Saturday, June 28, 2008

Weekend DOL Blotter - 6/28/2008

Another busy week at the DOL's EBSA enforcement desk.

"Trouble in Music City"

On June 23rd the DOL reported on its website: "U.S. Department of Labor sues president of Nashville music entertainment company to recover employee benefit contributions":


"The lawsuit alleges that, over the course of a year, the company withheld employee contributions owed to the plan, failed to segregate the contributions from the company’s assets, and did not forward the assets to the plan in accordance with ERISA and the plan’s governing documents. Instead, the defendant co-mingled the funds with the general assets of the company.

“Employees intended these contributions to pay for their future retired years, not to benefit the company,” said Rebecca Marshall, director of the Atlanta Regional Office of the department’s Employee Benefits Security Administration (EBSA), which investigated this case.

...the suit seeks to remove Taylor as fiduciary of the plan, appoint a successor trustee to distribute restored assets to the nine participants, and bar Taylor from serving as a fiduciary of any ERISA-covered plan in the future."

Serious stuff...

On other news:

"'Fine Line' Fiduciary"

"Former president of Fine Line Drywall, Keene, New Hampshire pleads guilty to theft of employee IRA funds"


"In 2006, Blanchard was indicted and charged with theft by recklessly failing to make specified payments to the Fine Line Drywall Inc. Simple IRA Plan from February through December 2004, when the company went out of business. Specifically, the alleged theft involved employee contributions totaling nearly $30,000 and employer matching contributions of more than $18,000."

"He was alleged to have stolen these funds for his own personal expenses."

After pleading guilty, Blanchard was sentenced to a prison term of two to five years in the New Hampshire State Prison and suspension of two years provided the defendant meets certain conditions. Blanchard was ordered to make full restitution within two years, perform 200 hours of community service and be subject to random testing for controlled substances.

Wednesday, June 25, 2008

Defined Benefit Investment Returns Outperform 401(k) Plans

Watson Wyatt Insider is reporting (hat tip: planadviser.com):

"most recent comparison finds that between 1995 and 2006, DB plans outperformed DC plans by an average of 1 percent per year. Earlier studies also found that, over time, DB plans attained higher returns than did 401(k) plans."
This may be an unsurprising outcome to most readers, since Defined Benefit plan investments are typically professionally managed and therefore, presumably, because of higher level of investment knowledge applied in their management, produce better returns than participant-directed 401(k) accounts (the thesis being that the average participant is not a professional investor). As the conclusion of the study notes:
"Trustees for DB plans have a fiduciary responsibility for investment performance. They or the professionals they hire also usually have considerable financial education, experience, discipline and access to sophisticated investment tools — advantages not typically shared by individual participants in 401(k) plans. These advantages help DB plan investors maximize their returns and maintain well-diversified portfolios, so they can generally ride out market fluctuations more smoothly than 401(k) plan participants. Time will tell whether 401(k) participants will learn to manage their new investment responsibilities more effectively to ensure adequate retirement income in the future."

What does surprise me however, is that better (professional) investment management of DB's produced a "nominal" excess of around 1% per year. I would expect that the excess of returns over that of a participant-directed ("dart-throwing") investment method in a 401(k) plan would be more than a nominal excess return of 1%. The article makes an attempt to address this issue:

"Size Matters"


"Between 1995 and 2006, returns in large 401(k) and DB plans were higher than those in small plans. Large DB plans outperformed small ones by an average of 3 percentage points. Large 401(k) plans outperformed smaller ones by an average of 74 basis points. Size seems to have less effect on 401(k) returns, perhaps because small DB plans cannot hire as much expertise as bigger plans, while both large and small 401(k) plans often offer essentially the same funds to participants."

Here's the chart of returns on the "largest 1/6th of plans" based on the data in the report:

At the risk of sounding biased towards 401(k) plans (which I am not), I would call this "good news" for most 401(k) investors in the largest of plans. My guess is that they have the benefit of better investment education of participants by the plan servicers afforded to plans of significant size.

