Alight to Offer Auto-Portability Solution to DC Plan Clients

Retirement Clearinghouse says it hopes other recordkeepers will adopt its product to help reduce the depletion of retirement savings from premature cash-outs.

Alight Solutions is spearheading the launch of the Retirement Clearinghouse Auto Portability program.

Alight will offer the automatic portability solution to its client base of 185 defined contribution (DC) plan sponsors serving nearly 5 million employees at the end of this year. “I hope other recordkeepers will quickly follow Alight’s lead. Workers changing jobs often find cashing out to be the easiest option, and cash-out leakage is a critical reason that we have a nationwide retirement savings shortfall,” says Robert L. Johnson, founder and chairman of The RLJ Companies and majority owner of Retirement Clearinghouse (RCH).

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The RCH Auto Portability service, which automates the consolidation process for small accounts, has been in operation on a pilot basis since 2017. On behalf of a large plan sponsor in the health services sector, RCH completed the first-ever fully automated, end-to-end transfer of retirement savings from a safe harbor individual retirement account (IRA) into a worker’s active account in July 2017. Since that time, more than 1,600 workers have consented to have their former-employer plan accounts transferred into their current employer’s plan.

Spencer Williams, founder, president and CEO of Retirement Clearinghouse, previously explained to PLANSPONSOR that when a small account balance—less than $5,000—is automatically rolled into a safe harbor IRA, there is an electronic record of who that person is and all the demographic information associated with that account. “We then take that information—and, of course, we have to follow the highest protocol for security and confidentiality—but we essentially take that person’s Social Security number and we send it to all of the recordkeepers that are participating in the system,” he said.

Those recordkeepers, he continues, can then search their systems for an active 401(k) attached to that individual. This is all done electronically, and if a recordkeeper locates an account for the same person, it sends a notice back to the clearinghouse. After verifying that both parties have the correct person—by checking, for instance, the last name, date of birth and address information—if the scoring system says that it is a true match, the account is then transferred from the safe harbor IRA to the new plan sponsor. Throughout this process, the individual is sent updates and given the choice to opt out.

The U.S. Department of Labor (DOL) issued regulatory guidance in July 2019 and November 2018 that cleared the way for plan sponsors and recordkeepers to adopt the technology enabling auto-portability. In its 2018 guidance, the agency said plan sponsors have a fiduciary responsibility for selecting and monitoring Retirement Clearinghouse’s Auto Portability Solution, but once assets have been transferred from a plan sponsor’s retirement plan, it is no longer a fiduciary with respect to those assets. In 2019, the DOL issued its final prohibited transaction exemption (PTE) for automatic portability. It removed the requirement that participants consent to have their small balance of $5,000 or less in a safe harbor IRA automatically rolled into their new employer’s retirement plan.

In an analysis of legislative proposals, the Employee Benefit Research Institute (EBRI) provided stats that showed auto-portability would decrease retirement savings shortfalls for all age cohorts or plan participants. According to EBRI, each year, approximately 40% of terminated participants elect to prematurely cash out 15% of plan assets. For 2015, EBRI estimated that $92.4 billion was lost due to leakages from cash-outs.

Considering auto-portability as a standalone policy initiative, EBRI projected the present value of additional accumulations over 40 years resulting from “partial” auto-portability (small balance cash-outs of participant balances less than $5,000 adjusted for inflation) would be $1.5 trillion, and the value would be nearly $2 trillion under “full” auto-portability (all terminated participant balances regardless of asset level).

Results from Retirement Clearinghouse’s product use by one plan sponsor showed that, upon consolidation, workers’ median plan account balance increased by 46% and the combined future value of their preserved savings was more than $3 million at normal retirement age.

“Our vision is to dramatically reduce both premature cash-outs and savings depletion from fees charged to stranded, small-balance IRAs by providing an automated method for consolidating workers’ retirement accounts as they change jobs. These goals will be accomplished through the construction of a nationwide, electronic network that connects all employer-sponsored plans,” Williams says. “We are pleased that Alight shares that vision, and has stepped up to the plate to turn it into a reality for its clients. From this point forward, each recordkeeper that implements the technology powering auto-portability will expand the network until it reaches its full potential.”

