401(k) Balances In the Black After Five Years of Seeing Red

April 26, 2005 (PLANSPONSOR.com) - The bear market of the past few years is finally seeping out of 401(k) retirement accounts, according to a report from the Vanguard Group.

According to the  report , a majority of individual retirement account holders are now seeing positive returns in their retirement accounts, a positive trend following nearly five years of dismal returns.

For the report, Vanguard looked at the historic returns of 401(k) and IRA investors for the five years that ended in December 2004. According to the survey, over 80% of participants in Vanguard defined contribution plans and 70% of investors in its IRAs made gains – or at least broke even – over the last five years. 401(k) investors saw a median gain of 4% over this time period, while IRA investors saw a median gain of 3.2%.

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Also on a positive note, the study found a 12% rise in the average 401(k) balance since 2000, up to $65,216 at the end of 2004; a 13% increase in the average IRA balance was also seen, up to $52,627.

Overall, 401(k) investors are younger and have less money than their IRA counterparts, the study shows. The median income for 401(k) investors – with an average age of 44 -was $84,000; the figure for IRA investors – with an average age of 50 – was $89,000.

Asset allocation was similar for both accounts, with a 70% -30% mix of stocks and bonds seen in both accounts.

According to the report, a difference between the two types of accounts is in terms of contributions – how new assets are being allocated. In 2004 the contribution allocation for the average DC plan investor was 71% of new money to equities and 29% to fixed income investments. During the same period the contribution allocation for the average IRA investor was 61% of new money to equities and 39% to fixed income.

Age Differences

Two interesting results emerge in an analysis of contributions by age, the Vanguard researchers found. First, in 2004 DC plan investors in their 20s and early 30s were more likely to adopt a more conservative contribution allocation than IRA investors of a similar age.

A number of factors could explain these differences. Vanguard said its DC plan investors have somewhat lower incomes.

align=”left”>Also, DC plan participants in their 20s and 30s may be less knowledgeable than IRA investors of the same age, and so may choose a more conservative asset allocation. In addition, DC participants younger than 25 are more than twice as likely to be using the plan default fund, which is typically a fixed income fund, the report said.

align=”left”>At the other end of the age spectrum, during that same time period older IRA investors in their 50s and 60s were more likely to adopt a conservative allocation than DC plan investors of a similar age. Researchers said part of this is likely an age effect, with a much larger representation of 65-and-older investors in IRAs. Seventeen percent of Vanguard IRA investors are 65 or older, while only 3% of DC investors are, the report said.

align=”left”>Examining trading activity, 20% DC participants made a trade (exchange) during 2004, compared with only 12% of IRA investors. Trading in DC plans appears to be more sensitive to the market and economic cycle than trading in IRAs. The number of DC plan traders jumped almost 50% in 2004 – from 14% to 20% of participants. Meanwhile, the number of IRA traders grew by a much smaller amount – from 11% to 12% of IRA account holders.

align=”left”> The study focused on the returns of 2.6 million participants in its employer-sponsored plans, and 2.7 million investors in Vanguard’s mutual fund IRA program.

South Carolina Jury Returns $200M Award in Safety-Kleen Lawsuit

April 25, 2005 (PLANSPONSOR.com) - A federal court jury in Columbia, South Carolina has awarded a group of institutional investors $200 million in their securities claims against two former executives of hazardous waste disposal company Safety-Kleen Corporation.

A news release from plaintiff law firm Grant & Eisenhofer said accounting firm PricewaterhouseCoopers and certain outside directors also reached settlements with the investors, paying a total of just over $84 million. Capping a seven-week trial in South Carolina federal court, the judgment was against Kenneth Winger and Paul Humphries, former CEO and CFO respectively of Safety-Kleen.

According to the news release, the case against the company directors, officers and auditors concerned filing false registration statements for a sale of its debt, filing false annual reports and for violating the antifraud provisions of Section 10(b) of the 1934 Exchange Act. The announcement said that after going public in April 1997, Safety-Kleen restated its 1997, 1998 and 1999 financial statements by over $500 million. The company filed for bankruptcy in June 2000.   

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The institutional investor plaintiffs were led by American High Income Trust, the news release said.

The claims against PricewaterhouseCoopers, which had been Safety-Kleen’s outside auditor at the time the bonds were issued, were that it certified false financial statements as part of the company’s registration documents for its bond offerings.  

“We have obtained a recovery of approximately 30% of our clients’ losses from the outside directors and auditors, as well as a judgment for the remaining 70% against the company’s top two management insiders,” said lead counsel Stuart Grant of Grant & Eisenhofer. “Not only was this an excellent economic recovery, but it should send a message loud and clear to auditors and audit committees that they must take a pro-active role to prevent fraud.”

According to the news release, the settlement with PwC and the outside directors not only covered the Securities Act Class Action case but also 32 individual actions brought by institutional investors under the Exchange Act.

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