The blog will serve as a resource to
help employers formulate strategies to address unfolding legal and business
developments that impact employee benefit plans and assets.
“As ERISA lawyers know, 2014 will be
a year of tremendous change,” said Howard Shapiro, partner and co-head of the
Proskauer ERISA (Employee Retirement Income Security Act) Litigation Group.
“The ERISA Practice Center Blog will discuss pending legal changes and issues
before they take place to empower employers with the information they need to
avoid costly litigation.”
Proskauer Partner and Practice
Center Co-Chair Myron Rumeld added, “In particular, the Affordable Care Act
ushered in many new responsibilities for employers who will be challenged to
explain changes under the new law in a way their employees will understand and
who may be the subject of employee lawsuits if these communications are not
handled properly.”
The new blog provides commentary on
a variety of ERISA-related topics, including:
Employers’ new responsibilities under the Affordable
Care Act;
Managing ERISA class action litigation;
Benefit claim administration and litigation avoidance;
and
Breaking news on fiduciary responsibility and changes
under the law.
Clients sometimes wander away from the investment policy statement
because of distorted perceptions of market volatility, Russell Investments
found in an adviser survey.
And not all financial advisers use written investment policy statements
with their clients, according to global asset manager Russell Investments. In Russell’s
latest quarterly survey of U.S. advisers, the Financial Professional Outlook,
only 39% of advisers said they create a written statement of risk and return
objectives along with implementation guidance for all of their clients. About a
third (33%) said they only create investment policy statements for their
highest-net-worth clients, and a fifth (21%) of advisers do not use these
statements at all.
“With the industry shift toward
advisory-based relationships, it is surprising that so many advisers remain
uncommitted to the best practice of utilizing investment policy statements with
all clients,” said Rod Greenshields, consulting director for Russell’s U.S.
adviser-sold business. “One of the best ways an adviser can fulfill their
fiduciary duty and encourage a client to stick to a long-term, disciplined plan
is to develop a statement of their objectives and related recommendations.
These statements can serve as a type of commitment device, reminding investors
of their goals and helping them make productive decisions in times of
uncertainty.”
A majority of advisers surveyed (60%)
said that in 2012, they were asked by clients to deviate from an agreed-upon
investment policy to reduce their exposure to risk assets.
(Cont’d…)
Possibly more disconcerting,
almost as many advisers (59%) said that investors who looked to stray from the
investment policy statement were acting on
nonprofessional advice from the media, family or friends. Russell called the
finding troubling in light of the strong showing of equity markets in 2012.
Greenshields said there are two common
investor biases that are responsible. The first he calls “recency bias,” when
investors assume the patterns they have experienced will continue indefinitely.
“The second is availability bias, which occurs when an investor places more
weight on the information they see most frequently,” Greenshields explained.
These biases are responsible for
amplifying the political, economic and market events of the past few years,
Greenshields said, “distorting investor perceptions of market volatility and
reducing some investors’ ability to stay focused on their long-term plans.”
But when clients ask to deviate from
the agreed-upon investment policy, it can be an opportunity to revisit the
client’s objectives. Almost half of advisers (47%) said they use this tactic to
review objectives or the full financial plan. Thirty-eight percent said they
take the opportunity to revisit the investment policy or the portfolio asset
allocation, or both.
When asked what advice they are
offering clients for the duration of the year, many advisers pointed to the
importance of a financial plan based on long-term objectives, but some also
noted that they are emphasizing that a “buy and hold” strategy may not be
appropriate in today’s investment environment.
(Cont’d…)
One adviser tells clients: “Stick to
the plan. Don’t get too excited by rising markets or too depressed about
declining markets. Our asset allocation recognizes both up and down markets are
certain to occur.” Another offered, “Remember that portfolios are allocated to
match their risk/reward profile, and that we will make adjustments as needed to
keep that balance in effect.”
“A disciplined, long-term plan does
not necessitate a static approach,” Greenshields pointed out. “In fact, a plan
can benefit from elements of flexibility and adaptability that allow for
appropriate response to changes in an investor’s goals and circumstances, as
well as changes in the market. Yet, reacting to every short-term market event
is not the answer. Advisers employing an investment process that responsibly
adapts to the investor’s situation and provides opportunities to actively
manage risk are likely better able to keep clients on track.”
The Financial Professional Outlook survey also examined the differing market views
of investors by age, growing optimism about the market by both investors and
advisers, and most frequent topics of conversation between investors and
advisers.
The Financial Professional Outlook survey, fielded February 5 to
February 19, includes responses from 479 financial advisers in 115 national,
regional and independent advisory firms throughout the country. More
information about the survey, including a video and a full report of
findings,
is here.