Considerations to Help DC Plan Sponsors Regroup for the New Year

Mercer says delving into participant data and keeping up with new product offerings, legislation and regulations can help plan sponsors improve their retirement programs in 2022.

Keeping an eye on participant data will help defined contribution (DC) plan sponsors hone their plan designs and communications in 2022, Mercer says in its “Top Considerations for Defined Contribution Plans in 2022” white paper.

“This includes considering how demographic and environmental characteristics may influence participant needs,” Mercer says. The report notes that recordkeepers are at the ready to use technology to make participant experiences more personalized.

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“Sponsors should stay up to date on offerings from both their current administrator and the broader DC space to determine which solutions may be the most relevant for their populations,” Mercer says. It reminds plan sponsors that cybersecurity is on the Department of Labor (DOL)’s radar, so they should continue to evaluate providers to make sure participants’ personally identifiable information (PII) is safeguarded.

DC plan sponsors should also keep up with investment product evolution, Mercer suggests. The introduction and use of retirement income solutions for participants is progressing, as is the view of the appropriateness of environmental, social and governance (ESG) investing within retirement plans. The report suggests that sponsors should review investment menus with an eye toward what participants need.

They should also ask whether participants would benefit from investments that generate retirement income and which products are appropriate; whether the plan’s investments offer inflation protection for participants; whether participants would benefit from investment advice through managed accounts; and more, according to the white paper.

On the topic of investments, Mercer points out that the stock market growth of the past year has not been all good news for plan sponsors.

“As certain asset classes have performed strongly in 2021, some investment managers, such as small-cap equity managers, have become capacity constrained and sponsors have been left with gaps in their investment lineups as investments strategies have closed,” the report says. “Fiduciaries should consider whether custom, multi-manager portfolios may provide better flexibility for growth in assets, in addition to improved diversification.”

Considering all that DC plan fiduciaries have to keep up with, outsourcing tasks is becoming more popular. Mercer notes that policymakers recognize the burdens on plan sponsors, as evidenced in the provisions of the Setting Every Community Up for Retirement Enhancement (SECURE) Act that created pooled employer plans (PEPs). “The spectrum of outsourcing solutions has expanded and sponsors may wish to review available options as needs change,” the report says. It notes that outsourcing some aspects of DC plan management could help with the soaring cost of fiduciary liability insurance.

On the topic of providers, Mercer says that as recordkeeper consolidation continues, it might put pressure on plan sponsors to standardize their DC offerings, making it harder to differentiate their benefit offerings for potential candidates. However, Mercer expects recordkeepers to continue to innovate their offerings.

On a final note, Mercer suggests that DC plan sponsors stay informed about proposed and finalized legislation and regulations to be ready to adjust retirement plan features and communications or to take advantage of opportunities to improve plan design. Among the questions it says plan sponsors should ask is, “How do we evolve our retirement strategy in light of these proposals to meet the needs of our entire population, from executives to entry-level employees?”

Additional Deferral Opportunities When 403(b) Isn’t Allowed

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

We are a county hospital that is NOT dual status (i.e., we are NOT a 501(c)(3) charitable organization) and thus cannot sponsor a 403(b) plan. We sponsor a 401(a) and a 457(b) plan, but our 401(a) does not allow pre-tax deferrals. Some of our physicians have come to us seeking additional deferral opportunities, since they can only defer to the 457(b) plan. Is there anything that our physicians (or any other employee) might be able to do to save more for retirement?”

Charles Filips, Kimberly Boberg, David Levine and David Powell, with Groom Law Group, and Michael A. Webb, senior financial adviser at CAPTRUST, answer:

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There are some possibilities for additional contributions, though they may not be pretax/Roth elective deferrals. The first thing you should investigate is whether your state or local government sponsors a 401(k) plan. States and local governments are no longer permitted to create 401(k) plans and have not been able to do so since May 6, 1986. However, state/local governments that had plans at that time are “grandfathered” and can permit new participants to join the plan. Most of these state/local governments will allow your employees to participate, as long as you are paying into the state retirement system for those employees. However, you will need to check the plan(s) for employee eligibility, as it may vary.

If your state/local 401(k) is not an option, there are no other potential options for qualified pre-tax/Roth elective deferrals as far as the Experts are aware. However, there are two options for additional physician contributions to your 401(a) plan. First, as we discussed in a prior Ask the Experts column, mandatory pretax “pick-up” contributions under 414(h) may be made to your 401(a) plan. However, such contributions are not subject to employee discretion, meaning that they cannot be changed or discontinued by the employee. Thus, these “pick-up” contributions are not nearly as flexible as pre-tax elective deferrals to a 401(k) plan would be for your employees. And, of course, your plan will need to specifically allow for this provision.

In addition, if your 401(a) plan allows for after-tax contributions, your physicians, if eligible for the 401(a) plan, may make such contributions to that plan up to the lesser of 100% of pay or the 415 limit less any other contributions (e.g., employer contributions) to that plan. The 415 annual contribution limit is $61,000 in 2022. These contributions are completely voluntary but cannot be pre-tax or Roth; they must be after-tax.

These arrangements generally cover the options that would be available to such physicians. You may hear of other plan types that you may sponsor, such as a 415(m) plan or a 457(f) plan, but these are supplemental plans that are much less likely to address the specific needs of your physicians to make additional contributions for retirement plan purposes and should likely only be explored after all the options above have been exhausted.

 

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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