401(k) Participation is High, But Few Contribute Up To IRS Limit

Gen Z women surpass the men in accumulated retirement savings with higher account balances on average, says a new report.

Retirement plan participant data from Bank of America underscores that plan sponsors must educate employees about the benefits of contributing to their 401(k).

According to the bank’s “2022 Financial Life Benefits Impact Report,” despite 58% of eligible employees participating in a 401(k) plan, 61% of them contributed below $5,000 last year.

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The study also found that fewer than one in 10 participants’ contributions reached the ceiling on elective deferrals, under IRS Section 402(g)—that is, $19,500, last year.

While the data on participation is “promising,” says Kevin Crain, head of retirement and personal wealth solutions research at the bank, the research highlights a “clear need for education on the benefits of maximizing retirement savings contributions.”

“Education combined with personalized action helps employees where they need it most,” he says.

For plan sponsors, providing education that is paired with actions participants can take also benefits employers, “as employee financial wellness results in increased focus, more productivity and better morale,” Crain says.

The report says Millennials are failing to optimize the potential of their 401(k) benefits—70% contribute less than $5,000 annually—compared with 54% of Generation X and 51% of Baby Boomers. Millennials also are the least likely to participate in a 401(k) plan: 54% participate vs. 65% of Gen X employees and 59% of Baby Boomers.

Additionally, just 4% of Millennials contribute up to the IRS annual limit, compared with 12% of Gen X participants and 14% of Baby Boomers, the report says.

“For plan sponsors, this also creates an opportunity to expand offerings to adopt auto[matic]-enrollment and auto[matic]-increase features,” says Crain. “These tools help ensure the employees are capitalizing on their 401(k) plan, and are powerful in driving both employee engagement and increased contribution amounts.”

Plan sponsors increasingly also use personalized tools, frequently digital, to engage with and educate retirement plan participants.

Bank of America has several such tools it offers through an investment advisory program it launched last year. And it brought to market “Erica,” a suite of enhancements to the recordkeeper’s Benefits OnLine digital retirement and benefit services app for retirement planning, which uses artificial intelligence.

Looking across all generations in the study, women continue to trail men in 401(k) participation rates—55% vs. 62%, respectively. Men also have 55% more in 401(k) balances—$108,000 vs. $70,000, respectively, the research found. However, in 2021, Gen Z women passed Gen Z men in total retirement savings, with 3% larger account balances on average, the report says.

“While women are still trailing men [in their] 401(k) plan participation rates, younger women are showing promising gains,” says Crain. “Plan sponsors need to build on this momentum. Women have fundamentally different financial journeys than men—from spending more time out of the workforce, to funding longer lives—and employers have an important role to play in providing personalized education, tools and advice on the unique challenges women face.”

The report was based on proprietary data from 3.1 million participants in Bank of America employee benefits programs who had positive retirement balances as of December 31, 2021.

DOL Sues Multiple Employer Plan Administrator

Labor Secretary Marty Walsh has alleged several ERISA breaches.   

A group 401(k) plan for mining industry workers is alleged to have not transferred employees’ salary deferrals to their accounts.  

Department of Labor Secretary Marty Walsh has filed a lawsuit in the District Court for the Eastern District of Kentucky, Southern Division, against the administrator of the multiple employer defined contribution retirement plan. Among the named defendants are the Coal Exclusive Company and the Coal Exclusive Benefits 401(k) Retirement Plan.

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The lawsuit alleges that, from January 2018 through April 2021, CEB received nearly $2 million in salary deferral contributions from employees’ pay. According to the lawsuit, however, CEB “failed to timely remit the amounts withheld to the plan.” In some cases, the lawsuit alleges, the plan fiduciaries took up to 482 days to make the required contributions.

“As a direct and proximate result of defendants’ fiduciary breaches, the plan suffered injury and losses for which they are subject to appropriate equitable relief,” the complaint states.

Under the Employee Retirement Security Act, retirement plan fiduciaries are required to always operate defined contribution plans in the best interests of participants. The DOL alleges that the leadership of the CEB 401(k) plan violated several provisions of ERISA, including the requirement that all assets of an employee benefit plan be held in trust and “never inure to the benefit of the employer,” the lawsuit states.

Regulations require participant contributions to be remitted to participants individual accounts as of the earliest date these can be segregated from the employer’s general assets or no later than the 15th business day of the month following the month in which the participant contrition amounts are received by the employer. 

The text of the lawsuit specifically alleges that the organization’s chief financial officer caused CEB to fail to timely remit employee withholdings, resulting in CEB retaining assets of the plan in its own corporate bank account for its own use.

From January 5, 2018, through April 10, 2020, “CEB retained the withheld employee salary deferral contributions and commingled such assets with the general corporate assets in its corporate bank account until they were remitted to the plan,” the complaint states. “During such time CEB used the corporate bank account for non-plan purposes.”

The lawsuit alleges that the officer and CEB collectively failed to operate the plan appropriately as required by ERISA because the defendants failed to act solely in the interest of the participants and beneficiaries of the plan. In addition, according to the complaint, the defendants have failed to discharge their duties with care, skill, prudence and diligence. The suit further suggests they caused the plan to engage in prohibited transactions and to act on behalf of a party whose interests were adverse to the interests of the plan participants and beneficiaries.

In February, after the DOL concluded a pair of investigations by the agency’s Employee Benefits Security Administration, courts ordered plan sponsors to restore retirement contributions for workers at a Michigan electronics repair store and a now-defunct California construction company. The regulator filed a lawsuit that alleged an ERISA breach for failure to remit retirement contributions against Velo Corp., the owner operator of Quik Trak, a New York City area courier and bike messenger service, earlier this year.

A call for comment to Coal Exclusive Benefits 401(k) Retirement Plan on the lawsuit was not returned.

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