Retirement Plan Industry Trends Then Versus Now

August 28, 2014 (PLANSPONSOR.com) – The retirement plan industry today is vastly different from that of 1974, when the Employee Retirement Income Security Act was passed.

There have been big changes since 1974 that perhaps some industry players back in the day would have found unimaginable. In 1974, most workers with employer-sponsored retirement plan coverage were in defined benefit plans, and those with defined contribution plans were in profit sharing plans; the 401(k) hadn’t even been introduced yet. That year saw the introduction of the first mass-produced personal computer; the Altair was sold in kit form for $395 or assembled, for $650, which translates to $3,142 in today’s dollars. The Dow Jones Industrial Average closed the year at 616.

No adviser to the plan. (Really!) Then: Retail brokers. Now: Specialist retirement plan advisers

For more stories like this, sign up for the PLANSPONSOR NEWSDash daily newsletter.

When ERISA was enacted and companies began to sponsor retirement plans for their workers, these plans were often supported by just a handful of people. “Retirement plans were usually handled by someone who did something else as a primary function—employee benefits, life insurance or financial planning for high-net-worth individuals—and were almost universally done on a commission basis,” says Jim Sampson, managing principal of Cornerstone Retirement Advisors LLC in Warwick, Rhode Island.

Consulting firms that charged an hourly fee or brokers who sold retail funds might aid a retirement plan sponsor. Without a specialist adviser to act as a support to the plan, participant education was a minor area of concern, according to Trisha Brambley, president of Retirement Playbook Inc. in New Hope, Pennsylvania. “Most of the education focused on why participants should join the plan,” she says. “The middle market—plans with $500,000 to $1 million in assets—had very little service and might have used a consulting firm or an attorney on a project basis.”

In 2003, says Brambley, brokers began to pay more attention to the retirement plan market. It was clear that plan sponsors needed help evaluating their fund lineups because of the increase in investment vehicles.

Today, about two-thirds of plans (60%) use a financial adviser, according to PLANSPONSOR’s 2014 Plan Benchmarking Report.

How much are those plan investments worth? Then: Quarterly Valuations. Now: Daily Valuations.

Once upon a time, pre-Internet and pre-401(k), defined contribution (DC) plans were valued annually, semi-annually, quarterly, or, for a few, monthly. Imagine: you could see the market fluctuating but you could not get an accurate assessment of account status until the valuation. This was perhaps not such a problem before participants were putting their own money into plans, but as 401(k)s gained popularity, it became more of a concern. Without access to the Web, which was in its infancy, participants had to wait weeks after the close of the quarter to make investment changes to their plans.

Things began to change in the ‘90s. “Daily valuation is now wildly popular,” PLANSPONSOR reported in 1994, noting that people were raising concerns over increased costs, additional recordkeeping stresses and possibly even the potential for harm to investment performance.

How to get participants to enroll in the plan? Then: Voluntary Enrollment. Now: Auto Enrollment

When 401(k)s were new, employees had to voluntarily agree to put some of their salary into them. A faintly off-putting term, negative enrollment was a plan design feature that emerged in the 1990s that placed employees into a plan with the understanding that they could opt out, or required them to elect not to participate. In 1997, PLANSPONSOR magazine took a look at why most employers were saying no to a practice that effectively boosts participation, and held up McDonald’s as one of a handful of companies using it—and reporting 95% enrollment. Fewer than 50 companies were using “negative election,” according to PLANSPONSOR’s story.

Could there be legal implications? One source warned that deferring the pay of minimum wage workers could be asking for trouble, even for a retirement plan contribution, and cautioned plan sponsors to contact the Federal Wage Board before pursuing auto enrollment.

Negative election got a rebranding and a reboot in 2006’s Pension Protection Act, when auto-enrollment got a government seal of approval, and a much better name. Today it is widely used in DC plans, and most credit it with boosting plan participation.

What Are We Saving For? Then: Accumulation. Now: Income.

In the early days of 401(k) plans, Brambley says, participants were given charts showing them the accumulation they would have by age 55, for example, if they continued saving in the plan. “But there was not much talk about what that million dollars would buy,” she says, “what it would really mean.” Brambley predicts the retirement industry is going to come up with new and better ways to translate accumulated assets into an income stream.

