The 401(k) arms race is over

 

That’s the expression that AllianceBernstein, the global asset management firm, uses to describe what 401(k) plan are all about now. Since the beginning of 401(k) plans over 25 years ago, 401(k) providers have escalated the number of plan features to stay competitive with other providers. We’ve seen the evolution of such features as:

  • Daily valuation
  • Loans
  • Self-directed brokerage
  • Web access
  • Investment education tools
  • Multi-share classes
  • Co-fiduciary responsibility
  • Advice tools

But AllianceBernstein’s 2006 research shows that it isn’t about that any more. What employers and employees want, says their 2006 research, is quite basic.

Employers want to "keep it simple”. They want 401(k) plans that focus on participant needs, are user friendly, and provide personal service.

Employees also want 401(k) plans that "just do it for me” Plans that require little work to join, little work to invest, and minimize tough decisions.

Now let’s move forward!

Picture credit: The new New Economy Analyst Report – Oct 06, 2001, Juergen Daum.

Retirement? What retirement say Baby Boomers?

It was a big media event a few weeks ago when the "first" Baby Boomer, a retired school teacher from New Jersey, born one second after midnight on January 1, 1946, applied for Social Security benefits. But working beyond the traditional age 65 will be the reality even for affluent Baby Boomers according to a recent study by Spectrem Group, a consulting firm specializing in the affluent and retirement markets. Their study indicates that Baby Boomers expect to retire much later in life than their parents did. Nearly half (48%) of the Baby Boom generation expect to work until they reach at least 65, an age at which 76% of their parents had already retired.

Now what about the generation that follows?

November 1 deadline for SIMPLE notice fast approaching

There’s an important deadline on the horizon if an employer has a SIMPLE in 2007 but would like a 401(k) in 2008. It’s November 1. The employer must provide notice to employees at least 60 days prior to the start of the next calendar year or no later than November 1, 2007 that the SIMPLE will not be maintained in 2008.

So why change from SIMPLE to 401(k)? A  SIMPLE retirement plan is called “simple” for obvious reasons. It’s easy to establish, relatively inexpensive, and also easy to maintain. But if an employer wants to:

  • Not cover practically all employees
  • Make larger contributions
  • Favor owners and highly compensated employees
  • Not have 100% vesting of employer contributions
  • Maybe have better investment options
  • Have the Roth option
  • Allow for plan loans
  • Be able to buy tax deductible life insurance
  • Have better creditor protection

Then, the employer needs a profit sharing/401(k) plan. And yes, it is more complicated to maintain and accordingly more expensive. Retirement planning is a lot like life. It’s a series of trade offs.

Side Note: A SIMPLE can be rolled over to a 401(k) plan after a “2-year period” which begins on the date which the individual first participated in the SIMPLE.

“America’s Silver Tsunami” begins with “First” Boomer applying for Social Security benefits

That’s what Social Security Commissioner Michael Astrue is calling the expected avalanche of applications from the post-World War II generation. The "first" Baby Boomer, a retired school teacher from New Jersey, born one second after midnight on January 1, 1946 ,applied for Social Security benefits Monday, signaling the start of an expected avalanche of applications from the post World War II generation. An estimated 10,000 people a day will become eligible for Social Security benefits over the next two decades, Commissioner Astrue said. The Social Security trust fund, if left alone, is projected to go broke in 2041.

And now it’s up to the politicians.

Here is a link to the story carried by Yahoo with a hat tip to Mario Cinardi, World Financial Group.

IRS releases publication to help avoid common 401(k) plan mistakes

A few days ago, I wrote about the Department of Labor’s new interactive website called elaws-ERISA Fiduciary Advisor which provides an overview of the basic fiduciary responsibilities applicable to retirement plans under the law.

The Internal Revenue Service adds to the tools to help retirement plan sponsors deal with common 401(k) mistakes. It’s a 43 page PDF document that includes hypertext links that take the reader from a particular item in a chart to a detailed discussion within the document about that item. In addition, the discussions include hypertext links that jump to other IRS documents on the web (if connected to the Internet), such as checklists and revenue rulings. The chart lists 11 common, potential mistakes in 401(k) plan operation and documentation.

Here is the link for you to download it.

Department of Labor releases interactive ERISA Fiduciary Advisor program

The Department of Labor, the Federal agency responsible for overseeing the fiduciary aspects of ERISA, last week released an interactive website called elaws-ERISA Fiduciary Advisor. The website is designed to provide an overview of the basic fiduciary responsibilities applicable to retirement plans under the law. The intended audience is employers and third party service providers. Additional information for employees is listed in the Resource section. And it’s extremely well done.

