FINRA Fines AXA for Misrepresentations to 401(k) Plans About Bond Funds

FINRA accuses AXA of providing documents to plan sponsors and participants that misrepresented the credit quality of certain bond funds offered in group annuity contracts to 401(k) plans.

The Financial Industry Regulatory Authority (FINRA) has fined AXA Advisors $600,000 and ordered it to pay restitution in the amount of $172,461.33 to 401(k) plans for misrepresenting the credit quality of certain bond funds offered within group annuity contracts for 401(k) plans.

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In a letter of acceptance, waiver and consent signed by AXA, which did not admit or deny FINRA’s findings, the regulatory authority claims that from September 2010 through November 2015, certain enrollment forms, investment options attachments and other documents created by AXA’s affiliated life insurance company misrepresented that certain bond funds were “investment grade” when they were not. In addition, FINRA accuses AXA of failing to establish, maintain and enforce a supervisory system to determine whether the documents distributed to plan sponsors and participants accurately described the credit quality of the bond funds.

According to the letter, the misrepresentations affected approximately 800 retirement plans and 6,200 plan participants.

In addition to the fine and restitution, AXA consented to an undertaking to send corrective disclosures to all affected plan participants.

In a statement to PLANSPONSOR, an AXA spokesperson said, “We remain committed to transparency and accuracy in all communications and we regret this occurred. We are pleased to have resolved this matter and are providing remediation to those who may have been adversely impacted.”

Q4 2018 Volatility Leads DB Sponsors to Focus More on Risk

Asked what they plan to look for in asset management searches in the next 12 months, the majority of mid-sized defined benefit (DB) plan CIOs said better risk-adjusted returns, and they plan to turn to private equity, real estate and hedge funds.

In light of the market volatility in the fourth quarter of 2018, Cerulli set out to gauge the sentiment of mid-sized defined benefit (DB) plans and subsequently issued a white paper, “Derisking DB Plans in Flux.”

While DB plans made tens of billions in contributions in 2018 and also benefitted from higher discount rates, market volatility in the latter part of the year erased many of these gains. And while market conditions improved in the first months of 2019, Cerulli found that mid-sized plans surveyed in the first quarter expressed a greater focus on investment risks and fees paid to third-party asset managers.

Fifty-six percent of these DB sponsors ranked strategic asset allocation advice and risk analytics from investment managers as very important.

Through September 2018, the average corporate DB plan’s funding status improved from 85% to the low to mid 90s. Many plans, particularly larger ones, had frozen benefit accruals, and due to the September 2018 tax deduction deadline, corporate pension contributions skyrocketed, which led to record levels of pension risk transfer (PRT). However, “financial market volatility in late 2018 brought on largely by concerns of slowing global growth changed the game seemingly overnight,” Cerulli says. “Investment drawdowns in equities and fixed income overwhelmed higher contributions as well as any increase in long-term discount rates used to value pension liabilities.” In fact, the volatility was so pronounced that it wiped out all of 2018’s funding improvements.

Due to the Federal Reserve holding off on short-term interest rate increases in early 2019, the markets rebounded. However, Cerulli says, “despite the bounce back, one can’t fault a corporate DB CIO for feeling shell-shocked. Recalling the 2007-2008 global financial crisis losses, CIOs tell Cerulli that their companies cannot stomach such volatility again.” Sixty-three percent said funded status volatility and the uncertainty of pension contribution levels encouraged them to derisk.

Forty-two percent of these DB managers are concerned about interest rates, although 37% are relatively not concerned. Fifty-six percent rank strategic asset allocation advice and 44% rate tactical asset allocation as very important. Only 47% use an investment consultant.

These DB sponsors say that 53% of their assets are in liability-hedging strategies. Asked what they plan to look for in asset management searches in the next 12 months, the majority said better risk-adjusted returns. They said they plan to turn to private equity, real estate and hedge funds.

In its report, Cerulli suggests asset managers help corporate DB plans take a more holistic view of investment performance and risk, particularly when it comes to asset-liability management.

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