion or control. So, fiduciary status is based on the functions performed for the plan, not just a person’s title. A plan’s fiduciaries will ordinarily include the trustee, investment advisors, all individuals exercising discretion in the administration of the plan, all members of a plan’s administrative committee (if it has such a committee), and those who select committee officials. Attorneys, accountants, and actuaries generally are not fiduciaries when acting solely in their professional capacities. The key to determining whether an individual or an entity is a fiduciary is whether he or she exercises discretion or control over the plan. As the current definition of a fiduciary stands now, registered investment advisors are fiduciaries, stockbrokers are not. The Department of Labor has proposed a new definition that will include brokers as fiduciaries. If you are a broker, you will have to determine how you will respond if you have to become a plan fiduciary.

Brokers must determine if they can exist with the fiduciary tag, or leave the retirement plan industry, or partner up with registered investment advisors and perform non-fiduciary functions.

Fiduciary responsibilities. Fiduciaries have important responsibilities and are subject to standards of conduct because they act on behalf of participants in a retirement plan and their beneficiaries. These responsibilities include: acting solely in the interest of plan participants; carrying out their duties prudently; following the plan documents; diversifying plan investments; and paying only reasonable plan expenses. Fiduciaries that do not follow these responsibilities will have breached their fiduciary duty and may be personally liable to restore any losses to the plan, or to restore any profits made through improper use of the plan’s assets resulting from their actions.

Bundled vs. unbundled 401(k) providers. There are two main delivery models of 401(k) services. The first approach is called the bundled provider, where one single vendor provides all investment, recordkeeping, administration, and education services. The unbundled approach is where the plan sponsor actually becomes the bundler, by picking different independent services providers for each of the necessary 401(k) services. Most small plans use the bundled provider approach, but plans that become larger in size ($2 million or more) should determine whether the unbundled approach is more cost effective.

Defined benefit plans. A defined benefit plan promises a specified monthly benefit at retirement, which is based on a participant’s salary, length of employment, and age, based on an actuarial formula. While fallen out of favor for larger employers because of governmental regulation and the proliferation of 401(k) plans, they are still highly attractive for sole proprietors and small businesses.

Cash balance plans. A cash balance is a defined benefit plan (They are not hybrid plans as some may claim) that defines the benefit in terms that are more characteristic of a defined contribution plan. In other words, the cash balance plan defines the promised benefit in terms of a stated account balance (which is actually hypothetical). Working with a 401(k) plan, cash balance plans are more flexible in plan design than traditional defined benefit plans and may be a great fit for professional services firms as well as any company willing to pay 5% to 7% for their staff, which will lead to larger contributions for highly compensated employees.

Defined contribution plans. Unlike a defined benefit plan, it does not promise a specified retirement benefit. It offers a defined contribution allocation formula which allocates contributions to a participant’s account, where the participant will bear the gains and losses from the investments in their account (whether they direct their investment or not. Profit sharing plans are a defined contribution plan. Note that a 401(k) plan is a profit sharing plan with a cash or deferred arrangement. In addition, no profits are needed to make a profit-sharing contribution.

Section 408(b)(2) regulations. The Department of Labor regulation that is supposed to be implemented in April 2012, requiring plan providers to reveal to the plan sponsor direct and indirect compensation that they receive from a plan. All financial advisors should consider revising their service agreements to comply with the new fee disclosure regulations.

Safe harbor 401(k). A feature under 401(k) plans where fully vested contributions are made to employees, whether they be matching or profit-sharing (3% across the board to participants, whether they defer or not). By making this contribution and providing an annual notice, a plan sponsor is considered to have automatically passed the salary deferral (ADP), matching (ACP), and top-heavy discrimination tests. Any plan currently failing or barely passing any of these tests should consult with their third-party administrator (TPA) to determine whether a safe harbor design is a good fit.

New comparability/cross-tests plan design. A form of a profit-sharing allocation that divides the employees of the plan sponsor into groups where the goal is to give a larger percentage contribution to highly compensated employees. At a minimum (barring any strange demographics), highly compensated employees can receive at least three times the percentage contributions that non-highly compensated employees can get (which is called a minimum gateway). One of the benefits of the safe harbor 3% profit-sharing contribution is that it can always be used to satisfy the minimum gateway.

