Advisory Council Sees More Work Ahead for Retirement Income Products as QDIA

The council rounded up three days of QDIA discussion that focused primarily on creating a pension-like guaranteed income option in DC plans.

The Department of Labor’s Advisory Council on Employee Welfare and Pension Benefit Plans, also known as the ERISA Advisory Council, on Thursday held the final discussion in this week’s series centered on retirement income products and their place within qualified default investment alternatives.  

Members debated the complexities of integrating lifetime income options into retirement plans and the broader implications for plan sponsors and participants amid the changing retirement landscape. 

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During the discussion, Alice Palmer, the vice president and retirement plan service chief counsel for the Lincoln Financial Group, highlighted key testimony from industry experts, drawing attention to the comparability of retirement income products. 

“Whether your money is in a Vanguard fund, or whether your money is in guaranteed income solution, what that translates to in retirement, depending on the product, can be equivalent,” she said.  

Palmer raised questions about how liquidation of these products affects retirees’ purchasing power and whether the value preserved in these solutions can match that of a traditional target-date fund. Palmer emphasized the need for further research on how annuity products influence retirees’ ability to maintain their living standards. 

Beth Halberstadt, a senior partner in and the U.S. defined contribution investment leader at Aon, echoed Palmer’s concerns, agreeing that there is a significant opportunity for more guidance on retirement and lifetime income options within qualified plans. She stressed that the current regulatory framework, particularly Section 404(c) of ERISA, does not provide detailed guidance on how fiduciaries should assess or select these products.  

“When we think about the rules that we have today, 404(c) is pretty high level,” Halberstadt said. “It doesn’t go into telling fiduciaries how to assess, how to pick, how to select.” 

However, Halberstadt cautioned the group against letting perfection hinder progress, encouraging incremental steps toward improving available guidance. She also called for a balanced approach that fosters creativity while mitigating litigation risks. 

“We know we don’t want to stifle innovation,” she says. “We’re already struggling in the DC space with innovation and litigation and trying to strike that right balance.”  

Another key voice, Holly Verdeyen, a partner in and the U.S. defined contribution leader at Mercer, raised questions about the council’s focus. She noted that much of the testimony and discussion centered on the lifetime income component, despite the council’s original mandate to examine QDIAs as a whole.  

Verdeyen emphasized the importance of determining how much of the final report should address the current state of QDIAs, suggesting that the conversation may have drifted too far into lifetime income products. Halberstadt agreed, but noted that foundational reports, such as those from Morningstar and Vanguard, could help address the gaps in testimony and provide a more complete picture. 

In its future work, the council intends to further evaluate how lifetime income products can be integrated into QDIAs and how these decisions will impact plan sponsors’ fiduciary responsibilities. It will continue to focus on balancing innovation with the need for clear guidance, ensuring that retirees’ financial security is maintained across various product offerings, according to concluding statements from the advisory made Thursday. 

SEC Advisory Committee Hearing on Best Interest Advice Set

The group will discuss financial professionals obligations to clients in light of the court stays on the DOL’s retirement security rule. 

The Securities and Exchange Commission’s Investor Advisory Committee will host a public hearing on September 19 to discuss the current state of investment advice provided by financial professionals, the regulator announced Thursday. 

The committee, which advises the SEC on how to help protect investors, will hold a public discussion giving a history of and update on investment advice and trends in securities litigation, starting at 10 a.m. EDT at the regulator’s headquarters in Washington, D.C. and available to watch via the SEC’s website.  

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The investment advice panel is being held in part to discuss the “uncertainty and confusion” stemming from two U.S. district court judges staying the Department of Labor’s Retirement Security Rule, which sought to revise the definition of fiduciary advice for retirement-related investments.  

“In light of those court decisions and the varying definitions of fiduciary under SEC rules, ERISA and state law, this panel will discuss the differences, similarities and nuances of financial professionals’ obligations to their clients and how this may impact investors,” the advisory panel wrote in its description of the session, which will be titled, “Investment Advice: A History and Update on Who is Required to Serve in Your Best Interest.” 

Those opposed to the DOL’s rule, including plaintiffs in the lawsuits filed in two Texas district courts, have argued that the SEC’s Best Interest regulations, along with state rules regulating the sale of insurance products, already protect investors from getting bad or conflicted advice. Those opponents also allege that the DOL overstepped its jurisdiction with the latest iteration of its fiduciary rule changes.

The DOL has yet to respond to the stays in court, though the docket for American Council of Life Insurers v. Department of Labor shows shows an order for it to file by September 27. 

The first SEC advisory committee session will include Jason Berkowitz, chief legal and regulatory affairs officer for the Insured Retirement Institute, which has opposed the DOL’s amended rule. It will also include Erin Koeppel, managing director of government relations and public policy counsel at the CFP Board, which has supported the DOL’s rule. 

The second session will focus on trends in securities litigation, including the regulatory framework that protects investors’ ability to submit shareholder proposals and to bring claims under Section 11 of the Securities Act of 1933 —which seek to hold investment advisories liable for damages caused by untrue statements in securities offering documents.

The Investor Advisory Committee was established by the Dodd-Frank Act and is authorized by Congress to submit findings and recommendations to the commission. 

The agenda for the discussions is at this link. investorinvest

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