Could Majority of TDFs Include Income Annuity in 10 Years?

Recordkeeper builds and government backing will be key elements of TDFs with annuity options taking hold, according to a panel at the PLANSPONSOR 2024 National Conference.

It may be more common than not for target-date funds to have an embedded annuity as a retirement income option in the next five to 10 years, according to panelists speaking at the 2024 PLANSPONSOR National Conference on Wednesday.

The panel was made up of two proponents of the space—a provider and newly named head of the Institutional Retirement Income Council—and an independent plan adviser. All made the case that a need in the U.S. for a pension-like distribution option for the 401(k) system along with regulatory support will lead to the majority of TDFs in the next decade having an embedded retirement income annuity option.  

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“Participants already think some kind of guaranteed income is built in it their plan,” said Sean Bjork, head of Bjork Asset Management. “My gut is that we will end up with some hybrid solution where the annuity stream is treated like any other asset class.”

Retirement income management for participants is widely seen as a problem for America’s 401(k) system, which relies on automatic enrollment and “set-and-forget-it” investments dominating the fund pool. Distribution, however, is most often left to participants, with just 6.7% of plan sponsors offering an in-plan annuity option, and another 26% offering them via a managed account service, according to the 2024 PLANSPONSOR DC Benchmarking survey.

Meanwhile, a mix of insurers and asset managers in recent years have been flooding the market with TDFs with an annuity element including AllianceBernstein LP, BlackRock Inc., Income America LLC, State Street Corp. and TIAA/Nuveen.

Adviser Bjork believes some of those TDFs with an annuity sleeve that kicks in when a person is further in their career will become standard as a qualified default investment alternative. Further, he sees the payout being automated at a certain percent unless participants decide to opt-out or take a different path.

“We’ve done so well with the accumulation phase,” Bjork says. “But we have not been able to solve for the decumulation phase, and I see this happening to provide people a regular paycheck [along with Social Security].”

Brendan McCarthy, head of retirement investing for Nuveen, also sees a handful of TDF products like the one his firm offers leading the space within the next five to ten years. When it comes to the payout, however, he believes it will remain an opt-in situation for near retirees, who will need to consider it alongside Social Security and other assets.

“The majority of TDFs will be income-target-date funds in the next five to ten years—but you are likely not doing the income automatically,” McCarthy said. “You will be steered toward that income option automatically, but you still have that option of whether you want to ‘hit play’ on the income solution.”

McCarthy stressed that there is still a lot of education and communication needed around the option, but that providers and recordkeepers are improving in this area. Meanwhile, plan advisers and consultants are becoming more versed in the potential income option.

Product Here, Platform Needed

Both Fidelity Investments and Empower have recently made announcements about offering in-plan annuities, among other distribution options.

At least some insurance companies appear to be backing the push for institutional retirement plan annuities. In a separate study of annuity providers released Wednesday by Goldman Sachs Asset Management, the researchers found that 70% of 34 insurance companies surveyed now offer an in-plan income annuity solution.

“The data shows how US annuity providers are focusing on long-term goals and solutions, and balancing macroeconomic risks, to help drive retirement outcomes for underlying investors,” said Marci Green, head of retirement intermediary and insurance distribution of Goldman Sachs Asset Management, in a statement.

The report also emphasized the continued sale of retail annuities, which have been hitting records amid higher interest rates.

One stumbling block to the in-plan TDF products being available, the panelists at the PLANSPONSOR conference noted, is that recordkeepers will have to go through complex builds to make them available to plan sponsors.

“These are incredibly complicated to build,” Bjork told the audience of plan sponsors. “If you are in charge of a multi-billion-dollar plan, then you are in a good position to go in say, ‘this is the one I want.’”

Recordkeeper availability creates a further issue of portability, because if a participant is put into an annuity and then leaves their recordkeeper, it can’t travel with them unless their new recordkeeper can accommodate the product.

Kevin Crain, recently named executive director of the Institutional Retirement Income Council, noted that, with the biggest recordkeepers already starting the process, more will follow. They won’t only offer TDFs with annuities but provide a “suite” of offerings to plan sponsors to help participants with retirement income, in his view.

