House Bill Would Fund More SEC Exams

The Financial Planning Coalition welcomed the Investment Adviser Examination and Improvement Act of 2012, while the Bachus self-regulatory organization (SRO) bill got shelved.

The Adviser Examination Act—introduced by Rep. Maxine Waters (D-Calif.), and co-sponsored by House Financial Services Committee Ranking Member Barney Frank (D-Mass.) and Rep. Michael Capuano (D-Mass.)—would authorize the Securities and Exchange Commission (SEC) to collect user fees to increase examinations of registered investment advisers (RIAs).

By comparison, the Investment Adviser Oversight Act of 2012—introduced by Committee Chairman Spencer Bachus (R-Ala.) and Rep. Carolyn McCarthy (D-N.Y.), would authorize one or more SROs. (See “Bipartisan Bill Seeks Expanded Oversight of Advisers.”)         

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However, with the financial adviser industry so sharply divided over whether to create a new SRO, or rely on FINRA or the SEC, the Bachus bill has reportedly been shelved.

On the one hand, the Investment Adviser Association and the Financial Planning Coalition (FPC) support the Waters bill. “Creating a new SRO is not the right solution,” FPC said. “The burden of excessive regulation and cost would fall unfairly on small business owners, while many larger firms would be exempt and would go unaffected.”

On the other hand, the Financial Services Institute (FSI) is supporting the Bachus bill. Thus, a consensus is nowhere near at hand. “We’ve said from day one that this was a multi-year process,” said FSI spokesman Chris Paulitz. “What is encouraging with the release of Rep. Waters’ bill, is that now everyone agrees the status quo is not acceptable, and we must increase examination to protect investors.”

401(k) Loans Spike in Summer

 

The summer brings higher temperatures—and according to benchmarking data from Charles Schwab, it also brings a higher rate of 401(k) loans.

 

 

Requests for 401(k) loans jump about 16% from June to August, Charles Schwab found. To add to the problem, many borrowers are unable to repay the loans.

Catherine Golladay, Schwab vice president of Participant Services, told PLANADVISER this increase in 401(k) loans in the summer seems unrelated to economic downturn. Charles Schwab has been tracking this loan data since 2005, and Golladay said the 16% rate has remained the same on average—but why?

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College funding is one main reason participants take 401(k) loans in the summer, Golladay explained. Another reason is cash flow, as participants may have used their income tax refunds to bridge a gap earlier in the year and need additional funds in summer.

While taking out a 401(k) loan may seems like a quick an effective fix, Golladay cautioned that doing so can cause many long-term financial consequences:

Savings Freeze 

While people repay their loans, they usually stop contributing to their 401(k) plans. “When you’re taking a loan from your 401(k) plan, many times it’s because you’ve got challenges with cash flow,” Golladay said.

Tax Consequences 

Loans are paid back into a 401(k) with after-tax money, which ends up getting taxed again when it is withdrawn at retirement. Essentially, Golladay explained, participants will be double taxed. “It really does have what could be a devastating effect on your account,” she added.

 

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Little Time to Repay Loan 

A loan borrower who leaves his job—whether voluntarily or by termination—will likely be required to repay the 401(k) loan in one lump sum to the previous employer. “Very few employers allow you to pay it back in payments,” Golladay cautioned. The full loan amount is sometimes due as soon as 30 days after a borrower leaves the company.

Risk of Bigger Financial Problems 

Golladay said she has spoken with many people who took a loan from their 401(k) to pay one or two mortgage payments and avoid foreclosure. Unfortunately, taking this loan is not part of a long-term financial plan and only provides a short-term solution. In the end, many end up losing their houses anyway. “They’re really just kicking the can down the road for a month or two,” Golladay said.

How Plan Sponsors and Advisers Can Help   

Individuals tapping their 401(k) accounts likely are experiencing a larger financial issue, she said, which is where plan sponsors and advisers can help.

Advisers and sponsors can teach employees a broader sense of how to manage money to avoid taking a 401(k) loan, Golladay said. This can include encouraging employees to budget, have an emergency fund and pay off credit card debt.

Plan sponsors should also be aware of what is happening within their companies. Are 401(k) loan rates within the company similar to the broad trend? Golladay said this information can help sponsors and advisers design the best education strategy.

 

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Before the summer begins, sponsors should schedule a meeting to illustrate the pitfalls of taking 401(k) loans, she added.

In addition, sponsors should reconsider the loan provisions in their plans; advisers can provide them with benchmarking data to help determine the best plan design around this, Golladay said.

“I think from a plan sponsor perspective, certainly we would encourage employers to help think of a plan design that would help incent the behaviors that you want,” she added.

In the past, employers offered loan provisions to incent employees to participate, but Golladay said automatic features may be incentive enough. “I’m not so sure that [kind of] thinking is as important as it was years ago,” she added.

 

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