The Pandemic and Your Pension Plan 

Why Defined Benefit Pension Plans are more valuable then Ever

As entrepreneurs, the pandemic has uniquely impacted every corner of our businesses and our lives.  It has created stress and anxiety, upheaval, loss, new business models, migration from urban centers to suburban and rural locales and in our business, has removed the need for a centralized location.  Just a few weeks back, I had six 'Zoom' calls on the same day in six different states spread out across four separate time zones.  Pre-pandemic, I could never have imagined such efficiency. 
 

While it has been a very difficult environment for many traditional business, the restrictive setting has forced innovation and creativity, and ultimately adaptation. Some business survived, some failed and some have thrived and continue to do so.  Many small business' have experienced record financial outcomes.  With these large increases in revenues, the small business owner is left to figure out how to optimize the utility of their increased revenue.  This brings interesting planning opportunities for us financial professionals and tax planners.

 

One of the biggest questions (and opportunities) right now has to do with business retirement plans, both the popular 401(k) and the fast growing pension design, the Cash Balance plan.  Business owners want to (and in some states are required to, The State of the State Retirement Plans) offer retirement plans to their employees.  It is well known that these benefit plans help incentive and retain staff and provide an excellent setting for tax advantaged saving and investing.  But the question of what the right type of plan is TODAY for these newly thriving business' can feel overwhelming.
 

There is good news.  Back in 2019, when the CARES Act passed, it removed a legacy barrier to plan formation, the December 31st deadline for calendar year plans.  Removing this has solved a major planning problem which is the delay between December 31st and when the business owner and their CPA determined their annual compensation.   The CARES Act extended the deadline to implement and fund a new plan to the employers tax filing deadline, including extensions.  For plan designers like us at Integrated Pension Services, this means we'll be helping our partner advisors, CPAs and their clients to put together 2021 retirement plans potentially until as late as September 15, 2022.  
 

Think about the planning opportunity before us.  Because we'll know the 2021 (and prior) information early in 2022, we can design customized employer contribution arrangements with perfect tax-based hindsight!  The results of these designs may still end up being a common single-plan design, like a 401(k) profit sharing plan, but offers the opportunity to explore more creative formulas and plan types.  

The most common "sophisticated" solution we're implementing are DB/DC Combo plans.  These pair a 401(k) Profit Sharing plan (with an advantaged profit sharing formula) with a second plan in the form of a Cash Balance pension plan.  These are a modern form of a defined benefit plan. When structured properly, these plans create huge tax advantaged savings opportunities. 

 We're commonly structuring plans where the business owners and "favored few" are putting away hundreds of thousands of dollars into these plans.  Over time, this can work out to several million dollars in savings and depending on their state, can save as much as 50% in income taxes.
  
While almost any business could benefit from deferral through a retirement plan, this more sophisticated DB plan, is going to be more interesting to employers who have most of these characteristics:

• Robust and, as or more important, consistently high cash flows
• A strong desire/need to minimize income taxes, even if it means increasing benefits to staff
• As a minimum "rule of thumb", a desire from the business owner to save $100k or more in tax advantaged savings annually for themselves, with an idea that these will be made every year for 7-10 years OR longer
• Understanding that these are long term investments that will not be accessible until retirement
  

If you're a business owner reading this, including financial advisors and CPAs who own their practices, and you meet the above criteria, this can be a very powerful planning tool that needs exploration.  If you're in the latter camp and would like help in this area, we're here for you.  Just reach me at Jason@integrated-pension.com OR at (978) 847-0140 Ext. 820.  

ARE YOU FEELING SECURE? SECURE 2.0, PART 2

In my previous post, I mentioned that it was the start of a three-part series discussing SECURE 2.0 highlighting some of my favorite parts.  As a reminder, this is a new piece of proposed bipartisan legislation seeking to improve retirement plans.  While there are more steps to this Act becoming a law, I feel pretty confident that this one has legs, and candidly, that's GREAT news for the retirement plan community and our clients.  I think this will get done in 2021 with implementation of many of the provisions in 2022. 

For a an amazing summary of all of the new provisions contained within the final mark-up, here's a link What's in SECURE 2.0?.

