IMHO: Don’t Just Do Something, Stand There!

If you’ve been asked in the past two weeks what to do about the market (and who hasn’t), I’m sure your response has been something along the lines of…“Nothing.″
There are, of course, more eloquent ways to express that sentiment. And, let’s face it, when it seems that everyone is asking that question, it’s generally well past the time when it is prudent to try and do something. Still, it seems that throughout my professional career, every time the market plunges (even when it stays down for an extended period), the pundits all seem to say the same thing: “The fundamentals are sound,’ “We’re going through a period of short-term volatility’; sometimes even that that period of “short-term volatility’ was anticipated (apparently even an innocuous footnote about the possibility of such things “counts’).
Naturally, we’d all like to believe that we don’t need to do anything in these times of—“uncertainty’—because, well ahead of the current tumult, things have already been done to protect us on the downside. However much we would like to believe that, there’s something to be said for a timely, comforting voice of reassurance. Better yet if that reassurance comes from someone knowledgeable in such matters—and better still when that reassurance comes from someone familiar with the particulars of our investment portfolio. That’s why, to some extent, I find the platitudes from various economists somewhat disingenuous; not only are they blissfully ignorant of my own personal asset allocation, what they always seem to be saying, IMHO, is “don’t take your money away from us.’
Still, plan sponsor fiduciaries are generally appreciative of those messages. They bear responsibility for the prudence of such investments, after all—and the reassurances of experts that prudence has been manifested in their decisions (or their non-decisions) is understandably welcome. Most are only too happy to pass along those reassurances to those on whose behalf their decisions (or non-decisions) have been made.
Those retirement plan participants are often reminded that their 401(k)s are long-term investments, that they continue to benefit from the on-going benefits of dollar-cost averaging, and, perhaps increasingly, that their investment in a diversified asset-allocation “solution’ means that they needn’t concern themselves with those kinds of interim swings. And, for the most part, at least in my experience, on a day-to-day basis, most are oblivious to a fault about the status of those investments. They may have a passing awareness that the markets are down and some consciousness that their retirement plan investments could be impacted.
There is, however, a new generation of participant-investor emerging. One that has consciously or, increasingly, unconsciously relinquished control of that portfolio to experts—individual advisers, perhaps in the form of managed accounts, or less personalized solutions such as target-date funds. What remains to be seen is how some of these “proxies’ will fare in troubled markets—and perhaps just as importantly, how they will be perceived as doing.
Tough times can engender resentment and, in extreme cases, litigation. But they also can foster an appreciation for past expert counsel, and that current reassurance that the storm has been anticipated—and tough times can bring opportunity.
So, are your portfolios you’re responsible for standing pat—or just standing still?

EBSA: Fiduciaries on Hook for Collecting Plan Contributions

Federal regulators have released new guidance that asserts that a named or functional fiduciary who has authority to appoint a plan’s trustee(s) must make sure the proper party has been assigned the obligation to collect plan contributions.

The U.S. Department of Labor’s Employee Benefits Security Administration (EBSA) said that is true unless the plan expressly provides the trustee will be a directed trustee with respect to contributions pursuant to section 403(a)(1) or the authority to collect contributions is delegated to an investment manager pursuant to section 403(a)(2). The viewpoint was expressed in Field Assistance Bulletin (FAB) 2008-01.

“The responsibility for collecting contributions is a trustee responsibility,” the regulators wrote in the FAB. “If a plan has two or more trustees, the duty may be allocated to a single trustee. A plan may also provide that a named fiduciary may direct a trustee as to this responsibility or may appoint an investment manager to take on this duty. To the extent the nature and scope of the trustee’s responsibilities are specifically limited in the plan documents or trust agreement, it is generally the responsibility of the named fiduciary with the authority to hire and monitor trustees to assure that all trustee responsibilities with respect to the management and control of the plan’s assets (including collecting delinquent contributions) have been properly assigned to a trustee or investment manager.”

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If no trustee or investment manager has the responsibility to make sure plan contributions are collected in a timely manner, the fiduciary with authority to hire the trustees may be liable for plan losses due to a failure to collect contributions because the fiduciary failed to specifically allocate this responsibility, the regulators said.

According to the news release, the FAB was prompted by a number of plan investigations that have turned up trustee agreements relieving the financial institutions serving as trustee of responsibility to collect delinquent contributions and that the responsibility was not properly assigned to someone else.

The FAB can be seen here.

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