401(k) Best Fiduciary Practices
For Plan Overseers that Take Their Fiduciary Role Seriously
In This Issue
Chaos in 401(k) world
Common Mistakes
What to Do Next
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About O'Reilly Wealth Advisors
A Registered Investment Advisory (RIA) Firm.

Our 401(k) plans operate at or near the high end of fiduciary standards of care currently available.  No hidden fees, competitive fees and high quality investment options.   We fulfill the ERISA Section 3(21) responsibilities and bring the ERISA Section 3(38) advisor along with us.
   
Using holistic comprehensive wealth management, we maximize the probability of our individuals/couples clients achieving their goals for the reasons that are important to them.   For more click here.
Contact us.





 

Dear Plan Sponsors & 401(k) Account Holders,

 

Whether plan sponsor or 401(k) account holder, you will be impacted by sweeping 401(k) plan changes set to hit in 2012.  If you have an account at your company 401(k) - make sure your plan sponsor is aware of these issues.  It's your money. 

 

Mainstream 401(k) plans (yes including yours) use 12b-1 fees as a convenient way to compensate the various service providers in the plan.   The mutual funds/401(k) providers hold influence since they are in charge of the 12b-1 revenue streams!   Conflicts-of-interest galore!   Through the 12b-1 fees - think  "follow the money" - providers create loyalty to themselves, when the loyalty should be to the plan participants and plan sponsor.  These practices are not in the best interest of plan sponsors or participants.    The Dept of Labor (DOL) decided it was finally time to fix this.  New rules start this year and are phased in throughout 2012.    

 

Very few, if any, plan sponsors are aware of the panic that is occurring behind-the-scenes as the various parties - in this case the "brokers"- attempt to prepare for these landscape-changing regulations.  Most are behind the curve and scrambling to prepare.   

 

Click here to read a July 2011 "memo to brokers" document found at the American Society of Pension Professionals & Actuaries web site.  This is an interesting "insiders document".  A brief look is all it takes!     

 

As you skim this document you'll see the enormity of the impact of these rules and the perception that the broker world is not prepared, far behind schedule and doesn't understand.  

 

Avoid this major hassle by moving to a completely clean and transparent plan before transparency is MANDATED for all your participants and management to see.  Far less pain for all!   Your choices:  

 

Be reactive (not recommended):

  

  1. Stay in your current plan with its 12b-1 fees etc.
  2. Get upset in 2012 when you find out about who has been getting paid what amount for how long in your 401(k) plan.
  3. Get more upset when you have to reveal these unpleasant facts to your participants and answer their probing questions.
  4. When the pain (or anger) is at its height call us or another provider of clean & transparent plans so you can avoid all the hoopla beyond 2012.    

Be Proactive (Recommended):

 

  1. Move NOW to a clean & transparent plan - avoid the pain and frustration coming in 2012.
  2. In 2012, be happy because it's been a breeze for you.    Your plan fees are reasonable and simple to disclose to your participants.   Plan participants are happy. 
  3. Easily inform your participants annually about their clean  & transparent plan.  Be proud that you went above and beyond most plan sponsors and at the same time have reduced your fiduciary liability as well as the executives to whom you report.   

Common Mistakes

 

Just because something is done a certain way by many doesn't mean there is not a better way.    The biggest mistake we see is plan sponsors not taking a few moments to understand the difference in the status quo and a plan structure that includes an ERISA 3(38) advisor as we offer.    The improvements are vast. 

   

When you move to a clean transparent plan that includes an ERISA Section 3(21) and 3(38) advisor - and eliminates 12b-1 fee paying mutual funds - then all the problems occurring inside 99% of the plans just disappear.       

 

Plan sponsors that have these type of "clean" plans will have a much easier time dealing with the 2012 regulations.     Your fee disclosure to plan participants is simple, clean and reasonable.   

 

We encourage all plan sponsors to seriously consider upgrading their plans now.  AVOID THE 2012 MESS!!!   

 

The new regulations are attempting to "legislate morality" into 401(k) plans.    Yet, "moral plans" are available today and we provide them.    Avoid the mess!   It's completely unnecessary to subject yourself and your participants to it.    This is not a one-time event - it's every year. 

What to Do Next
 

Problem Solved:   Use an ERISA Section 3(21) independent advisor (RIA) that insists on bringing an ERISA Section 3(38) independent advisor (RIA) with them.  They both have strict disclosure requirements built into their licensing so that complete transparency is the norm from day one.   They'll be watching each other as well as the TPA, record-keeper and custodian, that are also independent.    Multiple checks and balances - a fiduciary wouldn't have it any other way.

 

Call us at 760-804-0910. 

 


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Until our next quarterly 401(k) issue.
 
Sincerely,

John O'Reilly

O'Reilly Wealth Advisors
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