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Rep. Donald Norcross, D-N.J. (Photo: Norcross)

Life Health > Annuities

New Bill Would Ease Use of Annuities as 401(k) Plan Default Options

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What You Need to Know

  • Donald Norcross, a Democrat, and Tim Walberg, a Republican, introduced H.R. 3942.
  • They also introduced versions of the Lifetime Income For Employees Act in the 116th Congress and the 117th Congress.
  • The bill would open the retirement plan default investment list to annuities by easing the current QDIA asset liquidity rules.

A new bill could help annuities compete harder for retirement plan default investment option slots.

Rep. Donald Norcross, D-N.J., and Rep. Tim Walberg, R-Mich., introduced H.R. 3942, the latest version of the Lifetime Income For Employees (LIFE) Act bill, Friday.

H.R. 3942 would make the retirement plan “qualified defined investment alternative” role a better fit for annuities by easing asset access rules that now limit the use of annuities as QDIAs.

What It Means

If the bill becomes law, you would have an easier time offering annuity-based QDIAs to retirement plan services clients.

More individual clients who snoozed through their employers’ retirement plan meetings could come to you with annuities in their retirement plan accounts.

QDIAs

A qualified default investment alternative (QDIA) is an investment that a 401(k) plan or other defined contribution retirement plan uses to hold the assets of plan participants who fail to tell the plan administrators where they want the administrators to put their money.

The Pension Protection Act of 2006 created the framework for the QDIA program.

The Employee Benefits Security Administration, an arm of the U.S. Department of Labor, is in charge of developing and enforcing QDIA regulations and procedures.

In the past, EBSA officials have decided that a QDIA used for more than about three months should be relatively safe but provide an opportunity for asset growth.

Many employers have used target-date funds or balanced funds as their QDIAs.

The QDIA Liquidity Rule

A plan is supposed to make sure that a QDIA is liquid enough that a participant can move assets out of the QDIA at least once every three months, according to EBSA.

Insurers that issue annuities typically put restrictions on access to assets during the first years that an annuity contract is in place to help create the pool of assets needed to pay the annuity benefits.

In 2016, EBSA officials told TIAA in an information letter that employers should be able to use annuities as QDIAs.

In practice, the conflict between the safe harbor rules and the interpretation in the information letter has held back use of annuities as QDIAs, according to the Insured Retirement Institute, which has joined TIAA in supporting efforts to change the QDIA rules.

The Lifetime Income For Employees Act Bills

The current congress, the 118th Congress, began Jan. 3.

Norcross and Walberg first introduced the Lifetime Income For Employees Act bill, as H.R. 8990, in 2020, during the 116th Congress Congress, and then brought it back in 2022, as H.R. 6746, in the 117th Congress.

The bill looked as if it had a shot of going into the Setting Every Community Up for Retirement Enhancement (Secure) 2.0 Act, which became law in December 2022 as part of the giant Consolidated Appropriations Act, 2023 package, but negotiators left it out of the final Secure 2.0 language.

The new bill, H.R. 3942, is under the jurisdiction of the House Education and the Workforce Committee, of which Norcross and Walberg are both members.

Pictured: Rep. Donald Norcross, D-N.J. (Photo: Norcross)


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