ERISA §404(c). The provision in ERISA that limits a plan sponsor’s liability in a participant-directed investment retirement plan. Many plan sponsors and advisors thought that offering plan participants some mutual funds to invest in and Morningstar profiles exempts plan sponsors from liability. Section 404(c) protection requires a process. Plan sponsors need an investment policy statement (IPS) that details why plan investments were picked. They must review and replace investment options with their financial advisors at least annually based on the terms of the IPS and meaningful education must be given to participants. All decision-making in this §404(c) process should be documented.

The myth of free administration. There is no such thing as a free lunch of free 401(k) administration. Whether plan sponsors are using an insurance company platform or are large enough to deal directly with mutual fund companies, they are paying for administration whether they believe it or not. Whether the administration fees are considered “free” or low, the provider makes up the low cost through wrap fees (hidden fees added to mutual funds by insurance providers) or 12b-1/revenue sharing fees (that mutual fund companies wouldn’t have to share in a bundled environment).

© 2011 The Rosenbaum Law Firm P.C. All rights reserved.

 

Fishing for Trout, and for the Perfect Retirement

This summer, we stayed with friends at their log cabin in Colorado’s San Juan Mountains and spent three days hiking, fishing, and relaxing near the source of the Rio Grande River.

No cell phone, no electricity, no World Wide Web. Just blue sky, green hillsides, white water… and beavers. Yes, beavers. John Jacob Astor apparently didn’t bag them all.

I caught two good-sized trout and a glimpse of my fantasy retirement. Later, I spent some time mentally calculating what it might take to turn fantasy into reality.        

Money, obviously, is a prime consideration. Just as you can spend a few hundred or several thousand dollars on a fly rod, reel, vest and waders, so you can spend anywhere from a few thousand to several million on a seasonal or full-time Western retirement.

Our friends own a half-share in one of nine or 10 cabins that were part of a guest ranch until the landlord, a retired Fortune 100 executive, condominium-ized them. (Many guest ranch owners in Colorado are following the same exit strategy; sales are sluggish.)

Snowbound for half the year and an hour from the nearest town, the cabins are expensive toys. The smallest and crudest lists for about $125,000. Several have been razed and replaced by more spacious and luxurious log houses. Of the owners I met, all were retired. Some were quite wealthy, others less so.

But you don’t have to be a millionaire to camp or fish there. Any regular Joe or Jane can park their RV or a trailer in one of the nearby public campgrounds for up to two weeks at a time and live like a gypsy on a shoestring.

Health is another requirement, one that’s easy to underestimate. If you ponder a wilderness retirement 10 or 15 years hence, you have to question whether your hearts, lungs, muscles and nerves will be equal to the challenge by the time you get there.

Up here, fly-fishing is work. Six hours of crossing and re-crossing a rocky, slippery fast-moving stream at 9,500 feet above sea level while wearing a vest, a daypack and waders or hip boots can tax a 45-year-old, let alone a 65- or 70-year-old.

Yet poor health, like a thin wallet, isn’t necessarily a deal-breaker. Overweight? You can ride a horse or an ATV. At least two sleep apnea sufferers had installed solar panels behind their cabins to power their CPAP machines.

But there’s a third consideration that’s even thornier. Even if you have enough money, and even if you’re in good health, you’ll need the people you love and they will need you. No man is an island; no one is an isolated rock in a stream.

As alluring as a future of silence and solitude and scenery may seem to a harried middle-aged professional, many of us will inevitably choose to be near family and friends as we get older instead of a thousand miles away.

Where there’s a will, there’s a way, however. One of my friends’ fellow cabin-owners is a 63-year-old bachelor from Texas. He thrives on the company of his seasonal neighbors. A retired couple from Tennessee bought an extra cabin so that family members can visit.

At first, I intended this column to lament the difficulty of realizing my fantasy retirement.  And I still recognize that many factors—money issues, health problems, or lack of a shared vision with family members—can and do complicate our retirement plans.

But I met rich and unrich people, healthy and unhealthy people, solitary people and families up here. The more I examined the apparent obstacles to a quote-unquote dream retirement, and the more I watched other people overcome them, the less insurmountable they seemed.

© 2011 RIJ Publishing LLC. All rights reserved.   

Leakage from retirement plans plagues South Africa

South Africa’s National Treasury has proposed the urgent introduction of mandatory preservation when it comes to retirement savings in “an alarming and near-catastrophic context,” said Deputy Minister of Finance Nhlanhla Nene, according to the Independent Online Business Report.

