Monday, September 22, 2008

WSJ Report: Investors Pull Money Out of Their 401(k)s

Jennifer Levitz of the Wall Street Journal [subscription required] writes in the journal dated 9/23/08, "Investors Pull Money Out of Their 401(k)s - Hardship Withdrawals Rose In Recent Months, Plans Say; Concerns About Tax Penalty."
With stocks falling, credit tightening and unemployment rising, small investors have been raiding their 401(k) accounts or slashing contributions to the popular retirement plans, according to the latest tallies of plan administrators. Others, eager to shield their portfolios from further damage, are reducing their exposure to stock mutual funds to near record lows.

...
The behavior -- described by some market watchers as panicky in the past week -- has led to worries that the retirement prospects are dimming further for Americans, most of whom no longer have private-sector pensions to rely on.

Recent 401(k) winnowing is coming in the form of "hardship withdrawals" -- removing cash from the fund, with a 10% tax penalty, for exigencies such as job loss, the prospect of losing your home to foreclosure or a big medical expense.

T. Rowe Price Group Inc. in Baltimore saw a 14% increase in hardship withdrawals in the first eight months of this year, compared with the same time last year. Boston-based Fidelity Investments says the number of workers with hardship withdrawals rose 7% from April through June, compared with the same time period a year earlier. Principal Financial Group Inc., in Des Moines, Iowa, says that requests for hardship withdrawals are up 5% this year through Sept. 18, over last year, and that the withdrawal amounts are larger.

...
Jim Wharton, a 65-year-old retired Sears Holding Corp. manager in Queen Creek, Ariz., says he moved his entire 401(k) balance of $357,000 to certificates of deposits insured by the Federal Deposit Insurance Corp. recently. The money had been invested in a "stable-value" fund, typically a low-risk, low-yield fund that invests in bonds and interest-bearing contracts backed by insurance companies. He says his next move may be "under the mattress."

According to Hewitt Associates Inc., a Lincolnshire, Ill., consulting firm, the total stock allocation among 401(k) participants is at a five-year low, declining to 62% in August from 68% a year earlier. Hewitt attributes the decline to an unusually high number of investors transferring money into fixed-income funds. It said it believes the trend continued into September.

...
Ms. Schlesinger, the Providence investment adviser, says many workers who were too heavy on stock mutual funds going into the crisis have taken hits on their balance and now wonder what to do.

If they are young, she advises them to rotate slowly into more conservative investments -- to avoid selling their investments at a low price.

But, she says, if they are five years or less from retirement she is advising them to immediately protect their portfolio from further decline by moving at least 30% or 40% into fixed-income accounts. For many investors, that will mean "taking a loss," she says. She says, "I tell them, 'I'd like to think that the rescue plan is at the bottom of the market, but what if it's isn't? We can't gamble with that.'"

Sunday, September 21, 2008

Weekend DOL Blotter - 9/21/2008

The DOL's Employee Benefit Security Agency (EBSA) continues to supply us with weekly fodder for our weekend series. "U.S. Labor Department takes legal action against trustee of AE Seven LLC 401(k) plan for failure to administer employee assets."

Greenwood Village, Colorado – The U.S. Department of Labor has sued the trustee of the AE Seven LLC 401(k) plan in Greenwood Village for failure to properly administer the company’s 401(k) plan in violation of the Employee Retirement Income Security Act (ERISA).

The lawsuit, filed in the U.S. District Court for the District of Colorado, alleges that the defendant has failed to take fiduciary responsibility for the operation and administration of the plan since August 2007. As relief, the suit asks the court to remove Tracy Podgorak-Miller from her position as a trustee, and appoint an independent trust company to administer the plan and distribute assets to participants and beneficiaries.

“The Labor Department is committed to protecting workers’ benefits when plan assets are either misused or the plans are abandoned,” said Steve Eischen, director of the department’s Employee Benefits Security Administration (EBSA) Kansas City Regional Office.

Tracy Podgorak-Miller was the majority shareholder of AE Seven LLC and Abiouness, Cross & Bradshaw, architectural engineering firms that ceased operations in August 2007. At that time the plan had approximately $205,739 in assets and 14 participants.

The suit resulted from an investigation conducted by EBSA’s Kansas City office. In fiscal year 2007, the agency achieved monetary results of $1.5 billion related to pension, 401(k), health and other benefits for millions of American workers and their families. Employers and workers can reach the regional office at 816.285.1800 or toll-free at 866.444.3272 for help with problems relating to private sector retirement and health plans.

Chao v. Tracy Podgorak-Miller & AE Seven LLC 401(k) Plan
Civil Action Number 08-cv-01958