Back in late December of 2019, then-President Donald Trump signed the Setting Every Community Up for Retirement Enhancement Act into law.
The bipartisan legislation, known more commonly as the Secure Act, had been in the works for several years and included many provisions. According to Michelle Richter, executive director of the Institutional Retirement Income Council, among the most important provisions was the creation of a "fiduciary safe harbor" for the selection and use of annuity products within 401(k)-style retirement plans.
As Richter tells ThinkAdvisor, this safe harbor was considered essential for the growth of guaranteed income in DC plans, given that many plan sponsors had been reluctant to use in-plan annuities due to possible fiduciary liability issues. Among their concerns was the fact that an insurer selected to underwrite an in-plan income annuity could later become insolvent, putting the plan sponsor back on the hook for promised benefits.
Now, as 2022 draws to a close and financial advisors set their practice goals and strategic priorities for the coming year, Richter says it is essential to understand how the Secure Act, alongside various regulatory actions anticipated from the Labor Department during 2023, could affect the world of "in-plan retirement income."
Richter says it is likely that the growth of in-plan annuity solutions could result in many more people leaving substantially more assets within their employers' 401(k) plans. Given this potential trend, wealth advisors may find that their clients grow less and less eager to enact rollovers of potentially sizable 401(k) balances merely to access retirement income products or non-guaranteed spending strategies.
Employer Views Are Changing
To back her point, Richter cites research from TIAA showing that nearly nine in 10 defined contribution plan sponsors who do not today offer in-plan guaranteed lifetime income annuities are at least somewhat interested in offering them in the near future. Other data shows three in four plan sponsors are extremely or very interested in offering a target date fund that allocates a portion of participant assets to lifetime income.
Richter says employers understand that it has become essential for 401(k) plans to offer sources of guaranteed lifetime income, such as annuities. Such products not only supplement lifetime income from Social Security, but they also help to replace lifetime income that would traditionally have been provided through a pension plan.