Here is the link to it.

The new billion dollar advisors? It’s the CPAs

CPA firms – we’re aware – provide more than just traditional accounting and auditing services. And that includes providing investment and financial planning. So just how successful are they. In terms of money under management, pretty darn successful. You may be surprised to know that there are 11 firms that are have over $1 billion in assets under management and 41 more firms that have over $100 million in assets under management.

The October, 2007 issue of CPA Wealth Provider has its first ever ranking of CPA/financial firms by the amount of assets under their management. These are CPA firms that have financial planning practices and the financial planner in the office holds a CPA credential. Here those 11 members of The Billion Dollar Club:

  1. Plante Moran Financial Advisors
  2. Gilman Ciocia
  3. RSM McGladrey
  4. Wipfli Hewins Investment Advisors
  5. Savant Capital Management
  6. CBIZ/Mayer Hoffman McCann
  7. Virchow, Krause & Company
  8. HBK Sorce Financial
  9. Moss Adams Wealth Advisors
  10. Honkamp Krueger Financial Services
  11. F&D Advisors

For the details, here is the link to the article that appears in the October issue of CPA Wealth Provider.

The changing retirement plan system

Back in the day – before the Boomers were called Boomers and before choice entererd the employee benefit lexicon– the standard retirement plan was a defined benefit pension plan. The employer was responsible for the investment of plan assets, and the employee received a monthly income at retirement.  Today the standard retirement plan is a 401(k) plan starting to embrace automatic enrollment, default funds, and an annuity distribution option. The more things change the more they look the same.

 

 

 

The new meaning of “asset protection”

Asset protection now isn’t just about walling off assets from legal assaults. It’s now about walling off sensitive data from technological assaults. I’ve written about this issue several times before.  

But what about hackers? Someone who has had to deal with hackers is Ara Trembly, an insurance tech guru. Literally so in the form of his new blog, The Insurance Tech Guru. Ara knows. In his day job, he’s Senior Editor, Technology, of the National Underwriter, an insurance industry news hub.

Ara raises the question, Security Breaches: When Do You Tell The Public?. It’s an interesting one with legal, ethical, and public relations implications for a financial service company whose security is breached. He cites a recent article from Computerworld that on-line broker TD Ameritrade may have been warned about a security breach a year or more before it publicly acknowledged the problem and warned those customers who might be affected – as many as 6.2 million. And it’s now the basis of a class action suit which was filed in May. The lawyers will sort it out, of course.

But if you appreciate irony, then click here. It will take you to TD Ameritrade’s home page where you will be greeted by the company’s spokesman, Sam Waterston. Yes, that same Sam Waterston who plays Jack McCoy, recently elevated to District Attorney, on NBC’s long-running TV series, Law and Order after Fred Dalton Thompson, former Senator from Tennessee who played D.A. Arthur Branch resigned to run for the GOP nomination for President.

Thompson is up against, among others, Rudy Giuliani, former mayor of New York City and a former real prosecutor, the U.S.  Attorney for the Southern District of New York. Perception is reality or reality is perception. Take your pick.

Plan Administrator between rock and hard place when plan document and Summary Plan Description conflict

We’ve been here before. Back when employers were freezing or terminating retiree medical care plans, affected employees were suing based on conflicts between plan documents and employee communication materials.

Now, it seems that there’s been a flurry of litigation involving conflicts between plan documents and Summary Plan Descriptions. Two blogging lawyers have picked up on this.  Suzanne Wynn tells us in her Pension Protection Act Blog that When the Plan Document and the SPD Conflict, No Good Can Follow, and Brian King in his ERISA Law Blog writes about Revisiting Conflicts Between Plan Documents & SPDs.  

Steve Rosenberg in his Boston ERISA Law Blog and I played ping-pong with this topic late last year – Steve writing about Summary Plan Descriptions and Grants of Discretion, and me writing Yes, but what does it mean? 

We can expect more of these conflict situations to arise as the aging workforce retires and take distributions. So what’s the solution?  Here’s a practical suggestion. Plan sponsors should consider having an experieced ERISA attorney review the plan documentation. In risk management terms, it’s "travel accident insurance". And for those plan sponsors who are fee adverse, then consider the old English adage, "penny-wise and pound-foolish."

Now about those employee handbooks….

Picture credit: Ken Camp.

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