The What:

Committee Chairman Richard Neal (D-MA), along with the Committee’s ranking Republican, Rep. Kevin Brady (R-TX), first introduced the bill, Securing a Strong Retirement Act (SSRA), last October as a sequel to the 2019 SECURE Act. While that version of the bill included some 36 provisions, the new Securing a Strong Retirement Act of 2021 (H.R. 2954) now contains about 45 provisions, including new revenue offsets to pay for the bill. 

My Favorite Few Provisions continued:

These next two provisions I think work together as they're adjustments to the existing provisions.  Specifically, we're moving back the ages on certain rules allowing greater savings and potentially delaying when taxes need to be recouped which aligns with trends towards working longer and increases in life expectancy over the last several decades.

New Required Beginning Dates for RMDs: What's an RMD?  RMD's or Required Minimum Distributions are the requirements placed on retirees to codify the oldest age they can attain before they MUST start taking distributions from their tax advantaged accounts and start paying taxes.  For many years, really decades, the age was set to 70 1/2.  In the first SECURE ACT it was moved back to age 72.  In this new rule, it piggy back's on this to expand the age ultimately back to age 75.  My take is that I think it's going to be a bit confusing to implement, but I like what they're trying to do.  Essentially, what the rule says is that for those who want to delay tapping their IRAs or retirement plans for as long as possible, they'll have more time depending on what age bracket they fall in.  While I like this idea, I'm not a fan of the 'how' on this as I think it's going to cause confusion and will need care and attention paid to it instead of making it simple.  Here's how it will work.

The Phase-In: The new rules will require a phase in of the required beginning date from the calendar year in which the employee or IRA owner attains age 72 to the calendar year in which the employee or IRA owner attains age 73.  This is ONLY for individuals who attain age 72 after Dec. 31, 2021, and who attain age 73 before Jan. 1, 2029. But if you're not in that window, there's a second and third tier as follows;

The proposal changes such age from 73 to 74 for individuals who attain age 73 after Dec. 31, 2028, and who attain age 74 before Jan. 1, 2032.  With the third tier further increasing the RMD age to 75 for individuals who attain age 74 after Dec. 31, 2031. T

In short, GREAT idea, but this is going to require some attention to detail for practitioners.

Higher Catch-up Limit to Apply at Age 62, 63 and 64: What's Catch-up?  The current rule stipulates that if you a participant has attained age 50, that they can defer more than the statutory limit to their 401(k) plan (and certain other plans).  The deferral limit in 2021 is $19,500 and those over 50 can do an additional $6500 for a total of $26,000. The idea is to help aid workers in "catching up" for the earlier years in their careers where they weren't able to contribute to the maximum.  

In this new legislation it raises the amount of the catch-up contributions to $10,000 for those who have attained age 62, 63 or 64, but interestingly ONLY for those three ages and NOT for those older than 64.  This would apply to those in employer-sponsored 401(k) and 403(b) plans. Similar provisions with different amounts would apply to SIMPLE IRAs. For those aged 50-61, the provision retains the existing catch-up contribution limits. In addition, these changes would also be indexed for inflation like current limits, starting in calendar year 2023. The provision applies to tax years beginning after Dec. 31, 2022.

My take, I very much like the idea here, people are woefully behind on saving for retirement, so anything that allows more money to get put away I'm in favor of.  However, just like the RMD provision, this one is going to require someone to pay attention to ensure that the increase happens precisely in the three-year age window.  I'd like this one to be fixed to basically increase it starting at 62 and not stopping it at 64.  

On our final installment of SECURE 2.0, we're going to address two of the provisions that are categorized as Revenue Generators to help pay for this and keep it as Revenue Neutral as possible. 

- Jason Grantz, QPA, QKC, QKA, AIFA

 

FEELING SECURE? I know I am a little more with SECURE 2.0! Part 1

Greetings all!  Hopefully this new entry into the blog will be the start of a renewed interest in blogging AND, candidly in response to the overwhelmingly positive response I received from many of my clients and colleagues to "blog, blog, blog".  

For my first attempt, I thought I'd tackle the new SECURE 2.0 legislation that went to and came out of committee (House Ways & Means) this week as a multi part series. While there are more steps to this Act becoming a law, I feel pretty confident that this one has legs, and candidly, that's GREAT news for the retirement plan community and our clients.  I think this will get done in 2021 with implementation of many of the provisions in 2022. 

