DOL proposes rule to reduce leakage in 401(k) plans

DOL proposes rule to reduce leakage in 401(k) plans
Proposal promotes 'auto-portability' as a way to reconnect plan participants with retirement savings they've left behind.
NOV 08, 2018

The Department of Labor proposed a rule late Wednesday that's meant to stanch the flow of money out of 401(k) plans, an issue that has long troubled retirement policymakers. The Labor Department's proposal promotes the idea of "auto-portability," a mechanism that automatically reconnects plan participants with 401(k) savings they may have inadvertently left behind or forgotten about after leaving a prior employer. Current rules allow companies to jettison the small 401(k) account balances of former employees. These cash-outs by employers, as well as voluntary cash-outs initiated by employees, represent a major source of "leakage" from 401(k) plans. Policymakers say leakage reduces individuals' overall retirement wealth, an effect that's compounded by the frequency with which employees change jobs and by automatic enrollment, which creates a greater number of small plan balances. The Government Accountability Office found that 25 million participants in workplace plans separated from an employer and left at least one account behind in the decade from 2005 to 2015, according to an October 2017 report. Millions left two or more accounts behind, the GAO found. The Center for Retirement Research at Boston College found that 401(k) plan leakage causes a 25% reduction in aggregate retirement wealth, according to a 2015 analysis. The study looked at cash-outs as well as in-service withdrawals, such as a hardship distribution. "Leakage is absolutely an issue," said Marcia Wagner, principal at The Wagner Law Group. "This is probably a way for the DOL to say, 'We're trying to do something that's not controversial to deal with the leakage problem.'" The DOL's proposed rules, which only apply to account balances of less than $5,000, seek to exempt one firm, Retirement Clearinghouse, from certain restrictions under the Employee Retirement Income Security Act of 1974 and the Internal Revenue Code. Retirement Clearinghouse has an auto-portability mechanism that identifies participants who have left an employer, rolls their small 401(k) accounts into an IRA, detects when the individual has landed at a new employer, and then automatically rolls the money into that individual's new 401(k) plan. This is meant to consolidate an individual's retirement accounts that have been left behind and prevent employers from cashing out accounts of former employees. (Currently, employers can cash out accounts smaller than $1,000 by sending a check to the participant. To get rid of accounts with balances between $1,000 and $5,000, employers must roll the money into an IRA set up on the employee's behalf.) Retirement Clearinghouse, which is a fiduciary in its transactions, needs a rule exemption because it receives a transfer fee in connection with its services. Current rules don't allow fiduciaries to receive additional fees for such transfers absent an individual's consent. The DOL said that it is only proposing to grant the exemption from these rules for five years, since the RCH program is new, and the DOL "cannot confidently determine how successful the RCH program will be at achieving its objectives." Comments are due by Dec. 24. (More: Loosened rules at odds with efforts to cut 401(k) loans, hardship withdrawals)

Latest News

Texas man says SEC and fund could make him pay twice
Texas man says SEC and fund could make him pay twice

A $141M judgment and a federal asset freeze collide over one shrinking pool

Osaic executives Kristy Britt and Greg Cornick to leave
Osaic executives Kristy Britt and Greg Cornick to leave

The firm's CFO and EVP of Wealth Management Solutions are the latest executives to exit the broker-dealer.

Estate planning becomes a client retention issue for financial advisors, survey finds
Estate planning becomes a client retention issue for financial advisors, survey finds

Clients are saying they would consider switching advisors if another professional offered estate planning services, according to a new Trust & Will survey.

Candidly adds AI agents for Trump Accounts, workplace benefits
Candidly adds AI agents for Trump Accounts, workplace benefits

CEO Laurel Taylor says the fintech's composable AI stack helps workers optimize dollars across Trump Accounts, 529s, 401(k)s, and other employee benefits.

BMO adds three advisors in Dallas amid Y'all Street wealth boom
BMO adds three advisors in Dallas amid Y'all Street wealth boom

The bank has swiped three private banking veterans from BNY as the city climbs the ranks of America's fastest-growing wealth hubs.

SPONSORED Who builds the income when the pension disappears?

Dan Biagini of American Equity says the steady decline of pensions, longer lifespans and a reset in interest rates are rewriting how advisors build retirement income

SPONSORED Why direct indexing stopped being optional

Direct indexing is on pace to outgrow ETFs and mutual funds. Northern Trust's Ken Lassner explains why the advisors who get it wish they had started sooner.