The U.S. Department of Labor (DOL) has resolved a lawsuit to
restore $138,000 owed to the employee benefit plan of Chicago ophthalmologist Nicholas
Caro.
Specifically, Caro was accused of “liquidating $263,951
from the plan’s investment accounts and transferring the funds to accounts held
in his own name, accounts held in the name of a former medical practice, various
accounts, including some accounts held by parties in interest.”
Per an investigation conducted by the department’s Employee
Benefits Security Administration (EBSA), Caro reportedly transferred the funds to pay
for, “among other things, the medical practice’s operating expenses, and … not to provide benefits to the plan’s participants or beneficiaries.”
The DOL notes that Caro filed for individual Chapter 7
bankruptcy protection in Illinois on July 15, 2011, and sought to discharge his
debt to the plan. In 2011, the DOL first filed a lawsuit to recover funds owed to the
defined benefit plan and to determine dischargeability of debt under Caro’s
bankruptcy case.
According to the DOL, on July 16, 2016, Caro restored
$138,567 in restitution from non-bankruptcy estate assets to the clerk of the
court for restitution to plan participants pursuant to a judgment entered in
a related criminal proceeding, captioned USA v.
Nicholas C. Caro, Case No. 12 CR 891, in the U.S. District Court for the
Northern District of Illinois.
“Excluding the percentage amount of principal benefits owed
to Caro and one other employee who received her benefit, the restitution was
sufficient to resolve his civil liability to the plan,” DOL says.
Many Strategies Can Encourage Young Employees to Save
A variety of personal life factors might make it hard for some
workers to save for retirement, but employers can utilize several promising
tactics to drive up savings rates.
As the student loan crisis intensifies and day-to-day
financial challenges remain the norm for many, employees are finding it
increasingly tough to save for retirement, or even enroll in a retirement plan.
In such a challenging environment, employers can play an
outsized role in improving financial health by incorporating several tactics to
drive motivation and confidence in financial planning.
“What is most important is knowing your audience, and it’s ‘different
strokes for different folks,’” says Geraldine O’Brien, vice president of
communications at Newport Group. “This is a job for your human resources
professionals because they know their employees best, and they know the best
way to connect with their employees.”
While the heavy burden of student loans may be heightening
debt for Millennials, causing some to avoid saving for retirement, automatic
enrollment gives a helpful nudge to this group. O’Brien observes that many
Millennials, once auto-enrolled, find they can actually afford to put at least
a little away for retirement while also reducing student debt.
“The number one way to get people to save for their
retirement and to enroll into their program is to have an auto-enrollment
feature, so an employee would have to opt out of the plan,” agrees Lisa Chui,
vice president of finance and human resources at Ubiquity Retirement and
Savings. “Even though it’s a small percentage, one percent, two percent
contribution, most of the time they will let it sit because they won’t see a
huge decrease in their paycheck.”
Chui believes that adding automatic deferral increases to
each participant’s enrollment is beneficial in accumulating retirement savings
as well. If an employee currently contributes 2% of their paycheck to
retirement savings and the number automatically bumps up to 3% in the new year,
most employees won’t even notice the difference because of the small amount,
Chui says.
For those employers who do not offer a system-wide
auto-enroll, Chui advises that presentation, information and efficiency are key
here.
“You can always just have it be sort of a manual auto
rollout, just have the HR person present it as something that you just need to
do,” she says. “They must focus on making it easy and making sure there are no
barriers to enrollment.”
NEXT: Match remains a
powerful incentive
Chui and O’Brien suggest utilizing at least a modest 401(k)
match; it may just be a percentage or two, but the effect is still powerful
when it comes to further incentivizing an employee to save.
“The message will go something like this. ‘You know, this 401(k)
match is essentially free money that you can’t afford to leave on the table.
You can add that onto your salary, because that’s going to be a percentage over
and above,’” says Chui.
O’Brien agrees. “If the employer has a company match—that’s
free money and it goes a long way to get people saving,” she says.
For newer employees, especially Millennials, the idea of
filling out piles and stacks of paperwork may seem daunting. That’s where
having an online presence helps a lot, Chui and O’Brien note.
“They want easy access, they want access 24/7, they want it
to be simple and fun, right?” says Chui. “It’s important for them to have a
platform where they can look at their account and make fast changes and just do
it in the click of a button, versus having to fill out paperwork.”
Whereas older generations may prefer in-person meetings and
physical copies of documents, younger age groups prefer quick access that can
be managed anytime.
“You want something that’s easy to read, easy to understand,
and which also is very welcoming as well as educational,” says O’Brien.
Along with auto-enroll, company match and acquiring an
online presence, Chui says educating employees on retirement saving and
financial wellness is really the core to these solutions.
“Having your HR professional understand the financial
importance of saving and for retirement, and to be able to actually speak to
the numbers and having that financial sense, really goes a long way,” she says.
“It’s one thing to say, ‘yeah it’s really important to save for retirement,’
versus, ‘it’s really important to save for retirement because here is the
financial impact.’”
For O’Brien, the most important tool in encouraging
employees to participate is personalization and continuity, where each plan is
catered to fit each participants’ needs and can offer support at every life
event (such as college graduation, marriage, or child expectancy) in the
future. With the use of the right provider, O’Brien believes these plans can be
customized to serve every type of worker.
“Come up with recommendations that are going to work for that
particular employee because one size does not fit all,” she concludes.
“Continue to communicate with the employee and participants throughout their
work life, so then you’re keeping them engaged and then reinforcing the
benefits of participating in the plan.”