Willis Towers Watson Supports OCIO Model for DB Plans

In a report, the firm aims to challenge five myths about using OCIOs.

For defined benefit (DB) plans that do not have in-house investment capabilities, the outsourced chief investment officer (OCIO) model is a means of filling the gap between the resources required to run efficient investment strategies and the typically constrained governance budget of a pension plan, Willis Towers Watson contends.

In a report, the firm aims to challenge five myths about using OCIOs. For example, the report says a concern among some sponsors and investment committees is if you delegate some of your decision making to a specialist, you are no longer in control of your plan and potential investment outcomes. However, Willis Towers Watson notes that investment committees still control the objectives and the constraints within which the plan operates. “If circumstances or needs change, investment committees and plan sponsors still have the power to change the objectives and the constraints within which the delegate is working,” the report says.

Get more!  Sign up for PLANSPONSOR newsletters.

The firm also challenges the argument that OCIOs are conflicted because they profit from their position as both adviser and investment implementer. “A good service will always command a fee. In the OCIO model, plans may pay a service fee, and it should be transparent and separate from any management fees. OCIOs will only retain these mandates if they perform their duties and are held accountable. In the case of the OCIO model, we feel the provider should acknowledge they are a fiduciary under [the Employee Retirement Income Security Act (ERISA) within the service agreement and, therefore, are subject to the standards of prudence under ERISA,” the firm says.

NEXT: Is OCIO untested, expensive or only for plans of certain size?

Another myth challenged in the report is that an OCIO is a new and untested concept. To this Willis Towers Watson says, “While the terms ‘OCIO’ and ‘fiduciary management’ are relatively new, the ideas that underlie them are not. A multi-asset approach to managing pension fund portfolios is nothing new.” But, the firm says it believes the multi-asset approach is often implemented through a range of costly or inefficient allocations, which requires a high level of governance on the part of the plan. With the OCIO model, governance is considerably strengthened and portfolio decisions can be made in real time to take advantage of changing market opportunities, the firm contends. “Based on our experience, outcomes have been generally positive and have the potential to improve funded status, particularly in volatile market conditions,” the report says.

To the argument that an OCIO is only for plans of a certain size, the firm responds that, “We feel the model is less about size and more about how feasible it is to build a dedicated in-house resource to manage the considerable demands of institutional portfolio management.” Willis Towers Watson says many organizations have discovered that finance professionals are strained to assess risks within a real-time investment environment, and allocating individuals to the pension plan can leave financial functions short of resources. “Of course, the very large plans do have the option of developing an in-house team, and some have exercised this option. But for most other plans, we believe the OCIO may potentially improve their investment governance and outcomes,” the firm says.

To the argument that using an OCIO is expensive, Willis Towers Watson concedes that plans are asked to spend more money on a service that was previously a relatively small part of the annual budget. But in aggregate, across the plan, employing an OCIO does not necessarily mean costs rise because the plan sponsor may anticipate an overall potential savings for the plan from lower investment fees due to the OCIO’s buying power as well as intangible time savings for staff and committee members.

Starwood Hotels 401(k) Excessive Fee Suit Moves Forward

A district court judge found the plaintiffs “have pleaded sufficient facts from which the Court can reasonably infer that Starwood employed a flawed process for selecting recordkeeping and administrative services.”

A federal district court has moved forward one claim in a lawsuit against Starwood Hotels regarding excessive recordkeeping and administrative fees for its 401(k) plan.

U.S. District Judge Dale S. Fischer of the U.S. District Court for the Central District of California said in his opinion, “When viewed in the light most favorable to Plaintiffs, the Court can infer from these facts that Starwood’s recordkeeping and administrative fees were excessive prior to 2015 and are still excessive. Although Plaintiffs do not specifically allege how Starwood breached its fiduciary duty through improper decision-making, they have pleaded sufficient facts from which the Court can reasonably infer that Starwood employed a flawed process for selecting recordkeeping and administrative services.”

Never miss a story — sign up for PLANSPONSOR newsletters to keep up on the latest retirement plan benefits news.

In addition to the plaintiffs’ breach of fiduciary duty claims based on its alleged failure to ensure reasonable recordkeeping and administrative fees, they claimed Starwood breached its fiduciary duties by failing to offer a stable value fund, follow participants’ investment instructions, provide adequate disclosure regarding revenue sharing, and exclude the BlackRock LifePath 2050 Index Fund, which charged excessive fees, from the plan’s investment menu. Starwood argued the statute of limitations bars all five claims.

For the claim regarding the BlackRock LifePath 2050 Index Fund, Fischer relied on In re Northrop Grumman Corp. Erisa Litig., which found a breach of fiduciary duty claim time-barred where documents sent to plaintiffs disclosed the fees charged, putting them on notice of the allegedly excessive fees. Fischer said the plaintiffs do not dispute they received documents disclosing the fees charged by the BlackRock LifePath 2050 Index Fund outside the Employee Retirement Income Security Act’s (ERISA)’s three-year statute of limitations period. He ruled the claim regarding this fund is time-barred.

Regarding the claim of excessive recordkeeping and administrative fees, Fischer noted that annual notices for the plan specify that some fees are deducted from the investment returns and do not appear as separate line items on the statements. In addition, the plaintiffs’ account statements also specify that some administrative expenses are paid from the expenses of the investment funds. So, Fischer found this claim is not time-barred.

On the other three claims Fischer noted that “despite the heading, ‘ALL CLAIMS ARE TIMELY . . .,’ Plaintiffs address only excessive fees. By failing to address Starwood’s statute of limitations arguments regarding the stable value fund, investment instructions, and revenue sharing theories of liability, Plaintiffs concede their merit. In the absence of an amended complaint, Plaintiffs may not proceed on the other aspects of their breach of fiduciary duty claim.” He gave plaintiffs until June 1 to file an amended complaint.

«