Employee Benefit Plan Audits – Are You Getting a Quality Audit?

bsmsA great article from Jaime Sweeney, Senior Manager, Barfield, Murphy, Shank & Smith, LLC.

 

 

 

The Department of Labor and the Employee Benefits Security Administration recently completed an assessment of the quality of audit work performed by independent public accountants and the overall findings were disappointing.  In May 2015, the DOL released a report titled “Assessing the Quality of Employee Benefit Plan Audits” that found 30% of the audits (nearly 4 out of 10) contained major deficiencies in regards to GAAS requirements.  Those deficiencies could lead to rejection of a Form 5500 filing.

The report makes recommendations, including DOL outreach and enforcement related to audit standards.  As part of this outreach, in November of 2015, the DOL distributed letters and information to plan administrators of “funded” ERISA employee benefit plans providing tips for selecting and working with a qualified CPA firm auditor who has the expertise.  Plan administrators are held responsible as fiduciaries of the plan, and can be held personally liable if they are not making reasonable choices with regard to their plan.

The letter explains that a quality audit can help protect plan assets and make sure that the plan is compliant with applicable law.  The letter specifically emphasizes that plan administrators should be careful when they select and retain an auditor.

While many accounting firms are choosing not to continue offering employee benefit plan audits, we at Barfield, Murphy, Shank & Smith, LLC assure you that we are distinctly qualified for this work and will continue to offer this service.

According to the DOL, you should consider the following factors when selecting a CPA firm:

  • The number of employee benefit plans the CPA audits each year, including the types of plans
    • Having worked extensively with retirement plans for over two decades, BMSS is known for having one of the premier auditing practices in Alabama. BMSS audited in excess of 30 plans in 2015, including defined contribution and defined benefit plans.  Our staff has a great deal of experience understanding the nuances of these audits.
  • The extent of specific annual training the CPA received in auditing plans
    • Employee benefit plan audits have unique audit and reporting requirements and are different from other financial audits. At BMSS, all of our employee benefit plan professionals receive annual Continuing Professional Education specific to Employee Benefit Audits.
    • Barfield, Murphy, Shank & Smith, LLC is a member of the American Institute of Certified Public Accounts EBPAQC (Employee Benefit Plan Audit Quality Center), a group created to improve quality of benefit plan audits with news alerts, training, webinars, audit quality center and other resources.
  • The status of the CPA’s license with the applicable state board of accountancy
    • Our CPAs are actively licensed by the Alabama State Board of Accountancy.
  • Whether the CPA has been the subject of any prior DOL findings or referrals, or has been referred to a state board of accountancy or the American Institute of CPAs (AICPA) for investigation
    • We are proud to say that BMSS has not been subject to any DOL findings or referrals. We have not been referred to a state board nor the AICPA for investigation.
  • Whether or not your CPA’s employee benefit plan audit work has recently been reviewed by another CPA (this is called a “Peer Review”) and, if so, whether such review resulted in negative findings
    • BMSS participates in the AICPA Peer Review Program and has passed every peer review. Our last peer review was dated November 6, 2014

If you have any questions or concerns regarding your employee benefit plan audit or if you would simply like more information about receiving a quality audit, please contact one of the EBP Audit professionals Barfield, Murphy, Shank & Smith LLC at (205) 982-5500.

Written by Jaime Sweeney, Senior Manager, Barfield, Murphy, Shank & Smith, LLC

Advertisements

You cannot spell HERO without HR

hr2.jpgIt is not often when I am really caught off guard by a remark, but recently while attending a panel style discussion lead by three Human Resource Managers that also serve as 401(k) Plan Sponsors, one of them made a comment that threw me for a loop. She said, “People don’t realize what a lonely job being a Human Resource Manager can be.” She went on to elaborate on the fact that few, if any, members of a company can really appreciate all that the HR professional has to do throughout the day. The rest of the panel members agreed and listed off a myriad of tasks from personnel manager to staffing firm to marriage counselor that most members of human resources serve as besides their official written job description. In an effort to bring others into your personal world or to at least garner a better appreciation for what you do, here are a few much easier said than done ideas for HR professionals.

