A Vision for National Retirement Reform

April 21, 2014 (PLANSPONSOR.com) - The push for establishing mandatory access to workplace retirement savings provides important insights into the path advocacy groups must take to influence national retirement policy.

State and federal lawmakers first started kicking around the idea of requiring private employers to offer some type of tax-advantaged retirement savings program nearly a decade ago, but they have made little substantial progress (see “Rules/Regs: Auto-IRAs”). In recent years, the effort has been channeled largely into so-called “auto-IRA bills” that seek to force employers to offer workers, at a minimum, the chance to fund an individual retirement account (IRA) with pre-tax payroll deductions.

Proponents of auto-IRA bills point to plan access as the most important factor in determining whether the typical worker will be able to approach retirement confidently, explains Brian Graff, executive director and CEO of the Association of Pension Professionals and Actuaries (ASPPA). Supporters of auto-IRAs feel their proposals are the most pragmatic way to expand retirement plan access for American workers, he says, as a workplace IRA does not require matching contributions or burdensome testing associated with 401(k)s and other prevalent employer-sponsored options.

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And the vast majority of employers, who already use a payroll service provider, would be able to quickly and affordably develop the necessary payroll deduction capabilities, Graff says, making auto-IRAs a sort of win-win where few easy answers exist.

There are currently 16 legislatures in predominantly blue states considering some type of mandatory workplace IRA bill, Graff says. Similar bills have been introduced on multiple occasions at the federal level, but ASPPA anticipates it will be one or more of these states that ultimately determines the future of such legislation. Many West Coast states are on the list, including California and Oregon, as well as a number of states in the Great Lakes region and New England—including Illinois, Ohio, West Virginia and Maine. Louisiana and Arizona are the only southern states considering an auto-IRA proposal.

“It has really become a grassroots legislative movement in recent years,” Graff tells PLANSPONSOR. “State officials are aware that this is now the number one concern identified by American workers, not being able to save enough to retire comfortably. And one of the principal concerns driving the discussion, more and more, is the lack of coverage.”

Graff likens the collective effort around auto-IRAs to the decades of state-level work that occurred on health care reform before the Patient Protection and Affordable Care Act (or ACA) was actually made law. During that debate, states like Massachusetts forced the federal government’s hand by passing their own sweeping health care reforms that put increasing amounts of daylight between some states and others on health care delivery, pricing and insurance practices, Graff says.

“For the auto-IRA, it’s very much the same conversation that we were seeing in health care a decade ago, the language is the same,” Graff says. “It’s a discussion about improving ‘coverage,’ ‘access’ and ‘cost,’ just as it was with health care, and it’s picking up steam in a similar way.”

Graff says his work with ASPPA has brought him to nearly all these state legislatures in recent years, and he has heard strikingly similar debates and arguments regarding the auto-IRA in each state. He says this is in part because workers across the U.S. face a very similar retirement savings issue, and also in part because advocacy groups and lobbyists have had success getting state officials and their bills on the same page.  

He says all 16 states have introduced proposals that would require employers to offer a workplace IRA, but a smaller subset of states is also pushing a state-sponsored retirement plan option, much in the spirit of President Obama’s “myRA” proposal (see “Is Obama Taking Right Path to Retirement Security?”).

“One of the misunderstandings that we consistently see has to do with these state options,” Graff explains. “We often see it reported that employers not currently offering a plan would be required to offer the state option, and they call this Obamacare 2.0, but that’s just flat out wrong. The state option would be just that, another option, and the auto-IRA is something separate.”

Graff says ASPPA is actually somewhat ambivalent about the idea of a state plan option, as it’s unclear that simply offering another choice would impact the original participation problem. What matters far more is developing mandatory and automatic workplace access to some form of retirement savings program, he says.

“If they simply create another financial services product, it’s just going to sit there like the myriad of products that already exist and there’s little reason to think it would cause a big pick up in retirement savings,” he says. “That’s the problem with the president’s proposal as well, we feel. It’s going to just sit there, the myRA. That’s not accomplishing anything.”

Graff says ASPPA is operating under the assumption that one or more of these states “will get something done on this in the relatively near future,” which should in turn reinvigorate the federal discussion and precipitate wider action.

