Bullet Proof Your Retirement Plan: A Fiduciary s Guide to Oversight Financial Executives International Northeastern Wisconsin Chapter Professional Development Session January 20, 2011
Francis Investment Counsel Michael J. Francis, CIMA, JD President Senior Consultant michael.francis@francisinvco.com Kelli B. Send, CFP, M.Ed. Senior Vice President Client Services kelli.send@francisinvco.com Joseph J. Topp, CPA Vice President Investment Consulting Services joseph.topp@francisinvco.com 21180 W. Capitol Dr., Pewaukee, WI, 53072, (866) 232-6457
Consider this.... Total U.S. retirement plan assets = $15.7 trillion* ERISA breach of duty lawsuits The Next Tobacco ** ERISA allows aggrieved to pierce the corporate veil*** *As of 6/30/10 according to Investment Company Institute (ICI) ** NY Times Article, April 12, 2005 *** ERISA Sec. 409(a)
Bullet Proof Your Retirement Plan: A Fiduciary s Guide to Oversight Building an Investment Oversight Process Understanding and Managing Plan Costs Improving Participant Results
Building an Investment Oversight Process Understanding ERISA Prudent process best practices Case study
Building an Investment Oversight Process Understanding ERISA of 1974 Studebaker Jimmy Hoffa 1973-1974 stock market collapse
Building an Investment Oversight Process ERISA Creates PBGC Defines responsible parties (fiduciary) Defines fiduciary duties Creates penalty for fiduciary breach of duty
Building an Investment Oversight Process Who is a fiduciary? Named in the plan document Fee-paid investment advisor Anyone with discretionary authority over the plan or plan assets
Building an Investment Oversight Process ERISA s fiduciary duties Duty of loyalty Duty of prudence Duty to follow plan document
Building an Investment Oversight Process Fiduciary breach of duty rules Liability limited to one s responsibility Personal liability Make the plan whole for losses caused by fiduciary breach
Prudent Process Best Practices Identify plan fiduciaries & define duties (Inv. Policy Stmt.) Control costs through competitive bidding Regularly monitor results and fees Document all fiduciary decisions Comply with available safe harbor rules Be on the look out for conflicts of interest Protect fiduciaries with insurance/letter of indemnification
Case Study: Tibble v. Edison Decided July, 2010 Typical large-plan circumstances Excessive Fee case Court ruling discussed Proper delegation of duties Selection of investment advisor Duty of prudence Damages
Bottom Line Expectations are high Process is key
Bullet Proof Your Retirement Plan: A Fiduciary s Guide to Oversight Building an Investment Oversight Process Understanding and Managing Plan Costs
Understanding and Managing Plan Costs Fee litigation sparks DOL initiatives Issues for plan fiduciaries Understanding and managing your plan s cost structure Best practices plan cost management
Understanding and Managing Plan Costs Fee litigation sparks DOL initiatives
Understanding and Managing Plan Costs Issues for Plan Fiduciaries Negotiating reasonable compensation for plan service providers Equitably allocating plan costs to participants Communicating plan costs to participants
Understanding and Managing Plan Costs Negotiating reasonable compensation for plan service providers Asset-based (pro rata) fees Per participant (per capita) fees
Understanding and Managing Plan Costs Asset-based (pro rata) fees Investment management expenses Trustee fees Fiduciary advisor fees
Understanding and Managing Plan Costs Per participant (per capita) fees Recordkeeping fees Participant education fees Plan transaction (loans, QDRO, etc.) fees
Understanding and Managing Plan Costs Equitably allocating plan costs to participants Use of revenue sharing payments
Understanding and Managing Plan Costs Forms of revenue sharing payments 12(b)(1) fees Sub transfer agent / shareholder servicing fees Finders fees / sales charges / loads Trade execution (commission) payments Shelf space / conference sponsorship
Understanding and Managing Plan Costs Improper use of revenue sharing payments Forcing participants to pay more than their fair share of plan costs Only an issue if avoidable
Understanding and Managing Plan Costs Communicating plan costs to participants New DOL fee disclosure requirements Implementation 1 st Quarter 2012 Compliance is the responsibility of the plan sponsor not the recordkeeper
Understanding and Managing Plan Costs Plan related disclosures General plan information Administrative expenses Individual participant expenses Investment related disclosures Fund identification Performance & benchmark data Fees & expenses
Bottom Line Negotiate per participant recordkeeping fee Utilize lowest cost available share class of all desired investment options Return any revenue sharing to participants Communicate cost information to participants Monitor and benchmark plan costs at least annually
Understanding and Managing Plan Costs Participants need protection from unreasonable fees
Bullet Proof Your Retirement Plan: A Fiduciary s Guide to Oversight Building an Investment Oversight Process Understanding and Managing Plan Costs Improving Participant Results
Despite Years of Participant Education.... Participants still not saving enough Most are improperly invested Financial in-security rampant
Q. According to a recent study by Hewitt, what percentage of participants are on track to meet their retirement goal? a. 62% b. 18% c. 43% d. 27%
A. According to a recent study by Hewitt, what percentage of participants are on track to meet their retirement goal? a. 62% b. 18% c. 43% d. 27%
How Participants Wish to Receive Help
Two Schools of Thought on Participant Education.... Our people need help; let s give it to them. We can t risk the liability.
Pension Protection Act Clears the Way Creates Safe Harbor allowing plan sponsors to offer advice From expert source Delivered by non-conflicted advisor Periodically reviewed
How to Deliver Participant Advice Delivered online - but does this drive change?
Q. According to a study sponsored by Charles Schwab, 74% of 401(k) plans offer online advice. What percentage of participants use it? a. 32% b. 18% c. 10% d. 45% *Source: Francis Charles Investment Schwab, Counsel New Rules LLC 2010- of Engagement all rights reserved Study, 2010
A. According to a study sponsored by Charles Schwab, 74% of 401(k) plans offer online advice. What percentage of participants use it? a. 32% b. 18% c. 10% d. 45% *Source: Francis Charles Investment Schwab, Counsel New Rules LLC 2010- of Engagement all rights reserved Study, 2010
How to Deliver Participant Advice Delivered online - but does this drive change? Delivered face-to-face but by whom?
Advice Works Multiple studies have found that advice works: Number of funds held significantly increase Annual returns improve an average of 200 bps.
Another Solution... Do it for them Studies from Behavioral Finance field
Today vs. Tomorrow: Will people make the right choice? One week from now 26% 74% *Source: Alliance Bernstein, Behavioral Francis Investment Finance Counsel Research LLC Digest, 2010- all Videoconference, rights reserved 2/13/07, Shlomo Benartzi
Today vs. Tomorrow: Will people make the right choice? One week from now 26% 74% Today 30% 70% *Source: Alliance Bernstein, Behavioral Francis Investment Finance Counsel Research LLC Digest, 2010- all Videoconference, rights reserved 2/13/07, Shlomo Benartzi
Industry Solutions... Do it for them Studies from Behavioral Finance field Resulted in invention of the Auto-401(k)
Auto-401(k) Programs Auto-enrollment Auto-escalation Target retirement date funds Managed accounts
Bulletproof Education Programs: They must drive change Provides advice Includes auto-programs
Bottom Line: Best practices drive behavior change Your education/advice provider should be held accountable for results These services should more than pay for themselves Happy people are productive people
Improving Participant Results Best practices programs drive change
Bottom Line: Bullet Proof Your Plan Expectations high Process is key Participants need protection against unreasonable fees Best practices programs drive change
Your Next Steps: Use Fiduciary Checklist to evaluate your current practices Create an action plan to address shortcomings Seek expertise where needed