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Dan Solin

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401(k) Participants Need an "Arab Spring"

Posted: 05/24/11 08:18 PM ET

Let me start with the obvious (or what should be obvious, but isn't):

1. Retirement plans of all stripes should have only index funds or passively managed funds as investment options. There should be no actively managed funds (where the fund manager attempts to beat a designated benchmark).

2. Advisors to these plans should be 3(38) ERISA fiduciaries, which requires them to accept in writing 100 percent of the liability for the selection and monitoring of the investment options in the plan. This requirement eliminates all brokers and insurance companies. They accept "revenue sharing payments" from mutual funds as the cost of admission to the list of plan options. Legally, they cannot be 3(38) fiduciaries.

3. Acceptance of items 1 and 2 above is not going to happen in 99 percent of the retirement plans in this country, to the great detriment of plan participants.

The evidence that passive trumps active is so overwhelming you have to marvel at the ability of the securities industry to persuade plan administrators to ignore it. One study looked at the performance of 2,100 actively managed funds over a 31 year period. The highly credentialed authors of this independent study concluded that only 0.6 percent of the fund managers studied had genuine stock picking ability -- a number which is statistically indistinguishable from zero.

Nobel Laureates William Sharpe, Merton Miller, Daniel Kahneman, Paul Samuelson and Harry Markowitz all reached the same conclusion. So did authors of many financial books, including William Bernstein, Allan Roth, Burton Malkiel, John Bogle, David Swensen, Larry Swedroe, Mark Hebner, Jason Zweig and many others. Malkiel said it best:

It's like giving up a belief in Santa Claus. Even though you know Santa Claus doesn't exist, you kind of cling to that belief. I'm not saying that this is a scam. They generally believe they can do it. The evidence is, however, that they can't.

The explanation for why plan administrators continue to punish participants by investing in actively managed funds may be found in a 1998 PriceWaterhouseCoopers study, which concluded:

...even as better information on indexing becomes available, emotional factors may continue to constrain the growth of indexing. Many institutional fund managers feel driven to beat the market, even while recognizing the arguments in favor of indexing.

My personal experience in presenting passively managed options to CFO's and Human Resource Departments validates this conclusion. They are either unaware of this data or choose to ignore it. The cost to plan participants of their ignorance is substantial. One study found that investing in actively managed funds rather than passively managed ones costs investors $80 billion a year. It's no wonder many are predicting a "retirement tsunami" as baby boomers confront their diminished 401(k) plan balances and wonder whether they will ever be able to stop working.

The "Arab Spring" might be a lesson for 401(k) participants. They need to familiarize themselves with the data and demand a fundamental change in the way their retirement plans are being managed. It's time to stop the gravy train for mutual funds, brokers and "market beating" advisers and focus on the needs of plan participants.

I am not suggesting demonstrations in the street (yet!), but participants need to educate themselves, organize, sign petitions and insist on retirement plans consistent with sound, academically based investment practices. Leaving these decisions up to your plan administrators simply is not working.


The views set forth in this blog are the opinions of the author alone and may not represent the views of any firm or entity with whom he is affiliated. The data, information, and content on this blog are for information, education, and non-commercial purposes only. Returns from index funds do not represent the performance of any investment advisory firm. The information on this blog does not involve the rendering of personalized investment advice and is limited to the dissemination of opinions on investing. No reader should construe these opinions as an offer of advisory services. Readers who require investment advice should retain the services of a competent investment professional. The information on this blog is not an offer to buy or sell, or a solicitation of any offer to buy or sell any securities or class of securities mentioned herein. Furthermore, the information on this blog should not be construed as an offer of advisory services. Please note that the author does not recommend specific securities nor is he responsible for comments made by persons posting on this blog.


 
 
 

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07:21 PM on 05/26/2011
I agree with Mr. Solin's column 110%. However...
I don't have a solution, but pretty much cash, stocks, bonds, and mutuals are all that 401(k)s offer as investment vehicles. I seem to recall insurance company GICs - Guaranteed Investment Contracts, except that nothing about them was 'guaranteed'.
There is more to the world of investing than Wall Street. But you'd never know it from 401(k)s.
garystartswithg
el sueno de la razon produce republicans
02:19 PM on 05/25/2011
401ks for the masses was the biggest bunch of selfish the boomers ever conceived. now three generations suffer for their selfishness. i would be ashamed to say i took my retirement and went to vegas -- but people with 401ks are just that blatantly ignorant and proud of it.
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spoonbill1963
12:24 PM on 05/25/2011
Plans need to invest in gold and other real assets that have true value.
04:14 PM on 05/25/2011
Gold or real estate has no innate value.
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spoonbill1963
11:19 AM on 05/26/2011
You must be joking.
OK, just give me all the gold.
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lcr999
scientist
12:18 PM on 05/25/2011
Investors should be free to invest their 401Ks however they want. If you are too ignorant to understand the risks,....well, that is a cost of being uneducated.

