401(k) Best Fiduciary Practices
For Plan Overseers that Take Their Fiduciary Role Seriously
In This Issue
Impact of the New DOL Laws?
Common Mistakes
What to Do Next
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Sure Things

 

Found in a recent Investment News magazine was an article titled "Young workers want sure things as 401(k) options".    Don't we all? 

 

The article referred to employees in their 20's, fearing market volatility, wishing to have a "sure thing" - i.e. a guaranteed income fund choice in their 401(k) plan.

 

Hopefully you see where I am going with this.  The only "sure thing" about these funds is that they guarantee that account holders will have less in retirement.

 

The aspect of this that is so incredibly disappointing is that it is difficult to convince 20-somethings to save in their 401(k) in the first place..

 

..and now some of them are doing so - but not enjoying the higher compounding rates that stocks offer.   It is a tragedy.

 

You see, growth in the stock market comes with volatility.   Volatility is part of growing wealth faster than the rate of inflation with stocks.  Yes, it's uncomfortable at times - so is exercise and going to the dentist, but you understand you must do it for health.

 

The people selling these ill-advised funds attempt to position them as an alternative "asset class".   Plan sponsors, I assume, go along because they have something to offer frightened employees when the market drops.  Anything that keep the natives calm is a good thing, right?

 

I believe guaranteed income funds should be outlawed in 401(k) plans.  Yes, you significantly reduce volatility but at the price of returns.  The purpose of a 401(k) is to invest and grow - not be a bank savings account.

 

If I were a plan sponsor of a plan with a guaranteed income fund option - I would be very worried about the long term possibility of lawsuits.

 

It's one thing for a participant to make a poor choice by allocating their funds in a less than favorable allocation.  But to give the participant an option that guarantees a much smaller long term return is wrong. 

 

Another troubling aspect of this article is the knowledge level of 20-somethings - fault the schools, fault the 401(k) providers - but this is very troubling and sad.  

 

It is a beautiful thing when a 20 year old socks away money in their 401(k).  THE YEARS THEY HAVE FOR COMPOUNDING. AWESOME!  They have the time to weather the volatility and enjoy the long term returns of a 100% stock portfolio.  It's a crime and a shame for those dollars to be placed in a guaranteed income fund.   They've done the right thing and sacrificed to save and then are not going to enjoy the benefits.

   

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, that the DOL Regs attempt to fix 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 quality" into 401(k) plans.    Yet, "quality 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 quarter, 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 401(k) issue.
 
Sincerely,

John O'Reilly

O'Reilly Wealth Advisors
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