Pontera CEO: Advisers Agnostic as to Where Retirement Assets Sit

The fintech firm connecting advisers to 401(k) account management announced another in a string of partnerships Thursday with Founders Financial, an RIA.

Pontera CEO Yoav Zurel and his team of roughly 200 people have been penning a string of partnerships in both retirement and wealth management in recent years, using the company’s technology to help advisers trade and manage assets within clients’ defined contribution accounts.

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In March 2022, Pontera announced SageView Advisory Group would have access to manage “off platform” retirement accounts, along with other assets through professionally managed accounts. A month later, it announced a partnership with Morningstar Inc. through which financial advisers can access client retirement accounts through Morningstar Office. In February, Pontera and wealth management technology and services firm Envestnet announced a strategic partnership in which Pontera’s technology integrates into Envestnet’s financial wellness platform.

Yoav Zurel. Photo by Maya Rado.

On Thursday, Pontera announced yet another partnership, this time with registered investment adviser and broker/dealer Founders Financial Securities LLC, which manages more than $4 billion in assets, a figure that, according to the announcement, “does not yet encompass retirement plan accounts.”

“Founders seeks to empower Member Partners and help them further serve those looking for help with their 401(k)s,” Founders Financial wrote in the announcement. “In partnership with Pontera, Member Partners can easily and securely manage held-away retirement assets as part of the full financial picture of their client relationships.”

When asked about the contractual terms for these partnerships, Pontera CEO Zurel stresses that they are generally not long-term, stringent agreements. He equates the relationships to those of wealth managers and their clients: “No one is locked in, and we always have to prove ourselves to our customers,” he says. “Our view is that we always want to make sure that we have the best possible experience. … We like it this way because it keeps us innovating and improving the customer experience.”

Professional Management

A key to Pontera’s offering is turning the keys of 401(k) management over to advisers so they can provide both holistic and compliant services, according to Zurel.

In SageView’s announcement, the retirement, insurance and wealth management aggregator noted that Pontera’s technology gives advisers the opportunity to locate all of a client’s assets, as well as provide professionally managed account services, which “outperform self-directed accounts by 3% or more annually, net of fees,” according to the advisory.

“Advisers must be able to present a comprehensive plan that delivers the best possible solution for their clients,” Jim Dario, head of wealth management at SageView, said in a statement announcing the partnership. “This is extremely difficult to do without incorporating a client’s held away accounts, which often make up a significant portion of their assets.”

Zurel says, in his dealings with advisories, a shift has occurred in which advisers are  focused less on where retirement assets sit and more on how to manage those assets, directly or through a plan sponsor.

Advisers are also focused, he notes, on ensuring compliance, cybersecurity and operational seamlessness, all of which he cites as selling points for Pontera.

Not Rolling Over

In the past, Zurel notes, advisers traditionally wanted clients to roll over retirement funds so the advisers could better manage—and therefore monetize—clients’ savings. But an increase in regulatory scrutiny from the Department of Labor on rollovers has partially crimped that push, he says.

Meanwhile, the advancement of defined contribution savings accounts and the ability for advisers to make relatively more complex decisions for clients within plans have evolved advisers’ priorities.

“Now that advisers don’t really care where the 401(k) is at, they are more incentivized to look deeper into the plan,” he says. “Maybe the plan sponsor negotiated with the recordkeeper and got an amazing fund lineup. You sometimes see unique, proprietary funds at a lower cost. … Sometimes the adviser looks at the plan and says, ‘This is much better than what I can offer through an IRA, so let’s just keep you where you are.’”

To be sure, there is still an intense focus on capturing rollovers within retirement and wealth management. IRA account assets are the largest segment of the retirement market, increasing to 38% from 31% of the market in the past 10 years to hit $13.9 trillion in 2021, according to Cerulli Associates. The consultancy estimates that share will grow to 47% by 2027.

In July, Pontera released its own research on the topic. In a survey of 124 advisers it found that 59% opted not to roll over a client’s 401(k) into an IRA in 2022.

