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Dan Solin

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The Big Flaw in 401(k) Reform

Posted: 12/20/11 07:06 PM ET

Here is the harsh reality: 401(k) plans are a false crutch for employees. They simply don't work, if you define "work" as providing funds that will permit retirement with dignity -- if at all. According to Fidelity Investments, average balances in 401(k) plans as of March 31, 2011 were $74,900. Those 55 and older had saved $233,800 on average. Given increased life expectancy, it is understandable that another study found that 61 percent of those surveyed said they were more scared of outliving their assets than they were of dying.

Things are not so grim for those who "service" the burgeoning 401(k) industry. These fees abound. It would take an actuary to figure them out. They include plan administration fees, investment fees and individual service fees. The big kahuna are the investment services fees which can include sales charges (also known as loads and or commissions) and management fees. The U.S. Department of Labor summarized these fees here.

There has been a lot of focus on fees. Studies have shown that plans with lower fees typically have higher average account balances. The Department of Labor has issued a new rule to improve the transparency of fees and expenses to employees in 401(k) plans. This rule (Labor Regulation 408(b)2) goes into effect April 12, 2012 and requires plan providers to disclose all fees to employers. Employers will be required to demonstrate they have a process in place to evaluate these fees and disclose them to employees.

While this is a good start, it will do little to increase average balances in 401(k) plans. The typical plan offers a mish-mash consisting primarily of actively managed mutual funds (where the fund manager attempts to beat a designated benchmark, like the S& P 500 index) with a few index funds and target date retirement funds tossed into the mix. Employees are left to put together a suitable risk adjusted portfolio. Many have no idea how to do so.

Here's what real reform would look like:

  • Every plan should be required to have a minimum of five risk adjusted, globally diversified portfolios (ranging from conservative to aggressive), consisting solely of low management fee stock and bond index funds. Employees would take a short risk capacity survey and select the portfolio suitable for them;
  • Investment advisers to 401(k) plans should be required to state in writing that they are "3(38) ERISA investment fiduciaries", which means they can have no conflicts of interest. They would accept 100% of the liability for the selection and monitoring of the investment options in the plan. These advisers would be required to provide investment advice to all participants to be sure they have chosen a portfolio suitable for their investment objectives and capacity for risk.

These simple reforms would radically improve the expected returns of plan participants.

The underlying fallacy in current efforts at 401(k) plan reform is that employees are capable of making intelligent investment choices when presented with a dizzying array of mostly poor investment options. I recently spent time with a group of nurse anesthetists whose plan we advise. It never occurred to me to ask them to give me ten needles and five choices of anesthesia (some good and some dangerous) and let me handle their next patient.

Why do we assume employees can be skilled investment advisers? We need reform that makes the process of making investment selections in 401(k) plans foolproof. Current reform just doesn't cut it.


Dan Solin is a senior vice president of Index Funds Advisors. He is the New York Times bestselling author of The Smartest Investment Book You'll Ever Read, The Smartest 401(k) Book You'll Ever Read, The Smartest Retirement Book You'll Ever Read and The Smartest Portfolio You'll Ever Own. His new book, The Smartest Money Book You'll Ever Read, will be available December 27, 2011.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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06:37 AM on 12/25/2011
Investment advisers to 401(k) plans should be required to state in writing that they are "3(38) ERISA investment fiduciaries", which means they can have no conflicts of interest.

Dan: Which conflicts are prohibited here that are permitted when the advisor is just an advisor? Herb
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mydangself
I can clearly not choose the wine in front of me
11:42 AM on 12/23/2011
The real problem is that 401(k) was never meant to be a primary retirement vehicle for the average person. It was intended as a minor tax shelter for wealthy investors, and has become little more than a cash cow for investment brokers and a way to artificially inflate the value of current holdings for those same investment houses.
06:16 PM on 12/22/2011
Part of the problem with 401ks is when it comes time to withdraw the money during retirement. They say wait until you retire and you will pay less taxes, but by the time you retire and draw Social Security benefits, then withdraw from your 401k, you are usually in a higher bracket anyway. You also do not know what the tax rate will be down the road, either.