Can Other Distributions Be Treated as Coronavirus-Related Distributions?

Experts from Groom Law Group and Cammack Retirement Group answer questions concerning retirement plan administration and regulations.

“I read with great interest your Ask the Experts column on required minimum distributions that have already been distributed in 2020 prior to the release of the CARES Act. You stated that ‘presumably, these distributions could be treated as COVID-19 distributions for those who are individuals qualified to receive such distributions under the CARES Act, which would mean that such individuals would have a full three years from the time of distribution to repay the former RMD back to the retirement plan from which it came, or roll over the distribution to another retirement plan or IRA.’ This struck me as particularly interesting, since I then wondered whether ANY type of distribution could be treated as a COVID-19 distribution for those individuals qualified to receive such distributions under the CARES Act? For example, could a refund of an excess deferral be treated as a COVID-19 distribution? How about a Roth conversion? Or is the definition of what qualifies to be a ‘coronavirus-related distribution (CRD)’ not that broad?”

Stacey Bradford, Charles Filips, David Levine and David Powell, with Groom Law Group, and Michael A. Webb, vice president, Retirement Plan Services, Cammack Retirement Group, answer:

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Interesting question, as this is an area that the original Coronavirus Aid, Relief and Economic Security (CARES) Act did leave open to interpretation. Fortunately, the IRS recently released Notice 2020-50 which provided some important clarification in this regard as follows:

“However, any amount described in Q&A-4 of §1.402(c)-2 is not permitted to be treated as a coronavirus-related distribution. Thus, the following amounts are not coronavirus-related distributions: corrective distributions of elective deferrals and employee contributions that are returned to the employee (together with the income allocable thereto) in order to comply with the § 415 limitations, excess elective deferrals under § 402(g), excess contributions under § 401(k), and excess aggregate contributions under § 401(m); loans that are treated as deemed distributions pursuant to § 72(p); dividends paid on applicable employer securities under § 404(k); the costs of current life insurance protection; prohibited allocations that are treated as deemed distributions pursuant to § 409(p); distributions that are permissible withdrawals from an eligible automatic contribution arrangement within the meaning of § 414(w); and distributions of premiums for accident or health insurance under § 1.402(a)-1(e)(1)(i).”

So clearly the definition has some restrictions, including the fact that excess deferrals as well as other types of contribution excesses, cannot be treated as a CRD.

While we do not have similar guidance for Roth in-plan conversions (Notice 2020-50 make no mention of Roth at all), the Experts expect the result would be the same. The IRS recently issued FAQs regarding COVID-19 distributions, specifically stating in Q/A-4 that “[a] coronavirus-related distribution is a distribution that is made from an eligible retirement plan to a qualified individual . . .”, supporting the need for an actual distribution of amounts to an individual, which does not occur with such conversions. Further, as the amounts are not actually being distributed from the plan, there is no argument that the funds are needed for COVID-19 relief—while proof of such need, and the corresponding use of the funds for that reason is not required, an actual distribution seems to be. Although it could be helpful for an individual to be able to take advantage of some of the benefits of a CRD, such as the spread of taxation or avoidance of the 10% early distribution penalty, pending guidance, it seems unlikely these benefits extend to the Roth in-plan conversions.

We note that plan sponsors are permitted to choose the extent to which they amend their plans to provide for CRDs, and qualified individuals may treat a distribution that meets the requirements as a CRD (even if the plan was not amended to treat such distribution as a CRD).

 

NOTE: This feature is to provide general information only, does not constitute legal advice, and cannot be used or substituted for legal or tax advice.

Do YOU have a question for the Experts? If so, we would love to hear from you! Simply forward your question to Rebecca.Moore@issgovernance.com with Subject: Ask the Experts, and the Experts will do their best to answer your question in a future Ask the Experts column.

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