  1. Find a sidekick– The HR workforce is full of superheroes; and superheroes never need for help, right? Wrong! We all know that Batman had Robin and Wonder Woman had Wonder Girl. Therefore, it is so important that you finds an individual either within the organization or outside to assist with the tasks that you are too busy to tackle to help you free up some time to continue saving the world (or at least your company). Look to your advisers and product providers for resources that they can provide to help you do your best work.
  2. Ask for help – One of the hallmarks of an awesome HR professional is the level of care and selfness that they often exhibit; often to the point that they do not want to appear overwhelmed for the fear that they might burden another employee. However, by not asking anyone for help, you may be creating unnecessary work and/or stress for yourself down the line. Asking for help can also be a great way to involve those valued individuals who report to you by allowing them some extra responsibility.
  3. Delegate more – Delegating is the hardest task for me personally, since I like many hard-working professionals, think my way is often the best way. Recently though I have come to the realization that done beats perfect every time and my way isn’t necessarily the only way. While it is extremely important that tasks get done to your standards, it is also important that items that you do not love to do or are too busy to complete get done as well. Figure out the items that you can let go to free up time to do what you do best.
  4. Say “No” – While you may not be able to say no to the employee standing at your door or your boss demanding an immediate response to an email, there are ways to say little no’s throughout the day. Thinking of saying no to things like checking Facebook every 15 minutes or sitting in on a weekly meeting that does not impact the way you do business as a way to free up time. Also, consider turning your email off for an hour a day as a way to focus on completing outstanding projects. If you are one of those HR superheroes who feels like they could use a sidekick, I would love to talk to you about ways to find advocates and to ask for assistance. As a HR professional, you do so much for your company; isn’t it time for someone to help you?

 

Jamie Kertis, AIF®, QKAjamie kertis headshot
Retirement Plan Specialist
Grinkmeyer Leonard Financial
1950 Stonegate Drive / Suite 275 /Birmingham, AL 35242
Office: 205.970.9088 / Toll-Free: 866.695.5162
www.grinkmeyerleonard.com

Contact Jamie

Follow Jamie on LinkedIn

Follow Jamie’s Blog

When CYA is Exposing Rather than Covering Your Assets

shutterstock_286288565.jpgI recently had the privilege of attending the National Plan Advisors Association (NAPA) annual conference where some of the best and brightest minds in the retirement plan industry gather to discuss best practices, pending and recent legislation, and industry trends. In one of the sessions it was noted that it is a fiduciary breach to make decisions just to protect yourself as a fiduciary. For me this was one of those “ah-ha” moments that made me sit back and think about the way that we make decisions as a co-fiduciary. Are we keeping the best interests of the participants first or focusing so myopically on fiduciary best practices from a CYA (cover your behind) perspective that we miss out on the big picture? Since I was forced to contemplate our process, I thought I would also share the basics of fiduciary duty with you as well.

 The plan is in place to serve the best interests of the
plan participants and their beneficiaries.
It’s as simple as that!

 One of the most important ERISA fiduciary rules is the exclusive purpose rule, established by ERISA Sections 403 and 404: “A fiduciary shall discharge his duties with respect to a plan solely in the interest of the participants and beneficiaries.” In order to fulfill your requirements of sole interest, ERISA established 4 guidelines for fiduciaries to follow.

  • The first is loyalty. To demonstrate this quality the fiduciary must act for the exclusive purpose of providing benefits to participants and their beneficiaries; and defraying reasonable expenses of administering the plan. In essence this guideline sums up that you work for your plan participants when running the 401(k) plan and it is your responsibility to make sure they get appropriate services for a reasonable fee.
  • The next is prudence. Fiduciaries must act with the care, skill, prudence and diligence under the circumstances then prevailing that a prudent man acting in a like capacity and familiar with such matters would use in the conduct of an enterprise of a like character and with like goals. This is where the advice of an investment professional can be the most valuable as it is expected for you- the fiduciary – to not just act with good intentions, but also with knowledge and care.
  • The third guideline is diversification of investments. Fiduciaries must diversify the investments of the plan so as to minimize the risk of large losses, unless under the circumstances it is clearly prudent not to do so. In my opinion, this is one of the most difficult demands to balance since most investors expect to have positive returns in their account every quarter despite market conditions or investment mix. However as the plan fiduciary, you have the responsibility to protect the participants from themselves.
  • The final guideline is to follow the plan’s governing documents. Fiduciaries must operate the plan in accordance with the documents and instruments governing the plan insofar as such documents and instruments are consistent with [ERISA] provisions. While this may seem like a “no-brainer”, it is in this guideline where I have seen the most common problems arise. We have seen everything from not having a signed plan document to incorrectly following the plan’s definition of compensation to mismatched vesting schedules.

In nearly all cases, plan fiduciaries act in the best interest of their participants through their actions without even thinking twice about it. However, there are very strict and expensive rules around making sure that you do so consistently and that you don’t inadvertently shift focus from them to you and your assets.

jamie kertis headshotJamie Kertis, AIF®, QKA
Retirement Plan Specialist
Grinkmeyer Leonard Financial
1950 Stonegate Drive / Suite 275 /Birmingham, AL 35242
Office: 205.970.9088 / Toll-Free: 866.695.5162
www.grinkmeyerleonard.com

Contact Jamie

Follow Jamie on LinkedIn

Follow Jamie’s Blog

 

What the “F” ? – Part 4 – Future

wtf4What the “F” ?
A four part series that will address important themes of plan management

 If you’ve stayed with me through this four part series on the critical “F”s in 401(k) plan management (and thank you if you have), then hopefully you will agree that I have saved the best and most crucial “F” for last – Future. When you think about the last three “F”s , funds, fees and fiduciary, they all center around producing the best outcomes for the retirement future of your plan participants. Moreover, the main purpose of the Employee Retirement Income Security Act of 1974 (ERISA) is to protect the assets of millions of Americans so that funds placed in their retirement plans during their working lives will be there when they retire. So much focus is placed on protecting, growing and maintaining the assets during work that it leaves us asking what happens when your participant is ready to retire with those assets that he or she has worked so hard to amass or worse yet, what happens when your employee starts to plan his or her retirement and realizes there is not enough there to allow them to retire.

