Should 401k Plans Offer Only Index Funds?

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By Robert C. Lawton, President, Lawton Retirement Plan Consultants, LLC

A number of retirement plan experts believe that 401k plan participants should only be allowed to invest in index funds. They say the additional cost that participants pay for actively managed mutual funds is not justified by better performance. Some 401k plan sponsors have agreed, offering only index funds in their fund line-ups. Is that a good idea?

Arguments For Using Only Index Funds

Less volatility

There is no question that an index-fund-only line-up will be less volatile than a line-up that includes actively managed funds. Generally, less volatile funds are better for 401k plan participants, who tend to get emotional when markets are volatile, often selling at market bottoms and buying at market tops.

Lower litigation risk

Because index funds are the lowest cost alternative for any asset class, some experts believe that 401k plan sponsors are less likely to get sued by offering them. Given that the majority of lawsuits against plan sponsors have arisen because higher-cost fund options were offered when lower-cost share classes were available, this is probably a valid argument.

In addition, some commentators believe that litigation risk is further reduced when offering an index-fund-only line-up, since this approach eliminates the risk of being sued because a fund is an extremely poor performer relative to its index.

Elimination of advisor conflicts

It would seem that offering an index-fund-only line-up would make it impossible for those advisors working for banks, brokerage firms and insurance companies (who are not fiduciaries) to recommend funds that aren’t in participants’ best interests. Since these advisors work for their employers first, and probably themselves second, client interests generally come in third place. Offering an index-fund-only line-up would make it impossible for these conflicted advisors to recommend funds that pay them high commissions or soft dollar payments.

No more poorly performing funds

Index funds will always deliver average market performance. An index-only menu would appear to forever eliminate the risk of offering a bad-performing, or below-average, investment fund.

Simplicity

Many participants have a hard time understanding the goals and objectives of some of the investment funds in their plans. They may have an easier time understanding that a mid-cap index fund mimics a mid-cap index rather than trying to distinguish between mid-cap growth, value and blended funds.

The end of fund changes

If you offer a fund line-up composed of index funds only, will you ever have to make a change to your fund line-up? Maybe not. Many plan sponsors view this as simplification of their plan administration process.

Better performance

We all have seen the data showing that passive management has beaten active for many years. There may be enough data available to conclude that for some asset classes, it is better to choose a passive or indexed approach.

Closet indexers

Unfortunately, there are too many actively managed mutual funds that chart their index way too closely and are in reality index funds charging actively managed fees. These funds (and fund managers) have given active management a bad name and are the primary reason that active management has underperformed passive management so broadly recently. Actively managed fees subtracted from index returns equals an underperforming fund.

Higher level of fiduciary compliance?

Is a plan sponsor better complying with its fiduciary responsibilities by offering an index-fund-only line-up? Because the line-up would be less volatile and lower cost compared with an actively managed fund line-up, some experts think so.

Arguments For Using Actively Managed Funds

Less than 100% of every market downturn

Index funds are guaranteed to capture 100% of every market downturn. An important feature of actively managed funds is that a good active manager can sell out of positions before capturing an entire market crash. Although not every active manager has been able to accomplish this, many have. This is the strongest argument for the use of actively managed funds.

Inefficiencies still exist

Although it will be hard for active managers to beat their index in a number of asset classes that are highly researched and followed, there still are many asset classes where inefficiencies abound (e.g., international equity). Those investment management firms that have research expertise and managerial talent in these areas can significantly outperform their indexes over a full market cycle.

Misperception of active management

I have never understood why there is the widely held belief that all active managers should outperform their fund’s index every year. First, an actively managed fund needs to be evaluated over a full market cycle, not just one or two years. Also, some active managers are very good at defending your investment against loss, but not quite as skilled at outperforming the index during a rising market. And finally, in what industry are 100% of participants top performers? Yes, there are some active managers whose approach is bottom-quartile. Don’t invest with them. Invest with top-quartile managers in every asset class if you choose active management.

