Employers Have Enhanced Well-Being Programs, Not Added Annuities

Employers have embraced 401(k) plan benefits changes for 2023 but have avoided certain enhancements provided by the original SECURE Act.

Employers have changed their 401(k) plans for 2023 but have generally not embraced additional enhancements provided by legislation passed in 2019, new data from Alight showed.

Employers have not embraced adding in-plan annuities to defined contribution plans, which was one of the legislative provisions of the Setting Every Community Up for Retirement (SECURE) Act of 2019, the report showed.

“The SECURE Act did little to quell employer concerns about annuities,” the Alight report stated. “Even though the SECURE Act was designed to help relieve fiduciaries’ responsibilities for selecting an in-plan annuity provider, nearly half of employers say fiduciary concerns are a major reason they don’t have annuities in their plans.”

Alight’s data showed that among employers, 47% cite fiduciary concerns as a major reason for not adding annuities. The figure has remained stagnant since the 2018 report, Alight found. Most (44%) of employer respondents are waiting to see how the market evolves, and an equal percentage cite difficulty with participant communication. Fully 38% of respondents blame operational or administrative concerns, and 32% cite participant use concerns as major reasons for abstaining from annuities, the Alight research showed.

Alight data showed 12% of employers already have annuities in their defined contribution plan, 3% are very interested in annuities for the plan, 35% are moderately interested and 51% are not at all interested in annuities in their defined contribution plan.

Plan sponsors are, however, taking other actions intended to improve retirement outcomes for participants. Many were driven to make changes to their 401(k) and other defined contribution plans because of inflation, hammered stock markets and the lingering impact of the COVID-19 pandemic, the 2023 Alight Solutions Hot Topics in Retirement and Financial Wellbeing Report found.

The current economic environment has spurred five out of six plan sponsors to change their 401(k) plans in 2022 or plan to in 2023, the report found.

“Employers’ top initiatives are enhancing their financial wellbeing programs, measuring the competitiveness of their retirement plans and expanding inclusion and diversity efforts,” the report stated.

Employers are providing resources, including guidance on investing when inflation is high, and are likely to increase communication to workers about investing in the current environment, as 87% reported being very or moderately likely to expand their financial well-being program in 2023, the research showed.

The largest group of employers, 55% of those responding, said they have already or are expected to provide participants with access to advisers who offer guidance on investing, Alight Solutions found. Another 29% either added in 2022 or are expected to include in 2023 an inflation-protection specific investment such as Treasury inflation protected securities in the plan, 25% of employers said they provide tools than can model inflation scenarios and 13% said they focused on communicating to participants how to invest in high-inflation environments, the research showed.

In 2023, 61% of employers said they plan to offer budgeting assistance, compared to 35% that did in 2018, the research shows.

Among employers responding to the survey, 47% said they are very likely to focus on financial well-being of employees—with strengthened plan features, planning, resources communication, mobile apps or online tools—beyond retirement decisions, 40% are moderately likely and 13% not at all likely to do so, the research showed.

Alight also found that 38% of employers say they are very likely to expand inclusion and diversity efforts in retirement and financial well-being plans, 39% say they are moderately likely and 24% say they are not at all likely. Finally, 42% of employers reported they are very likely to measure the competitive position of the retirement program, with 35% moderately likely and 24% not at all likely.

“We did not ask how employers are increasing benefits,” says Rob Austin, director of research at Alight Solutions, in an email. “Anecdotally, some plan sponsors are providing richer matches or relaxing eligibility and vesting requirements.”

The Alight report was based on data acquired from 90 employer respondents employing more than 3 million workers. The survey was administered by Alight in September 2022.

California Food Processing Firm Sued for Alleged ERISA Violations

Participants of a retirement plan sponsored by Ventura Foods allege that Ventura’s mismanagement cost their retirement savings significantly.

An Employee Retirement Income Security Act class action suit was brought against Ventura Foods LLC, a Brea, California-based food production and processing firm, in the U.S. District Court for the Central District of California by a current Ventura employee. The case is called Jim Gramstad vs. Ventura Foods, LLC.

The lawsuit, filed on December 21, 2022, alleges that Ventura overpaid its recordkeeper by allowing variable indirect fees to grow unreasonably high.

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Recordkeepers can be paid directly or through revenue sharing. If the funds being managed do well, the revenue sharing fees can grow in excess of what direct payments would have produced at normal market rates.

Funds do not grow more expensive to manage as they grow in value, so plan sponsors are supposed to collect rebates from recordkeepers who are paid by way of revenue sharing if their fees become unreasonable, the complaint alleges.

The plaintiffs allege that Ventura violated their fiduciary duties by not monitoring the growth of these fees. The plaintiffs obtained and summarized the Form 5500s sent by Ventura to the Department of Labor and allege that Ventura paid more on a per-participant basis than plans of a similar size. These excessive fees hurt the savings and compounding value of the participants, according to the complaint.

The fees were untethered to the services rendered by the recordkeeper, since they were based on asset price, and the plan did not receive extra or custom services from the recordkeeper, according to the complaint.

The plaintiffs also allege that Ventura maintained poorly performing funds in its investment lineup, which failed to meet industry standard benchmarks such as Morningstar category indexes, which categorize funds so they can be compared with each other.

The complaint specifically cites the T. Rowe Price Blue Chip Growth Fund, which was ranked in the bottom 10% in its category by Morningstar but was not removed by the plan. The plaintiffs also cite the Oakmark Equity and Income and Invesco Developing Markets funds as imprudent choices which hurt the participants’ savings.

The plaintiffs say the only way these outcomes were possible is if Ventura had a very flawed investment process. The plaintiffs are represented by Christina Humphrey Law and Tower Legal Group.

Ventura Foods did not return a request for comment and has not yet filed a response to the lawsuit. The Ventura Foods, LLC Profit Sharing 401(k) Plan had $322.7 million in assets and more than 2,900 participants as of December 31, 2021, according to the complaint.

 

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