First let’s focus on how to best assist your employee during their working career to earn, grow and protect their retirement assets. As we have discussed, making sure that the funds in your plan are appropriate to help asset growth, monitoring the fees in your plan to protect against plan asset erosion, and acting in the proper fiduciary manner in order to maintain a compliant plan are all steps that you can take to help your employees while they are participants in your company’s 401(k) plan. Additionally, many retirement plan recordkeepers offer tools and calculators that your participants can utilize to model the potential shortfall or overage that they will have in monthly income during retirement. To clarify, most tools will calculate 75% – 80% of the participant’s preretirement income and turn that into a monthly amount. From there, the tool will analyze how much the participant can expect to generate on a monthly basis from the balance of their retirement account considering both current and future contributions and average market performance. The more dynamic tools will also let the participant enter outside sources of income, model for social security, account for medical expenses, and more. The participant will then be able to fairly quickly determine if they will have an overage or a shortfall in monthly income in retirement. This tool is commonly referred to as “Gap Analysis” and if the plan that you work with does not currently offer something like it, it may be time to consider adding it.

Providing tools like Gap Analysis to your participants is a great first step; however, we believe that it is essential that you take another critical step in assisting your plan participants by offering a dynamic education plan that encompasses both informative group meetings and impactful one-on-one meetings. We believe that our industry as a whole has done a poor job of reaching out to the average participant in a way that makes very difficult and often intimidating financial concepts surrounding a 401(k) understandable. Therefore, we believe in some basic concepts when it comes to educating your participants. The first is a concept in education called “Chunking” whereby a person attempts to make sense of something complex by breaking it down into smaller, more manageable units. We attempt to take daunting items like asset allocation, asset classes, match structures and vesting schedules and explain them in a way that is relatable to most participants. Furthermore, we believe that it is imperative to not only engage the left brain, analytic side of the brain when describing investment concepts, but also to involve the right brain, emotional side to truly appeal to the participant. I’d be willing to bet that you have seen the look before in your employee’s eyes when you start into a dry or, dare I say boring, concept in an employee meeting and immediately the stares glaze over and the head nodding begins. By engaging the creative and emotional side of the brain, we have found that we get a much better engagement and communication in our employee education events which can lead to more action when it comes to making a decision to participate in the plan. Caleb Bagwell, our employee education specialist says, “Participants have been told their entire working life that they need to save.  It’s not a foreign concept to them.  The problem is that no one has taken the time to show them why! Why should they be using the 401(k)? Why can’t they depend on social security? We need to bridge the gap between the discomfort of delaying gratification now, and the payoff they will receive in retirement, and that bridge is built through education.”   I would encourage all of my readers to visit Caleb Bagwell’s blog, Motivated Monday, to learn more about how he is taking a fresh approach to engaging and inspiring employees to take a new look at their retirement futures.

Finally, when it comes to weighing the importance of your participant’s future against the immediate needs that are constantly pressing, we urge you to consider the potential cost that employees who cannot afford to retire may have on your business’s bottom line. We know and fully appreciate that there are situations where the experience, knowledge and wisdom that comes with long time employees cannot be replaced, but we are also fully aware, as should you be, that the more senior the employee the greater the potential for higher costs associated with that employee. These costs can include anything from greater absenteeism to higher salaries to increased medical costs. Case in point, we have a business contact who hired a practice manager over 6 years ago to streamline their operations in anticipation that many of the staff members that currently served in administrative roles would soon be retiring. Flash forward to today and that company now has the highly paid practice administrator that they hired 6 years ago along with all of the other 9 employees that were planning on retiring who cannot because they cannot afford to. This is an all too real situation that many companies find themselves facing, but we believe with proper education it can possibly be avoided.

John Adams, our second President, said “There are two educations. One should teach us how to make a living and the other how to live.” We could not agree with this statement more whole-heartedly when it comes to educating employees about their retirement futures. It is absolutely a balance between making your living and living the life you want now and in the future. If you feel like there may be a better way to help your employees achieve the future that they want, we’d love to hear from you.

