HELP Panel Hears Support for Auto Features, Education

Witnesses appearing before the U.S. Senate Committee on Health, Education, Labor and Pensions (HELP) Thursday told lawmakers that while the retirement income sufficiency issue in the U.S. is a difficult one, there are “fixes” to consider.

The witnesses were appearing during a HELP Committee hearing on how Americans can be encouraged and helped to save enough for their retirement years.

Several applauded the impacts of auto-plan features (particularly enrollment and escalation), but Lori Lucas, Executive Vice President, Callan Associates, who appeared on behalf of the Defined Contribution Institutional Investment Association, told the panel that sponsors need to be encouraged to be more aggressive in setting auto plan default savings and escalation rates. For example, Lucas suggested that auto enrollment deferral could start at 6% immediately, rather than beginning at 3% and moving gradually to 6%. More effective education will help to hold down opt-out rates, Lucas asserted.

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“The good news is that much can be done from a plan sponsor, policymaker and provider perspective to facilitate positive outcomes within the context of the existing framework of automatic enrollment and automatic contribution escalation,” Lucas testified. “Thoughtful plan design and communication can materially alter the long-term savings levels of millions of Americans. In contrast, the alternative—plan design and communication that do not consider long-term income replacement ramifications—may have painful long-term social and economic consequences when it comes to American’s retirement security.

Julie Agnew, Associate Professor of Finance and Economics and Co-Director of the Center for Interdisciplinary Behavioral Finance Research (CIBFR) Mason School of Business, The College of William and Mary, also called for a strengthening of ongoing financial education efforts.

“I also believe that more needs to be done to better integrate financial education into the daily lives of Americans starting at an early age and at points where important financial decisions are being made,” Agnew said. “Financial experts should be used to make sure that the correct lessons are being taught and marketing experts should be involved so that people actually listen and are engaged in the message. We also must test to make sure these methods are effective, because we have too many examples today of programs that do not work.”

Finally, Jeffrey R. Brown, University of Illinois at Urbana-Champaign College of Business, proposed the notion of auto-annuitization, but admitted the concept still needed further study.

“To put it simply, in addition to thinking about the “glide path” for the allocation between stocks and bonds (and other asset classes), I would like to see products which also automate the “glide path” between annuitized and non-annuitized assets,” Brown testified, according to his remarks. “The gradual, and partial, annuitization of accounts would be a very natural and very welcome evolution of these plans. I am not suggesting that such an approach be mandated. Rather, I would like to see such an approach encouraged – or at least not discouraged – through the regulatory framework. Providing plan sponsors with clear fiduciary safe harbors for providing such products is one important consideration.”

More information on the hearing is at http://help.senate.gov/hearings/hearing/?id=c8c1c5c7-5056-9502-5dd5-8b9f87d76457.

SIFMA Asks DoL to Reconsider Fiduciary Definition Change

The Securities Industry and Financial Markets Association (SIFMA) has asked the Department of Labor (DoL) to reconsider its proposed rule that would redefine the term “fiduciary” under the Employee Retirement Income Security Act (ERISA).

In its letter to the DoL, SIFMA noted that the proposal could critically impact the ability of individuals to reach a successful retirement, because financial institutions most able to deliver investment assistance will no longer be able to do so without added cost to the plan participant or IRA account holder. If the agency will not reconsider its proposed rule, SIFMA requested that it remove IRAs at this time to determine whether the unique costs and structure of IRAs would support a different fiduciary standard.   

SIFMA noted that the proposal comes at a time where both the Financial Industry Regulatory Authority (FINRA) and the Securities and Exchange Commission (SEC) are currently considering regulations implementing a fiduciary standard for brokers and investment advisers.  SIFMA requested that the DoL work more closely with FINRA and the SEC to ensure a coordinated rulemaking process that leads to a workable standard across business models and products.    

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“In the midst of other regulatory initiatives in this area, we ask the Department to reconsider this proposal and work with other regulators to ensure regulatory consistency,” said Tim Ryan, president and CEO of SIFMA, in the letter.  

SIFMA contended that the DoL has not fully considered the costs of this proposal on small plans and IRAs and the manner in which their investment choices will be curtailed. Nor has it looked at the costs on large plans that may be unable to engage in swaps, prime broker their assets, invest in alternatives, obtain futures execution and otherwise have their investment choices limited by the proposal.  The disruption to the capital markets has also not been explored: the additional costs of principal transactions, the restriction on the use of trading platforms and other venues which improve liquidity and market efficiency, the artificial barriers on investments in private equity and real estate.   

A copy of the letter can be found at http://www.sifma.org/issues/item.aspx?id=23239.

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