For a an amazing summary of all of the new provisions contained within the final mark-up, here's a link What's in SECURE 2.0?.

The What:

Committee Chairman Richard Neal (D-MA), along with the Committee’s ranking Republican, Rep. Kevin Brady (R-TX), first introduced the bill, Securing a Strong Retirement Act (SSRA), last October as a sequel to the 2019 SECURE Act. While that version of the bill included some 36 provisions, the new Securing a Strong Retirement Act of 2021 (H.R. 2954) now contains about 45 provisions, including new revenue offsets to pay for the bill. 

My Favorite Few Provisions:

As mentioned, while this has 45 provisions, I thought I'd cherry pick out a few of my favorites. These will be discussed one part at a time as part of a series of posts.

Student Loan Payments: In the original version submitted in October it contained a provision that would use the retirement plan ecosystem to encourage younger workers to pay off student loans, a novel and candidly, very good idea.  The original bill however didn't account for a potential negative impact on compliance testing (ADP test).  This new version addresses this problem, clearing the path for employers to adopt this provision effective for 2022. 

So what is this?  Simply, it's a matching program where the employer could create a formula where they would match some/all of what the employee pays off of their student loan. This allows employees with student loan debt to not have to fully choose between saving for retirement OR paying down debt, both important for their short and long term financial well being.  Personally, I love this idea.  Savings rate is by far the most important factor in a successful retirement (Quantifying the Drivers of Retirement Success), and the earlier years are the most important.  One big inhibitor to younger workers participating in plans is the skyrocketing costs of higher education that has occurred over the past few decades leaving many with a huge loan to deal with right at the beginning of their careers.  This new provision can allow many of these employees who are new to the workforce to pay down debt whilst simultaneously not missing out on the employer match and thus being able to get some money saved for retirement. 

The big question, which we'll learn the answer to soon, is whether employers will want to altruistically adopt this OR if they will take the position that participants personal finances are not 'their problem'.  Frankly, the more astute employers will grab this idea and tout it loudly because this is the exact type of benefit that breeds employee loyalty.  I'd be curious as to what others think about this.

Stay tuned for Part 2 of this Series.

- Jason Grantz, QPA, QKC, QKA, AIFA

      

 

The Fiduciary Rule: Intentions vs. Results

I was recently contacted by Christopher Carosa of FiduicaryNews.com who was looking for insights on the recently released Department of Labor (DOL) Conflict of Interest Regulations.  I found it particularly interesting that his questions regarding the rule weren’t so much mechanical in nature, meaning how it will work, but rather whether or not the rule will have the desired impact.  More specifically, he wanted to know whether it would actually prevent conflicts of interest or allow conflicts of interest to  persist. 

To see the full  dialogue as well as thoughts from other industry professionals, click here:  http://www.fiduciarynews.com/2016/05/dol-fiduciary-rules-conflict-of-interest-split-personality/

Outside of the article, Chris was also interested in how retirement savers can be more aware of potential conflicts of interest.  I identified three questions they could ask their current or potential service provider to hopefully help ensure that conflicts of interest are being properly disclosed or mitigated entirely.

1. Do you (advisor or service provider) charge fees in a level manner neutral of any investment advice or recommendations you might make?
2. Do you have any formal or informal arrangements with any investment product or product manufacturer that would create a bias in the advice you give me?
3. Will you provide a simple summary that clearly defines all fees, services and investment recommendations in a format that is easily comprehendible?

A recommended best practice would be to have the service provider respond to these questions in writing so that it’s fully documented and the service provider can be held accountable.   My firm, Unified Trust has always operated as a fiduciary and taken a no conflict-of-interest approach.  Our strong fiduciary governance process focuses on improving the results and outcomes for our participant clients. 

However, the reality is that we are very different in the industry, and there are service providers in the industry who will continue to do business in a conflicted manner.  They will need to be prepared to be up front about any potentially inappropriate conflicts-of-interest that they might have.

It may be wishful thinking, but wouldn’t it be great if the industry took a different approach to the one taken when the fee disclosure rules came out?  Instead of being opaque and doing the minimum to comply, this time make clarity a priority, be direct with clients and do more than the minimum.