Note that the three year moving average (black line on the chart) of the per year return differences has become more steady since about 2003. Although more quantitative research would be required to conclusively prove this, but my educated guess once again (hey, it's my blog, ain't it?) is that the introduction of diversified risk-based single funds such as the so-called "lifestyle funds," "managed accounts," and "model portfolios," have had some effect on narrowing the disparity of returns.

I would go one step ahead and call this a "democratization trend" of professional investment management - a good development in our industry. Furthermore, as the trend to introduce new financial products in order to bring more professional oversight to 401(k) plans continues, I look forward to an update of this research sometime say in 2009-2010 time-frame with data through 2008, when target-date funds started to become mainstays in 401(k) fund line ups. Once again, Wyatt notes this in the conclusion:

"Plan sponsors and regulators have implemented devices and strategies to help offset the knowledge gap between institutional and individual investors, such as the recent regulation that defines default investments for participant-directed plans. In the absence of investment direction from a 401(k) plan participant, the regulation allows the fiduciary to invest the participant’s assets in a qualified default investment alternative, which must be a life-cycle/target date fund, a balanced fund or a professionally managed account. These default investments may help mitigate the risk many 401(k) employees incur by failing to rebalance their assets over time. While these results do not reflect the effects of the new “autopilot” investment options, future analyses will investigate whether these widespread design changes will help close the gap in returns."

Let's turn our attention now to the "largest one half" of all plans covered by the data in the Wyatt study. The chart looks like this:

This picture looks about the same as that of the largest 1/6th of plans, except the disparity in returns as evidenced by the (black) 3-year moving average trendline appears to be close to zero in recent years.

Finally, a bit of a surprise on the smallest 1/6th of plans:


In the small plan arena, 401(k)'s actually outperformed DB's! I invite the readers to share their thoughts (via comments) on why this inversion occurs in this arena. Some relevant thoughts offered in the Wyatt article refer to expenses, and their impact on reported returns. The basic premise here being that DB plans report their asset values on the Form 5500 net of expenses, presumably including Schedule B preparation. The conjecture here being that this may possibly have a larger impact on the net return of smaller DB plans than those of larger DBs.

I invite the readers to view the data tables on the original Wyatt article to see for themselves that net 401(k) returns in the three plan size segments included in the study are pretty consistent, i.e., size appears to be less of a factor in the disparity of 401(k) returns. The DB returns by themselves show more of a pronounced disparity in comparing the three segments.

The article also looks at plan-weighted median rates of return and finds that the average spread between the median returns narrows to "only" 30 basis points! On the other hand, Wyatt points out in the study that although the spread on the average is narrower, on a year-to-year basis, there is a wider disparity (greater standard deviation) of returns in 401(k) plans:

"This is not surprising — 401(k) plans have millions of participants with varying financial skills choosing different mixes of investments, while DB plans have more consistent investment styles and performance. Moreover, many 401(k) participants choose asset allocation strategies at the extremes — all equities or all money market funds — and tend to be market-trend followers.6 There should be less volatility in the distribution of returns for DB plans."

Percentage of Equity May Affect Returns:

The study addresses this very important issue:

"In comparing asset-weighted medians, DB plans consistently outperformed 401(k) plans during the 2003-2006 bull market. But during the earlier 1995-1999 bull market, 401(k) plans outperformed DB plans. This reversal could be due to differences in equity allocations."

More astute observations on this issue from this article:

"from 1995 through 1999, 401(k) plan participants had a higher and growing allocation to equity in their asset portfolios compared with DB plan participants, so they reaped the rewards of high returns when the market was up. But the difference in returns was less pronounced than one would expect, which might be because DB plan fund managers maximize equity returns through greater diversification or more sophisticated investment techniques.

This advantage to professional investing was particularly evident during the bear market (2000-2002). DB plans had similar or higher allocations to equities, yet they outperformed 401(k) plans during this period. Many 401(k) plan participants seem to have bought high and sold low in the stock market. Some also might have been heavily invested in company stock, and, when the bubble burst at the beginning of this decade, their returns on this form of equity investment were poor."

This is a great study and hopefully one that Watson Wyatt will continue to update over the next few years as new Form 5500 data becomes available.