There are plenty of financial minefields out there where consumers are actively scammed. Placement of retirement accounts with Mutual funds are far from the biggest problem to tackle.
12:13 PM on 05/25/2011
Dan, I would love to demand this of my 403-b plan. They offer a total of one S&P 500 index fund in their selection. To get what I have wanted, they have required me to set up a brokerage account with a separate entity to purchase index funds at $25 per trade.

I see this company's commercials on tv every night claiming they are the biggest out there. Who do I need to complain to in order to influence the biggest of the big?
10:17 AM on 05/25/2011
I completely agree! Plan participants need to take a proactive role in asking questions regarding their company's 401k plan and demand a better plan. This is becoming increasingly easier with new DOL fee transparency regulations that will show participants flat out what their company's retirement plan is costing them; and new benchmarking tools like Brightscope. When that begins to happen, I think a lot of CFOs, plan sponsors, business owners, etc. better brace themselves. I'm anticipating a flood of lawsuits and litigation the likes of which we are already beginning to see with firms such as Bechtel, Walmart, Caterpillar, and Kraft to name a few. However, plan sponsors, ie, the business owners, CFOs, CEOs, human resources, and committee members, need to educate themselves as well. "Doing nothing", isn't acceptable anymore. It's not acceptable to the plan participants, and it certainly won't be acceptable to the IRS and Department of Labor who are gearing up by hiring 17,000 new agents. Fines for excessive fees, lack of transparency and mismanagement by plan sponsors or plan fiduciaries won't go unpunished. Get an unbiased, independent, third party opinion on your plan. This is something we have long encouraged at CJM Fiscal Management and have been providing for free for the past several years. You can tell plan participants, the IRS and the DOL that you shopped the plan around, did your due diligence and made necessary changes. It's pretty painless and not very time-consuming and can protect plan sponsors from personal liability.
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humanbeing-rick
Born in the USA 1947
10:12 AM on 05/25/2011
Thank you for the advice, Mr. Solin. Most of this is way above my head, but all I know is that the 401K plan that I faithfully contributed into for decades lost about half of it's value in recent years, gobbled up by Wall Street shenanigans. If my 401K plan was passive indexed funds, how much better would I have been? How much difference does it really make when Wall Street keeps rigging the system? I will ask my 401K plan administrator about this, in the hopes that it may help others.
04:17 PM on 05/25/2011
Read this article by William Sharpe: http://www.cannonassets.co.za/files/William%20Sharpe%20on%20the%20Arithmetic%20of%20Active%20Management.pdf

It explains Mr. Solin's point in basic mathematical terms.
10:43 AM on 05/26/2011
I would suggest reading some of Mr. Solin's books on the subject of investing. One of the main features of investing is deciding how much risk you are wiling to take-usually there is a direct correlation of risk to reward over time. The more risk, the more reward. However this comes at the cost of increased volatility and fluctuation in the value of your account.

Two of the problems with actively managed mutual funds for the average investor like myself, is the difficulty in determining what sector of the market they cover and how much risk they take.

When you follow Mr. Solin's guidelines you know exactly what you have and you chose how much risk you are comfortable with.

It's simple and sensible. If you had a less risky portfolio your losses in the recent economic depression would of been much less than one that was highly risky.
10:06 AM on 05/25/2011
Why should the organization that happens to be your employer at the moment have any role in managing your retirement income? They should pay you a salary and you decide how and how much to put aside for retirement and where to put it . A company makes widgets; widgets are its area of expertise and it should concentrate on widgets - not managing employees' retirement savings. That way you could arrange to have your retirement savings as actively or passively managed as you wish.
09:32 AM on 05/25/2011
Most participants believe their personal choices will match or beat that .06% which outperforms index funds. That's how Americans think; we're all Horatio Algers. We're all potential billionaires!

Why else would republicans receive votes from the middle class? Millions continue to vote against their own economic interests because they don't want to pay taxes if and when they will be required to.

It's American Exceptionalism which is preventing 401k plans from ditching actively managed funds.
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Bienville
Make levees, not war
10:34 AM on 05/25/2011
In the 1980s, people I met actually told me that they were Republicans because they were "going to be rich someday."

I still know a few of them; they're not.
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dtlewis
Resophile
02:00 PM on 05/25/2011
I could not agree more. I see the unrealized gains as a private tax on retirement savings. Seems those most opposed to themselves paying a fair share are taking far more than their own fair share (or at least losing more of other peoples' money than ought ever to be at risk in the first place.)
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wom122
Primum non nocere
10:36 PM on 05/24/2011
Thank you for a sound advice sir.