Newsletter for August 3, 2020
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In This Issue
Insight: Studies, Research, and White Papers
Cost of 401k Investing Continues Dramatic Decline
The cost of 401k investing continues its downward trend, according to new data from the Investment Company Institute. ICI noted the cost of investing in equity and hybrid mutual funds through 401k plans, specifically, fell again in 2019. The report also shows that participants who invest in mutual funds in their 401k plans tend to hold lower-cost funds.
Source: 401kspecialistmag.com
COVID Causes 1 in 10 Plan Sponsors to Halt 401k Matching Contributions
The latest look at what's happening with 401k employer matching contributions during the COVID crisis shows that one in 10 plan sponsors have eliminated their matching contributions, according to a new survey from the Secure Retirement Institute. Of those with a remaining match, 7% have reduced it, and 19% are considering a reduction.
Source: 401kspecialistmag.com
DOL Participant Fee Disclosures Impacted Decisionmaking, Study Finds
Despite prior evidence that retirement plan participants are passive and do not react to new information, a new study finds that the Department of Labor's participant fee disclosure regulation did have an impact. The National Bureau of Economic Research's newly released study found that participants became more attentive to fund fees and to short-term fund performance following the DOL's regulation.
Source: Napa-net.org
»» Click here for More Studies, Research, and White Papers
General Items
Protecting Retirement Plan Participants and Your Company's Bottom Line When Employees Return to Work
Now that plan sponsors have had a few months to adjust to a "new normal," many are asking themselves, "Did we do enough to protect our business and plan participants from the pandemic"? With a new surge of infections predicted in the fall, plan sponsors want to know if there is more they can do with their benefit plan arrangements to protect themselves and plan participants from another economic downturn. This article provides an overview of the more common retirement plan issues facing plan sponsors along with suggestions for addressing these challenges.
Source: Icemiller.com
An Article That Doesn't Make Much Sense
The author writes, "For reasons that elude me -- other than perhaps because it has a 'clickbait' headline -- the folks at Bloomberg recently published an 'op-ed' titled, '401k Plans No Longer Make Much Sense for Savers.' Sadly, it's gotten some attention, aided and abetted even by industry publications, some of which incredibly reported on it as a straight news item. Much as it pains me to give more 'oxygen' to this, the author, a 'former risk manager' (he now apparently writes books), basically makes a tax argument. His essential premise is that once upon a time, the tax benefits of 401k made that investment worthwhile, but that tax rates have dropped, and they're not likely to be lower in the future, so you'd be better off taking that money and investing it elsewhere."
Source: Napa-net.org
Items of Special Interest to Service Providers
Fiduciary Duties for Financial Services Companies: The Unique ERISA Paradigm
Concerning recent proposals to impose fiduciary responsibilities on financial services firms, Eversheds Sutherland attorneys Mark Smith and Carol McClarnon review the ERISA fiduciary regime that has been in effect since 1974 and its distinctive features as compared to the common law of trusts and other fiduciary laws and consider as a case study bank collective investment trusts.
Source: Eversheds-Sutherland.com
403b Plans
CARES Act Special Considerations for 403b Plans
Participants in 403b plans may not be able to take as much in distributions and loans as provided for in the CARES Act. Also, they may not enjoy the savings provided by the elimination of tax penalties for early distributions in the same way other plan participants will. Participants invested in annuity contracts may face charges for distributions and limits on amounts they can take as a distribution or loan that they may not be aware of.
Source: Plansponsor.com
»» Click here for More 403b Material
Plan Communications
Plan Sponsors Should Focus on Life Events Rather Than Generations in Communications
U.S. workers are tired of seeing comparisons broken down by generations when it comes to finances, according to a new survey from Empower Retirement. Employees in the survey say they believe their views are created by personal experiences and characteristics, not by their age group.