Monday, June 23, 2008

Bloomberg Video Report: The Truth Behind Hidden Fees in 401(k) Plans

This is a pretty incendiary report on "401(k) fees" charged by firms such as John Hancock (mentioned in the report). Among other examples cited in the report is one against fees charged on the large 403(b) plan sponsored by the National Education Association (NEA) where fees allegedly approach over 12%! Greg Kasten, President of Unified Trust is also interviewed and quoted. Good stuff for the common investor to get educated on...

The Truth Behind Hidden Fees in 401(k) Plans: Bloomberg TV (click to open Windows Media file)

June 19 (Bloomberg) -- Bloomberg's Mike Schneider reports on the hidden fees that are eroding the value of 401(k) retirement accounts. Some 78 million Baby Boomers will be heading into retirement this year, many dependent on their 401(k) plans. What many will learn, according to the AARP, is the average balance for Boomers nearing retirement is $60,000, due in part to hidden fees that can, over a lifetime of savings, skim off more than half of a 401(k) investor's potential returns. (Source: Bloomberg)

00:00 Employee realization of undisclosed fees
10:41 Revenue-sharing fees; lawsuits; Wal-Mart plan
16:33 Brokerage fees; Ford's plan; obfuscation
22:29 Congressional inquiry; mutual fund opposition

Saturday, June 21, 2008

Weekend DOL Blotter

We are introducing a new feature this week - The Weekend DOL Blotter. Via regular news releases on its website, the DOL releases information on indictments of plan sponsors for various offenses.

Today's feature is hot off the press - The DOL announced on June 19th that it has secured the 401(k) plan assets for Merchants Publishing Co. employees in Kalamazoo, Michigan:


A federal district court in Grand Rapids, Michigan has granted a consent judgment to the U.S. Department of Labor that allows more than $170,000 in 401(k) assets recovered in a criminal action to be distributed to former workers of Merchants Publishing Co. Inc. in Kalamazoo.


The court action resolves the department’s lawsuit against the company and plan trustees M. Jack Fleming and Carol Fleming. The suit alleged that the Flemings failed to remit employee contributions and loan repayments deducted from workers’ paychecks to the 401(k) plan from June 2000 to March 2006, in violation of the Employee Retirement Income Security Act (ERISA). The suit also alleged that the Flemings improperly received transfers of plan assets.


The court appointed an independent fiduciary to distribute plan assets to participants and beneficiaries. Including the $170,000 recovered as a result of a prosecution by the U.S. Attorney’s office in Grand Rapids, the total 401(k) assets to be distributed to eligible participants and beneficiaries exceed $650,000.

“The hardworking men and women of Merchant Publishing relied on the plan trustees to protect their 401(k) benefits,” said Bradford P. Campbell, assistant secretary of the Labor Department’s Employee Benefits Security Administration (EBSA). “Our legal action sends a clear message that plan fiduciaries will be held accountable when they fail to protect the retirement plan assets held on behalf of participants.”


The suit resulted from an investigation conducted by the Detroit district of EBSA’s Cincinnati Regional Office. Employers and workers can reach the regional office at 859.578.4680 or toll-free at 866.444.3272 for help with problems relating to private sector retirement and health plans. In fiscal year 2007, EBSA achieved monetary results of $1.5 billion related to pension, 401(k), health and other benefits for millions of American workers and their families.

Chao v. FlemingCivil Action Number: 4:06cv0117



Friday, June 20, 2008

Old News - Fidelity Investments cuts 550 jobs

I meant to post on this a few weeks ago - AP is reporting (via Yahoo! Finance) that Fidelity is cutting 550 jobs, or nearly 1% of its workforce. While this is not a huge number by any standards, what caught my eye about this tiny news item was this:

The nation's largest mutual fund company said the cuts are largely concentrated in the firm's personal and workplace investing operations that oversee other companies' pensions and 401(k) plans.

