My latest article for JDSupra.com can be found here.
Plan sponsors will say it all the time: they are too small to be sued in a class action lawsuit. That may be true, but a class action lawsuit isn’t the only thing to fear.
Most plans aren’t big enough to have a class action lawsuit against them, but they have other fears that plan sponsors aren’t even aware of. While a $1 million plan isn’t going to be sued by an ERISA attorney in a class action lawsuit unless they’re starving, retirement plans can be targeted by an employee or two to get a quick, inexpensive settlement or the government can audit them. The fact is that small plans have been sued from time to time, so a small lawsuit can happen.
In addition or instead of a lawsuit, a plan can be targeted by the Department of Labor (DOL) for an audit. Speaking from experience, an audit can be painful and as costly as any lawsuit. There are more audits of smaller plans than lawsuits and they can be costlier.
The days where plan sponsors can look the other way about their retirement plan is long over. They either need to shape up or get shipped out to participants and/or the DOL.
An analysis by the Employee Benefit Research Institute (EBRI) shows that 2017 was a banner for 401(k) plan account balance. The analysis found that the average account balance for younger (25-34), less tenured (1-4 years) workers gained 43% in 2017
For older workers, the average 401(k) account balance of those aged 55-64 with more than 20 years of tenure ended the year nearly 20% (19.5%) higher than they began the year. Having been in the business long enough to remember two huge stock market downturns, this is some good news.
While some always lament 401(k) plans when the markets tank, it’s nice to appreciate when workers can make some nice gains.
While the tax reform talks didn’t do much to negatively impact 401(k) plans. Mark my words: the elimination of certain deductions will negatively impact the amount of deferrals that people will be able to put in their 401(k) plan.
Limiting the amount of deductions for mortgage and state and local taxation will hit middle and upper-middle class taxpayers in the pocketbook, which give them less room to make salary deferrals. While people will point that most Americans will receive tax cuts, a lot of people in some blue states won’t be getting any type of cut especially if they own an expensive piece of real estate in a big city or in the suburbs.
While the industry activated strong support against any tax reform that will negatively impact how much could defer, I think there are going to be quite a few taxpayers out there that will be cutting back on what they’ll defer.
When I was the Vice President of a synagogue, I ran an event a month to fundraise and/or to bring members together.
My crowning achievement was having a standup comedy event hosted by Sal The Stockbroker Governale from The Howard Stern Show. It really was an out of the box, off the wall idea. I wanted an event that could draw in an audience from the outside community, so we no longer had to depend on the same 30+ people who attended every one of our events. There are so many times you can ask a member to contribute, so this event with Sal has 200 guests in attendance including Larry Caputo. Instead of the typical holiday celebration or Friday night meal, the synagogue had a unique event that brought in a lot of money from outside its community.
I always sometimes that when it comes to marketing, think of things that your competitors aren’t doing. Recently, a local third party administration (TPA) firm by the name of Associated Pension invited me to attend a screening of The Last Jedi. Of course, I had a ticket already at another theater, but this was a unique event that they used to rent out an entire theater so many of their contacts in the industry could attend. I thought it was something unique and memorable and I’m sure a free movie ticket to the most anticipated movie of the last 2 years is better advertising for a TPA that just a nice brochure.
See what everyone else is doing and offer something unique, you’ll be surprised at how much interest you can create.
My latest newsletter for retirement plan providers can be found here.
My latest article on JDSupra.com can be found here.