Ready, Set, Retire: How Plan Sponsors and HR Can Facilitate Retirement Readiness Alan Spierer, UBS Institutional Consulting Group Carol Buckmann, Osler, Hoskin & Harcourt LLP
Ready, Set, Retire: How Plan Sponsors and HR Can Facilitate Retirement ReadinessAlan Spierer, UBS Institutional Consulting GroupCarol Buckmann, Osler, Hoskin & Harcourt LLP
A generation lostOver 32 million late bloomers may never be able to retire, a population the size of that in the state of California.
Boomers• Working longer and working in retirement likely• Younger boomers more anxious• A projected 32 million will not be ready for retirement1
In 2011,41 million workers
were retirement age
This will increase to72 million by 2020
1 All sources below:http://www.plansponsor.com/Downturn_Remakes_Americans_Retirement_Expectations.aspx http://www.fidelity.com/inside-fidelity/employer-services/fidelity-investments-study-finds-shift-in-generation-y-attitudes http://www.lifeinsuranceselling.com/Issues/2010/October-2010/Pages/MDRT-study-sheds-light-on-connecting-with-Generation-X.aspx?page=1 http://www.plansponsor.com/Younger_Boomers_Worry_More_about_Retirement_than_Older_Boomers.aspx http://www.metlife.com/assets/cao/mmi/publications/studies/2010/mmi-early-boomers.pdf
National NewsGood news?
The average 401(k) account balance increased a compound annual average growth rate of 5.4% over the 2007 – 2011 period, to $94,482 at year-end 2011.
October 2013 – No. 391401(k) Participants in the Wake of the Financial Crisis: Changes inAccount Balances, 2007 – 2011 By Jack VanDerhei, EBRI; Sarah Holden, ICI; Luis Alonso, EBRI; and Steven Bass, ICI
Bad news?
23rd 2013 Retirement Confidence Survey:Number of workers confident of having enough money for a comfortable retirement still at 2011 record lows.
March 2013 – No. 384Ruth Helman, Nevin Adams, Craig Copeland, and Jack VanDerhei, “2013 Retirement Confidence Survey: Perceived Savings Needs Outpace Reality for Many,” EBRI Issue Brief,
Retirement will be delayedPercentage of population by age group planning to delay retirementdue to the 2008 financial crisis*
Age 25 – 34 Age 35 – 44 Age 45 – 54 Age 55 – 64
11% 23% 42% 44%
*Source: The Conference Board Consumer Confidence Survey (March 2010).
2013 Mercer Workplace Survey
Saving enough for retirement Keeping up with monthly expenses Retirement healthcare expenses
What’s causing sleepless nights?
Do I save for
healthcare costs today
?
Do I save for
retirement for
tomorrow?
As health savings accounts become more prevalent, there will be competition for savings in the 401(k)
Coping with Medical Expenses Traditional retiree medical programs are being
terminated, but consider the following:
Health Savings Accounts can accumulate income for future medical expenses.
The Affordable Care Act now makes coverage that was previously unavailable or unaffordable available to early retirees
But note Medicare as secondary payer rules
8
Use HSAs to Boost Retirement Savings
9
Triple tax free accounts are available until you enroll in Medicare
Must be used with high deductible health plans-annual deductible limit of at least $1250 for individuals and $2500 for families in 2014
Unlike an FSA health reimbursement account, amounts not used for qualifying medical expenses can be carried over to future years
Employees can make 2014 pre-tax contributions of $4300 (individual) or $7350 (family) if over 55
Employers may also contribute No tax if amounts are withdrawn to pay qualified
medical expenses No 20% penalty if used for non-qualifying
purposes once you are 65
Bad news?
“And we’ll never retire. We can’t. The mortgage is underwater. We’re in debt up to the Rogaine for the kids college education. And it serves us right—we’re the generation who insisted that a passion for living should replace working for one.”
