Amendment Would Add Annuity Selection Safe Harbor to Retirement Bill

The amendment is a fiduciary rule safe harbor for the selection of a lifetime income provider for retirement plans.

House Ways and Means Committee chairman Kevin Brady, R-Texas, submitted an amendment to the Family Savings Act—legislation included in a package of bills as part of Tax Reform 2.0.

The amendment is a fiduciary rule safe harbor for the selection of a lifetime income provider for retirement plans.

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The amendment says a fiduciary should engage “in an objective, thorough, and analytical search for the purpose of identifying insurers from which to purchase such contracts, considering the financial capability of the insurer to satisfy its obligations under the guaranteed retirement income contract as well as the cost (including fees and commissions) of the guaranteed retirement income contract offered by the insurer in relation to the benefits and product features of the contract and administrative services to be provided under the contract.

Under the bill amendment, plan fiduciaries would be required to obtain written representations from guaranteed income providers that, among other things, they comply with state laws and regulations regarding insurers.

The amendment says there is no requirement to select the lowest-cost provider or contract. It also lays out requirements for period reviews of providers and products.

“A fiduciary which satisfies the requirements of this subsection shall not be liable following the distribution of any benefit, or the investment by or on behalf of a participant or beneficiary pursuant to the selected guaranteed retirement income contract, for any losses that may result to the participant or beneficiary due to an insurer’s inability to satisfy its financial obligations under the terms of such contract,” the amendment says.

A Government Accountability Office (GAO) report pointed out that the Department of Labor (DOL) has prescribed steps plan sponsors can take to satisfy their fiduciary duties when selecting an annuity provider for a 401(k) plan. However, according to industry stakeholders GAO interviewed, those steps are not often used because they include assessing “sufficient” information to “appropriately” conclude that the annuity provider will be financially able to pay future claims, without providing clear definitions for those terms.

Recordkeeper for 403(b)s With Multiple Providers Updates Platform

The changes streamline the investment, administrative, operational and communication processes for 403(b) participants, plan sponsors and advisers, says IPX.

FPS Group, LLC, a solutions provider for retirement plan professionals operating in the 403(b) and 457(b) markets, has enhanced its Investment Provider Xchange (IPX) platform with user interface and user experience updates.

The changes streamline the investment, administrative, operational and communication processes for 403(b) participants, plan sponsors and advisers. IPX is a modernization of traditional recordkeeping platforms that serve plans with multiple providers.

Features on the enhanced IPX platform include:

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  • Adviser-assisted participant enrollment – This feature overcomes what has traditionally been a major hurdle preventing participants from taking advantage of their employer-sponsored plans, by removing the paperwork and time delays. Entrusted advisers, with participant approval to engage in the enrollment process on their behalf, can now complete the necessary steps to quickly and efficiently enroll participants via the IPX Platform.
  • Adviser interaction and communication – Participants are able to view their adviser’s information and give them permission to carry out various tasks on their behalf, including investment changes and initiating transfers. Both the participant and adviser have separate login credentials to cut down on potential complications with audits and to comply with best practices.
  • Storage information and reporting – Participants and advisers can prepare reports for any time period of their choice. All information is stored by transaction in perpetuity. While most providers only store this data for 12 or 24 months, IPX doesn’t remove data, enabling participants to view pending transactions, documents, transaction certificates and public notices in an organized, protected vault.
  • Tailored adviser selection – Instead of viewing a list of approved products, participants and plan sponsors are able to see a culled-down list of advisers based on their geography, school district and other factors. This facilitates better tracking and security for plan sponsors, as they can regulate who has access to their campus and be confident that advisers are only selling authorized products.
  • Personalized resources – In addition to the resources already available on the platform, plan sponsors can design personalized education, resources and materials for their participants to equip them with the knowledge to be successful.
  • Dedicated Financial Wellness Resource Center – In response to the growing demand for financial literacy, the platform now includes videos, interactive calculators and articles to address the most sought-after topics by participants.
The changes are effective immediately and support will be available to current customers via phone and educational webinars. For more information, visit www.ipxplatform.com.

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