Practice Lessons Learned From the Pandemic

Virtual meetings and more personalized financial wellness programs are expected to continue.

This has been a challenging year, without a doubt, but even with all the downsides, retirement plan industry executives think retirement plan advisory practices have responded well to the COVID-19 pandemic.

In fact, many believe some of the business practices put in place this year will continue once the pandemic is behind us.

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David Swallow, managing director, consulting relations at TIAA, says virtual meetings with plan sponsors and participants have become much more prevalent and are likely to continue once the pandemic is over. However, because the retirement plan industry is such a relationship-based industry, many advisers are looking forward to the opportunity to meet face-to-face with clients once again.

“It may be on a more limited basis,” Swallow says. “Instead of occurring four times a year, in-person meetings might be only twice a year, with two virtual meetings in the other quarters.”

Swallow says that with all the time advisers have saved on traveling to sponsor client and participant meetings, they may have been able to do more prospecting. He notes that many advisers have also leaned into discussions about in-plan lifetime income solutions.

“Advisers cannot just bringing a boilerplate solution to sponsors,” Swallow says. “It is about meeting them where they are and addressing new developments, like the lifetime income allowed under the SECURE [Setting Every Community Up for Retirement Enhancement] Act. This way, advisers have a better chance to land new clients, even in a year when travel is restricted.”

Jordan Alhadeff, founder and adviser at Murray St. Capital Advisors, says advisers have done well this year by focusing on the fundamental challenges their plan sponsors face—namely, uncertainty about the markets, the pandemic and the economy.

Alhadeff says he has made it a standing practice of his to reach out one-on-one to participants when the market is under stress.

“Be it questions about the debt ceiling, a terrorist attack or COVID-19, it seems that every year, the market faces at least a short time of uncertainty,” he says. “When I see back-to-back days of a sea of red, I make an effort to clear my schedule and call clients and participants to set their minds at ease. I keep the conversation focused and short, so I can move on.”

Michael Roth, head of retirement at Tegra118, a financial technology platform, says the pandemic is weeding out advisers who have not been able to shine in virtual meetings. This year has also heightened the need for retirement plan advisers to help plan participants with more than just saving for retirement, he says. For example, many employers are interested in helping their workers build an emergency savings fund that can help them navigate potential short- and medium-term income disruptions. There is also broader interest in helping employees assess their overall financial wellness.

Roth says this has become so important during the past year that he thinks participants and sponsors will expect advisers to deliver personalized financial health solutions, even after the pandemic is over.

DOL Publishes Final Fiduciary Prohibited Transaction Exemption

The final rule confirms the reinstatement of the traditional five-part test for determining fiduciary status, though it does not definitively state that advice regarding IRA rollovers necessarily triggers fiduciary status.

The U.S. Department of Labor (DOL) has published the final version of a new prohibited transaction exemption.

The text of the exemption notice stretches to nearly 300 pages, so it will naturally take some time for the full implications to be realized. However, a preliminary review suggests the final version resembles the version proposed this summer. The text of the notice also reiterates the DOL’s reinstatement of the traditional “five-part test” for determining fiduciary status, and the package includes the establishment of a new prohibited transaction exemption that aligns with the Securities and Exchange Commission (SEC)’s Regulation Best Interest (Reg BI).

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Under the DOL’s five-part test, for assistance or instruction to constitute “fiduciary investment advice,” a financial institution or investment professional who is not a fiduciary under another provision of the law must trigger all of the following stipulations:

  • Render advice to the plan as to the value of securities or other property, or make recommendations as to the advisability of investing in, purchasing or selling securities or other property;
  • On a regular basis;
  • Pursuant to a mutual agreement, arrangement or understanding with the plan, plan fiduciary or individual retirement account (IRA) owner, that;
  • The advice will serve as a primary basis for investment decisions with respect to plan or IRA assets, and that;
  • The advice will be individualized based on the particular needs of the plan or IRA.

According to a fact sheet shared by the DOL, advice pertaining to IRA rollovers will not necessarily trigger fiduciary status under the new paradigm. Here’s how the fact sheet describes whether rollover-related guidance is in fact fiduciary investment advice: “Advice to take a distribution from an employee benefit plan and roll over the assets to an IRA may be an isolated and independent transaction that would fail to meet the regular-basis prong of the five-part test. On the other hand, advice to roll over employee benefit plan assets can occur as part of an ongoing relationship or an anticipated ongoing relationship that an individual enjoys with his or her advice provider.”

It is likely that this provision of the rulemaking will receive significant scrutiny in the coming days and weeks, given the interest consumer protection organizations have in addressing potential abuse related to IRA rollovers into higher-fee products and services.

According to the fact sheet, the new proposed class exemption would be available to registered investment advisers (RIAs), broker/dealers (B/Ds), insurance companies, banks and individual investment professionals who are their employees or agents.

“The new proposed class exemption would permit investment advice fiduciaries to receive compensation as a result of providing fiduciary investment advice, including fiduciary investment advice to roll over a participant’s account in an employee benefit plan to an IRA and other similar types of rollover recommendations,” the fact sheet states. “The new proposed class exemption would also permit investment advice fiduciaries to enter into ‘principal transactions’ in which they could sell or purchase certain securities and other investments from their own inventories to or from plans and IRAs.”

The DOL says the proposed class exemption would require fiduciary investment advice to be provided in accordance with the following criteria: “A best interest standard, a reasonable compensation standard and a requirement to make no materially misleading statements about recommended investment transactions and other relevant matters.” Ostensibly, by complying with Reg BI, advisers or other investment professionals will satisfy all three of these criteria.

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