Jamie Kertis, AIF®, QKA jamie kertis headshot
Retirement Plan Specialist
Grinkmeyer Leonard Financial
1950 Stonegate Drive / Suite 275 /Birmingham, AL 35242
Office: 205.970.9088 / Toll-Free: 866.695.5162
www.grinkmeyerleonard.com

Contact Jamie

Follow Jamie on LinkedIn

Follow Jamie’s Blog

What the “F” ? – Part 3 – Fiduciary

wtf3
What the “F” ?
A four part series that will address important themes of plan management  

Thus far we have looked at some complicated “F”s in funds and fees, in today’s blog we are going to address one of the most overused and misunderstood “F”s in our industry: fiduciary. The basic definition of fiduciary is any individual or entity that has, or exercises discretionary control over the management of the plan or the plan’s assets. A plan may have one than one fiduciary and/or one individual serving in more than one fiduciary capacity. From there, the functional definition of fiduciary goes in several different directions.

When assessing whether or not you fall into a fiduciary role using the functional test you must consider the following: even with no expressed appointment or delegation of fiduciary authority if you are considered in control or procession of authority over the plan’s asset, management, or administration than you are considered a functional fiduciary. Many times this will include members of the Employer’s Board of Directors or Trustees, voting and non-voting, with power to exercise discretion and control. One important distinction to make is that the person who performs administrative ministerial functions, such as processing payroll, approving distributions or loans, or submitting data for testing, is not considered a fiduciary. In other words, the president of the company is usually a fiduciary because he or she has the discretion to implement plan decisions and to hire parties to assist in the administration of the plan; while a payroll clerk is not a fiduciary if he or she is processing the payroll in the 401(k) vendor’s website.

As a plan fiduciary, you may also be presented with opportunities to hire or appoint additional co-fiduciaries. There are different varieties of co-fiduciaries including 3(16), 3(21) , and 3(38) fiduciaries. A 3(16) co-fiduciary acts as the plan administrator and is responsible for managing the day-to-day operations of the plan. Some functions may include determining the eligibility of employees, maintaining all plan documents and records, providing annual notices, rendering decisions regarding participant claims, and fixing plan operational errors. This may be confusing since we have already determined that the individual within your company that provides many of these administrative functions like sending out notices and approving distributions is not a fiduciary; the difference is in that a named 3(16) fiduciary is an individual outside of your company that provides these administrative duties without consulting you, the plan sponsor. A 3(21) fiduciary is a paid professional who provides investment recommendations to the plan sponsor, but the plan sponsor retains ultimate decision-making authority and approves or rejects the advice of the 3(21) fiduciary. There is no discretion given to the 3(21) fiduciary. A 3(21) provides investment advice on a regular basis to the plan that the plan sponsor relies on to make a decisions pursuant to a mutual agreement or understanding (written or not) that is specialized to the plan for a fee. Finally, a 3(38) fiduciary is an investment manager in that the investment manager has discretion to make changes in the plan investment line-up or allocation without consent of the plan sponsor. A 3(38) must be appointed in writing by contract. The main difference between a 3(21) and a 3(38) is discretion. It is also important to note that even if you as a plan fiduciary hire a 3(16), a 3(21), and a 3(38), you still cannot absolve yourself of your personal fiduciary responsibility.

If you’ve made it this far in the blog, I’m sure it is clear to you why the definition of a fiduciary is anything but clear and you may be asking yourself why you should take the time to even bother with trying to understand your role and whether or not you are or are not a fiduciary. The reason understanding your role and acting properly as a fiduciary can be so important is that fiduciaries who do not follow the basic standards of conduct may be personally liable to restore any plan losses to the plan, or to restore any profits made through improper use of the plan’s assets resulting from their actions. While this is very true and taken directly from the Department of Labor’s commentary on fiduciary responsibility, it can be hard for many plan fiduciaries to conceptualize because chances are you have not, do not, and will not ever know anyone who loses their home or personal assets over a fiduciary breach. Nonetheless, there are very real examples of plan fiduciaries who have cost their companies a significant amount of many and/or lost their job due to improper fiduciary management. Look no further than Caterpillar, Fidelity, Lockheed Martin, Intel, Boeing and State Farm for companies that have faced or are currently facing case action lawsuits involving the management of their respective 401(k) plans (not all cases have been settled, nor have all companies been found guilty).

Moreover, as a plan fiduciary you have the unique and important role of providing the greatest opportunity for retirement savings that most of your employees will have. By properly managing the plan, you are playing a vital part in helping your valued employees get to their retirement goals. Check out my next installment when we will look closer at this role you play in the ultimate “F”.

Jamie Kertis, AIF®, QKAjamie kertis headshot
Retirement Plan Specialist
Grinkmeyer Leonard Financial
1950 Stonegate Drive / Suite 275 /Birmingham, AL 35242
Office: 205.970.9088 / Toll-Free: 866.695.5162
www.grinkmeyerleonard.com

Contact Jamie

Follow Jamie on LinkedIn

Follow Jamie’s Blog

What the “F” ? – Part 2 – Fees

wtfpt2A four part series that will address important themes of plan management

 

Last installment we tackled the first 4 letter “F”, fund as in mutual funds. This entry will examine the next 4 letter “F” – Fees. Fees and funds go hand and hand as every dollar that you pay in fees lessen the dollars available for retirement. However, I must disclose that I do not believe that cheapest is best and to date, there are not any federal regulations that state your plan has to be the cheapest. What the regulations do state is that as a fiduciary to your company’s retirement plan you have a duty to understand and monitor the fees associated with operating the plan.

