DOL Guidance Needed to Improve Lifetime Income Option in 401k plans

The General Accounting office (GAO) recently released a report based on surveys with 11 record keepers that manage 40% of 401k plan assets to determine if lifetime income options were available and what steps needed to be taken to offer them to more participants. As a result of the study, the GAO made specific recommendations to the DOL on how to help record keepers and plan sponsors make these lifetime income options more popular.The General Accounting office (GAO) recently released a report based on surveys with 11 record keepers that manage 40% of 401k plan assets to determine if lifetime income options were available and what steps needed to be taken to offer them to more participants. As a result of the study, the GAO made specific recommendations to the DOL on how to help record keepers and plan sponsors make these lifetime income options more popular.

According to the GAO study, two-thirds of 401k plans don’t offer lifetime income options and three-quarters don’t offer an annuity to employees at the time of retirement. According to industry stakeholders GAO interviewed, those steps are not often used because they include assessing “sufficient” information to “appropriately” conclude that the annuity provider will be financially able to pay future claims without definitions for those terms.

The GAO concluded that without clearer criteria to select an annuity provider, fear of liability may deter plan sponsors from offering annuities. Further, GAO found that a mix of lifetime income options to choose from is not usually available.

The GAO noted that the DOL provides an incentive in the form of limited liability relief to plan sponsors who, among other things, provide participants at least three diversified investment options. However, no such incentive exists for plan sponsors offering a mix of lifetime income options. Without some degree of liability relief, plan sponsors may be reluctant to offer a diverse mix of lifetime income options to their participants.

Lastly, stakeholders told GAO that record keepers may make only their own annuities available to the plans they service. DOL provides guidance on selecting service providers, but it does not encourage plan sponsors to seek choices from their service providers, which may prevent plans from having appropriate annuity options available to offer participants.

The GAO conducted the study because as 401(k) plan participants reach retirement they face the challenge of making their savings last for an unknown lifespan, and many 401(k) plan sponsors do not offer options to help participants with this complex task. The report examines, among other things, what is known about the adoption of lifetime income options in 401(k) plans, barriers that deter plan sponsors from offering such options, and the defaults that exist for participants who do not choose a lifetime income option.

GAO makes seven recommendations to DOL, including that it clarify the criteria to be used by plan sponsors to select an annuity provider, consider providing limited liability relief for offering an appropriate mix of lifetime income options, issue guidance to encourage plan sponsors to select a record keeper that offers annuities from other providers, and consider providing RMD-based default lifetime income to retirees. DOL generally agreed, and described actions it would take to address the intent of the recommendations.

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