As financial regulations and global markets become increasingly complex, more organizations have decided to conserve their in-house resources by outsourcing the role of the Chief Investment Officer. Organizations that partner with an outsourced CIO (OCIO) find it to be an effective solution for dedicated expertise, sophisticated research and analytics, and faster investment decision making. However, finding the right OCIO provider is becoming more difficult given the growth in the number of firms providing OCIO services and the complexity of their solutions. Managing the assets of an organization is mission-critical so it’s important not to rush into choosing an OCIO provider that may not be the right fit for your business.
Breaking Down 3(21) vs. 3(38) Fiduciary
While most are familiar with the term, many plan sponsors are uncertain of what it actually means to be a fiduciary. In fact, a recent JP Morgan survey stated 43% of company fiduciaries do not identify themselves as fiduciaries. This reflects the fact that many plan sponsors are uncertain about what a fiduciary exactly is.
What is a Safe Harbor 401(k) Plan?
There are a few types of 401(k) plans available to plan sponsors: the traditional 401(k), the Roth 401(k), the SIMPLE 401(k), and the Safe Harbor 401(k). Each plan has different benefits and drawbacks, but they all share one common feature: a requirement that the plan sponsor abides by that specific plan’s rules and regulations. Most 401(k) plans face an annual nondiscrimination test defined by the Internal Revenue Service (IRS), which ensures that the plan does not excessively favor highly compensated employees (HCEs) and that their contributions do not exceed the average contributions of non-highly compensated employees (NHCEs) by set limits. Failing to adhere to the IRS’s rules can risk the loss of the 401(k)’s preferable tax status and can be subject to penalties.
Implementing Cybersecurity Best Practices for Plan Participants
Cybersecurity has become a prevalent concern in the retirement industry. In part because the Employee Retirement Income Security Act (ERISA) holds no fiduciary functions in managing cybersecurity risk, the retirement industry is in target for cyber-attacks. Surprisingly, many plan breaches are not all due to third-party attackers; rather, it can stem from the misconduct by employees (e.g. falling for a phishing scheme, having an easy password, etc.). Thus, while it is important for plan sponsors and providers to understand the risks of cyber-attacks, plan participants should also be educated on these risks along with cybersecurity best practices.
Hiring a 3(38) Investment Manager
In today’s volatile investing environment, selecting your company’s 401(k) or 403(b) plan investment options on your own can seem like more than a full-time job—not to mention potentially putting your organization at risk of litigation if these investments persistently fall short of their expected returns, have less than competitive fees or can’t be liquidated when employees retire. For many sponsors, shifting the fund selection process to an ERISA 3(38) investment manager can free up time and attention to focus on other aspects of the organization, managing employees, and many tough-to-outsource tasks. We review three key factors for hiring a 3(38) investment manager below.