The first fee to consider when analyzing the overall cost of your plan is the mutual fund expense ratios. On http://www.morningstar.com an expense ratio is defined as the annual fee that all funds or ETFs charge their shareholders. It expresses the percentage of assets deducted each fiscal year for fund expenses, including 12b-1, management fees, operating costs, and all other asset-based costs incurred by the fund. Let’s breakdown each component by first looking at the 12b-1 fee. A 12b-1 fee is earmarked for the financial professional’s compensation and can range from 0.25% up to 1.00%. It should be noted that not all mutual funds have a 12b-1 fee. If you work with a financial professional that is fee-based or fee for service, then that adviser may select funds that do not pay a 12b-1 fee since he or she does not rely on that fee for compensation. The information on how much each fund in your plan pays in 12b-1s should be accessible through the fund prospectus. Next management fees and operating costs are the portion of the expense ratio that is used to compensate the mutual fund manager for his or her expertise in running the fund and for any costs the mutual fund company incurs in managing the fund (producing prospectuses, mailing costs, building costs, etc). This is typically the largest portion of the overall cost of the fund and is usually higher in actively managed funds than in passively managed funds. Finally there is the mysterious “all other” portion. In the retirement space the “all other” can be especially important since many times this is referring to the recordkeeping service fees (RSFs) or subtransfer agents fees (subTA) that are paid to the recordkeeper of your 401(k) plan. In general both the RSF and subTA fees are paid by the mutual fund to the recordkeeper for keeping all the individual records of its investors; in the retirement plan space that means all of your participant’s records on their individual investments. The tricky thing about these fees in particular is that they are negotiated between each recordkeeper and each mutual fund; therefore they are not consistent or readily disclosed. For example, ABC mutual fund may pay DEF recordkeeper 0.15% in an subTA fee, but ABC fund might also pay GHI recordkeeper 0.10% in a subTA. While the RSF or subTA fee may not be the largest portion of the overall expense ratio, it can be very important to understand the next aspect of your overall retirement cost and that is the cost associated with your recordkeeper and third party administrator (TPA).

In February 2012, the Department of Labor issued its final regulations on plan level fee disclosure under section 408(b)(2); now simply known as the 408(b)(2) disclosure. The very simplistic explanation over the 408(b)(2) regulation is that it was designed to disclosed to the plan sponsor the cost of doing business with covered service providers (CSPs) including recordkeepers and TPAs. While it did help to uncover some hard dollar fees and the formulas for calculating compensation, it is still fairly difficult in some cases to truly understand what you are paying to whom. If you work in a bundled arrangement, where the same provider serves as your recordkeeper and TPA, then chances are that the subTAs or RSFs that they are receiving from the mutual funds may cover all costs associated with administering the plan; resulting in a $0 hard dollar billable to you the plan sponsor. These plans are sometimes sold as “free” because there is not a hard dollar cost; however, you know now know that the plan is not in fact “free” but rather that the cost is being subsidized by the money received from the mutual funds. If you are working in an unbundled arrangement where there is a separate firm providing recordkeeping services and another providing TPA services, then you may experience a bill from your TPA and “free” services from the recordkeeper. Again, note that the recordkeeper may be receiving money from the mutual funds to cover their costs. Also, in many cases the recordkeeper may be sharing revenue with the TPA in order to help lessen their billed fees to you. If as a plan you are currently receiving any billable expenses that you pay from the company or pass on to your participants to pay, then chances are the mutual funds in your plan have no or low subTAs or RSFs that do not cover the entire cost to run the plan.

The final cost to understand is what you are paying your financial representative. He or she may receive the 12b1 from the mutual fund if you are not in a fee based arrangement. Please note that if compensated by a 12b-1 fee, then his/her compensation is determined by the share class of mutual fund in your plan. In general an A Share fund pays 0.25% and an R share pays 0.50% (there are other share classes, but these are the most common in retirement plans). If you are in a fee based arrangement with your representative, than he/she may charge a flat hard dollar fee or an asset based charge (0.25% of plan assets). There is not a right or wrong way to compensator your financial professional for their time, but like all of the other fees that we have discussed it is just important that you understand how they get paid.

One of my favorite business quotes is “Cost is only an issue in the absence of value.” and this is especially true as it pertains to your company’s 401(k) plan. As I said in the outset, you don’t necessarily have to have the cheapest plan, but you do have to be able to demonstrate that you understand what you are paying and what you are getting for those dollars. If you are unsure of what you are paying any of your vendors or if those costs are reasonable, then please contact me. We are happy to help you answer this “What the “F”?”!