Managed Accounts are More Effective

Recently, Plan Sponsor Magazine published their 2015 PLANSPONSOR Defined Contribution Survey and in it was some very interesting data regarding Managed Accounts and outcomes.  See the full survey here: PLANSPONSOR 2015 Defined Contribution Survey

After reviewing the data, one thing becomes very apparent, plans that use a Managed Account combined with an advisor acting in a fiduciary capacity have better results than plans not using these services.  The article below from planadviser magazine dives into the data a little deeper and focuses on average balances.

Managed Accounts - Plans with Managed Accounts have better outcomes

**WARNING: A little commercial below, apologies, but that stats are what they are.**

These results correlate to my personal experience.  At my firm, Unified Trust, approximately 9 out of every 10 plans we bring on board are choosing to adopt our full suite of recommendations, most of which are maternalistic.   We suggest clients utilize automatic enrollment (starting at 6%), automatic deferral escalators and the UnifiedPLan Managed Account Solution.  When looking at these plans, the results are astounding.

As of the date of this writing, we see roughly 80% of participants stay in the defaulted managed account solution.  This solution provides the participants with the answers AT enrollment to most of their questions.  When can I afford to retire? Am I on track?  What will my monthly income be?  How much of that is from the plan, social security, outside assets and other sources of income?  What should my deferral rate be in order for me to get or stay on track?

Of the participants offered this managed account, we are seeing 71% of those participants on track for a fully funded benefit.  Most industry studies we've reviewed has the industry average at about 25% (lowest I've seen is 15%, highest is 40%).  The system of defaulting participants into a solution that delivers AND implements all of the answers is proven here to be nearly 3 times more effective than traditional methods in delivering the outcome that matters most, retirement readiness.

Whether it is outside studies like PLANSPONSOR's survey, or our first hand experience, I think the results speak for themselves.  The more that we as professionals take on ourselves and do for our clients, the better the results.

-Jason Grantz

Generation Lost: Millenials and how to best serve them regarding Retirement

 A colleague of mine, Lee Topley, forwarded this to me with some interesting thoughts.  I felt it good a good idea to share those here.  Full Disclosure: this post references a service my firm, Unified Trust provides called The UnifiedPlan (UP), a managed account service engineered specifically for 401(k) plans.

A client of ours recently inquired with us about how to communicate to Millennials.  See this linked white paper that was done by BNY Mellon on this group.  Generation Lost: Millennials and Finance Several of their key findings are below, and some thoughts on how we can impact 3 of the 4 summary findings.

Findings:

1. Millennials have little understanding of just how big a task they face in providing for their retirement.  This lack of knowledge is not due to a lack of interest.  Rather they feel they have not been told the reality of their situation.  The UP tells them exactly where they are (they don’t have to ask, we automatically give it to them)…they are in the Green (on track) or in the Red (underfunded)…and how much they have to save to become green if they are red.  Plus, the UP provides all types of flexibility to customize their solution if they want to re-model different scenarios.
2. Most Millennials want financial services providers to be brutally honest with them about the bleak future they will face if they do nothing to build an adequate retirement income.  They want financial service providers to use more shocking messaging and to speak to them in language they understand.  The above response…Red versus Green is pretty frank on a participant's statement.  In addition if we use pointed communications focusing on the impact of greater savings, this would be the direct style that millennials are looking for. 
3. Social Finance has a very strong appeal to Millennials, yet they do not feel that adequate impact oriented investment are accessible.  This is the one area that we aren't totally in sync on.  I wonder about this part of their concern.  Socially Responsible funds could be added, but due to prudence, would not be part of the glide paths.  So we could help here, but will this really help them achieve an adequate benefit at retirement or just make them feel better about how their money is invested?  This is the one finding that I think the UP doesn’t automatically cover. 
4. Millennials feel today’s financial services products are not tailored to their needs.  They want new products to dovetail with the paths their lives are likely to take, not those of their parents.  Later in this paper the findings relate to the ability to access the money for buying a house, an illness, etc., so they may not be completely understanding the tax deferred aspect of their 401(k) money.  However, the plan can be set-up so they have access if the sponsor chooses to do so.

 Shortly after the summary on page 1 it states:

“These findings paint a picture of a generation that is ignorant of financial matters because it is being ignored. It is a generation that wants financial services providers to tell the truth”  A named Plan Fiduciary is bound by law to tell the truth and to always have their best interest as the #1 goal.

