PLANSPONSOR Roadmap 2024: Employers, Employees Value Holistic Financial Planning

Workplace financial wellness needs to be more than just a retirement account, according to experts at PLANSPONSOR’s Roadmap livestream event.

Employers are definitively moving the needle on holistic financial wellness programs, said Rebecca Liebman, CEO and co-founder of LearnLux, at the session, “Elements of an Effective Program” during the 2024 PLANSPONSOR Roadmap livestream event on financial wellness.

“Years ago, people thought that a retirement account was financial wellness, and now we know that you really need to look at your overall financial picture as a whole,” Liebman said. “When you talk about holistic financial well-being, that’s everything from helping people pay off debt—credit card debt, student debt, medical debt—all the way through retirement drawdown, estate planning and every decision in the middle.”

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Liebman said holistic planning is one of the biggest industry changes she has seen: People are transitioning from having one vertical of financial topics they address with employees, to embracing a multifaceted program.

In the past companies may have only had executive financial planning programs, she told the live webinar audience. Now they are looking for a program to support their entire workforce, including people of all income levels.

“Companies are seeing the highest rates of 401(k) loans and hardship withdrawals that they’ve seen in decades; if you put all your assets into retirement, but you can’t pay for day-to-day living right now, that’s a problem,” Liebman said. “If you have an independent program, you can help the employee with the real issue, whether that’s redoing their budget, understanding cash flow, paying off debt or having emergency savings—in the right order.”

Employees do want holistic financial wellness, but they are also looking for consolidation, noted Adelia Soremekun, senior director of total rewards at The Jackson Laboratory.

“As much as they say, ‘Give me guidance here, give me guidance there,’ they also don’t want to go to 10 different places to get help,” Soremekun said. “One of the things that we’re trying to do with our retirement recordkeeper is to enhance the tools that they’re using.”

Soremekun is trying to incorporate tools that will allow people to see their bank account, student loan and mortgage information in one place, all while having a personal coach to explain the different financial areas and offer tailored advice on how to allocate savings.

Kelli Send, co-founder and senior vice president of financial wellness services at Francis LLC, agreed that personal coaching can be a vital tool. She said people need somebody to talk to, either face-to-face or virtually, about their overall financial standing.

“The SECURE 2.0 Act [of 2022] is helping employers do more financial wellness, because now we’re thinking about including programs like the student loan payoff or having employer contributions be done to Roth,” said Send. “Those are all pretty big decisions that people need help with.”

The full livestream is available on demand. 

DOL Sends Final Fiduciary Rule to OIRA For Review

The final draft has been written and now will undergo a review expected to take about 60 days.

The Department of Labor sent the final version of its retirement security proposal to the Office of Information and Regulatory Affairs for review on Friday, March 8, 66 days after the comment period closed on January 2. The final rule will be published when OIRA, which sits within the Office of Management and Budget, finishes its review, which normally takes 60 to 90 days.

The proposal would extend fiduciary duties under the Employee Retirement Income Security Act to certain one-time recommendations, such as rollovers to individual retirement accounts, annuity sales and plan menu design sales to sponsors.

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Under the published proposal, any financial professional who exercises discretionary authority over retirement assets would be classified as a fiduciary. Additionally, if the professional “makes investment recommendations to investors on a regular basis” and the recommendation is “based on the particular needs or individual circumstances” and can be relied on “as a basis for investment decisions that are in the retirement investor’s best interest,” then that advice is also fiduciary advice.

Though the text of the final rule will not be known until OIRA finishes its review, some modifications are plausible, if not probable, based on comments from DOL staff and the public comment file.

Educational Materials

One of the leading objections to the proposal, including from those who support the proposal in principle, is that it does not adequately protect educational materials and conversations that are not explicit recommendations or “call[s] to action.”

These can include brochures that briefly summarize investment options and general information about them, such as fees and past performance. A so-called “wholesalers’ carve-out” would protect those marketing investment products from triggering fiduciary obligations, according to commentary from industry associations.

Similarly, an educational exception would likely protect human resources and call center employees who answer participant questions on procedural items, such as taking a hardship withdrawal or loan, without recommending for or against them, according to advocates of such an exception.

This was one of the more common concerns in the comment file. Moreover, Tim Hauser, the deputy assistant secretary for program operations of the Employee Benefits Security Administration, explained in a public hearing on the proposal in December 2023 that the DOL does not intend to include communications that are educational in character.

Discretionary Authority

Hauser also suggested in an interview with PLANSPONSOR that the discretionary prong of the proposal, whereby any professional with discretionary authority over plan assets is a fiduciary with regard to any recommendation they make, may reach too far. Hauser did not elaborate on how he expected this part of the rule to change.

One comment letter, submitted on March 1 by Representative Gwen Moore, D-Wisconsin, may shed light on this concern.

Moore asked in her letter about “situations in which a financial institution provides brokerage services while another asset of the investor is managed on a discretionary basis by that financial institution or one of its affiliates. When a financial institution agrees with a customer expressly, clearly, and in writing that it is providing brokerage services only, would that agreement be determinative in that a fiduciary relationship with respect to that arrangement is not created?”

In other words, many fiduciary advisers are also registered as a broker. If professionals advise on plan assets but clearly express that they are providing a brokerage service in a specific instance, then the rule should make it clear they are not acting as a fiduciary.

Under Securities and Exchange Commission rules, one may be dually registered as both an adviser and a broker, but must disclose to a client in which capacity one is operating.

Compliance Date

Under the proposal, the rule would take effect 60 days after its entry into the Federal Register—a compliance date that many, including Moore, consider too soon.

The DOL has been rigid when it comes to dates on this proposal, and it has refused multiple requests to extend a comment period that went from October 31, 2023, to January 2, 2024, overlapping with multiple major holidays. It likewise declined multiple requests to postpone a public hearing on the proposal, which took place on December 15, 2023, before the comment period had ended.

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