Animal spirits

We live in America, where entrepreneurship and innovation are valued and rewarded. Most of our brains are not calibrated to be satisfied with average or index returns. We expect to have above-average children, above-average pay raises and above-average returns in our investment portfolios. Index investing guarantees average returns every single year. I talk with very few investors who are happy with average returns. Many feel that if they experience a year of average returns, that is not a good year.

The Winning Formula

Without question, a winning formula in building a great 401k plan investment fund menu is to combine index offerings with actively managed choices for those asset classes where inefficiencies still exist. But for some plan sponsors, an all-index-fund lineup may be the best approach.

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About the Author

Robert C. Lawton, AIF, CRPS is the founder and President of Lawton Retirement Plan Consultants, LLC. Mr. Lawton is an award-winning 401(k) investment adviser with over 30 years of experience. He has consulted with many Fortune 500 companies, including: Aon Hewitt, Apple, AT&T, First Interstate Bank, Florida Power & Light, General Dynamics, Houghton Mifflin Harcourt, IBM, John Deere, Mazda Motor Corporation, Northwestern Mutual, Northern Trust Company, Trek Bikes, Tribune Company, Underwriters Labs and many others. Mr. Lawton may be contacted at (414) 828-4015 or bob@lawtonrpc.com.

About Lawton Retirement Plan Consultants, LLC

Lawton Retirement Plan Consultants, LLC is a Milwaukee, Wisconsin-based independent, objective Registered Investment Adviser (RIA) providing investment advisory, fiduciary compliance, employee education, provider management and plan design services to 401(k) plan sponsors. The firm currently has contracts in place to provide consulting services on more than $400 million in plan assets. For more information, please contact Robert C. Lawton at (414) 828-4015 or bob@lawtonrpc.com or visit the firm’s website at: http://www.lawtonrpc.com. Lawton Retirement Plan Consultants, LLC is a Wisconsin Registered Investment Adviser.

Important Disclosures

This information was developed as a general guide to educate plan sponsors and is not intended as authoritative guidance, tax, legal or investment advice. Each plan has unique requirements and you should consult your attorney or tax adviser for guidance on your specific situation. In no way does Lawton Retirement Plan Consultants, LLC assure that, by using the information provided, plan sponsor will be in compliance with ERISA regulations. Investors should carefully consider investment objectives, risks, charges and expenses. The statements in this publication are the opinions and beliefs of the commentator expressed when the commentary was made and are not intended to represent that person’s opinions and beliefs at any other time. The commentary does not necessarily reflect the opinion of Lawton Retirement Plan Consultants, LLC and should not be construed as recommendations or investment advice. Lawton Retirement Plan Consultants, LLC offers no tax, legal or accounting advice, and any advice contained herein is not specific to any individual, entity or retirement plan, but rather general in nature and, therefore, should not be relied upon for specific investment situations. Lawton Retirement Plan Consultants, LLC is a Wisconsin Registered Investment Adviser and accepts clients outside of Wisconsin based upon applicable state registration regulations and the “de minimus” exception.

What Your 401k Investment Committee Should Discuss

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By Robert C. Lawton, AIF, CRPS, President, Lawton Retirement Plan Consultants, LLC

If you are like most 401k plan sponsors, you worry about whether your 401k plan investment committee is focused on the right stuff. Is the investment committee using its time wisely talking about what is important? Or do you spend way too much time agonizing about investment performance? I believe that your 401k plan investment committee should focus on reviewing the following at their meetings: [Read more…]

Fiduciary Confusion: What’s A 401k Plan Sponsor To Do?

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By Robert C. Lawton, AIF, CRPS, President, Lawton Retirement Plan Consultants, LLC

On February 3, President Trump signed a memorandum asking the Department of Labor to review the new fiduciary rules that apply to retirement accounts. The next week, on February 9, the Department of Labor (DoL) filed documents that will likely result in a six-month delay of the scheduled April implementation of the rules. There have been a lot of comments circulated on the impact of a delay or any changes. And of course, debate has once again been revived on the value of these new rules. Most important, though, is what this means for your 401k plan and participants and what your 401k fiduciary responsibility is. [Read more…]

How To Avoid A DoL 401k Audit

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By Robert C. Lawton, AIF, CRPS, President, Lawton Retirement Plan Consultants, LLC

There are many reasons for plan sponsors to do everything possible to avoid a Department of Labor (DoL) 401k audit. They can be costly, time-consuming and generally unpleasant.

