PANC 2017: Practical Fiduciary Practices

To help plan committees fulfill their fiduciary role, advisers have some practical strategies to draw from.

Retirement plan committees have a host of responsibilities—most of them fiduciary. To help them fulfill their varied, and demanding, fiduciary role, advisers can turn to a number of practical strategies.

Jania Stout, practice leader and co-founder of Fiduciary Plan Advisors, and moderator of “Practical Fiduciary Practices,” Thursday, at the 2017 PLANADVISER National Conference (PANC), said her firm doesn’t build materials for committee meetings itself, but looks to providers, law groups or industry-related articles. Mostly the same message can be delivered to all clients, she said, and advisers don’t have to create their own content.

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For plan sponsors lacking internal staff with investment expertise, a good foundation to build on is an investment policy statement (IPS), said Jason Trine, managing director – investment platform distribution, at Principal. “Plan sponsor clients don’t have to have [an IPS], but it is good for laying the groundwork of what the adviser and the client are going to do,” he said. “Some providers, such as Principal, have model ones plan committees can use.” Trine reiterates that the overarching theme is to have a process for accomplishing goals with clients.

Another practical practice, according to Phyllis Klein, senior director, consulting research group at CAPTRUST Financial Advisors, is training. She noted the evolution in the definition of “fiduciary.” Advisers need to instruct plan sponsor clients that they are considered fiduciaries and offer them training on what that means, she said. Training should involve program materials that are understandable and actionable.

Klein has found that committees, themselves, want to be trained—on investments, and also financial jargon as they don’t always understand the terms advisers use in quarterly meetings. She added that advisers should also train client committees on plan governance and operational requirements.

NEXT: What clients want

Stout pointed out that committees are always interested in litigation updates.

At CAPTRUST, to address that interest, two advisers who are also ERISA [Employee Retirement Income Security Act] attorneys, create communications about the latest litigations and what lawsuits and court decisions mean for plan sponsors, Klein said.

According to Stout, plan sponsors also have a need and demand for target-date fund (TDF) analysis. Her firm has implemented the Department of Labor (DOL)’s tips for TDF analysis and goes over them with each client. At every committee meeting, the sponsor must respond to a checklist, to document whether it has adhered to the tips.

Trine said Principal has built a TDF analyzer. “The first step is selection, second is implementation—will [the fund] be used as the plan’s qualified default investment alternative (QDIA)?—and the third step is monitoring,” he said. The tool creates a baseline for TDFs. If any structural changes are seen or if participant demographics have changed, the committee documents decisions and starts accruing a file where its reasoning is explained. “In a DOL audit, if the agency asks why a plan sponsor is using a particular TDF series and the sponsor doesn’t have an answer, it could cause a problem,” he said. He stressed that educating participants is important if plan sponsors use TDFs.

Stout noted that a trend is building in the use of policy statements. Investment policy statements are old news, but now retirement plan committees are adopting fee policy statements and education policy statements.

Trine agreed with the idea of clarifying what to expect upfront, but maybe not by way of policy statements. He suggested putting something in writing that addresses any pain points the sponsor has experienced that could make a policy seem warranted.

In Klein’s opinion—and she made clear it was not CAPTRUST’s opinion—she is anti too many policy statements. “Any time you have something written down, you have a huge obligation to follow it, as well as maintain it,” she said. “Even though policy statements are not technically governing documents, plan sponsors will have an expectation to follow them.” She said there are other ways to accomplish the same thing, for example a paragraph in the IPS about wanting zero-revenue-sharing investments. She added she has not been convinced that education policy statements are useful.

NEXT: Onboarding new committee members

Stout recommended that, for new committee members, advisers create a cheat sheet of plan document provisions and provide new members with past committee meeting minutes to bring them up to speed. “If committee members are questioned by regulators or litigators, they will have to know the processes,” she observed.

Further, reaching out to new members for a meeting is useful for sharing background knowledge, Trine said.

Returning to the subject of training, Klein said she is seeing repetition of training, to reinforce what is learned—not only training of a new committee member, but something annual for the whole committee. Newer committees rely heavily on technology for training. Some use BrainShark technology to personalize the education to the specific plan. “They can send out the training with a link and track who participated in it and completed the whole thing,” she said.

