October 22, 2013 (PLANSPONSOR.com) - The U.S. Department of Labor has secured a consent judgment with former Santa Monica magazine publisher Twelve Signs Inc. and its president, Richard Housman.
An
investigation by the department’s Employee Benefit Security Administration
established that Housman, acting as the sole fiduciary to the employee pension
plan, violated the Employee Retirement Income Security Act (ERISA) by
mismanaging plan assets resulting in $617,839 in losses to the plan. The
judgment requires Housman to restore all losses caused to the plan, less his
share.
Investigators
found Housman breached his fiduciary responsibilities to act solely in the
interest of the company’s money purchase pension plan and its participants when
he made prohibited transactions to benefit the company. Over a period of three
years, Housman authorized 41 separate loans totaling $496,000 from the plan to
the company. The loans, which were not repaid, were used to cover operational
expenses, including payroll. The plan also lost $122,000 in estimated interest,
which Housman had guaranteed to be included upon repayment of the loans.
The
consent judgment and order binds Housman to restoring $363,913 in losses to the
remaining plan participants. To ensure repayment, Housman must attempt to
secure a life insurance policy that provides no less than $150,000 and names
the plan as the sole beneficiary. Housman will no longer serve as the plan
fiduciary and is permanently enjoined and restrained from future service as a
fiduciary of, or service provider to, any ERISA-covered employee benefit plan.
Jeanne Bryant of Receivership Management Inc. has been assigned as independent
fiduciary and will administer the plan. Housman must also report his financial
status annually to the department until plan losses are fully restored.
Twelve Signs was a
private corporation incorporated in California in 1967, which published the
print magazine Starscroll. The
company ceased operating in 2009 and filed for Chapter 11 bankruptcy protection
in January 2010.
Retirement Readiness Requires Change in Savings Plans and Beliefs
October 22, 2013 (PLANSPONSOR.com) - The economic uncertainty of the last few years has left many Americans feeling insecure about their retirement prospects.
According
to a recent survey, 58% are concerned about having enough saved for a
comfortable retirement.
Those
of us with first-hand experience in the retirement savings industry, however,
are inclined to adopt a broader, solutions-oriented perspective that’s more
optimistic. Yes, threats to our nation’s
retirement system are real, but they are not insoluble.
In
fact, new technologies along with behavioral science are being applied to the
retirement challenges that confront us—and measurable progress is being
made. By focusing on Social Security, we
ignore two enormously promising aspects of this work: the powerful
asset-building engine of redesigned workplace retirement plans and the
game-changing effect of a personal commitment to savings—as opposed to
unbridled consumerism.
As
long as we resist cynicism and resignation, there is nothing inevitable about
the failure of the retirement dream in America.
Support Employer-Sponsored Plans and
Continually Improve Them
According
to the Investment Company Institute, employer-sponsored defined contribution retirement
plans grew to approximately $5.1 trillion in assets at the end of 2012 (mostly 401(k)
and 403(b) plans). These assets are
roughly equivalent to all government retirement plan assets ($4.8 trillion) and
total individual retirement accounts (IRA) assets ($5.4 trillion).
Yes,
stock market gains have helped swell account balances. But we also have driven dramatic increases in
plan effectiveness with just a few alterations in defined contribution plan
design. For example, automatic enrollment and contribution escalation are
taking advantage of behavioral finance findings, and employers are encouraging
higher contribution rates with smarter matching formulas.
In addition, savings industry leaders have applied a
consumer-friendly approach: simplified investment platforms to reduce
confusion, and increased real-time feedback and encouragement for retirement
savers, letting them know if they’re on track and what to do if they’re not.
When
we reduce complexity, make action easy, create urgency and instill confidence, employees
will behave responsibly and use their workplace retirement plan to maximize
their savings.
Less Consumption, More Savings for a
Sustainable Approach
While
we’re making systemic improvements to plans and policy, and leveraging behavioral
science to “nudge” people into saving more, our deeply-entrenched consumer culture
works against retirement security by discouraging savings at every turn.
We
are bombarded daily by the notion that to succeed is to acquire. And what do we
have to show for all this consumerism and acquisition? Half of all Americans,
according to a report by Senator Tom Harkin, have saved less than $10,000,
while credit card debt averages more than $14,500 per household.[1] In fact, debt as a share of disposable income
rose to 118.7% in 2011 as compared to just 22% in 1956,[2] and
68% of employees acknowledge they‘re not saving enough.[3]
Retirement
dreams are built on a foundation of savings.
This is not a puritanical, penny-pinching prescription for a spartan lifestyle
devoid of expenditures. Nor is it a matter of right or wrong. It’s simply a
question of sustaining your standard of living in retirement for 30 years—or
more—in our age of increasing longevity.
One
of the hallmarks of a civilized society is financial security in
retirement. Let’s begin by improving and
promoting workplace savings plans while encouraging a belief in the efficacy of
personal savings.
Stig Nybo is the author of Transform Tomorrow: Awakening the Super Saver In Pursuit of Retirement
Readiness and the
President of Pension Sales and Distribution at Transamerica Retirement
Solutions. He serves on the board of the
Transamerica Center for Retirement
Studies, a nonprofit corporation and private foundation that is dedicated to
conducting research and educating the public on emerging trends related to
retirement security in the United States.
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.
[1]
Transamerica Center for Retirement Studies, 14th Annual Transamerica Retirement
Survey of American Workers, July 2013