The DoL in its Fact Sheet for fiscal year 2016 indicates that the Employee Benefits Security Administration (EBSA) closed 2,002 civil investigations with 1,356 of those cases (67.7%) resulting in monetary penalties/additional contributions. The total amount EBSA recovered for Employee Retirement Income Security Act (ERISA) plan participants last year was $777.5 million.

In my experience, if you receive notification from the DoL that it has an interest in looking over your 401k plan, you need to be concerned. Not only do the statistics above support the fact that DoL auditors do a good job of uncovering problems but in my opinion, they are not an easy group to negotiate with to fix deficiencies.

As a result, I believe the best policy to follow to ensure you don’t receive a visit from a DoL representative is to do everything possible to avoid encouraging such a visit. Here are some suggestions that may help you avoid a DoL 401k audit: [Read more…]

What’s The Right 401k Contribution Rate?

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By Robert C. Lawton, AIF, CRPS, President, Lawton Retirement Plan Consultants, LLC

The most frequent question I receive from 401k participants is, “How much should I contribute?” My answer is always the same, “As much as you possibly can.” That never seems to satisfy anyone, so I typically go on to explain the following.

The correct 401k contribution rate

[Read more…]

Six New Year’s Resolutions 401k Plan Sponsors Should Make

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By Robert C. Lawton, AIF, CRPS, President, Lawton Retirement Plan Consultants, LLC

I hope that 2016 was a great year for you and that 2017 will be even better!

A few changes can make your good 401k plan into a great one. To help your 401k plan achieve greatness, consider making the following 401k plan improvements by year-end: [Read more…]

401k Plan/Financial Wellness Education Best Practices

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By Robert C. Lawton, AIF, CRPS, President, Lawton Retirement Plan Consultants, LLC

Have you started planning your 2017 401k employee education sessions? Generally, most plan sponsors conduct employee education sessions during the early part of the new year to explain changes that went into effect on January 1. As you think about your 2017 education sessions, keep the following 401k education best practices in mind: [Read more…]

Top 10 401k Trends For 2017

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PSI Newsletter and Website Header 10.2.15

By Robert C. Lawton, AIF, CRPS, President, Lawton Retirement Plan Consultants, LLC

Competition for qualified employees is becoming intense. As a result, firms that you compete with for talent will be buffing up their benefits packages in 2017. Listed below are the changes that leading-edge employers will make to their 401k plans as a result of the most important 2017 401k trends. Although these 2017 401k trends are numbered, they are not shown in order of importance – all of these items are equally important. [Read more…]

Why Trump Won’t Roll Back New Fiduciary Regs

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PSI Newsletter and Website Header 10.2.15

By Robert C. Lawton, AIF, CRPS, President, Lawton Retirement Plan Consultants, LLC

There have been significant differences of opinion on whether President-elect Trump will roll back the new fiduciary regulations set to go into effect on April 10, 2017. These fiduciary regulations, issued by the Department of Labor (DoL), require anyone working with retirement accounts to act as a fiduciary with regard to advice provided. I don’t believe the new Trump administration will cancel or roll back these fiduciary regulations. Here’s why. [Read more…]

Socially Responsible Investing Ratings Can Boost Your 401k’s Value

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PSI Newsletter and Website Header 10.2.15
By Robert C. Lawton, AIF, CRPS, President, Lawton Retirement Plan Consultants, LLC

Recently Morningstar, creator of the Morningstar Star Ratings for mutual funds, introduced Sustainability Ratings to gauge an investment’s adherence to SRI principles. 401k plan participants, millennials especially, have become interested in socially conscious and impact investing. A recent U.S. Trust survey found SRI factors are important to 93% of millennials when making an investment decision. Your 401k plan can have greater value to your employees if you begin sharing Morningstar’s Sustainability Ratings for your 401k investment options. [Read more…]