Re-enrollments Remain a Poorly Leveraged Plan Booster

Only 7% of plan sponsors answering a J.P. Morgan survey have previously conducted a re-enrollment.

Plan sponsors cite a variety of reasons when asked why they have not conducted a re-enrollment, according to newly released J.P. Morgan research, but much of the hesitancy results from poor understanding of how to plan and enact the re-enrollment effort.

More than one-quarter (28%) of the 750-plus respondents to J.P. Morgan Asset Management’s 2015 Defined Contribution Plan Sponsor Survey said they have considered a re-enrollment but did not pull the trigger—often based on a basic level of satisfaction with their plan’s overall asset allocation. The research finds this plan-level satisfaction with the way assets are being directed is probably higher than it should be, as 53% of sponsors in the same sample worry about their individual participants’ ability to make sound asset-allocation decisions.

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Discussing the research results with PLANADVISER, Catherine Peterson, global head of insights programs, said there are both positive and negative elements in the data. She suggested a greater understanding of the mechanics of re-enrollments would go a long way to convince more plan sponsors to use the helpful option, which would in turn boost outcomes for large groups of at-risk participants.

First, she said, re-enrollments drive retirement investors into a plan’s qualified default investment alternative (QDIA), which Peterson believes is generally the best place for non-professional investors to direct their money. Second, participants tend to move to a more appropriate deferral percentage under a re-enrollment, especially when plan sponsors set this as a specific goal in the re-enrollment effort. Beyond these benefits, Peterson noted, re-enrollments tend to see far less participant push back than many plan sponsors expect—a testament to the thirst for guidance and support across the wider retirement planning marketplace.

She said sponsors should feel confident enough in their QDIA designation decision that seeing a majority of the plan’s assets and future contributions move into the option won’t cause concern—and the selection and ongoing monitoring processes must be carefully documented. Sponsors should also set a default deferral rate they would be comfortable seeing much or all of their plan population take up. When all these elements come together, a re-enrollment can completely reinvigorate a struggling plan, Peterson said, driving participant rates up to 80% or 90% in many cases.

NEXT: What’s holding sponsors back?

“Misalignment still appears to exist between the retirement outcomes plan sponsors want to help employees achieve and the relative importance they assign to different plan goals and success criteria,” Peterson explained. “While many plan sponsors have taken steps to strengthen their plans, our data shows there is still room for improvement.”

Twelve percent of plan sponsors said they have considered but skipped a re-enrollment because the strategy is “too risky from a fiduciary perspective.” This is despite the fact that the Department of Labor (DOL) has established a safe harbor under the Employee Retirement Income Security Act (ERISA) specifically for sponsors directing participant dollars into a properly constructed QDIA.

“It’s disappointing to see this group hesitating because of perceived fiduciary risk,” Peterson said. “At the same time, it’s not surprising, given 53% of respondents are not aware of the potential to receive fiduciary protection for conducting a re-enrollment, under the DOL safe harbor.”

Also holding plan sponsors back from doing more could be the strong focus on participant choice versus plan sponsor direction, Peterson said. Less than half (44%) of respondents describe their philosophy on driving participant decisions as “proactively placing participants on a strong savings and investing path.’

“We hear from plan sponsors every day that they encourage participants to save and invest wisely, but the reality is participants just aren’t doing it themselves,” Peterson warned. “Plan sponsors have an opportunity to set participants up for a higher likelihood of success by implementing strategies that proactively place participants on the right path.”

To access the full whitepaper and to explore the findings by plan size and theme, click here.

World’s Largest Coal Company Faces ERISA Suit

A former employee of Peabody Energy is suing the coal producer over company stock investments in its DC plans.

Peabody Energy Corporation is facing a class action lawsuit alleging violations of the Employee Retirement Income Security Act (ERISA) by continuing to offer company stock as an investment in several defined contribution (DC) plans. 

The plaintiff filed the lawsuit on behalf of participants in the Peabody Investments Corp. Employee Retirement Account; the Peabody Western-UMWA 401(k) Plan; and the Big Ridge, Inc. 401(k) Profit Sharing Plan and Trust, alleging plan officials breached their fiduciary duties by continuing to offer Peabody Stock as an investment option for the plans when it was imprudent to do so, and maintaining the plans’ pre-existing significant investment in Peabody Stock when it was no longer a prudent investment. 

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The lawsuit also alleges that certain defendants failed to avoid or ameliorate inherent conflicts of interests which crippled their ability to function as independent, single-minded fiduciaries with only the plans’ and their participants’ best interests in mind. In addition, it alleges that certain defendants breached their fiduciary duties by failing to adequately monitor other persons to whom management/administration of the plans’ assets was delegated. 

According to the complaint, the fiduciaries knew or should have known that Peabody stock was imprudent as a retirement investment vehicle because of the “sea-change in the basic risk profile and business prospects of the company caused by the collapse of coal prices, the company’s deteriorating Altman Zscore—a financial formula commonly used by financial professionals to predict whether a company is likely to go into bankruptcy—which indicated that Peabody Energy was and is in danger of bankruptcy, an excessive increase in the company’s debt to equity ratio, and increased costs due to the ill-advised acquisition of Australian company Macarthur Coal Ltd.” 

The lawsuit says that as a consequence the plans are their participants have suffered tens of millions of dollars of losses as the market price of Peabody Energy has fallen from approximately $26.56 on December 14, 2012, the first day of the Class Period, to $3.21 (both adjusted closes) on June 10, 2015, the most recent trading day preceding the date of the lawsuit filing—a decline of 88%. 

The lawsuit names as defendants company officers, directors, and employees who were fiduciaries of the plans during the class period, including members of the plans’ administrative committee. It asks that fiduciaries restore the values of the plans’ assets to what they would have been if the plans had been properly administered.

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