 

Investments are subject to risk, including the loss of principal. Because investment return and principal value fluctuate, shares may be worth more or less than their original value. Some investments are not suitable for all investors, and there is no guarantee that any investing goal will be met. Past performance is no guarantee of future results. Talk to your financial advisor before making any investing decisions.

 

Please consider the investment objectives, risks, charges, and expenses carefully before investing. The prospectus, which contains this and other information about the mutual fund, can be obtained from your financial professional. Be sure to read the prospectus carefully before deciding whether to invest.

jamie kertis headshotJamie Kertis, AIF®, QKA
Retirement Plan Specialist
Grinkmeyer Leonard Financial
1950 Stonegate Drive / Suite 275 /Birmingham, AL 35242
Office: 205.970.9088 / Toll-Free: 866.695.5162
www.grinkmeyerleonard.com

Contact Jamie

Follow Jamie on LinkedIn

Follow Jamie’s Blog

 

What the “F” ? – Part 1 – Funds

wtf1.jpg

No this entry is not about all of the things that your participants and employees might do to make you go “What the “F”?” (although I am you all have some great stories). Instead over the next four weeks, I will be covering the four topics that should be top of mind for plan administrators, investment committees, and human resource professionals concerning plan management. Today’s “F” is Funds. 

A fund or mutual fund is defined by the Securities and Exchange Commission (SEC) as a company that brings together money from many people and invests it in stocks, bonds or other assets. The combined holdings of stocks, bonds, or other assets the fund owns are known as its portfolio. Each investor in the fund owns share, which represent a part of these holdings. As someone who works on your company’s 401(k) plan it is important to have a good understanding of how mutual funds work since mutual funds are the most common investment vehicles offered in 401(k) plans. According to FINRA’s website (www.finra.org) the majority of 401(k) plans offer 8 – 12 investment options, but I have seen plans out there that offer 40 + mutual fund options. There are certainly different schools of thought as it pertains to the number of investment options that you should make available to your plan participants. Some committees believe the more the merrier; that by offering a large number of options, their participants will be able to design a portfolio that works best for them. Others believe, limit the plan options to a handful of funds that represent the main asset classes (equity, fixed income, and cash).   We tend to believe that the plan should offer the fund option in each of the 404(c) style boxes: large, mid and small cap in the growth, value and blend categories with a additional options in international and fixed income.

Another important aspect of your plan’s investment menu is the Qualified Default Investment Alternative (QDIA). Your plan’s QDIA is the fund or funds that a participant defaults into if he or she falls to make an investment election. Under the Department of Labor’s guidelines, a QDIA may be a life-cycle or targeted-retirement-date fund, a balanced fund or a professionally managed account. The committee should take the task of selecting a QDIA very seriously because if used correctly, it can offer the plan and its fiduciaries valuable safe harbor protections.

Regardless of the number of funds in your plan or what option you have designated as the QDIA, one thing is constant: the fiduciaries of the plan have an ongoing responsibility to monitor the investment options. In the Tibble v. Edison case, the Supreme Court sent a clear message that the fiduciaries of a qualified retirement plan have an ongoing duty to monitor fund investment choices. A quote taken from the ruling reads “The trustee must systematically consider all investment of the trust at regular intervals to ensure that they are appropriate.” Please note this case did not center around fund performance or if one asset class is better than another, but rather underscored the importance of having a prudent process for review and decisions to keep or remove a fund option.

In this blog edition, I mentioned several industry terms like 404(c), QDIA and the prudent process required for monitoring funds. If you or the your investment committee are unsure if you have one or all of these in place, please contact me and we can further discuss the importance of this “F” to successfully running your 401(k) plan.

-Jamie

 

Investments are subject to risk, including the loss of principal. Because investment return and principal value fluctuate, shares may be worth more or less than their original value. Some investments are not suitable for all investors, and there is no guarantee that any investing goal will be met. Past performance is no guarantee of future results. Talk to your financial advisor before making any investing decisions.

Please consider the investment objectives, risks, charges, and expenses carefully before investing. The prospectus, which contains this and other information about the mutual fund, can be obtained from your financial professional. Be sure to read the prospectus carefully before deciding whether to invest.

Jamie Kertis, AIF®, QKAjamie kertis headshot
Retirement Plan Specialist
Grinkmeyer Leonard Financial
1950 Stonegate Drive / Suite 275 /Birmingham, AL 35242
Office: 205.970.9088 / Toll-Free: 866.695.5162
www.grinkmeyerleonard.com

Contact Jamie

Follow Jamie on LinkedIn

Follow Jamie’s Blog

You Don’t Know What You Don’t Know

22416

The first step to becoming the best 401(k) administrator, committee member or concerned party that you can be, is to understand what you have. To understand what you have, you must get organized. In fact, you are anything like me, you cannot get started on a project until everything is order (I had to sweep my floor before I could start writing this blog post this morning) which is why when working with our current clients or prospective clients, the first thing that we do is take inventory of the documents and records that are pertinent to the 401(k) plan.

