Category Archives: 401(k) Plans

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401(k) safe harbor notice due December 1

It seems like there is always a deadline to meet in Pensionland. The next one of which is the December 1 due date for a calendar year plan to distribute a safe harbor notice for 2007. If the notice is timely provided and other conditions met (discussed below), a 401(k) plan is treated as satisfying … Continue Reading

Investment regulatory agencies concerned about dangers to 401(k) participants

A few months ago, I wrote about promoters fishing for retirement plan dollars. I talked about the call of early retirement for the Boomers and retirement plan provisions that permit in-service distributions – all factors that are apparently attracting promoters to get at that cash. The NASD concerned about this danger to retirement plan participants … Continue Reading

Motherhood, apple pie, and 401(k) plans

Well, maybe two out of three in New Jersey. A think tank in that state, New Jersey Policy Perspective, recommends in a recent report eliminating the state income tax deduction for 401(k) contribution. The report, IF IT AIN’T BROKE…New Jersey’s Income Tax Makes Dollars and Sense  says that New Jersey’s problems can be solved by … Continue Reading

Plop plop, fizz fizz, oh what a fiduciary relief it is

“It” refers to the Pension Protection Act of 2006 which provides fiduciary relief in several areas. This relief includes: Investment Advice. Many plan sponsors were previously reluctant to add an investment advice component to their 401(k) plans. The Act specifically permits qualified fiduciary advisers to deliver personally-tailored investment advice to participants in 401(k) plans and … Continue Reading

Larry Brown, severance pay, and 401(k) plans

That’s Larry Brown, recently fired head coach of the New York Knicks, possibly thinking ahead after the just revealed $18.5 million settlement of his employment contact. Revealed because under the terms of the settlement arbitrated by NBA Commission David Stern there was a non-disclosure clause. Instead, the media was scooped by the Cablevision (owner of … Continue Reading

New study finds 401(k) participants who invest in balanced and lifecycle funds earn highest risk-adjusted rates of return

A recent study by implication supports the use of asset allocation and lifestyle funds as default funds which were those designated in the Department of Labor’s recent proposed regulation. The study by Tekeshi Yamaguchi, Olivia S. Mitchell, Gary Mottola, and Stephen P. Utkus, "Winners and Losers: 401(k) Trading and Portfolio Performance" (October 2006) for the … Continue Reading

IRA is not a kid anymore

From its humble beginning in 1974 as part of the Employee Retirement Income Security Act of (ERISA), the Individual Retirement Account along with cousins Roth, SEP, and SIMPLE, has grown up. It’s now an increasingly important investment vehicle for retirement savings and tax planning. And it will become even more so as the Boomers start … Continue Reading

401(k)s for B.A.s?

Maybe yes, maybe not quite yet. On the yes side, Joseph Kenney in a post makes a compelling argument for recent college grads to immediately start contributing to their employers’ 401(k) plans on their first job. On the not quite yet side, Liz Pulliam Weston, a columnist for MSN Money, says first things first. Pay … Continue Reading

IRS announces 2007 benefit and contribution limits

The IRS today announced 2007 cost-of-living adjustments to dollar limitations for qualified retirement plans. Here are the highlights: Highly Compensated Employee Definition $100,000 Annual Compensation Limit $225,000 401(k) Contribution Limit   $15,500 Annual Defined Contribution Limit   $45,000 Annual Defined Benefit Limit $180,000 Click here for  the full IRS announcment.… Continue Reading

Solo 401(k) for the self-employed

Walter Updegrave, a financial columnist, for CNN Money.com writes about the Solo 401(k) for self-employed individuals. Combined with a profit sharing component, this type of defined contribution plan can produce the largest contribution compared to other defined contribution plans. Mr. Updegrave makes this point by comparing the Solo 401(k) to a SEP using the example … Continue Reading

Investment simulation comes to Pensionland

As we know, the recently issued proposed 401(k) default investment regulations by the Department of Labor (DoL) allows 401(k) plan sponsors to select default investments funds that strive to achieve long-term capital appreciation as opposed to mere preservation of capital. But what was the DoL’s basis for permitting the use of investments other than the … Continue Reading

Department of Labor Releases 5-Year Strategic Plan

The Department of Labor just released its Five Year Strategic Plan for Fiscal Years 2006-2011. One of the DoL’s four strategic goals is to strengthen economic protections for workers which includes enhancing pension and health benefit security. Here are the DoL’s national projects for that goal in 2006: The Employee Contributions Project is aimed at … Continue Reading

Are newly filed 401(k) class action law suits the wave of the future?

It was bound to happen – class action law suits against 401(k) fiduciaries. The October 2006 Client Advisory Bulletin published by the law firm of KattenMuchinRosenman LLP nicely summarizes several class action suites recently filed against the fiduciaries of several large employer 401(k) plans. All of the law suits, report Katten, involve participant direction of … Continue Reading

How the retirement plan industry views participant investment advice

Investment News reports that investment advisors are not altogether happy about the Pension Protection Act (PPA) provision that provides fiduciary relief for providing investment advice to 401(k) participants. The reason? The PPA’s fee restrictions on face-to-face advice. Their lobbyists, says Investment News, are trying to convince Congress that the restrictions in the Act were a … Continue Reading

Managed acounts and 401(k) participant portfolios

That’s the subject of a recent study by Vanguard Retirement Research, the results of which were that nearly two-thirds of participants adopting a managed account advisory service saw a sharp increase in their equity exposure. Expected returns rose by 82 basis points (after fund expenses but before any managed account fee), while Sharpe ratios improved … Continue Reading

Department of Labor issues default fund proposed regulation

The Department of Labor (DoL) issued the first regulation under the Pension Protection Act of 2006 (PPA) which deals with what is a permissible default fund. The PPA provides a safe harbor for plan fiduciaries investing participant assets in certain types of default investment alternatives in the absence of participant investment direction. The regulation provides fiduciary … Continue Reading

Overcoming 401(k) communication barriers

Automatic enrollment with a balanced default fund isn’t by itself going to solve the retirement savings issues that many employee will be facing. It will help, but the real answer is for plan sponsors is improve the communication effort. In an earlier post, I discussed in a general way that employee benefit communication should have … Continue Reading
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