New fee disclosure rules could shake up 401(k) world

Financial advisers who work with 401(k) plan sponsors — as well as those prospecting for new clients in the retirement plan arena — will get a chance to shine this summer when new Labor Department fee disclosure rules kick in July 1.
JUL 24, 2012
Plan sponsors likely will be inundated with paperwork from record keepers, trustees, custodians and other service providers who now must break out the details of the fees charge and the services they provide. (Don't forget to send your own disclosure documents to your plan clients by the July 1 deadline). There is no uniform format for the disclosures, which could run 20 pages or more, and the regulations don't require a summary document. “There is a significant opportunity for advisers to come in and interpret all this information for their plan sponsor clients, including calculating all-in costs,” said Greg Tschider, chief executive of Verisight Inc., which provides retirement plan services and consulting solutions to employers, advisers, financial intermediaries and human resources administrators. “It's a great time to be prospecting, too.” The fee disclosures could come as a shock to some plan sponsors. A recent survey by the Government Accountability Office found that some sponsors didn't know whether their providers used complex fee arrangements, such as revenue sharing. Other sponsors said that they knew about the arrangements but didn't fully understand how fees were charged. After July 1, sponsors for the first time will be able to make apples-to-apples comparisons of the cost of services among various providers. “It could be a real game-changer,” said Jason Frain, vice president for 401(k) product management and development for The Guardian Life Insurance Co. “Financial professionals need to be in a position to effectively explain fees and distinctly identify how they, as service providers, add value,” he said. “It puts them in an excellent position to educate their clients on the new rules and assist them as they make service provider selections.” To help advisers get up to speed, Guardian is offering a new report about navigating the landscape of fiduciary and fee disclosure regulations on its retirement website. The material explains the rules for operating as a fiduciary — providing investment advice and, in some cases, investment management — as well as being a nonfiduciary in providing education. Many broker-dealers are still examining whether they will allow their registered representatives to act in a fiduciary capacity. For advisers acting as fiduciaries, compensation must be in the form of a fixed fee, which could be a flat dollar amount, a percentage of total assets or a per-participant amount. If a fiduciary suggests a distribution from a plan, he or she is prohibited from cross-selling products and services such as Section 529 college savings plans and insurance. For advisers who choose not to be fiduciaries, now is the time to document all the ways they assist plan sponsors in providing information, education and other services to their plan participants, and to itemize — and justify — their fees.

SMALL-PLAN MARKET

For advisers looking to expand their business, the retirement market opportunity is significant, particularly in the fast-growing small-plan market, where sponsors are most likely to need help. But small plans present economic challenges, too. Their low assets and limited number of participants may be insufficient to support a flat or fixed-fee billing arrangement required of a fiduciary. One solution is to suggest that plan sponsors use the fiduciary support services of a third-party registered investment adviser. Once plan sponsors tally their total costs, some may seek cost-cutting alternatives, said Greg Carpenter, founder and chief executive of Employee Fiduciary, a 401(k) administrator that focuses on small plans. He suggests that advisers keep it simple by breaking down costs into three buckets: investment fees, advisory fees and everything else that they need to run a plan. “If the everything-else bucket seems too large, start to unpack it,” Mr. Carpenter said. The next time bomb will be when plan participants receive their initial fee disclosure statements, due by Aug. 30. Although the majority of participants probably do not understand or care about the fees that they are paying for their 401(k) plan, a small, vocal minority does. And in the new era of social media, their complaints and questions could go viral. Don't dismiss them. “These power participants are likely to be more engaged, have larger account balances and be higher up in the organization,” Mr. Carpenter said. “They could be influential in picking the plan's investment adviser.” Mary Beth Franklin (mbfranklin @investmentnews.com) welcomes your comments and suggestions for column -topics.

Latest News

Edward Jones facing more race bias claims in new lawsuit
Edward Jones facing more race bias claims in new lawsuit

A private partnership, Edward Jones is a giant in the retail brokerage industry with more than 20,000 financial advisors.

Advisor moves: LPL recruitment momentum continues with $815M Northwestern Mutual team
Advisor moves: LPL recruitment momentum continues with $815M Northwestern Mutual team

Meanwhile, Raymond James and Tritonpoint Partners separately welcomed father-son teams, including a breakaway from UBS in Missouri.

SEC chief Atkins signals caution on prediction market ETFs amid broader rethink of novel fund structures
SEC chief Atkins signals caution on prediction market ETFs amid broader rethink of novel fund structures

Paul Atkins has asked staff to solicit public comment on novel ETFs, pausing the clock on as many as 24 filings linked to the booming event contracts market.

Private capital's $1 trillion bet on the American retirement account
Private capital's $1 trillion bet on the American retirement account

From 401(k)s to retail funds, Deloitte sees private equity and credit crossing into mainstream investing on two fronts at once.

Advisor moves: Wells Fargo Advisors pulls in $9.6b in fresh talent during first half of May
Advisor moves: Wells Fargo Advisors pulls in $9.6b in fresh talent during first half of May

Big-name defections from Morgan Stanley, UBS, and Merrill Lynch headline a busy two weeks of recruiting for the wirehouse.

SPONSORED Are hedge funds the missing ingredient?

Wellington explores how multi strategy hedge funds may enhance diversification

SPONSORED Beyond wealth management: Why the future of advice is becoming more human

As technical expertise becomes increasingly commoditized, advisors who can integrate strategy, relationships, and specialized expertise into a cohesive client experience will define the next era of wealth management