Before going any further you may be asking, “Why is keeping up with my plan documents a big deal?” First and foremost, because the Department of Labor (DOL) says so.   It is required that all Retirement Plan Documents, i.e. the Basic Plan Document, Adoption Agreement, any Amendments and Summary Plan Descriptions (SPD), must be stored for the life of the plan and for at least six years after the plan terminates. It is also important that the documents that you maintain on file are fully executed with all required signatures and dates. The second category of documents that must be maintained by you, the plan sponsor, are the Annual Filings which include annual compliance testing results, form 5500, audits (if applicable), Summary Annual Reports (SAR), and all supporting documents for contributions and distributions.   This type of plan record should be maintained for at least six years.

The other reason that is paramount that you are easily able to access your plan documents, and I would argue the most important reason, is that the Adoption Agreement and subsequent Summary Plan Description serve as the instruction manual for your plan. The rules on everything from eligibility requirements to distribution options and employee contributions to employer contributions are contained with the Adoption Agreement and SPD. Without a working knowledge of these documents, it is nearly impossible to properly administer your 401(k) Plan.

Which brings us back to getting organized. We recommend to our clients maintaining a “fiduciary file” where all important plan related documents are easily accessible. You may be gather your plan documents from your third party administrator (TPA) and/or recordkeeper’s website; however, keep in mind that is ultimately the responsibility of the plan sponsor to have the documents and not that of your providers.

Need Direction in organizing your plan documents?

Give me a call at 205-970-9088, email jamie@grinkmeyerleonard.com.

Jamie Kertis, AIF®, QKAjamie kertis headshot
Retirement Plan Specialist
Grinkmeyer Leonard Financial
1950 Stonegate Drive / Suite 275 /Birmingham, AL 35242
Office: 205.970.9088 / Toll-Free: 866.695.5162
www.grinkmeyerleonard.com

Contact Jamie

Follow Jamie on LinkedIn

Follow Jamie’s Blog

IRS: Skip Optional Compliance Questions on the 5500, 5500-SF for 2015

IRS: Skip Optional Compliance Questions on the 5500, 5500-SF for 2015

5500b.jpg

For 2015, plan sponsors should skip the compliance questions that were just added to the Forms 5500 and 5500-SF, and to Schedules H, I and R for the 2015 plan year. Revised versions of the 2015 instructions for both forms contain the new information regarding the optional questions.

The Department of Labor (DOL) announced this change in a Feb. 16 message to software developers for EFAST-2, the electronic system by which Forms 5500 are submitted. While the DOL has not yet posted these revised versions on the website of the DOL’s Employee Benefits Security Administration (EBSA), the agency says that it plans to do so.

The revised instructions read as follows:

Form 5500

IRS Compliance Questions. New Lines 4o, 4p 6c, and 6d were added to Schedules H and I. The IRS has decided not to require plan sponsors to complete these questions for the 2015 plan year and plan sponsors should skip these questions when completing the form.

New Part VII (IRS Compliance Questions) was added to Schedule R for purposes of satisfying the reporting requirements of section 6058 of the Code. The IRS has decided not to require plan sponsors to complete these questions for the 2015 plan year and plan sponsors should skip these questions when completing the form.

Form 5500-SF

IRS Compliance Questions. New Lines 10j, 14c, 14d, and new Part IX (IRS Compliance Questions) were added to this Form for purposes of satisfying the reporting requirements of section 6058 of the Code. The IRS has decided not to require plan sponsors to complete this question for the 2015 plan year and plan sponsors should skip this question when completing the form.

The IRS added questions to the Form 5500 and its schedules relating solely to IRS compliance issues because the IRS now requires that certain filers submit the Form 5500 Series electronically. It had said that answering the IRS compliance questions it added to the form was optional for the 2015 plan year.

Jamie Kertis, AIF®, QKAjamie kertis headshot
Retirement Plan Specialist
Grinkmeyer Leonard Financial
1950 Stonegate Drive / Suite 275 /Birmingham, AL 35242
Office: 205.970.9088 / Toll-Free: 866.695.5162
www.grinkmeyerleonard.com

