401(k)s Still an Experiment in the Making

By and large, 401(k) plans have been a success.

 

LAS VEGAS—While there is considerable room for improvement, 401(k) defined contribution plans have largely been a success. That was the consensus of speakers at the session, “Are 401(k) Plans a Failed Experiment,” at the National Association of Plan Advisors/Association of Pension Providers and Actuaries (NAPA/ASPPA) 401(k) Summit here Sunday.

However, with even the conservative Fox Business calling for the “retirement” of 401(k)s, the plans have come under attack, said Brian H. Graff, Chief Executive Officer of ASPPA.

Not all of the criticism is warranted, as 401(k) plans have helped many people prepare for retirement, said Kevin Crain, head of institutional and benefit services at Bank of America Merrill Lynch. Automatic enrollment, in particular, has been a boon for the plans, with 56% of employers using it, and 89% of employees automatically enrolled and staying enrolled, Crain said. “401(k) plans have not been a failure,” Crain said. Rather, it is important to focus on their “evolution in the past 10 years to a Democratic paternalism.”

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That said, plans do need “more advanced use of automatic enrollment,” Crain said. “It is not enough to default enrollment at 1%. Also, enroll all eligible employees—not just new hires. Add automatic increases and other advancements, such as advice. People who use advice save $2,200 to $2,500 more a year, and if they start at a young age, they have a 30% more saved by retirement.”

Additionally, nearly all—97%— employees who are defaulted at contribution rates of 6% stick with the plan, Crain said. In fact, at Bank of America Merrill Lynch, there has been a 20% increase in the past year in sponsor clients that have combined automatic enrollment and automatic escalation, Crain said. And if plan sponsors express concern about the higher cost of participation, it is up to plan advisers to educate them that “higher auto default rates don’t have to result in higher match costs,” Crain said.

(Cont’d…)

Perhaps the strongest characteristic of 401(k) plans is their ease of use, said Judy A. Miller, executive director and director of retirement policy at ASPPA. “They offer automatic payroll-deducted savings, employer matches, tax deductions, professional asset management and portability.”

“It’s the only way we have gotten middle class Americans to save,” added Brian H. Graff, chief executive of ASPAA.

In addition, even though policymakers don’t appreciate this fact, Crain said, 401(k) plans offer low costs and economies of scale, which are getting even lower because of the fee disclosure requirements of the past year. “Small and midsize plans invoke institutional buying power,” he said.

To strengthen 401(k) plans, however, Crain said that more imagination is needed. Plans that do not automatically enroll employees in their 401(k) plan should present the opportunity to their staff every year alongside the annual health care decision, Crain said. The government needs to preserve the tax benefits of qualified retirement savings accounts, he continued. Plan designs need to be simplified, and the Department of Labor (DOL) should limit sponsors’ fiduciary liability, “to encourage employers to continue to sponsor retirement savings plans,” he said.

There are additional problems with 401(k) plans, noted Karen Friedman, executive vice president and policy director at the Pension Rights Center. 401(k) plans were never designed as outright pensions, but as supplemental savings plans, Friedman said. Thus, to adequately prepare people for retirement, individuals would have to contribute very large amounts to the plans. And without automatic enrollment, automatic escalation and the use of well-diversified qualified default investment alternatives (QDIA), all the risk and decisions still fall on participants, she added.

(Cont’d…)

“401(k)s are a gamble because they work for some people and not for others,” Friedman said. “Only 5% max out their contributions. Lifecycle funds are good—but they vary considerably and carry higher fees.”

That does not address the fact that millions of Americans do not even have the option of investing in a workplace retirement plan—and 20% of those that do take out loans or hardship withdrawals, or cash out of their plans rather than roll over the money when switching jobs, Friedman said. “The median 401(k) balance is $44,000 and $100,000 for people at retirement,” she said. “The reality is that a lot of people aren’t saving for retirement.”

“Then, even if you do everything right, you still have to make it last,” Friedman said. Retirement income solutions are not even on the table for 401(k) plans, she said. Sponsors and advisers could start with partial annuities, she suggested.

To strengthen 401(k) plans, the DOL and Congress should expand options for annuitization in the plan, Friedman said, and restrict pre-retirement access.

“The main problem is coverage and access,” Miller added. “Small companies and part-time employees don’t have access to a retirement plan, and with a changing workforce,” this is a critical issue, she said. Additionally, “deferral levels need to rise,” she said. “Automatic enrollment should be mandatory.” Simply put, Miller said, “people need to save more. And lifetime income is lacking.