The Baby Boom: How it got that way…And it wasn’t my fault… and I’ll never do it again—P.J. O’Rourke, WSJ December 1, 2013
Plan sponsors
2011 press release
MetLife whitepaper finds that employee financial wellness is a growing global concern for employers
Key findings
Financial difficulties can have a negative effect on worker productivity
Carried out correctly, financial education can have a beneficial effect on employee wellness
Consumers are generally poorly prepared to make good investment choices
Employee financial distress and work outcomes
DecreasedProductivityHealth qualityJob satisfactionPay satisfaction
Increased
Absenteeism
Work time spent on personal financial matters
Healthcare costs
Turnover
&
References noted can be found on PFEEF website at www.personalfinancefoundation.org
Fidelity plan sponsor attitude survey results—2013
Retirement Readiness: Impact of an aging workforce Health premiums for seniors can be up to 5x higher than for younger workers1
Workers in their 60s are twice as likely as workers under 40 to miss work due to a disability claim2
40% of the labor force is over age 50
1 America’s Health Insurance Plans (AHIP.org), January 20132 Cornell University, Employment and Disability Institute, Absence and Disability Management Practices for an Aging Workforce, 2012 data3 U.S. Census Bureau, 2010 Census
Workman’s compensation claims are longer with higher costs as workers age1
AGE OF CLAIMANT AVERAGE DURATION OF CLAIM AVERAGE COST OF BENEFIT PAYMENTS
AGES 45 – 64
66 DAYS $3,485
AGES 20 – 34
53 DAYS $2,227
1 NCCI Holdings—Workers compensation and an Aging Workforce, 2012 based on claims closed within 24 months
Workman’s compensation claims are longer with higher costs as workers age1
AGE OF CLAIMANT AVERAGE COST OF MEDICAL PAYMENTS
AGES 45 – 64
$7,649
AGES 20 – 34
$5,073
1 NCCI Holdings—Workers compensation and an Aging Workforce, 2012 based on claims closed within 24 months
Employer insurance premiums increase drastically with age
Source: CIGNA (healthcare premium), www.lanl.gov (Voluntary LTD rates); AHIP (national average – available at http://www.google.com/url?sa=t&rct=j&q=ahip%20assurant%20national%20std%20and%20ltd%20average%20cost&source=web&cd=1&ved=0CDQQFjAA&url=http%3A%2F%2Fwww.ahip.org%2FIssues%2FDocuments%2F2007%2FAn-Employer%25E2%2580%2599s-Guide-to-Disability-Income-Insurance.aspx&ei=a3HTUNilMavV0gG7hIHoBA&usg=AFQjCNECKp6m-zsa5Xi4GU6pbS58eU9VXg&bvm=bv.1355534169,d.dmQ ); CIGNA, www.lanl.gov, MassMutual Analysis; CIGNA, www.lanl.gov, Social Security Administration, Department of Treasury, MassMutual Analysis
Note: Assumes 50% male, 50% female
20 – 30 60+
Annual employerdisability incomepremiums
Annual employerhealthcare premiums
20 – 30 year old 60+ year old
$532
$32
$2,500
$9,000
Employer insurance premiums and other shorterm cost considerations from financially stressed workers increase drastically with ageDr. E. Thomas Garman
Note: HR Management Issue 7—”Financial Distress for Employees Means Lower Profits for Employers.”
Source: http://www.pfeef.org/press/press-releases/Employers-Waste-Money.html
Productivity
Lawsuits
Increased
healthcare
costs
Bad financialdecisions
Total cost of $2,024 a year for each financially distressed employee
Fidelity plan sponsor attitude survey results—2013
What matters most to today’s plan sponsor Includes responses from 937 plan sponsors who use a wide variety
of record keepers—not just Fidelity Responses from plans with 25 to 10,000 participants Focused on plan sponsors using a financial advisor Respondents managing organization’s 401(k) plan
It is important to understand plan sponsors and what kind of plan they want
Bas
icp
rote
ctio
n Healthp
lan
Basic tools
Retirement readiness
Participant
Sponsor strategy
Participant as priority Plan as differentiator
Plan basics Fiduciary as priority
Service plan sponsors look for
Top 3-ranked advisor services
75% 49% 32%
Providing performance information on investment options and guidance on potential changes1
Providing employee education on investment selection
Analyzing participation rates, deferral rates, investment allocations, and strategies for improving plan performance
Plans with 25 to 2,500 participants1 Investment professionals should consult with their firm's legal and/or compliance professionals before recommending investment option changes to a plan or plan participant, as certain restrictions may apply.
Relationships are important
How plan sponsors initially found their advisor:
36% 31% 28%
Referral from a related company
Existing relationship with survey respondent
Existing relationship with an executive of the company
Totals may not add up to 100% due to multiple answer options. Across all plan sizes.
Followed by
18% 12%
Professional relationship Marketing or advertising
The sea of sameness
Margin pressureFee transparency
Flight to quality
Busy decision making
I solve problems and can
SHOW you proof I like golf
I can find you a cheaper plan
I’m a 3(21) fiduciary
I’m a 3(38) fiduciary
I pick investments
Retirement Advisor Council studyfinding October 2013
Retirement Advisor Council study finding October 2013
Participants of nearly all clients of Advisors who work exclusively with retirement plan advisors receive an indicator of retirement readiness.
1
Retirement Advisor Council study finding October 2013
Retirement readiness; reports bring about change: 88% of all plans advised by retirement plan advisors have received a plan level report of retirement readiness, the majority of which have taken action to enhance outcomes.
2
Retirement Advisor Council study finding October 2013
Four plans in five that partner with Advisors who work exclusively with retirement plans experience a deferral rate increase fewer than half of plans with no advisors have experienced a deferral increase.