At the Retirement Funds Annual Conference this week, Nene said that the government was trying to help people who currently could work and earn an income to save and preserve their retirement savings, and in turn, not be a future burden on the state.

The National Treasury is doing a feasibility study on developing a Retail Bond-backed Retirement Annuity, he said.  “We envisage that such an annuity will provide some competition to the industry, and thereby provide individuals with a simple, transparent, and cost effective post-retirement annuity product.

“We, as the Ministry of Finance, continue to receive many complaint letters from pensioners and about-to-be pensioners complaining about the costs of retirement annuities. We are actively engaging with the industry to find a mutual solution to these high costs.”

 “I appeal to the industry to start simplifying their products, and making them transparent and cost-effective, since the survival of the industry depends largely on its customers, and also potential customers.” 

“It is estimated that only 6% of South Africans can afford to retire; i.e., that they can achieve a 100% replacement ratio,” he said.  “Why such a disturbingly low number? The answer is simple—because most individuals cash-in on their retirement savings when they change jobs and upon divorce settlement orders.”

The latest Sanlam Benchmark Survey showed that when workers cashed in their retirement savings prematurely, 36% used the money to pay short-term debt.

“The keywords are ‘short-term debt.’ This is probably debt we could do without if we exercised some prudence in our spending and desires,” Nene noted. Another 24% of the cashed-in retirement savings was spent on living expenses.  “This adds up to 60% of retirement money intended to provide a comfortable retirement being used to satisfy short term spending.”

Increased retirement savings would ultimately enable financial intermediaries to undertake long-term investments in the South African economy and spur economic growth.   

“However, given the difficult structural challenges in our economy, we do acknowledge that individuals need some of their retirement savings to keep them floating until they can be re-employed. But this restricted access should be for a limited amount and only triggered by certain life or death events like [unemployment],” Nene said.

 “The Sanlam Survey tells us that 76% of the individuals who prematurely cashed their retirement savings knew very well the tax consequences of their actions, and that 85% understood that their action could mean that they might not easily reach their retirement goals.”

Pensions feel the risks of “de-risking”

Falling equities prices and tumbling bond yields continue to hurt the viability of pension funds in major industrialized economies, with potentially dire impact on the ability of members of the world’s Baby Boom generation  to retire on time and with adequate incomes, Reuters reported. 

As pension plans in the U.S., the euro zone, Japan and the UK “de-risk,” they implicitly reduce their long-term rate of returns and raise their need for fresh funds—funds that might otherwise be invested in business expansion. Overall, the shift from equities to bonds by pension fund managers has driven down stock prices and fixed income yields.

The global pension industry controls about $35 trillion, or about one-third of global financial assets. But funding deficits have been growing. 

“We had a credit crisis and government bond crisis, and [now we have] the pension crisis. Everything is going wrong and there’s no obvious way out,” said Kevin Wesbroom, UK head of global risk services at consultancy Aon Hewitt. “Liabilities are going up because, in the flight to quality, everyone gets out of equities and runs for cover in safe assets like government bonds. And yields are falling.”  

In the United States, funding deficits of the 100 largest DB plans rose by $68 billion to $254 billion in July, according to the Milliman Pension Fund Index. 

Even if DB sponsors in developed countries were to achieve an 8% return and keep the current benchmark yield of 5.12%, their funding status would improve only to 93% by end-2013, from the current 83%.

Aon Hewitt estimates deficits of DB pension plans for FTSE 350 companies rose £20 billion in the month of August to a 2011 high of £58 billion. Their funding ratio stands at 89.8%, down from 94.1% three years ago.

In Europe, the benchmark double-A rated corporate bond yield fell to 3.55% from more than 6% in the past three years, according to Barclays Capital. A 50-basis point drop in the discount rate roughly results in a 10% increase in pension liabilities.

“Trustees do want to de-risk but financial directors have an irrational desire to have equities. They are too wedded to equity markets,” said Pat Race, senior partner at investment consultancy Mercer. “You still have massive uncertainties with a potential for another dip into recession. I don’t see any reversion to days when equities are a dominant part of DB plans.”