I found this dialogue interesting, and maybe gives the reader a little look under the hood at what professional fiduciaries are thinking about when discussing internally how to best serve clients.  

- Jason Grantz

What's a Plan to Do?

“Some sponsors are just starting to think about outcomes, since in the past they thought they needed a retirement plan because that’s part of what it takes to attract employees.  But they had never thought about, ‘Is the plan supposed to do something? And if it is supposed to do something, what is it supposed to do,” said Dr. Gregory Kasten founder and CEO of Unified Trust.

Dr. Kasten was among a few select experts in the field interviewed for the article Retirement Ready-or Not, recently published by NAPA.net.  The article stressed the critical role an advisor plays in helping plan sponsors answer the question, ‘what is a retirement plan supposed to do”? While that question seems simplistic in nature, surprisingly very few sponsors ever think about the true purpose or goal of their retirement plan as it relates to their employees success. Many in the industry measure success in terms of tracking participation and deferral rates, monitoring investment performance, and benchmarking fees all of which are important, but none of which independently provide a complete guide as to whether or not participants are succeeding. At Unified Trust, we believe that success is an employee being able to adequately replace their paycheck when they retire.

We also believe that success doesn’t happen by chance. That’s why Unified Trust developed the ‘benefit policy statement’ which is considered a sister document to the ‘investment policy statement.’  “If you want to manage outcomes, you are going to have to measure outcomes – and go a step further and define the outcomes you want,” said Kasten.

In these times of fee compression where it’s ever so critical to show added value, by helping a plan sponsor deliver improved outcomes for their participants, advisors can differentiate themselves in the marketplace.  As we move into the future, how successful—or unsuccessful— a retirement plan is in delivering retirement security may become a factor in determining whether or not a plan sponsor and other plan fiduciaries are meeting their fiduciary responsibilities.  Having a plan that doesn’t measure up to changing industry standards could leave the fiduciaries open to potential litigation.

 
- Jason

Mailbag: Q&A with The 401(k) Study Group

The 401(k) Study Group has created a new segment with their Blogtalk radio podcast called 'Mailbag' which is an 'Ask the Expert' style radio interview.  I was fortunate enough to be tapped by Chuck Hammond to be their first "Expert" tapped to answer questions.  Below is the link.  Enjoy!

Ask the Expert' with Chuck Hammond

- Jason

Curbing Enthusiasm for 401(k) Plan Loans

Here are some friendly tips for employers when considering the loan provisions available in the 401(k) Plan they offer to their employees.  Enjoy!

 

SITUATION:

We allow our employees to borrow against their 401(k) plan account balances. We understand that the ability to take out a loan can reassure employees that they have access to their account assets if they need them and can increase plan participation and contribution rates. However, we have to spend time and money administering the loans. And we’re concerned our employees may be hurting their chances for a comfortable retirement by borrowing too much and too often.

 

QUESTION:

Other than not offering loans, what can we do to discourage employees from taking unnecessary plan loans?

 

ANSWER:

You can take a number of actions to limit plan loans, including educating employees about the pitfalls of plan loans and placing restrictions on loans.

 

DISCUSSION:

Eliminating plan loans entirely might hurt plan participation.  Instead, to discourage employees from taking plan loans they may not really need, provide information about both the advantages

and disadvantages of borrowing from a 401(k) plan account. While employees may already know about the ease and convenience of plan loans, they might not be aware that:

 

• Loan repayments are made with after-tax money.

• Taxes will be paid again when the money is distributed from the plan.

• It can be difficult to continue to save for retirement and pay back a loan.

• If they leave employment, loans generally must be repaid at that time.

• If a loan isn’t repaid, the outstanding balance would be treated as a taxable withdrawal subject to both income tax and a possible 10% early withdrawal penalty.

Before processing a loan request, provide employees with a summary of the potential disadvantages of a plan loan.  Other actions you can take to discourage excessive loans include:

 

• Limiting the number of outstanding loans an employee can have at one time.

• Limiting the number of loans an employee can take in a 12-month period.

• Restricting borrowing to only money that the employee has contributed.

• Increasing the loan origination fee.

To potentially reduce the number of loan defaults, arrange for repayment to be made through payroll deductions or automatic checking account deductions.