Firms are dreaming up more ways—income products and guaranteed income—to be able to help people convert that nest egg into steady streams of retirement income, Brambley says.

“First,” she says, “people have to know that a million dollars means $40,000 a year for life.” Also, there must be greater understanding of how to reach that goal. So many people are far from ready, and plan sponsors and advisers must prepare to show people how they can do it, so they do not simply throw up their hands and give up. “All is not lost on Social Security yet,” Brambley says, and the prospective amount should be calculated in along with other sources in addition to 401(k) assets. Several sources may be considered—some people may work part-time, others might have a defined benefit (DB) account or spousal accounts—to help participants understand what could produce income annually in retirement.

Educating Participants Then: Investment Knowledge. Now: Targeted Communication

Over the years, participant education has focused on investment knowledge--helping participants select the proper place to put their funds. Now, the use of target-date funds has lessened the focus on that. Plus, DC plan sponsors are starting to see the value of providing general financial education to participants with the goal of helping them get their finances in order so they are able to save for the long term.

The next phase in communicating with participants, Brambley says, is realizing that one size does not fit all. Communication needs to more precisely target the needs of participants. “I see targeting in a couple of different ways,” she says, “first, in terms of actual participants, there is more analysis on who is participating, and at what age, and in which funds. What does a plan’s population look like?”

Brambley says a new frontier will be retirement industry providers continuing to slice and dice information about participants more finely to be able to identify problems and see where more education is needed.

“Stepping back and taking a bigger look at what is happening is a way to customize,” she says. “What is the reason some people are not saving or not taking advantage of a generous match? Even on the high end of the pay scale, people can have financial stresses, and using diagnostics to track is a way to see what a plan sponsor can do to target the vulnerabilities of their own population.”

ERISA 40th Anniversary: Time for an Update?

August 29, 2014 (PLANSPONSOR.com) – September 2nd marks 40 years since the Employee Retirement Income Security Act (ERISA) became law, and one expert says it’s high time to revise sections of the law covering prohibited service provider transactions.

Bradford Campbell, counsel at Drinker Biddle & Reath LLP and a former Assistant Secretary of Labor for the Department of Labor’s Employee Benefits Security Administration (2007 – 2009), points to Section 406 of ERISA as the part of the landmark benefits law perhaps most in need of change. The section establishes a long list of prohibited transactions and other restrictions meant to prevent conflicts of interest among fiduciaries and investment service providers working with tax-advantaged workplace retirement plans.

Campbell contends the intention behind Section 406 is a good one—preventing retirement plan participants from receiving biased or unsuitable advice from investment providers looking to increase their own level of compensation. Yet the current level of restriction “makes the perfect the enemy of the good,” Campbell says, and may be doing more harm than good overall for workplace retirement savers by preventing widespread access to investment advice.

For more stories like this, sign up for the PLANSPONSOR NEWSDash daily newsletter.

“This notion that there should be no conflicts of interests at all in the retirement planning space is preventing most participants from getting investment advice directly through their plans,” Campbell explains. “And it’s complicating the question of how participants are being advised on the back end of the savings effort, when they are rolling over to individual retirement accounts or deciding to remain in plan.”

Indeed, Campbell says the DOL’s own analysis “shows literally tens of billions of dollars a year in investment errors that are going uncorrected because of a lack of available advice.”

“I think wider availability of advice would really help these people,” Campbell adds. “I’m talking about the folks who are highly concentrated in their own employer’s securities, people who have never rebalanced their portfolios in decades and therefore have very age-inappropriate asset allocations. This is a real problem and it’s a drag on people’s retirement readiness and the overall performance of the system.”

Campbell says most participants don’t get investment advice because the service providers who are best positioned to provide advice (i.e. those directly serving the plan with investment products) aren’t allowed to provide advice under current rules. The prohibited transaction rules cause a similar problem with IRA rollover advice, he says.

“We’ve tinkered around the edges with this—participants are getting some advice if the plan hires a truly independent adviser separate from the investment provider,” Campbell explains. “Also, there are ways through the Sun America Opinion to have computer-generated advice within the plan. And there are some ways through the Pension Protection Act (PPA) to provide advice on a level compensation basis.”