Contact Jamie

Follow Jamie on LinkedIn

Follow Jamie’s Blog

The Highs and Lows of Auto-Enrolls

checkThere is a fascinating social science study that was conducted by Eric Johnson and Daniel Goldstein that studied the willingness of people across European countries to donate their organs after they pass away (stay with me since I know this seems to have nothing to do with your 401(k) plan). They compared Denmark and Sweden, Austria and Germany, the Netherlands and Belgium and France and the U.K.; the countries were paired based on their similarities in culture, religion, and norms. However, despite the likenesses there were significant discrepancies in their organ donation opt-in rates: Denmark’s opt-in rate was 4.25% while Sweden was at 85.9%, Germany was at 12% while Austria was at 99.98%, the Netherlands was at 27.5% while Belgium was at 98%, and finally the UK was at 17.17% while France was at 99.91%. So what could possibly explain the significant differences in these similar countries? As it turns out, it was a simple difference in the design of the organ donation opt-in process on the form at the D.M.V. In the countries where the form in set as “opt-in”, check a box if you would like to donate, people tended not to check the box and therefore do not become part of the program. The countries where the box on the form read “opt-out”, check if you do not want to participate, people do not check the box and are automatically enrolled in the program. The conclusion of the study was not that people do not care about whether or not their organs are donated postmortem, but rather how small changes in our environment, “opt-in” versus “opt-out” can shape our decisions.

Which brings us to the discussion of automatic enrollment in a 401(k) plan and the subsequent effects on your plan – the highs and the lows. While the concept of automatic enrollment, or negative election, has been in place since the mid-1990s, the Pension Protection Act of 2006 encouraged and therefore accelerated the use of automatic enrollment provisions within 401(k) plans by removing some of the regulatory requirements. Furthermore, the IRS eased some of the restrictiveness of correction methods for automatic enrollment in Rev. Proc. 2015 – 28 (https://www.irs.gov/pub/irs-drop/rp-15-28.pdf). With the groundwork laid for the use of automatic enrollment, let’s examine the pros and cons to adding this plan design feature.

High – Increased Participation
The most obvious high of adding automatic enrollment to your 401(k) plan is an increase in participation. When making the decision to amend your plan to add the provision, there are two choices; make automatic enrollment effective for all eligible employees or just for those who become eligible after the provision is put in place. If you elect to enroll all eligible employees, there’s a better chance that you will see a dramatic impact in participation numbers. We work with a lumber company that opted to make the automatic enrollment provision effective for all eligible employees and their participation rate doubled virtually overnight. With greater participation, the plan may be more likely to pass annual compliance testing and will have an employee population that may be better prepared to retire.

Low – Stagnant Deferral Rates
The fear with adding automatic enrollment without auto-escalation, increasing deferral percentages on a set schedule until a certain level is reached, is that participants will get enrolled in the plan at the designated deferred percentage, typically 3%, and then never give another thought to increasing their deferral percentage. While 3% is certainly better than 0%, 3% will more than likely not get your participants to their retirement goals. In order to combat stagnant deferrals, a regular and meaningful education program should be put into place along with utilizing GAP analysis tools that can illustrate what your participant’s current deferral amount will equate to in retirement income.

High- Flexibility within the Automatic Enrollment Provisions
The number one reason that we hear as to why a company is hesitant to add an automatic enrollment provision is that they are afraid their employees will be frustrated that their money was contributed without their consent and now it is locked into a plan they don’t want to participate in. The easiest way to avoid this situation is by selecting the correct automatic enrollment arrangement. There are three types: basic automatic enrollment 401(k) plan, eligible automatic contributions arrangement (EACA) and qualified automatic contribution arrangement (QACA). The basic feature is what most employers understand automatic enrollment to be, a stated percentage of eligible employee’s wages will be automatically deducted from each paycheck unless the employee elects to not participate. The EACA allows automatically enrolled participants to withdraw their contributions with 30 to 90 days of the first contribution without penalty (standard tax rates apply); thereby solving the concern that participants may be unable to access their money.   Finally, the QACA plan design allows the plan to automatically pass certain annual compliance tests and must include features such as a fixed schedule of automatic employee contributions, employer contributions, a special vesting schedule, and specific notice requirements.

Low – Increased Plan Costs
There is a pretty good chance that as your plan adds participants and assets, the costs will rise in potentially a few ways. First, if your company offers a match, then the more participants there are contributing to the plan, the more the company will owe in company match. Second, depending on your contract with your 401(k) plan providers, more participants could mean higher cost if there is a per head fee and/or greater assets could lead to a higher dollar amount if the fees are based on plan assets. When your plan opts to add automatic enrollment, the plan should also consider renegotiating provider fees in order to make sure that the change in participation and assets will not negatively impact the appropriateness of the fees.

As with any plan provision, it is important that the plan committee closely examine all of the highs and lows of amending the 401(k) plan. Please let me know if I can be of any assistance in assessing whether adding automatic enrollment would be appropriate for you plan.

Jamie Kertis, AIF®, QKAjamie kertis headshot
Retirement Plan Specialist
Grinkmeyer Leonard Financial
1950 Stonegate Drive / Suite 275 /Birmingham, AL 35242
Office: 205.970.9088 / Toll-Free: 866.695.5162
www.grinkmeyerleonard.com

Contact Jamie

Follow Jamie on LinkedIn

Follow Jamie’s Blog