3
Retirement Advisor Council study finding October 2013
Retirement Readiness: More than three in four clients of retirement plan advisors say more participants are on track to achieve a successful retirement.
4
Retirement Advisor Council study finding October 2013
Outcomes: Deferral increases—among the 80% of clients of professional retirement plan advisors who have experienced a participant deferral rate increase in the last two years, one third have enjoyed an increase of at least 6%.
5
Investment Education Safe Harbor
31
To address concerns about fiduciary liability, the DOL issued a safe harbor for:
1. plan and investment information, including required information under 404(c)
2. general financial and investment information3. asset allocation models for hypothetical
individuals based on generally accepted investment theories
4. interactive investment materials such as questionnaires or worksheets
Investment Education Safe Harbor
32
So long as specific investments are not recommended to as appropriate for individual participants—
1. Educator and plan sponsor are not fiduciaries under Section 3(21)(A) of ERISA (not giving “investment advice”)
2. The SEC says that the Investment Advisers’ Act of 1940 does not apply.
Note that supervising fiduciaries have a duty to prudently select and monitor the educators
TIP: Sit in on sessions and monitor what they are saying
TIP: SEC and DOL are concerned about recommending affiliated IRAs
Investment Advice Pension Protection Act Exemption
33
Individual Investment advice may be given to participants by a fiduciary adviser under 2 permissible scenarios:
1. Level Fee Arrangementa)Advice is based on generally accepted investment
theories and takes fees into accountb)The fiduciary adviser does not receive direct or
indirect compensation that varies depending on the investments selected by the participant (does not apply to affiliates)
Pension Protection Act Exemption
34
2. Computer Modelsa)Use appropriate objective criteria to provide asset
allocation portfolios composed of investment options available under the plan
b)Can request participant information on risk tolerance, other assets and sources of income, etc.
c)May not favor affiliated investments d)Must have written certificate from an eligible
investment expert that it satisfies applicable requirements before used
• Expert is not fiduciary
Other Conditions of Exemption
35
If either method is used:1. An independent plan fiduciary must
authorize the arrangement2. An annual audit by an independent auditor is
required3. Participants must be given required
disclosures
Plan fiduciaries retain responsibility for prudent selection and retention of adviser
Note that pre-PPA guidance from the DOL is not superseded by the exemption. See Advisory Opinions 97-15A, 2005-10A and 2001-09A
What’s next?Employer investment in quality workplace financial programs rescues employees “and” employers
Employee benefitsDecreases in personal financial distressIncreases in personal financial wellness
Employer benefits
Decreases in costs
Increases in profits
The retirement plan as a financial wellness plan
Physical wellnessHealth insuranceHealth wellness program
Financial wellness in retirement
Social Security
Defined contribution balance
Final QLAC Regulations Permit New Payment Forms-Should You Add Them to your Plan?
38
The IRS has finalized regulations permitting on a limited basis the purchase of life annuities outside the minimum distribution rules generally requiring distributions to begin at age 70 ½
QLACs can begin at any time up to age 85 QLACs may be purchased with only a portion of
the account-limited to lesser of $125,000 or 25% of account balance
The contract or certificate must state that the annuity is intended to be a QLAC
Return of premium feature permitted $100,000 applied at age 70 to purchase an annuity
beginning at age 85 will provide $26,000 to $42,000 in annual income
Special J&S rules
Restrictions
39
Not available for defined benefit plans or ROTH IRAs
Defined benefit plan that pays lump sums could permit rollover into defined contribution plan or IRA to purchase a QLAC
Even if ROTH IRA contract satisfies QLAC requirements, may not be treated as a QLAC
Can’t have cash surrender value or similar features Variable or equity-indexed annuities not permitted Payments can begin no earlier than age 70 ½ or
the calendar year in which employee retires
Open Issues and Concerns
Fiduciary responsibilities and obligation to investigate financial condition of insurer
Concern about future changes in insurer’s financial condition, but note existence of state guaranty funds
Existing DOL authority as starting point re: fulfilling fiduciary responsibility
Portability Need for plan amendments Plan complexity Plan communications Reluctance of plans not serviced by insurance
companies to add annuities Uncertain market, although non-pension longevity
annuity sales are increasing in an otherwise flat annuity market
Recommendations
1. Select a high quality financial advisor2. Benchmark plan fees as 1st step in fiduciary best practices3. Benchmark employee financial wellness with the help of quality vendors
Employer action through plan design
Service plan sponsors look for
Employee action
Hello every one!
Legislative and Regulatory Proposals
43
Automatic IRAs MyRAs Limit on DOL’s ability to define “fiduciary”. Lower caps on plan contributions
Incentive to maximize now.
New Obama budget proposal to exempt retirement accounts that do not exceed $100,000 in the aggregate from RMD rules.
Pending Regulatory Action DOL proposals to show participants the annuity
value of account balances
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