Source: Plansponsor.com
How to Communicate Employee Benefits in Uncertain Times
As employers plan for open enrollment season careful consideration and planning should be given to how to communicate benefits holistically. If shelter in place orders and social distancing practices are still in effect during your enrollment window, it will also impact which communications channels are needed to reach employees.
Source: Voya.com
»» Click here for more on Plan Education and Communications
Court and Legal
Appeals Court Hands Wells Fargo Another Win in Stock Drop Case
The 8th U.S. Circuit Court of Appeals has affirmed a ruling out of the U.S. District Court for the District of Minnesota. Assuming there will not be a successful Supreme Court appeal, the ruling brings to a close a set of complex stock-drop lawsuits filed against Wells Fargo by its employees. The case represents yet another example of "stock drop" litigation that has failed to make it beyond the pleading stage after the influential Supreme Court ruling in a case known as Dudenhoeffer.
Source: Planadviser.com
Citing "Endless Risk," District Court Disqualifies Firm From 401k Case
A New York district court judge earlier this month disqualified a firm representing hundreds of 401k plan participants based on a conflict of interest. The judge called the risks posed "endless," and requested additional briefing on whether the firm would be allowed to remain as counsel in related arbitration proceedings in Missouri. The ruling spotlights the sometimes-thorny conflict issues that can arise in ERISA litigation.
Source: Lexology.com (registration may be required)
Quest Diagnostics Faces Additional ERISA Litigation
A new ERISA lawsuit has been filed in the U.S. District Court for the District of New Jersey, naming Quest Diagnostics and several of its retirement plan committees as defendants. The medical testing company is already facing scrutiny for its use of actively managed investments within its retirement plan; it is now the subject of a broader excessive fee lawsuit.
Source: Planadviser.com
Princeton ERISA Settlement Features $5.8M Price Tag
Details of a settlement of an ERISA lawsuit against Princeton University that was previously announced have been posted. The university has agreed to pay $5.8 million to settle a lawsuit alleging excessive fees for recordkeeping and investments. In addition to the payment into a settlement fund, Princeton has agreed to what the settlement agreement calls "therapeutic relief," including a pledge to not raise fees.
Source: Planadviser.com
»» Click here for more Court and Other Legal Issues
Legislative and Washington DC
Pension, 401k Registry Bill Resurfaces
Workers are increasingly responsible for making sure they have enough money to retire. But moving from job to job is now the norm and pensions get left behind and 401ks fall by the wayside. People who try to find old plans often can't locate employers that have changed names, merged, relocated, or terminated a plan. A perennial proposal just reintroduced in Congress would do some good: establish an online database of employer retirement plans so workers and retirees can locate old pensions and 401k accounts.
Source: Bc.edu
»» Click here for more on Legislative and Washington Actions
Cyber and Plan Security
Best Practices for ERISA Fiduciary Responsibilities and Cybersecurity for Retirement Plans
Data and personally identifiable information have become increasingly more vulnerable to attack as it travels on employer and third-party systems. This has been partially due to the recent advancements in plan administration, technology, online enrollment, and electronic access to account information, the electronic delivery of disclosures including benefit statements, as well as benefit plan transaction processing (including self-certifications of distributions). Most transactions involving retirement plans are conducted electronically, including maintaining and sharing data and information across multiple platforms. This article guides plan fiduciaries of retirement plans on developing prudent policies and procedures to secure information and data.
Source: Ebglaw.com
»» Click here for more on Cybersecurity Issues
Compliance and Regulatory
IRS Updates Operational Compliance List for Retirement Plans
IRS recently updated its Operational Compliance List for qualified retirement and 403b plans to identify changes in law and guidance affecting plan operations. The Operational Compliance List reminds sponsors about revised operational requirements taking effect during a calendar year, even though conforming amendments might not be due until a later date.
Source: Mercer.com
»» Click here for more Compliance and Regulatory Material
Marketplace News
Nominations Accepted for ASPPA's 2021 Leadership Council
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