Pension funds and insurance companies in the U.S., the euro zone, Japan and UK bought $173 billion of bonds in the first quarter, boosting their bond buying for the third quarter in a row, according to JP Morgan. At the same time, they cut equity buying for a fifth quarter in a row, selling $22 billion of stocks in Q1.

In Europe, pension funds reduced equity allocations to an average of 31% in 2011 from 43.8% in 2006, while fixed income holdings rose to 54% from 47.8% in the same period, according to Mercer.

Actuaries suggest automatic adjustments for Social Security

Several industrialized countries have added automatic adjustment mechanisms to their national pension programs in response to rising longevity and increasing “dependency” ratios. 

 In Canada, for instance, taxes rise automatically if the Canada Pension Plan chief actuary determines that the system is not sustainable over the long run at the scheduled tax rate and if government ministers cannot agree on other actions to sustain the system.

In Sweden, automatic adjustments to the retirement age are based on changes in life expectancy, benefits that are in pay status depend in part on measures of worker productivity, and starting benefits are sensitive to the long-range solvency of the system. Indexing benefits and/or retirement age to changes in life expectancy has become common among European countries.

Now the American Academy of Actuaries is suggesting that the U.S. try similar measures to ensure the long-run solvency of the Social Security system. In an August 2011 Issue Brief, the AAA’s Social Security committee said:

  • An across-the-board reduction to current and future benefits of about 14% would be required to bring the program into actuarial balance over the 75-year valuation period.
  • At this time, an increase in the combined employer-employee tax rate of approximately 2.15 percentage points (split evenly between employer and employee) would bring the program into actuarial balance.
  • Immediately increasing the normal retirement age from age 66 to age 67, followed by a continued increase by one month every two years until the normal retirement age reaches age 70, would reduce the long-range actuarial deficit by about a third.

“Automatic adjustments to benefits, taxes, or the normal retirement age could solve Social Security’s long-range financing problem permanently and automatically—and restore public confidence in the system. Without automatic adjustments, any legislation to restore the system to long-term financial stability might fall short of this goal if experience is less favorable than assumed, or if assumptions are changed, as happened after the 1983 legislation,” the actuaries wrote.

“Proponents of automatic adjustment approaches point out that, without such adjustments, Congress usually allows Social Security’s problems to mount until a crisis is reached, at which time the need for immediate, large-scale changes to the system inevitably causes some beneficiaries unnecessary financial harm.”

© 2011 RIJ Publishing LLC. All rights reserved.

TIAA-CREF Institute elicits “best practices” for DC plans

Acknowledging that many defined contribution participants are not on-track to save enough for a secure retirement, TIAA-CREF Institute, the research arm of the non-profit retirement plan for educators, hosted a forum last December to ponder best practices or potential improvements in the design of 401(k) and similar plans.

In the August issue of its Trends and Issues publication, the TIAA-CREF published the results of its surveys of the participants in that forum and of subsequent surveys conducted among retirement experts.

The surveys revealed a rough consensus in such areas as plan participation, plan contributions, investment offerings, payout options, and education and advice. In the area of payout options, the TIAA-CREF Institute found that:

  • Most survey respondents considered it appropriate for participants to have the opportunity to annuitize through a primary DC plan.
  • Most did not feel that participants should be required to annuitize any of their assets.
  • It is appropriate for a primary DC plan to offer a payout annuity distribution option, most experts agreed.
  • An immediate fixed annuity was viewed as appropriate by 63% of respondents.
  • An immediate graded annuity was viewed as appropriate by 75%.
  • An annuity with payments beginning at a later age was viewed as appropriate by 75%. Lump-sum distributions were considered appropriate by 59%.
  • Only 21% thought it appropriate to require annuitization of employer contributions.
  • 31% considered it appropriate to require a minimum level of annuitization in a primary DC plan.
  • 48% thought that such a requirement would be effective in promoting retirement income security.

In the area of investment offerings, “87% thought that an appropriately diversified investment portfolio for the typical participant could be constructed from five options or less,” not including a target date fund or balanced fund.  Those five were: a diversified global equity fund, an inflation-linked bond fund, a money market fund, a diversified domestic equity fund, and a deferred annuity.

If allowed to offer 10 investment options, the experts said, they would add a diversified international equity fund, a global bond fund, a domestic corporate bond fund, a real estate fund and an emerging markets fund to the five core funds listed above.

© 2011 RIJ Publishing LLC. All rights reserved.