Meanwhile, he sees retirement income projection tools continuing to evolve to help retirees figure out a plan for retirement income.

Role for Regulators

Crain noted another key area for these offerings to take hold—continued regulatory support so plan sponsors and advisers will feel supported as fiduciaries. He referred to the push by policymakers in recent years via federal legislation for annuitizing within plans to try and address decumulation needs.

“Historically, retirement income options were not offered understandably because plan sponsors were asking, ‘What is my responsibility? There’s so much litigation out there, am I going to take this on in terms of adding an annuity?’” he said. “The government is sensitive to that, and they are trying to provide more relief and safe harbors in terms of somewhat lessening the responsibility on plan sponsors.”

Despite the bullish outlook, the panel acknowledged that “annuities” are still often seen as a bad word due to perceptions of higher fees, commission-based sales and lock-up periods.

McCarthy argued that these types of annuities differ in that they are institutionally priced and not being sold on a commission basis. He also noted that, if offered, they will be done so by providers, plan sponsors and consultants operating under the Employee Retirement Income Security Act.

“You do have as your fiduciary responsibility the obligation to look at the top providers,” he told the plan sponsors. “Regardless of what’s available from your recordkeeper you want to look at what is out there.”

The panelists also agreed that the industry was still in its early stages and will need to ramp up fast to meet the 5-to-ten year window.

“I don’t even think we’re in early innings, we’re still in batting practice,” Bjork said. “You can get out there and explore what is being offered.”

SEC’s Private Fund Adviser Rule Struck Down by 5th Circuit Appeals Court

The 5th Circuit vacated the rule completely on Wednesday after being challenged by an association of private fund managers and other plaintiffs.

The U.S. 5th Circuit Court of Appeals vacated the Securities and Exchange Commission’s Private Fund Adviser rule on Wednesday. The rule had been finalized in August and was challenged in court by the National Association of Private Fund Managers and other plaintiffs in September.

The rule regarding advisement of private investment funds had required advisers  to issue quarterly performance statements to investors in the fund as well as an annual audit. Advisers were also prohibited from giving preferential treatment to some investors regarding share redemption and access to information about the fund’s holdings if doing so would negatively affect other investors. Those advisers were also limited in their capacity to pass on enforcement related expenses to investors without their explicit consent.

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On Wednesday, a panel of the Court vacated the rule in its entirety by a 3-0 vote. The panel noted that the Dodd-Frank Act gave the SEC limited new authorities over private fund advisers, such as requiring them to register with the SEC and to issue rules to prevent fraud.

It did not, however, extend to the point where the SEC was seeking to regulate, according to the court, which wrote: “The Dodd-Frank Act only stepped towards regulating the relationship between the advisers and the private funds they advise,” and not the investors in said fund.

The Court added that the statutory language that the SEC cited in defense of the rule applies only to retail investors and not to investors in private funds, who are virtually never retail investors.

Private fund advisers normally consider the fund itself as their client, rather than the investors in the fund. Investors in private funds tend to be more sophisticated institutional or accredited investors, though some institutional investors such as pensions represent non-sophisticated investors.

Joshua Broaded, head of global regulatory compliance at ACA Group, says that private fund investors are often some of the most sophisticated and “can ask for the things that they want and need” in terms of additional disclosures, but that there is a “spectrum of power and sophistication” among them. Some, including smaller institutions or high net-worth individuals, are not nearly as sophisticated and do not have the negotiating power to request additional disclosures. Those were the types of investors the SEC was seeking to protect, but according to the 5th Circuit does not have the authority.

Broaded adds that the rule was mostly popular with institutional investors, who were broadly demanding more transparency, especially around fees and performance.

The SEC has not announced if they intend to appeal the ruling.

Broaded says that this rule represented many of the most “important and fundamental objectives for the SEC,” such as “fairness in how investors are treated” and disclosures that are “consistent from adviser to adviser.” The SEC will need some time “to digest this ruling,” Broaded says, but it has the options of appealing to the Supreme Court, appealing to the full Circuit (as opposed to a panel), or not appealing at all.

Broaded says that even though the rule was vacated, he expects investors to continue to ask for the key features in the rule and he anticipates “some of the intent of the rule will come into common practice.”

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