Alright, so another 500 or so retirement professionals are out looking for jobs now. Also, on a related note to benefits job-seekers: forget looking for jobs in the Northeast corridor for the next several months until the excess supply "inventory" of benefits professionals in reabsorbed back into employment:

Crowley [Fidelity Spokesperson] said the latest round of cuts included 70 jobs in Massachusetts, where Fidelity employs more than 12,000. The rest of the cuts are at various Fidelity locations nationwide -- including a Merrimack, N.H. office where Fidelity employs about 5,700 -- and overseas.
Steady now, 'ere she comes :
Lawson [Fidelity President] wrote [in a memo last fall] that Fidelity "must curb expenses where they are wasteful, not only to avoid waste, but to compete -- and win -- against some very tough rivals in an unforgiving marketplace."

Effects of the Recession on 401(k) Participation

News of gloom and doom in the economy is all around us - so I will not bore you with them. Let us turn our focus instead on what I think are two important shifts in participant sentiment that may be taking place out there:
  • Participants are more willing to use their 401(k) accounts as rainy day funds
  • Participants in some important pre-retirement and near-retirement demographics are making subtle but significant changes to their participation levels (rates).
BankRate.com is reporting (via Yahoo! Finance): 401(k) hardship withdrawals on the rise (some quotes from Vanguard's Center from Retirement Research, and Hewitt, followed by some pithy remarks on common sense cash management exercises for the entire family):

Cash-strapped employees are turning to their retirement plans as the credit crunch drags on and costs for everyday necessities continue their upward spiral. While hardship withdrawals from 401(k) plans are taken by a very small number of participants -- about 1.5 percent at Vanguard -- the giant fund company says hardship withdrawals have been increasing significantly; up about 17 percent in 2006 and another 9 percent in 2007.

...

Hewitt Associates tracks 1.5 million 401(k) participants at large corporations and says the trend for hardship withdrawals is continuing in 2008, and they don't expect to see that trend change throughout the rest of the year.


The number of loans from 401(k)s are holding pretty steady around 22 percent of participants at any given time, according to Pam Hess, director of retirement research at Hewitt.

Along the same lines, but focusing more on participation levels as opposed to hardship withdrawal issues, the WSJ is reporting today: Unsteady Economy Prompts 401(k) Strategy Shifts. Important takeaways:
  • Boomers (55-64 year olds) appear to be saving more to compensate for subpar investment performance
  • Yet, according to AARP, 33% have "stopped putting money in a 401(k), IRA or other retirement account." (Presumably this applies to AARP's core audience, but the article does not clarify)
  • According to Charles Schwab Corp., "7.1% of active employees reduced their 401(k) savings compared with a 5.2% in the last quarter of 2007 and a 5.8% in the first quarter of 2007."
  • "You have higher gas prices, higher food prices, higher college and healthcare costs," says Dean D. Kohmann, vice president sponsor services, corporate and retirement services at Charles Schwab.
    Kohmann says one silver lining is that the current economy is persuading more consumers to get financial advice, which is good long term.
    "The more people have a plan, the less likely they are to reduce [contributions,]" he says. "If you can keep contributing now, you'll have more shares at a lower price."
  • Woohoo - more financial planning!
  • A bit of good news from Wells Fargo: "Wells Fargo has since January seen customers go in both directions. It found that 30% of consumers who made a change to their contribution rate between January and mid-June decreased their savings -- 15% dropped it to zero.
    However, 70% of those who made a change increased their contribution, says Laurie Nordquist, executive vice president of Institutional Trust Services for Wells Fargo."

WSJ Report - How to Bulletproof Your Nest Egg

Last Week, there was an excellent article in the WSJ titled "How to Bulletproof Your Nest Egg." The article outlined some basic strategies for generating income from assets for folks at or near retirement:
  • Creating a Cash Reserve

  • Variable Annuity

  • Longevity Insurance

  • Using Payout (Mutual) Funds

Of the approaches outlined above, "Creating a Cash Reserve" seemed to be the most level-headed approach, followed by the use of Payout Funds such as Fidelity's Income Replacement Funds (mentioned in the article), along with Vanguard's version just released, known as Managed Payout Funds.

Although I am not opposed to them philosophically, I am generally wary of insurance-based products - they clearly need a lot more homework on part of the investor prior to purchase and their generally higher fees tend to eat into the principal and future returns.

