Tuesday, July 13, 2010

Feds looking at your retirement accounts.

I warned you nearly two years ago the Democrats would be looking at your private retirement accounts. Sure enough, the Department of Labor stated in a proposed rule in the Federal Register it is

"currently reviewing the rules under the Employee Retirement Income Security Act (ERISA) and the plan qualification rules under the Internal Revenue Code (Code) to determine whether, and, if so, how, the Agencies could or should enhance, by regulation or otherwise, the retirement security of participants in employer-sponsored retirement plans and in individual retirement arrangements (IRAs) by facilitating access to, and use of, lifetime income or other arrangements designed to provide a lifetime stream of income after retirement. The purpose of this request for information is to solicit views, suggestions and comments from plan participants, employers and other plan sponsors, plan service providers, and members of the financial community, as well as the general public, on this important issue."


What exactly does "enhance, by regulation or otherwise" mean? Could it be some simple regulations on fees, disclosures, and investment advice or a mandate to employers telling them what kind of plans they can offer?  The proposed rule provides some "background" as a justification for this meddling and an indication of where the Department of Labor is going:

"Department of Labor data, however, show a trend away from sponsorship of defined benefit plans, toward sponsorship of defined contribution plans. The number of active participants in defined benefit plans fell from about 27 million in 1975 to approximately 20 million in 2006, whereas the number of active participants in defined contribution plans increased from about 11 million in 1975 to 66 million in 2006."

Ruh-roh. The good ole pensions v. 401k debate. The government provides its justification in the next paragraph:

"While defined contribution plans have some strengths relative to defined benefit plans, participants in defined contribution plans bear the investment risk because there is no promise by the employer as to the adequacy of the account balance that will be available or the income stream that can be provided after retirement...


Accordingly, with the continuing trend away from traditional defined benefit plans to 401(k) defined contribution plans and hybrid plans, including the associated trend away from annuities toward lump sum distributions, employees are not only increasingly responsible for the adequacy of their savings at the time of retirement, but also for ensuring that their savings last throughout their retirement years and, in many cases, the remaining lifetimes of their spouses and dependents."

Seems the government has a problem with you being responsible for your own money. Can't have the rubes making their own decisions on their own retirement planning, can we? Its pretty clear from the Department's language it favors pensions over 401k's and other IRA's. Copy of notice in Federal Register. It should be pointed out this is simply a "Request for Information" and NOT a proposed rule. The Department is asking for comments on the pros and cons of all types of retirement plans. However, this is the first step the government would take if it were to follow Dr. Ghilarducci's advice (see earlier post) and Congressman George Miller's goal of removing the tax breaks for IRA's and push everyone into a Government-Retirement Account. They think your money is really their money.

14 comments:

Anonymous said...

Would a Government-Retirement Account get borrowed against like other accounts that the government manages?

Anonymous said...

Oh crap, here we go again!

Anonymous said...

I doesn't necessarily have to be a grab by the government, esp if a big insurance company is behind this, one that sells a boatload of annuities. Think guaranteed stream of income vs. required distribution at retirement.

Although I'm always up for a good gov't conspiracy.

KaptKangaroo said...

I'll gladly pay you Tuesday for a Hamburger today.

First glance, it looks like they want to take self-directed plans and leverage them against a government backed security system. If you see SSI creep into this discussion you know what they are attempting to do. Who or what is going to fund all those SSI payments in the next few decades??? Hmmm.

Anonymous said...

Gee, I would hope it means we might have more opportunity to self-direct. I would hope the tax penalties on early withdrawal would be revisited and I would hope the tax rate would be changed.I would wish we could invest in STOCKS rather than FUNDS and that fees would be tied to performance rather than amount paid in.

Anonymous said...

4:41,

In some plans you do have the option for stocks via a self directed brokerage account, which is usually available for an additional fee. Ask you plan sponsor if you can open one.

Also, in 401(k) plans that have funds that trade daily at NAV (which means no front loads), the fees that are associated with the funds (not to be confused with plan admin fees or RIA fees) are directly related to the share class you are purchasing. And that usually depends on one thing: your plan size (in assets). The larger the plan, the better your share class in terms of the expense ratio (which is directly tied to performance). Most retirement plans are now written in the special "Retirement" (or R share) class. However, if you work for a large employer then you could be one of the lucky few buying institutional shares, which have extremely low expense ratios.

Anonymous said...

Welcome to Socialist America!! Where is the incentive to better yourself!

"OBAMER gonna take care of hiz peoples"! Fuck'n Democrats!!!!!

Anonymous said...

And what your employer pays toward your health insurance will be taxed as income. And don't forget, the Bush tax cuts expire this year. Can you say "depression?"

Kingfish said...

I don't think the government will seize anything like some worrywarts think.

What I think the goal of Miller and others is to remove the tax breaks from IRA's and similar plans and possible grant them instead to pension or GRA's. The carrot might be something like offering people to convert their IRA's to GRA's BUT give them the value of say, June 2008, right before the crash.

Anonymous said...

Maybe, just maybe, this could be a response to the massive 401-k account losses experienced by many Americans during the latest, and certainly not the last, Wall Street Crash Conspiracy.

As for taking away our right to manage our own money, most 401-k acount holders rely on "professional" (read Wall Street Co-Consprirator)account managers and not their own knowledge. Mainly because the stock market, by design, is as incomprehensible to the average citizen as the tax code.

Just another view on the issue.

So the question becomes would you rather be the victem of government inefficiency or corporate theft?

Let the buyer beware.

KaptKangaroo said...

That came to mind today over morning coffee. I guess a defined benefit paid in now for a guarantee later is better than allowing WS to continue to play loose with large Corporations 401k plans. On the whole, however, while I suffered losses, I also do manage my plans personally. While I do share the earlier frustration of having to invest in funds vs. stocks, I do find, the spreading of risk across indices funds to be much less risky and therefore they do provide value to me personally. The issue I am going to have is how they would value holdings vs. defined benefit. And what is to be done with those who have saved nothing. Also, don't know if I want to live off the government - they don't need to take care of me. In all of this, I don't either want to live as a pauper after WS has sucked up the last 401k dollar.

Kingfish said...

What exactly is any fifty-year average of the stock market? Even if your funds went down alot in 2008, the market still came back although I think it will probably go down again before this mess is over.

Anonymous said...

The difference is this. You can't leave a government annuity to your heirs. You can an IRA/401K. With a government annuity if you drop dead at 64y364d the government keeps 100% of it.

And they'll never pay you out the full amount amortized you have in there. They write the rules, they'll be the house on this one. House always wins.

Moreover, if you have a medical issue (cancer, heart problems, etc) you can't borrow against a government annuity to pay for it. (because you know obamacare won't be paying for squat for 60+yr olds). You'll just be screwed. And poor. And screwed.

Kingfish said...

Frank:

It is still MY MONEY and I should be allowed to invest it as I see fit. The government already has a say in my retirement: its called Social Security.

See, I believe in this thing called freedom of contract. No one is making me invest in a 401k or pension plan. My employer can offer it but I don't have to enroll in the plan. The government should just leave it the hell alone and concern itself with fraud and similar issues on retirement plans.



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