“It’s more of a ‘when’ proposition as opposed to an ‘if’ proposition,” he says. “And once that happens, once one of the states makes its move, I think the federal conversation becomes much more real and necessary. So tactically, the most likely scenario is that we’ll have a state or two do this, and then the federal government will feel the need to step in. We’re not going to go through this state by state.”

As for why the federal government would feel motivated to step in, Graff says the answer has a lot to do with simplicity. Just like a private company operating across dozens of states, the more sets of rules that exist, the more difficult it all is to oversee.

Increasing Benefits Limits Does Not Encourage New Plans

April 21, 2014 (PLANSPONSOR.com) – Data does not suggest a strong connection between increases in contribution limits and the creation of new retirement plans, according to a U.S. Government Accountability Office (GAO) study.

The report, “Private Pensions: Pension Tax Incentives Update,” says despite increases in the statutory contribution limits, new retirement plan growth remained fairly steady between 2009 and 2011. The observed decrease in the number of small defined contribution (DC) plans offset all aggregate plan growth, resulting in the total number of plans falling below levels from 2000, though the number of participants did increase over the same period. Findings also show that factors other than contribution limits, including the recession, may have influenced the amount of new plan formation over the 2009 to 2011 time frame.

The study finds since 2000, the dollar amount of these limits has increased over time, but from 2009 through 2011, the number of new pension plans formed each year in the private sector remained relatively flat, and was below the levels reported previously for 2003 through 2007.

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More specifically, from 2009 through 2011, private-sector employers sponsored about 81,000 new pension plans, including 75,000 DC plans and 6,000 defined benefit (DB) plans. DC plans with fewer than 100 participants accounted for about 90% of all new plan growth over this period. In addition, the net change in the number of pension plans over this period was negative, with the number of terminated plans more than offsetting new plan formation by nearly 34,000 plans.

Over the three-year span from 2009 through 2011, private-sector employers terminated about 106,000 DC and 9,000 DB plans. Overall, there were about 52,000 fewer employer-sponsored pension plans in the private sector in 2011 than there were in 2000. The study indicates while tax incentives from increased contribution limits may have spurred new plan formation, other events such as company consolidations and bankruptcies stemming from the recent recession may have discouraged it.

The study also finds high earning and male DC participants accounted for a larger share of those reaching or exceeding contribution limits. An estimated 76% of participants who contributed at or above any of the 2010 contribution limits were in the top 10th percentile of earners, while 47% were in the top 5th percentile. By contrast, the study finds an estimated 2% of participants who contribute at or above any of the 2010 contribution limits had median earning or below.

In addition, an estimated 78% of those contributing at or above the 2010 catch-up contribution limit were men and 22% were women. In 2007, an estimated 74% were men and 26% were women.

Findings from a 2011 version of the GAO study showed 92% of all new plans formed between 2003 and 2007 were DC plans, with 89% being small DC plans. The more-recent study finds that 93% of all new plans formed between 2009 and 2011 were DC plans, with 79% being small DC plans. The recent data also shows about 26% of these new small DC plans were sponsored by four kinds of professional businesses—doctors’ offices, dentists’ offices, lawyers’ offices and non-categorized professional services.

“To encourage private-sector employers to sponsor pension plans and U.S. workers to save for retirement, federal law authorizes a variety of tax incentives for employer-sponsored pension plans and other retirement savings vehicles. These tax incentives are structured to strike a balance between encouraging employers to start and maintain voluntary, tax-qualified pension plans and ensuring that lower-income employees receive an equitable share of the tax-subsidized benefits,” says Charles A. Jeszeck, director of Education, Workforce and Income Security Issues for the GAO.

Jeszeck explains that under current federal law, certain employer contributions to qualified pension plans, contributions made at the election of the employee through salary reduction, and income earned on pension assets are not taxed until distributed. “Yet these tax deferrals come at a cost. The Joint Committee on Taxation has estimated that in fiscal year 2014, the tax expenditures for such deferrals will result in the U.S. Treasury forgoing around $100 billion in income taxes,” he says.

There are some in Congress that have proposed modifying retirement-related tax deferrals to increase revenue for the federal government. Many in the retirement industry have voiced concerns that such legislation proposed to Congress, which would also freeze contributions limits for up to 10 years, would heavily discourage employers from creating retirement plans and employees from participating in such plans (see “Industry Groups Raising Alarms About Tax Reform”).

The GAO report can be downloaded here.

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