One encouraging development on the legislative front is the idea of automatic individual retirement accounts (IRAs) for small employers with five or more employees, Graff said. Seven states—California, Connecticut, Illinois, Maryland, New York, Oregon and Washington—are considering some version of this, Graff said. “Expanding the availability of workplace savings through auto IRAs would set the stage for more employers to move up,” Miller said. And this would not “cannibalize 401(k)s,” Crain added.

Tax Reforms to Loom Over 401(k)s in 2013

As government looks for budget solutions, defined contribution tax breaks fall in the crosshairs.

LAS VEGAS—The tax advantages of defined contribution plans, estimated to defer tax revenues by $50 billion to $60 billion a year, will be one of Congress’ sticking points in the coming year. That was the prognostication of the keynote address “From the Hill to the Summit” session of the National Association of Plan Advisors/American Association of Pension Providers and Actuaries (NAPA/ASPPA) 401(k) Summit conference here Sunday.

“Facing difficult tradeoffs—between cutting food stamps or Medicaid, versus cutting 401(k) tax advantages—will come up over and over and over,” said Brian H. Graff, chief executive of ASPPA. “There just isn’t enough money there [in the U.S. budget]. For the White House and Congress, it is not about policy. They are looking for money, and we have been the unfortunate piggy bank of many initiatives. We have to keep the drumbeat for the ‘Save My 401(k)’ campaign going.”

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That is why Congress needs to hear about the importance of tax break incentives on the nation’s retirement savings pool from retirement plan advisers, said a high-level Congressional staffer who appeared on the panel, but who asked not to be named. “Congress needs to hear from people on the ground on how policy affects everyday people,” the staffer said.

The issue will come to a head by April 15, when Congress must pass a new budget or face the penalty of withheld pay for members of Congress, the staffer said. The House of Representatives, controlled by a Republican majority, is looking to create $1 trillion in new revenue through budget cuts and the elimination of tax cuts, he said. The Senate, with a majority of Democrats, is seeking only budget cuts, he said.

“When the debt ceiling expires at the end of May, we don’t know what the House of Representatives will want,” Graff said. “The real question will be whether there will be a balance of cuts and tax reform. The House Ways and Means Committee is dead set on tax reform. The House wants to eliminate deductions and lower tax rates. Are we in that mix? We are different. We are a deferral—not a deduction. And we have the non-discrimination test.”

 

(Cont’d…)

But as Congress views the problem, the Congressional staffer said, “it is a mathematical problem,” not a question of resolving the nation’s retirement crisis. “The money has to come from somewhere.” Graff added that the areas most in danger of being cut are mortgage deductions, charitable donations and qualified retirement plans. “We are not out of the woods,” Graff said. Congress is “looking for revenue—and we are part of that conversation.”

It is up to the retirement plan adviser community to educate Congress on the fact that the tax benefits of qualified plans do not flow only to higher-income individuals but to the broader worker base, the Congressional staffer said.

Another pressing issue on the legislative front is an expanded definition of what it means to be a fiduciary, the two general session speakers said. “The Department of Labor’s (DOL) focus is more on compensation and perceived abuses,” Graff said. The problem with the proposal is that it “would mandate how people do business and preclude them from having different business models,” he said.

The DOL’s intent, however, the Congressional staffer said, is to make transparent the fees paid to fiduciaries, while eliminating conflicts of interest and ensuring that advice is reliable. However, it is possible that the government will back off the new fiduciary definition, the staffer said.

“At the end of the day, if the new fiduciary rule precludes certain business models or rollovers into individual retirement accounts (IRAs), DOL could drop the rule,” the staffer said.

The third pressing issue in Washington that could impact the retirement industry in 2013 is a proposal by Senator Tom Harkin (D-Iowa) to include mandatory retirement income provisions in defined contribution plans, the speakers said. “The retirement income product would shift longevity risk to a larger group of people,” the staffer said. Along with this, Harkin wants to work on three measures:

 

  • Improve Social Security
  • Continue to work on strengthening 401(k)s
  • Rebuild traditional pensions

 

“These ideas express a lack of satisfaction in the current system,” Graff said. “There are concerns about access and coverage, and creating a lifetime income that would effectively provide a paycheck for life.”

 

 

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