But these remedies have been assembled piecemeal, Campbell says, and they do not do enough to ensure those who want and need advice in the workplace retirement planning context will be able to access such advice.

Campbell says the Pension Protection Act of 2006 “did some big things around auto-enrollment and default investment options that have improved the system quite a bit. But the reality is that ERISA predates wide adoption of the defined contribution system. So another area, now that we’ve done a lot of work on the front end of getting people into the system, is on the back end—how do we get people out of the system efficiently?” 

Campbell says this is another phase where ERISA Section 406 may be doing more harm than good when considered overall. “As the system matures we really need to take another hard look at rollover advice, and at the various ways of providing annuities or withdrawal strategies within the plan,” he adds. “We need better ways to help people figure out how to use the money they’ve accumulated to achieve a stable lifetime income in retirement. Advice is going to play an important role there.”

One sign that is encouraging, Campbell says, is that there is a lot of product development going on among plans and service providers aimed at solving the “decumulation” question, which should in turn prompt a closer look from the DOL. Plus, the department has included an in-plan annuity regulation on its regulatory agenda.

“Some of the things the DOL is working on in this area are going to help,” he adds. “For example, the department has indicated it is hoping to improve the safe harbor for plan sponsors selecting an annuity provider within a DC plan. It’s on the regulatory agenda for next year—to come out with a better regulation there will help a lot of participants on the income question.”

But still, the important challenge as we enter the fifth decade of ERISA oversight remains access to advice, Campbell says. He notes that the deadlock in Congress may not be a problem when it comes to updating key sections of ERISA.

“Congress has given the department the ability to create exemptions to the prohibited transaction rules in ERISA if it determines the exemption is in the best interest of participants,” he explains. “There has been a philosophical debate for years in the DOL on all this. Folks like myself believe the potential for abuse by the service providers under new prohibited transaction exemptions—so long as they are crafted effectively—would be sufficiently small so that the overall benefit would really dwarf the impact of any bad actors.”

Campbell says the current leadership in the DOL, appointed by President Obama, has a different view of the danger of cutting back on prohibited transactions. In short they are far more skeptical of the intentions and trustworthiness of investment service providers. “By way of full disclosure, during the end of my time at the DOL we had a regulation to try to do some of the things we’re talking about, to make advice more available, which they prevented from moving forward,” he says. “Many of the signs these days point to a tightening of advice standards, unfortunately.”

And what about the DOL’s longstanding effort to draft and implement a wider fiduciary definition? Campbell says service providers’ fear that such a redefinition will cut back even further on the advice they can provide directly to plan participants is a valid one—but an expanded fiduciary definition need not further limit the availability of advice for plan participants, depending on how it is enacted. 

“This administration clearly wants to expand the list of service providers who are going to be considered fiduciaries,” he explains. “And part and parcel of that, therefore, is how the transaction rules apply. When you are a fiduciary, the prohibited transaction rules apply to you in a way they don’t when you are not. So, that said, the effect of what the administration wants to do, without additional exemptions, would be to exacerbate a lot of these concerns.”

However, Campbell hopes a revision to Section 406 would solve a lot of the worries that have caused such lengthy delays and heated debate around the DOL’s fiduciary redefinition effort.

“So in other words, whether they expand who is a fiduciary or not, the lack-of-advice problems could still be addressed by adding more exemptions to Section 406,” Campbell says. “If they take away with both hands—by adding more fiduciaries and refusing to add to the list of prohibited transaction exemptions—it’s a problem. But if they take away with one and give with the other—perhaps making more brokers into fiduciaries but allowing more leeway for these brokers and other parties to give advice and direction to plan participants—that could be a favorable result for everyone.”

Unfortunately it looks like the DOL may continue making the perfect the enemy of the good, Campbell says.

“The Obama administration has taken the stance that all conflict must be prohibited rather than mitigated,” he says. “Frankly I don’t hold out a lot of hope that their effort on the new fiduciary rule will help these issues we are talking about. 

“We’ve seen a lot of recognition in Congress and the industry that where the DOL originally wanted to go on the new prohibited transaction rules was going to make some things worse,” Campbell adds. “My hope is that, when they come through with a new proposal, either they will reflect some of this criticism, or they will start a new debate that will lead to changes. That’s a fight we’re going to be getting into next year.”

«