The 2006 passage of the Pension Protection Act opened the door for defined contribution plan sponsors to offer investment advice to participants.
The act’s safe harbor provisions allow firms to offer both investment advisory and investment transaction services. The Department of Labor is still working on key components of these safe harbor requirements, but once established, plan sponsors will be able to provide participants with this valuable investment advice.
Given that millions of baby boomers will retire over the next decade and will need help with financial planning, this is a significant development. Three safe harbor provisions are of particular interest to financial services firms in regard to advice.
Relief. The PPA provides relief from fiduciary responsibility and removes restrictions regarding use of financial planning models for plan sponsors and fiduciary agents who appoint qualified advisors to handle individual, participant-directed retirement account plans. This applies to banks, insurers, broker-dealers, registered investment advisors, and their employees and representatives. Compliance should result in reduced investment advice-related litigation costs.
Compensation. To qualify for the safe harbor provision regarding advice, advisors must either be compensated on a fixed-fee basis (compensation to advisor is independent of advice or solution), or use computer-based planning models. While many in the industry are trying to move to level compensation, advisors often resist. Therefore, to qualify for these safe harbor provisions, many companies are providing advisors with computer-based planning models (which must be independently audited and certified by specialists having no material relationship with the advisor).
Compliance. If a computer model is used with non-level fee arrangements, the model must be shown to generate advice based on generally recognized investment principles, historical performance of various investment types, and individual investors’ personal information and profiles.
The last point is particularly critical because retirement planning involves many important, often one-time personal decisions. The models must be sufficiently sophisticated to demonstrate the impact of various strategies and products on a person’s retirement plan. This can be achieved via a model with multiple scenarios that tests the plan against all of the risks an individual faces in retirement–including investment, inflation, longevity and health care. Consequently, models must contain complex calculations.