And how much will the dollar be worth decades later?
12:36 PM on 12/22/2011
I sit on our company's 401k oversight committee. The author is correct. We have put in place most of what he suggests. It has helped. However, the biggest issue is getting our employees to put funds into their 401k's. We have a fairly large group of employees who don't even put in an amount equal to what the company matches. We conduct regular investment information meetings to educate them. We pay our investment mgmt company to provide one on one counseling. And, yet so many employees simply don't save. the biggest issue we face is getting people to reduce current spending and to develop a habit of saving. If we can't figure this out, the rest doesn't matter.
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jcaunter
Profile: schizoid, INTJ
05:21 PM on 12/22/2011
In an environment where the monetary system is in a constant state of near-collapse, I'd be wary of "investing" any of my pay in untouchable, locked-up financial assets too. Now if you were offering physical silver/gold bullion for your 401ks, I'd load up on that!
10:13 AM on 12/22/2011
I own a small (30 employee) firm that is over 20 years old. We recently moved our company 401k to Index Fund Advisors for precisely the reasons that Dan Solin mentions in this column - lower fees, risk-adjusted Index portfolios to choose from, better returns and less feeling ripped-off. When we became big enough & able to afford a 401k program, I went with the recommendation of a former employee and signed on with Principal Financial. We stuck with them for more than a decade and they made much more off our money than we ever did. Moving everything over to Index Fund Advisors was a big pain for our bookkeeper but absolutely the right thing to do for all of us in the long term.
09:59 AM on 12/22/2011
Wall Street may think they will get rich off of foreign companies and the global economy. If they will, we should buy stocks.

The problem is the ruling class in this country which includes, Wall Street, our elected government and the multimillion dollar news talk show hosts on TV don't have a clue.

While the 99% were working, the ruling class set this country up to take care of the 1%, including themselves. They now want to destroy what the rest of us have left which is unemployment benefits, Medicare, Medicare, Social Security and public schools.

They have been such bullies and so obnoxious overseas that if the people of other countries buy they will not want to buy from this country.

Our elected government says they are working for democracy overseas, but it is not real democracy. We don't even have real democracy here anymore.
08:53 AM on 12/22/2011
There is still a big flaw in 401k's if you do not make mandatory in every plan a fixed income account option, whereby the employees' savings would not be in any way subjected to the sticky and reckless fingers of the Wall Street gamblers. It could be treasury direct or bank cd's.

My employer forced us into a Merrell Lynch 401k plan in which the funds were dead in the water, and
in which the monthly statements showed only previous total, new contribution, and "result". It was a sorry excuse for a "retirement plan" .
10:01 AM on 12/22/2011
Our IRA has a money market account but it is in danger because the money market account is not insured.
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shiny73
Peace, love, and baseball.
04:08 PM on 12/22/2011
What do you mean by "insured"? Most investments at stock brokerage companies are covered by SIPC, which is similar to FDIC.

http://www.sipc.org/pdf/HSPY_English_2011.pdf
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shiny73
Peace, love, and baseball.
03:55 PM on 12/22/2011
What you're describing in your first paragraph is a pension.
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PhilBoston
08:45 AM on 12/22/2011
Also, missed in all of this discussion of investment options and the like is the fact that there are two phases to the investment cycle. There's the accumulation phase during employment and the spend down phase in retirement. An even greater problem is dealing with the former. These plans and IRAs are not designed to offer a secure pensin type annuity spend down. This is all a diaster happening right in front of us. Imagine if you will adding Medicare to this brave new world of here is your account, you're on your own.
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PhilBoston
08:39 AM on 12/22/2011
Not to get too political here. But, 401(k) was never meant to be the sole "retirement plan" option for an employee. In fact, it didn't explicitly cover salary deferral at all when enacted. Technically, it isn't even considered a pension or retirement plan, but rather a "deferred compensation" plan based on profit sharing.
What happened?
Companies decided to ditch their real pension plans. This happened in phases. Phase 1 the 80's and 90's brought huge stock market gains, so companies ditched them to get at excess assets. Phase 2, the last 15 years, companies ditched them because they had underfunded them and the lousy market coupled with low interest rates made them too risky.
In both phases, companies substituted 401(k) plans and gave them misleading names that included "pension" or "retirement". In phase 1, employees were eager to get the stock gains. Everyone was a genius. In phase 2, the employees had no choice.
Where did all that pension plan funding go? Right to the top in executive compensation. I know I was a pension consultant to Fortune 500 companies during that entire period and watched it all spool out.
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cyclone70
When one facepalm isn't enough
10:55 AM on 12/22/2011
yes exactly - it was never intended to be the solke soruce for retirement but a supplemental deal to traditional plans
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PhilBoston
01:05 PM on 12/22/2011
yup..all part of the shift in wealth to the top.. a tool misused
07:44 PM on 12/21/2011
The problem I see is that we don't let people invest in a wider range of options. I would like to invest in business in my local community or in property. Letting people put their 2012 401K money in property would get the housing market going again, but I guess wall street wouldn't like losing the monopoly.
09:03 PM on 12/21/2011
You can invest in a business or property as long as it's not your own business or property.
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Soulsurfer
Solar Electrician,Longtime Surfin'Fool
06:02 PM on 12/21/2011
That last sentence says it all. The fact is the industry KNOWS we can't all be financially savvy, and they count on it. Certainly there's a percentage of investment counselors who are honest and have their client's best interest at heart, but 401K funds are rife with managers and administrators who scrape off as much of the cream as possible while the sheeple just keep sending money every paycheck. Pensions were a lot more stable, and that's what most people want; just a good stable retirement fund that earns decent interest compounded over the 30 years they contribute. Is that too much to ask?
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shamanbart
05:29 PM on 12/21/2011
I'd like to know why if I borrow money from my 401k and pay interest on the borrowed amount, why I don't realize the interest in my 401k balance. After all, I'm borrowing my own money -- I at least should be able to make the 3.5 % interest off of it.
05:51 PM on 12/21/2011
99% of 401k plans credit interest paid towards the borrower's account balance, Since you are not receiving the interest, you need to speak to the person handling your retirement plan. It could be that your 401k assets are pooled and not individually directed, though, this is now very rare in the industry.
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OCerInTN
Hoplophobics worst nightmare.
10:30 PM on 12/21/2011
Borrowing from a 401k is worse than borrowing from a loan shark.
02:51 PM on 12/21/2011
Wall Street and bankers throw their weight around too much, now. Think how bad it will get if our only retirement income depends on the stock market. Trying to shove us into the market is one of the big reasons we less than 1/4 of 1 percent interest on savings.
05:52 PM on 12/21/2011
Then transfer your money into a money market account. No one is forcing you into equities. This is another example of blaming someone else for your own mistake.
06:29 PM on 12/21/2011
bs! It is in a way. People want to beat inflation and can't do it . I get .34 or about 1/3 of one percent in my bank money market.
The money market that I have in my IRA is not insured and I pay more than I get.
06:40 PM on 12/21/2011
You need to think before you speak or try to act superior.