Training annually and using technology helps ensure new committee members hear the same thing as others members and helps them to work together, Klein said.

Besides that, providing training helps the adviser set ground rules for what the client can rely on him for, and what it can’t, she said.

Explaining True-Up Matches

DC plan sponsors may want to offer a true-up match to help participants reach their retirement savings goals.

Plan sponsors, advisers and providers are always recommending defined contribution (DC) plan participants defer enough of their salaries into the plan to receive the full employer match contribution.

In order to make sure participants are maximizing their retirement savings, plan sponsors may offer a true-up match.

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What is a true-up match? This type of contribution allows employers or plan sponsors to fund the difference in match contributions for participants who may reach the maximum statutory deferral amount prior to the end of the year or for participants who did not contribute enough for part of the year to receive the full match.

A true-up match is contributed at year-end or one to two months following the new year, largely because plan sponsors must review all funded contributions completed throughout the 12 months, according to Michael Knowling, vice president of Client Relations and Business Development at Prudential.

“It allows [employees] to not leave free money on the table,” Knowling says. “It allows them to maximize their employer contribution or employer matching contribution.”

Knowling says it’s an extra benefit for workers, and it helps plan sponsors by helping participants maximize DC plan savings.

NEXT: The true-up process

If a plan document includes a provision for a true-up match, who manages the true-up can go two ways, says Knowling: either the recordkeeper can perform the calculation or it can be performed in-house by the plan sponsor.

Plan documents often have wording such as, “the employer will match 50% of salary deferrals up to 6% of the employee’s compensation for the plan year.”   

“Employers are going back and kind of doing the match on [participants] behalf and background, saying, ‘How much do they make, what’s the minimum match they should have received and where’s the gap?’ and they’re applying the contribution on their behalf,” says Meghan Murphy, director at Fidelity Investments.

For a highly compensated employee, Knowling gives this example: “Let’s say an employee is contributing 15% of salary, or $1,500 a month, to the plan, that will allow them to reach the statutory contribution limit by year-end. Let’s just say in that scenario, the company has a matching contribution where they match 50% of the first 10% that’s contributed, in that situation the employee would get the full company match with no action required. On the other hand, let’s say that the employee has a contribution each month of $3000 instead of $1500. This participant is actually going to hit the statutory limit, probably six months into the year. At a match of 50% on the first 10% they contributed, the participant will receive less match than if he spread his contributions out over the year. A true-up contribution allows the employer to contribute the difference into his account.”

In another scenario, an employee may defer less than the match rate for the first half of a year, and then defer well above the rate for the last six months. In that scenario, Murphy says, employers will average out the match, and apply the difference for the participants.

The contribution is generally completed within the first two months following the new year, but will normally hold a deadline of April 1 because of the length in time taken for later contributions to process, says Murphy. This date can vary by an employer however, and be established as long as it is included in the plan document, is supplied to employees and has been approved.

In the event that a plan sponsor was to miss fulfilling the true-up—a scenario Knowling regards as very unlikely due to the visibility surrounding the process—the plan sponsor would work with either a compliance or legal team on a resolution.  Due to its status as an unrequired benefit, Murphy notes plan sponsors would not face a penalty from regulators should a true-up contribution be missed. However, if written into the plan document, the missed benefit must still be corrected.

NEXT: Popularity of true-ups

During the PLANSPONSOR National Conference in June, poll results showed more than half of sponsors surveyed (55%) do not offer a true-up match, whereas 44% did.

According to Knowling, if the plan sponsor is already automatically enrolling employees at the match rate, participants will less likely see—and need—a true-up match.

However, the number of plan sponsors offering true-up matches may increase in the upcoming years ahead, as a recent defined contribution benchmarking survey from Deloitte found 54% of plan sponsors offered a true-up match in their plan design—nearly a 10% jump from 45% in 2015.

For workforces and plans not offering a true-up contribution, Knowling says plan sponsors can employ education targeting communications to participants on track for missing out on maximizing the employer match.

“If they don’t have the plan design that [provides for] a true-up contribution, there are opportunities with education so that the participant can maximize their employer matching contribution,” he says. “And for those plan sponsors who do have a true-up provision, they have an opportunity to promote the extra benefit.”

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