The Financial Planning Coalition welcomed the Investment Adviser Examination and Improvement Act of 2012, while the Bachus self-regulatory organization (SRO) bill got shelved.
The Adviser Examination
Act—introduced by Rep. Maxine Waters (D-Calif.), and co-sponsored by House
Financial Services Committee Ranking Member Barney Frank (D-Mass.) and Rep.
Michael Capuano (D-Mass.)—would authorize the Securities and Exchange
Commission (SEC) to collect user fees to increase examinations of registered
investment advisers (RIAs).
By
comparison, the Investment Adviser Oversight Act of 2012—introduced by
Committee Chairman Spencer Bachus (R-Ala.) and Rep. Carolyn McCarthy (D-N.Y.),
would authorize one or more SROs. (See “Bipartisan
Bill Seeks Expanded Oversight of Advisers.”)
However, with the financial
adviser industry so sharply divided over whether to create a new SRO, or rely
on FINRA or the SEC, the Bachus bill has reportedly been shelved.
On the one hand, the Investment
Adviser Association and the Financial Planning Coalition (FPC) support the
Waters bill. “Creating a new SRO is not the right solution,” FPC said. “The
burden of excessive regulation and cost would fall unfairly on small business
owners, while many larger firms would be exempt and would go unaffected.”
On the other hand, the
Financial Services Institute (FSI) is supporting the Bachus bill. Thus, a
consensus is nowhere near at hand. “We’ve said from day one that this was a
multi-year process,” said FSI spokesman Chris Paulitz. “What is encouraging
with the release of Rep. Waters’ bill, is that now everyone agrees the status
quo is not acceptable, and we must increase examination to protect investors.”
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Requests for 401(k) loans jump about 16% from June to
August, Charles Schwab found. To add to the problem, many borrowers are unable
to repay the loans.
Catherine Golladay, Schwab vice president of Participant
Services, told PLANADVISER this increase in 401(k) loans in the summer
seems unrelated to economic downturn. Charles Schwab has been tracking this
loan data since 2005, and Golladay said the 16% rate has remained the same on
average—but why?
College funding is one main reason participants take 401(k)
loans in the summer, Golladay explained. Another reason is cash flow, as participants
may have used their income tax refunds to bridge a gap earlier in the year and
need additional funds in summer.
While taking out a 401(k) loan may seems like a quick an
effective fix, Golladay cautioned that doing so can cause many long-term financial
consequences:
Savings Freeze
While people repay their loans, they usually stop
contributing to their 401(k) plans. “When you’re taking a loan from your 401(k)
plan, many times it’s because you’ve got challenges with cash flow,” Golladay
said.
Tax Consequences
Loans are paid back into a 401(k) with after-tax money,
which ends up getting taxed again when it is withdrawn at retirement.
Essentially, Golladay explained, participants will be double taxed. “It really
does have what could be a devastating effect on your account,” she added.
(Cont...)
Little Time to Repay Loan
A loan borrower who leaves his job—whether voluntarily or by
termination—will likely be required to repay the 401(k) loan in one lump sum to
the previous employer. “Very few employers allow you to pay it back in
payments,” Golladay cautioned. The full loan amount is sometimes due as soon as
30 days after a borrower leaves the company.
Risk of Bigger Financial Problems
Golladay said she has spoken with many people who took a loan
from their 401(k) to pay one or two mortgage payments and avoid foreclosure.
Unfortunately, taking this loan is not part of a long-term financial plan and
only provides a short-term solution. In the end, many end up losing their
houses anyway. “They’re really just kicking the can down the road for a month
or two,” Golladay said.
How Plan Sponsors and Advisers Can Help
Individuals tapping their 401(k) accounts likely are
experiencing a larger financial issue, she said, which is where plan sponsors
and advisers can help.
Advisers and sponsors can teach employees a broader sense of
how to manage money to avoid taking a 401(k) loan, Golladay said. This can
include encouraging employees to budget, have an emergency fund and pay off
credit card debt.
Plan sponsors should also be aware of what is happening
within their companies. Are 401(k) loan rates within the company similar to the
broad trend? Golladay said this information can help sponsors and advisers
design the best education strategy.
(Cont...)
Before the summer begins, sponsors should schedule a meeting
to illustrate the pitfalls of taking 401(k) loans, she added.
In addition, sponsors should reconsider the loan provisions
in their plans; advisers can provide them with benchmarking data to help determine
the best plan design around this, Golladay said.
“I think from a plan sponsor perspective, certainly we would
encourage employers to help think of a plan design that would help incent the
behaviors that you want,” she added.
In the past, employers offered loan provisions to incent
employees to participate, but Golladay said automatic features may be incentive
enough. “I’m not so sure that [kind of] thinking is as important as it was
years ago,” she added.