Bill Would Require Disclosure of Participants' Expected Retirement Income

A new bill aims to inform participants of how their account balances translate into actual income in retirement. 

U.S. Senators Jeff Bingaman (D-New Mexico), Johnny Isakson (R-Georgia), and Herb Kohl (D-Wisconsin) have introduced legislation that would require defined contribution plan sponsors to inform plan participants of the projected monthly income they could expect at retirement based on their current account balance.

Specifically, according to a press release, under the Lifetime Income Disclosure Act, defined contribution plans subject to the Employee Retirement Income Security Act (ERISA) would be required annually to inform participants of how the account balance would translate into guaranteed monthly payments based on age at retirement and other factors. To ensure there is no material burden or potential liability on employers who voluntarily sponsor 401 (k) plans, the legislation directs the Department of Labor to issue tables that employers may use in calculating an annuity equivalent, as well as a model disclosure.

Employers and service providers using the model disclosure and following the prescribed assumptions and DOL rules would be insulated from liability.

According to the announcement, the measure is patterned on the Social Security Administration’s annual statements, which are mailed annually to working Americans to inform them of estimated monthly benefits based on their current earnings. “By providing similar information for 401(k) plans, the Lifetime Income Disclosure Act would give American workers a more complete snapshot of their projected income in retirement,” the announcement said.

The press release included statements backing the legislation from the AARP, the Women’s Institute for a Secure Retirement, and the Retirement Security Project.

“Including a disclosure of how much monthly income a worker can expect from 401(k) savings will encourage younger workers to save more for retirement, and older ones to convert their savings into annuity-like products so that they won’t outlive their savings. The Act will build greater retirement security for everyone at virtually no cost to the taxpayers, employers, or workers,” said David John, senior research fellow at the Heritage Foundation and principal of the Retirement Security Project, in the news release.

Some financial firms are in support of better disclosure of retirement income to participants and have already moved to supply projected retirement income on account statements. Prudential Retirement said today that its defined contribution statements already provide plan participants with a snapshot of their projected retirement income. “The Lifetime Income Disclosure Act would go a long way to putting Americans on a more secure path to retirement,” said Christine Marcks, president of Prudential Retirement. “We believe that providing greater clarity around projected income in retirement will help Americans better understand the need for increased savings to achieve their retirement goals.”

The proposed legislation is here.

DoL to Outline Regulatory Agenda

On Monday, the U.S. Department of Labor will present video remarks by Secretary Hilda L. Solis outlining the department’s regulatory agenda.

The video remarks will start at 10 a.m. EST at http://www.dol.gov/regulations. From 2 p.m. to 3 p.m. EST at the same Web location, the secretary will host a live Web chat, open to the public, to discuss the contents of the agenda.

The announcement of the event said Solis’ Web chat will be followed on December 7, 8, and 9 (at the same Web address) by chats hosted by the heads of DoL agencies the Occupational Safety and Health Administration, the Office of Labor-Management Standards, the Wage and Hour Division, the Employment and Training Administration, the Mine Safety and Health Administration, the Office of Federal Contract Compliance Programs, and the Employee Benefits Security Administration.

The Web events are scheduled a little more than two weeks after the department was blasted for the EBSA’s withdrawal of final regulations regarding the provision of investment advice to defined contribution plan participants (see “EBSA Pulls Back Controversial Advice Mandate”). The question of what priority the issuance of new rules has in the DoL’s agenda may be answered by the events.

Among other retirement plan issues, the department has been called on to look into standards for target-date funds. The DoL and the Securities and Exchange Commission (SEC) earlier this year held a joint hearing on target-date fund issues (see “Target-Dates Useful but Flawed, Witnesses Tell SEC and DoL”).

According to the announcement, the public can submit questions via e-mail beginning at 10 a.m. on December 7 to Webmaster@dol.gov.

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