Zurel notes that, among advisers his team works with, most are not actually looking to client leads. Instead, they want a better way to identify and manage retirement savings assets through professionally managed accounts with strong compliance and administrative backing.

“That is basically the pitch,” he says. “We can help them create and improve the service level for existing customers.”



EBSA Mulls Modifying PRT Rules

Many stakeholders advised the DOL on how to change fiduciary standards for annuity provider selection.


The ERISA Advisory Council this week hosted a consultation with stakeholders in the pension and insurance industries to discuss possible modifications to Interpretative Bulletin 95-1.

IB 95-1, issued by the Department of Labor in 1995, describes the fiduciary standards for selecting an annuity provider for a pension risk transfer. The rule requires pensions to consider the provider’s: investment portfolio, size relative to the annuity contract, level of capital and surplus, liability exposure, availability of state government guaranty associations.

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The SECURE 2.0 Act of 2022 requires the Department of Labor to review IB 95-1 and recommend possible modifications to Congress by the end of 2023.

At the hearing, there were some commonly recommended modifications informed by changes to the insurance market since 1995. The modifications included: consideration of the ownership structure and business model of the insurance company, the insurer’s use of re-insurance, and the insurer’s use of off-shore and arbitrage strategies. The investment portfolio of the insurance company, already required to be considered under IB 95-1, was also highlighted by multiple speakers as an essential consideration.

David Certner, the legislative policy director at AARP, said at the hearing that PRTs are generally done to de-risk plans and not for the benefit of participants. He says that PRTs are not a per se violation of fiduciary duty because the transfers are something that plans are empowered to do, even though they might not benefit participants, similar to how terminating a plan generally does not benefit participants.

Plans “generally do this for their own purposes” to avoid carrying liability but while this “may have been an interesting question 40 years ago” it has been “settled law for quite some time now that plans are permitted to do this.”

Certner explains that IB 95-1 does not lay out criteria for whether or not to annuitize a pension but what a fiduciary must consider when selecting an annuity provider once that decision has been made. Like other speakers, Certner recommended that the DOL add review of insurance company ownership structure, re-insurance, and track record of managing long term commitments to a new bulletin.

Norman Stein, a senior policy advisor and acting legal director at the Pension Rights Center, emphasized the fact that when a pension annuitizes, pensioners’ benefits no longer have the legal protections of ERISA, since annuities are an insurance product, which is not covered by the Employee Retirement Income Security Act. He argued that ERISA fiduciaries should be required to obtain as many ERISA-like contractual guarantees from insurance companies upon annuitizing.

Stein also noted that the PBGC backs up pensions but not annuities and said, “as a participant, I would rather have a government guarantee.” He recommended that an annuity provider should be required to insure the annuity with another insurer so that if the first insurer becomes insolvent, the annuity would be backed up at levels resembling PBGC minimum requirements, such that the annuity effectively has a market equivalent of PBGC protection.

The loss of ERISA protections upon annuitizing was also highlighted by Edward Stone, the founder of Retirees for Justice. He said that the DOL should require fiduciaries to publish a written report describing their reasoning for annuitizing. He recognized that this was an unusual requirement but argued that it was justified because of the extraordinary protections of ERISA that the participant would be losing.

Michael Calabrese, a legislative strategist with the National Retiree Legislative Network, expanded on the arguments made by Stein. He recommended creating a fiduciary safe harbor for plans that obtain explicit ERISA-like protections in their annuitization contract.

Several representatives of the life insurance industry were present at the hearing and bristled at the sometimes harsh criticism of their industry. Mariana Gomez-Vock and Howard Bard, two vice-presidents of the American Council of Life Insurers, noted that no insurance company has failed to make a pension payment after a PRT due to a solvency issue.

They added that “reinsurance is a complicated but essential feature” of the insurance industry that has been around “for over 200 years.” If an annuity provider purchases re-insurance, the original provider “is still on the hook 100%” for their obligations, they explained.

The DOL is required to issue a report to Congress by the end of the year offering recommendations for an update to IB 95-1.

 

 

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