Creating a Cash Reserve:

Harold Evensky and Deena Katz, who run their own advisory firm in Coral Gables, Fla., are authors of several books about investing and are among the most prominent figures in the financial-planning industry. The couple (they're married) have used their "cash-flow-reserve strategy" to create regular paychecks for retirees since the 1980s, and they've successfully weathered difficult markets in 1987 and 2000-2002.


The approach was born out of the pair's dissatisfaction with two commonly used strategies for generating cash from a nest egg. Strategy No. 1, relying solely on income from dividends and/or interest, simply "makes no sense," Mr. Evensky says. Such a nest egg requires a hefty percentage (typically 50% or more) of bonds or bond funds to generate needed cash, and, thus, limits one's stock holdings. Stocks, of course, have historically provided the growth needed in a portfolio to guard against the loss of purchasing power.

...

Initially, Mr. Evensky and Ms. Katz came up with a "five-year" plan for their clients. Let's say a retiree has $1 million in savings and needs $40,000 a year to supplement other income (like Social Security). With that in mind, $200,000 (five years x $40,000) would be set aside in say, a money-market account. The remaining $800,000 would be invested in a well-diversified portfolio. The money-market account would be used to pay monthly bills, and the account would be "refilled" (periodically) from gains in the investment portfolio.


The thinking: The "real risk" with a nest egg, according to Mr. Evensky, is having to sell holdings when markets are falling in order to meet spending needs. (Remember: reverse-dollar-cost averaging.) Carving out five years of living expenses would all but eliminate that risk; if markets were falling, the five-year cushion would provide funds to buy groceries, etc., and the client could wait until markets rebounded before refilling the money-market account. The problem: Setting aside a full five years of cash in a vehicle with relatively low returns (like a money-market account) put a significant damper on the nest egg as a whole.


So, the couple tinkered with their formula, and today provide clients with three accounts. The first is a simple checking account. The second is a "cash-flow reserve portfolio" with approximately two years of spending money. Half of that money (or one year of spending) is placed in money-market funds; the other half is invested in a low-cost bond fund, with high-quality short-term (meaning one-year duration) municipal bonds. Once a month, the client transfers a "paycheck" from the reserve account to his or her checking account.


The rest of the nest egg goes into the third account: a long-term investment portfolio. Here, about 70% of the money is invested in stocks and 30% in bonds -- typically divided among those with one- to three-year maturities, three to five years, and five to 10 years. When it's possible to sell stocks without significant losses, a client moves money from the investment portfolio into the cash-flow reserve to bring the balance back up to two years of spending power.


What happens if there's more than a year with significant losses in stocks? At that point, Mr. Evensky explains, the client turns to the bonds in the investment portfolio, which function as "second-tier emergency reserves." No matter how bad the markets get, bond investments are unlikely to have significant losses; thus, you could refill the cash-flow reserve by liquidating some bonds, and buy time to defer the sale of stocks in a bear market.

Using Payout Funds:

A third option is a "payout" fund, offered by large mutual-fund companies such as Fidelity Investments, Vanguard Group and Charles Schwab. These products, which automatically generate a monthly payout, are actively managed with a goal of reduced volatility, and are designed to provide you with a steady paycheck for a set time period (though some try to return at least some of your initial investment and others don't). The fees, ranging from about 0.5% to 1.9% of the portfolio's value each year, are generally cheaper than those charged for annuities. But there's no guarantee that the investments won't lose value, or that the corresponding monthly checks will stay the same size. One other hassle: If you hold such a fund in a taxable account, you have a capital gain or loss to report each month shares are sold.

For example, if you invested $100,000 in Fidelity Investments' Income Replacement 2028 Fund, the monthly payment for the first year would be $543. If the fund's returns are higher than 10%, the second year's monthly payments would rise to $580. But if the fund loses more than 10% in its first year, the monthly payments for the second year would drop to $471. Those monthly payments may or may not keep pace with inflation, and will result in the gradual liquidation of the investment by its end date.



Emphasis Added