I said they keep interest low so people will put their money into the stock market.

Another reason is to starve Social Security of interest on their 3 trillion in savings.
02:34 PM on 12/21/2011
I have done better with a couple of stocks I bought years ago.

I have not had good luck investing in my IRA. I pay too much attention to what the financial gurus say on TV and online. I panic and sell too soon, too.

I decided to pay for a professional's mutual fund and lost money and it still lost money after I sold it.

For myself, I need to learn to trust my own insight. There have been several groups I would have bought into if I had more faith in myself.
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OCerInTN
Hoplophobics worst nightmare.
10:37 PM on 12/21/2011
With stocks, unless you are a financial wiz, buy and leave them alone for 5 years or more. Be that individual stocks or stock mutual funds.

The constant buying and selling based on fear (buying hot items, selling them when they turn sour) is the cause of the losses.
09:30 AM on 12/22/2011
I know I should do that. I decided to put the money in for 5 years and not touch it. Then the market headed down. I stood it for a few days, then one morning I thought of how dad lost all of his savings in the market during the depression era. I cash in at a loss.
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cyclone70
When one facepalm isn't enough
11:05 AM on 12/22/2011
I had an IRA for a while - at first it was doing great. then it levelled off then it starting losing big

I took and rolled it into my work 401k before the was nothing left
12:45 PM on 12/21/2011
"Why do we assume employees can be skilled investment advisers? We need reform that makes the process of making investment selections in 401(k) plans foolproof."

The only "foolproof" investment is one made up only of US government debt, every other one has risk. If you put the risk of being sued on the firm they will offer only one choice.
05:47 PM on 12/21/2011
"The only "foolproof­" investment is one made up only of US government debt"

The price of US Treasury notes and bonds goes up and down every day. And given that we consume imported goods there is nothing "foolproof" about such investment. As I stated below, you missed Markowitz a few decades ago. Prudent investor standards have modernized. Some people remain in the dark ages.
11:02 AM on 12/22/2011
Okay, so your definition of "foolproof" includes credit risk, which will be mitigated via diversification. That is fine as long as the diversification is real across all dimensions (geographic, industry, product, etc...) and the volatility of the impacts is accurately reflected by a normal curve (no fat tails). I would argue that no products exist that meet those two simple assumptions in Markowitz. Assuming away problems to your world view does not mean they don't exist.

I did not say there is no risk in the price of US Treasury notes and bonds, I said they were "foolproof". If a fool puts dollars into them they get dollars out at maturity. The risk component you worry about, inflation, should be priced into the yield at origination. And since I know very few people who convert their dollars to another currency to buy those imported goods they consume, I think the issue is in reality the quality of life we expect to be able to buy for that invested dollar.
06:41 PM on 12/21/2011
We had choices in our 401k. The choice was between bad and badder or worse and worser.
11:02 AM on 12/22/2011
You did not have the choice of a US government bond fund?