The next level of retirement plan service: Fee policy statements for 401(k)s

MAR 11, 2014
The next level of retirement plan service and risk management is here: establishing fee policy statements for 401(k) plans. Financial advisers who specialize in retirement plans are finding new ways to distinguish themselves from their competitors, upping the ante in service. Specifically, they're helping to educate workers, increasing enrollment into the retirement plans and raising contribution rates. But beyond those basics, forward-thinking advisers are looking at the fee policy statement — a document that spells out how fees ought to be allocated among all the players within a 401(k) plan — and helping their plan sponsor clients get the most out of it. The fee policy statement answers several questions: Who is paying for the administrative cost of running the plan, the plan sponsor or the participant? Is there revenue sharing between the record keeper and the fund companies? If so, how are plan sponsors accounting for it? Finally, do the service providers restore any leftover revenue-sharing amounts after they've recouped costs and profits? If so, where are those dollars being held? The document also details the plan sponsor's duties with respect to fee oversight — namely, how often the plan's fees should be reviewed. “A fee policy statement focuses plan fiduciaries on the need to evaluate the fees being charged,” said C. Frederick Reish, a partner in the employee benefits and executive compensation practice group at Drinker Biddle & Reath. “It's not so much what the fee policy says in writing but the explanation that the consultant gives when it's brought to the table and how it's applied going forward.”

DISCLOSURE

Growing interest in fee policy statements is an aftereffect of the Labor Department's 2012 emphasis on fee disclosure. Advisers looking to do more for plan sponsor clients note that it's not enough merely to show employers the cost of services and benchmark them against the market. Plan sponsors want to understand the nitty-gritty of the fees and use any leverage the information provides. “Clients already understand the fees they're paying to the record keeper and to us, as well as whether there are revenue-sharing arrangements or per-head fees,” explained Kathleen A. Kelly, managing partner at Compass Financial Partners. “What's become more of an opportunity for plan sponsors is to look at how the overall administrative costs of a retirement plan are more equitably distributed to ensure all of the participants are paying a similar portion of overall fees.” At J.P. Morgan Retirement Plan Services, large plan sponsors are asking more about products that permit them to bypass revenue sharing altogether, according to Sarah Rasmuss, vice president of product development. Drafting and reviewing a fee policy statement could potentially drive such changes. “Advisers can help plan sponsors understand the options for paying expenses, be it writing a check, debiting participant accounts or using revenue share to offset fees or to level the fees,” Ms. Rasmuss said. “They can lean on the service provider to articulate the options available when managing and reporting those fees.” Advisers and plan sponsors also can use the discussion behind drafting a fee policy statement to determine how they should proceed when participants aren't paying the same amount. “Say I'm in a stable-value account and it has the highest amount of revenue sharing, but another participant is in an index fund and it has zero revenue sharing,” said Randall Long, founder and managing principal at SageView Advisory Group. “Is it fair for the person who's in the index fund to pay none of the fees? The fee policy statement would speak on how to handle those issues.”

LITIGATION TARGET

Experts in the Employee Retirement Income Security Act of 1974 warn that improperly drafted statements can present a litigation target. Fee policy statements can be considered documentation that governs the operation of the plan, so failure to follow a statement can be a fiduciary breach, Mr. Reish noted. The solution: Allow the statements to give plan fiduciaries a little bit of slack. He said the statements ought to clearly state that they are merely guidelines. Documents should say that the plan sponsor will obtain and review information from service providers on the compensation they receive and that the costs will be reviewed against market data, he said. “Once it's in place, every year, the plan committee should review it, even if these are just guidelines,” he added.

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.