PANC 2009: Fees Continue to Be Top of Mind for DoL

The regulatory tone is shifting in Washington, and plan advisers and their clients should be ready for changes, asserted speakers at the PLANADVISER National Conference.

“There’s definitely a new tone and new attitude at the top,” said Geoff Manville, principal at Mercer. As Phyllis Borzi, the new assistant secretary of labor, has said, there’s a new sheriff in town (see “EBSA Sets Out Carrot, Stick Agenda”).

Conflicted advice is one area regulators are examining. Roberta Ufford, principal at Groom Law Group, said the Department of Labor (DoL) is working with the Securities and Exchange Commission (SEC) to take enforcement action against undisclosed conflicts of interest by advisers. Ufford noted that Borzi is interested not only in finding advisers with conflicted compensation, but also for advisers with incentive to provide “conflicted” advice.

Ufford noted that the DoL can be motivated by what’s in the news, similar to what has happened with regulatory actions against Ponzi schemers in response to the unearthing of Bernard Madoff’s fraud.

Preventing Fee Litigation

Fee disclosure also continues to be the big issue on the table. The long-awaited fee disclosure rules might come to fruition in 2010 (“Fees Are the Word”). Marcia Wagner, president of The Wagner Law Group, noted that Borzi expects the final 408(b)(2) regulations, dealing with service-provider fee disclosure, to be published in the next couple of months. After the 408(b)(2) regulations are published, Borzi expects the final regulations for disclosure to participants to be published. 

Wagner also noted the lawsuits surrounding 401(k) fees. Despite what is reported in the press, Wagner said the lawsuits are actually pro-plaintiff, because many, if not most, are going to trial. She outlined the following best practices to strengthen defense against fee litigation:

  1. identify fees
  2. compare investment management fees or expense ratios against benchmarks
  3. continually monitor
  4. document reviews of investment vehicles and fees
  5. hire independent third-party investment experts.
  6. conduct a fiduciary audit.
  7. use a fiduciary manual.

The need for more third-party experts is good news for advisers. Wagner predicts that more plan sponsors will use consultants to assist with reviewing the investment performance and fees of investment managers and related service providers.

Other Regulations

Other areas the DoL is interested in that could affect advisers are target-date funds and financial literacy. The financial crisis has put the spotlight on the need for basic financial education, and Wagner said the DoL has acknowledged this need, which could put the burden on plan sponsors and therefore advisers. “One on one education works best … The question is, will this be mandated?” she said.

Target-date funds have also come under scrutiny because of the high equity exposure many of the 2010 funds held, which resulted in significant losses by some close to retirement. Plan sponsors and their advisers can expect more regulation in that area. “I think the Wild West days of target-date funds are over,” Wagner said.








For more stories like this, sign up for the PLANADVISERdash daily newsletter.

PANC 2009: Target-Dates: Learning from the Past Year

The asset allocation of target-date funds has been a hotly debated topic, especially as the financial crisis has put them under the microscope.

More specifically, industry experts debate whether target-date funds’ allocation should be “to” or “through” retirement, with the former having less equity at the anticipated retirement date and the latter keeping a sizeable portion. However, despite the variety of asset allocations across fund families, many of the funds have the same target date in their name (see “IMHO: When You Assume…”). The problem, especially during the last year, was that many advisers didn’t adequately understand the differences among target-date funds—and therefore couldn’t explain the differences to their clients, said David Krasnow, president of Pension Advisors, speaking on a panel at the PLANADVISER National Conference.

In order to educate participants about the differences, advisers must first “understand the methodology of what we’re promoting,” Krasnow said. Some argue that the differences are clearly written into the prospectus, however, Krasnow contended that telling people to read the prospectus is like telling an 11-year-old to read the dictionary. “The burden comes back to all of us,” he told advisers in the audience.

Steven Geisert, vice president at Godman Sachs said the biggest decision a plan sponsor will have to make is what the target date is (whether the plan sponsor wants a “to” or “through” retirement fund). Advisers can help by explaining how to arrive at the date and the asset allocation behind it. “And honestly, call us, the money manager, and make us come in and explain it,” he said.

Regardless of which type of target-date fund is in the plan—whether the fund is meant to be for life or just go to retirement—“I think it’s our job as an adviser to work with the vendor to make sure participants understand,” Krasnow said.

Beyond Communication

Better communication won’t solve the target-date dilemma; it must also come with a redesign of the funds, noted Joe Simonian, head of DC analytics at PIMCO. From a behavioral finance perspective, even if participants had understood the high allocation to equities in their portfolios, they might have still “run for the hills” by selling out at a loss when the markets imploded last year, Simonian said. He asserted that one doesn’t have to be anti-equity to recognize that there was just too much equity in target-date funds at retirement; at some point there is a need to preserve capital.

Simonian said the majority of target-date providers failed miserably, blaming it on the “arms race” to create target-date funds. “We have to be cognizant of the fact that we can ruin people’s lives,” he commented.

Could we be entering phase II of target-date funds? Al Schwartz, director of institutional Portfolio Management at M&I Investment Management Corp., mentioned that the markets will weed out the target-date funds that failed. However, he also noted that he hopes not all plan sponsors will now go too conservative in their selection of a fund suite. Advisers need to help sponsors determine the right fund by looking at the metrics of the plan, he said.

As the next generation of target-date funds comes forth, maybe we will see more variety and less proprietary investments. Schwartz noted the value of having open-architecture funds and the ability to mix passive and active funds. “There’s a use for both [passive and active funds], and I think professional managers can really take advantage of that.”

For more stories like this, sign up for the PLANADVISERdash daily newsletter.

«