Best Practices for 401k Committees

Help for 401k plan sponsors and retirement professionals.


Newsletter for February 23, 2015

We are a knowledge service that finds, reviews, selects, organizes and shares the most appropriate, relevant and fresh information for professionals involved with 401k and 403(b) plans.

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In This Issue

Items of Special Interest to Service Providers

Best Practices for 401k Committees

Summary: Helping your clients set up a committee to clearly define and document a process of plan oversight is an effective way to help them limit the liability associated with managing a 401k plan, and provide tremendous value. Article reviews some "best practices."

Source: 401kbestpractices.com

Private Industry Converging on Fiduciary Solution Ahead of Regulators

Summary: Interview with Brian Hamburger, the Founder, President and Chief Executive Officer of MarketCounsel, a business and regulatory compliance consulting firm. Hamburger is an active advocate for a fiduciary standard and his firm recently came out with an 11 point 'Best Practices for Advisers and Brokers Seeking to Meet True Fiduciary Standard.'

Source: Fiduciarynews.com

403(b) Plans

403(b)/401k Comparison Chart

Summary: A chart prepared by McKay Hochman that compares the features of code §403(b) and code §401(k) plans.

Source: Mhco.com

Beneficiary Rights When a 403(b) Participant Dies

Summary: It's not unusual for questions to arise about options for the beneficiaries of 403(b) accounts, including non-spouse beneficiaries' ability to "stretch" the distributions from the deceased's account over the beneficiary's lifetime. This is a reviews of basic of beneficiary rights.

Source: Ntsa-net.org

Fiduciary and Plan Governance Material

Three Things Every Plan Committee Member Should Know

Summary: Plan investment committee members come in all shapes and sizes, sometimes drawn exclusively from staff of the employer sponsoring the plan, sometimes not. More importantly, they are frequently tapped for this important role for reasons that may have little to do with their background or expertise in the matters that will come before the committee. Here are three important things that every plan committee member should know before they sit down at their first committee meeting.

Source: Napa-net.org

Insight: Studies, Research and White Papers

Shining a Spotlight on Investment Advice

Summary: Managed account and automated advice services have made significant inroads in DC plans. However, plan sponsors often have had limited or insufficient information to evaluate and monitor automated advice engines, despite having fiduciary responsibility over advice provided to participants. Article offers some simple investigative strategies to make more thorough evaluations, potentially improving participant outcomes and reducing fiduciary risk.

Source: Pimco.com

Five Ways Retirement Is Changing

Summary: Canada is seeing transformative change taking place in the way that people think about retirement, and in how they should plan for it, both financially and in every other area of life. Two dynamic new forces of change are increasing longevity and shifting demographics. Article outlines five key changes that are re-visioning retirement.

Source: Benefitscanada.com

Target-Date Funds

Target-Date Fund Inflows Not What They Used to Be: Morningstar

Summary: In the fourth quarter of 2014, target-date funds had nearly $6.5 billion in asset inflows, about half the historical three-year quarterly average of $13 billion. A key reason for the weak growth is that fewer new retirement plans are putting target-date funds into their lineups. Plus, more plans are moving assets into collective trusts or custom target-date strategies.

Source: Thinkadvisor.com

Plan Automation

Getting Auto-Enrollment Implementation Right

Summary: Implementing automatic enrollment without thinking through plan design can result in compliance and administrative issues. Plan failures due to automatic enrollment, either breaking the law or operational failures, happen. So plan sponsors should put language in their plan document that is easy to follow and not burdensome to live with.

Source: Plansponsor.com

Automatic Enrollment, Employer Match Rates and Employee Compensation in 401k Plans

Summary: This study examines the relationship between automatic enrollment and employee compensation. A significant negative correlation exists between the generosity of the employer match structure and the automatic enrollment provision. However, study finds no evidence that total compensation costs or DC costs differ between firms with and without automatic enrollment, and no evidence that DC costs crowd out other forms of compensation.

Source: Ssrn.com

Court and Legal

2015 Q1 Retirement Plan Litigation Update

Summary: Two page quarterly update of new and on-going retirement plan litigation prepared by Portfolio Evaluations, Inc.

Source: Porteval.com

Santomenno Court Case a Window Into Debate Over DOL Fiduciary Rulemaking

Summary: As the industry waits for the DOL to re-propose its fiduciary rule, a case at the appellate level last year provides an interesting preview of the upcoming debate. What makes this case so interesting is how the plaintiffs, defendants, and the DOL itself, via its amicus brief in support of the plaintiffs, addressed the past, present, and future of the DOL's fiduciary rule.

Source: Fi360.com

Ninth Circuit Concludes Beneficiary Designation Form Not a Plan Document

Summary: In Becker v. Mays-Williams, the Ninth Circuit was confronted with the issue of determining whether decedent Asa Williams, a long-time participant in his employer's ERISA governed retirement savings plans, effectively changed his beneficiary designation from his ex-wife to his son from an earlier marriage. The Court concluded that to resolve the question, it would have to address a matter of first impression for the Ninth Circuit, whether beneficiary designation forms are plan documents.

Source: Erisa-employeebenefitslitigationblog.com

Northern Trust to Pay $36mm to Settle ERISA Suit

Summary: Northern Trust Co. has agreed to pay $36 million to settle claims by plaintiffs in two 401k plans alleging the firm mismanaged investments in its securities lending business and charged excessive fees.

Source: Benefitspro.com

Compliance and Regulatory Related

2015 Q1 Retirement Plan Regulatory Update

Summary: Two page quarterly update of new and on-going regulatory issues related to retirement plans prepared by Portfolio Evaluations, Inc.

Source: Porteval.com

Is Your 401k Plan Up to Snuff? Watch Out for These Audit Red Flags

Summary: Four emerging potential 401k trouble spots are becoming a greater focus at the DOL. One involves self-directed brokerage accounts that allow participants to purchase individual securities. The other three trouble spots involve administrative procedures to address.

Source: Bizactions.com

Marketplace News

Employee Fiduciary Retains V2 Marketing for Inbound Marketing

Cetera to Offer Envestnet's Practice Management Platform

ERISA Attorney Tom Clark Joins the Wagner Law Group

OneAmerica Continues Retirement Services Field Alignment

Aspire Names SVP to Boost BPO Service Offering


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