Having a Philosophy Can Refocus Client on the 'Why' of Retirement Plan Decisions

“Conversations with clients revealed they felt brow-beaten by regulations and litigation, and felt they have gotten out of touch with why they have the plan in the first place," David Hudak of Portfolio Evaluations says.

Many companies have mission statements or philosophies that drive business decisions, products and services they offer and how customers are treated.

David Hudak, senior consultant at Portfolio Evaluations, Inc. in Warren, New Jersey, says a company’s retirement plan is just another piece of that overall mission. In an article he wrote with Attila Toth, partner at Portfolio Evaluations, they stress the need for having a plan sponsor philosophy.

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In the article, Toth and Hudak say a well-defined mission or philosophy can help plan fiduciaries think about the “why” when making decisions and not just the “how.” As an example of “why” versus “how” thinking, the article considers the way an investment committee seeking an Employee Retirement Income Security Act (ERISA)-approved qualified default investment alternative (QDIA) may select a target-date fund (TDF) series. The simple choice to go with a TDF is “how” they meet their QDIA requirements. But those plan sponsors with a well-thought-out philosophy will also elect to assess the glide paths of a group of diverse TDFs, to ensure the final selection aligns with their plan’s goal. This is “why” one TDF series is selected over another.

“In some cases plan sponsors have gotten away from the ‘why’ for making decisions,” Hudak tells PLANADVISER. “Conversations with clients revealed they felt brow-beaten by regulations and litigation, and felt they have gotten out of touch with why they have the plan in the first place. They felt they were losing focus.” This led to the idea of establishing a plan sponsor philosophy.

Portfolio Evaluations has helped clients develop plan sponsor philosophies; it starts with the retirement plan committee asking some open-ended questions. For example, What is the purpose of the plan, does it align with the organizational mission, and does it fit with other benefits? Hudak warns that there will not necessarily be consensus among committee members in the beginning, but as they have the dialogue, they usually are able to come to a group consensus.

NEXT: Considerations for developing a plan sponsor philosophy

One thing to consider is whether the organization wants to be paternalistic. Paternalistic plan sponsors feel it is a company’s duty to help their employees reach retirement readiness in any way they can. They are more likely to offer a match and automatic plan features, often at higher levels than other plans. 

The article explains that non-paternalistic plan sponsors feel their primary obligation is to provide employees with the essential components of a retirement plan by meeting all Employee Retirement Income Security Act (ERISA) requirements, but not necessarily expanding on them. Beyond that, they feel it is up to the employee to make the most of it. Then, there are plan sponsors that fall somewhere in the middle.

Another consideration is the type of employee turnover a company experiences. Hudak explains that some clients in industries where there is very high turnover, say 50% to 70% on annual basis, don’t want to be paternalistic. For example they don’t want to auto-enroll employees that will be in and out of the plan within a year. On the other hand, companies with very low turnover, such as higher education institutions, want to be very paternalistic to reward employees and create loyalty.

It’s also important to know what other retirement benefits employees are offered, Hudak says. If a large portion of the workforce is eligible for a defined benefit (DB) plan, the plan sponsor may tend to be less paternalistic with its defined contribution (DC) plan, because it knows employees are already getting a benefit from the DB plan.

But, Hudak notes that even though two plan sponsors may have similar demographic and benefit traits, their philosophies may be very different.

“Having a plan sponsor philosophy shows sponsors realize how critical saving and having money set aside for retirement is for participants,” Hudak says. “A philosophy better articulates a plan sponsor’s fiduciary process, and helps it make decisions regarding the plan.”

Merrill Lynch Will Cut Commissioned IRA Sales in Fiduciary Rule Response

The company is keeping other aspects of its response to the rule under wraps for now, including operating and product modifications likely to be required on the institutional retirement side.  

News reports emerged this week that Merrill Lynch, known as one of the four big wirehouse broker/dealers in the U.S., will no longer sell advised, commission-based individual retirement accounts (IRAs) starting in 2017.

The news is probably less surprising than it is confirmation for many advisers. Trusted Employee Retirement Income Security Act (ERISA) attorneys and sales executives have been saying for months, if not years, that the new fiduciary rule is sure to drive more level-fee business for financial advisers and their service provider partners.

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The firm indicates that clients who traditionally would have been served by the commissions-based IRA brokerage platform will instead be directed towards other segments of the Merrill Lynch business, including the robo-advice platform. The Merrill Lynch One platform, for example, will continue to offer a single, asset-based fee schedule, “helping [the firm] to improve the client experience and to provide increased transparency into fees, risks and outcomes. We also offer robust self-directed and guided investing channels through our Merrill Edge platform, providing clients with additional flexibility and choice.” 

The firm’s explanation continues: “We have determined that for most of our Merrill Lynch clients, the best way for us to deliver retirement-related investment advice that meets the fiduciary standard is through our Investment Advisory Program. In addition, we are seeing clients increasingly moving more of their assets (e.g. taxable, tax-deferred) into investment advisory as well, and we expect that trend to continue.”

Through Merrill Lynch’s Investment Advisory Program, retirement clients have access to “a full suite of investment products and services, personalized strategies, automatic rebalancing of their asset allocation, and ongoing investment advice from a dedicated financial adviser.” Expenses are assessed as an asset-based fee determined by the amount of assets, and the fee doesn’t vary depending on investment recommendations. 

Legacy retirement assets, those in a Merrill Lynch IRA brokerage account before April 10, 2017, can remain in that account, and will continue to have the benefit of investment recommendations to hold or sell after April 10, 2017; however, under the new DOL rule, beginning April 10, 2017, retirement clients won’t be able to add to legacy assets, or have the benefit of our investment advice about new purchases in their IRA brokerage accounts. Retirement brokerage account clients who prefer not to receive advice from a Merrill Lynch Wealth Management adviser will have a choice to use a range of investment options, from self-directed brokerage to online guided investing, through Merrill Edge.

Merrill Lynch further explains it will not use the Best-Interest Contract (BIC) exemption to service or support ongoing IRA brokerage account activity. “When appropriate, we will use this exemption to recommend enrollments in our Investment Advisory Program from a retirement client’s IRA brokerage accounts, or rollovers from ERISA 401(k) plans. After an account is enrolled in our Investment Advisory Program, or a Merrill Edge self-directed or guided investment advisory account, there is no longer a need to use the BIC exemption.”

Asked about any plans for modifications to the institutional retirement wing of the business, the firm tells PLANADVISER it will continue to serve plan sponsor clients “with the highest standards in compliance with the rule, which will require some operating and product modifications.”

However, the firm says decisions are still being made on that front, so it will apparently still be some time before the full impact of the rule on Merrill Lynch’s sales and services in the retirement arena are made clear. One other interesting aspect of the news to note is that Merrill Lynch advisers traditionally did not embrace fiduciary roles for IRA clients—but now they are the first of the big wirehouse brokerages to formally lay out an approach for serving IRAs in a flat-fee future.

A similar announcement was made in recent weeks by the advisory firm Edward Jones. That company says it will look to grandfather IRA relationships acquired before April 2017, while also instituting some fundamental changes to process and product to comply with the new fiduciary rule for ongoing and new relationships.

Editor’s note: We will be following this announcement and the wider industry’s response throughout the day and into next week on www.planadviser.com. Stay tuned! 

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