Nationwide Exec to Senate: DOL Fiduciary Rule Would Hurt Workers

News February 29, 2024 at 04:14 PM
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What You Need To Know

  • At a hearing on various retirement proposals, the executive, Eric Stevenson, asked lawmakers to give auto-enrollment provisions from the Secure acts time to work.
  • Consumers wildly overestimate how much income $100,000 can generate, Dan Doonan of NIRS said.
  • The American Retirement Association blasted the idea offering a government retirement plan access bill.
Eric Stevenson. Credit: Nationwide

A Nationwide retirement executive told members of a U.S. Senate committee Wednesday that the U.S. Department of Labor's fiduciary definition proposal would hurt workers' retirement security.

"It will stop a lot of the things that we're working on that are so positive," Eric Stevenson, president of Nationwide Retirement Solutions, said. "It's a major distraction."

He asked Congress to give the new automatic retirement plan enrollment provisions and automatic contribution escalation features included in the Secure Act and the Secure 2.0 Act time to work.

"And let's do everything that we can to remove the barriers that keep a business owner from launching a 401(k) plan and making that available to all of their employees," Stevenson said.

Stevenson was testifying at a retirement security hearing organized by the U.S. Senate Health, Education, Labor and Pensions Committee. He talked about the new DOL fiduciary rule efforts in response to a question from Sen. Ted Budd, R-N.C.

What it means: The DOL fiduciary definition proposals are getting some attention in the Senate.

The hearing: Sen. Bernie Sanders, the Senate HELP chair and a Vermont independent, organized the hearing partly to promote efforts to make high-income people pay more payroll taxes and partly to promote S. 3102, the Retirement Savings for Americans Act of 2023, a bill that would let any worker without access to an employer-sponsored retirement plan participate in a plan organized by the federal government, with a matching contribution from the federal government.

Sen. Bill Cassidy, R-La., the highest-ranking Republican on the committee, noted that the majority organized the hearing without input from the Republicans on the committee.

"There are things we can do on a bipartisan basis," Cassidy said.

He noted that he himself has introduced bipartisan retirement bills.

Sen. Maggie Hassan, D-N.H., is working with Budd on legislation that would make it easier for very small employers to use existing federal retirement plan creation tax incentives.

The retirement planning backdrop: "One out of every four senior citizens in America are trying to live on an income of less than $15,000 a year," Sanders said. "Half of our nation's seniors are trying to survive on an income of less than $30,000 a year.

"How do you pay the rent, how do you pay for health care and prescription drugs, and how do you put food on the table on just $15,000 or even $30,000 a year?" Sanders asked.

Dan Doonan, executive director of the National Institute on Retirement Security, said the current system puts too much of a burden on individual retirement savers.

He cited institute survey data indicating that only 8% of consumers understand that a $100,000 nest egg might produce about $3,000 to $4,999 in annual lifetime income, and that 19% think it would produce $25,000 or more in annual lifetime income.

Stevenson agreed that expanding financial literacy programs is not enough. "In general," he said, "we know that financial literacy doesn't work."

Programs that push workers toward saving more for retirement, while possibly letting them opt out, work much better, Stevenson said.

Unintended consequences: Witnesses and interest groups not included in the hearing emphasized that poorly designed retirement security bills may backfire.

The American Retirement Association pointed out that the government-provided matching contribution feature in S. 3102 would give employers, and especially small employers, a strong incentive to shut down their retirement plans.

Teresa Ghilarducci, an economics professor from the New School for Social Security, pointed out in her written testimony that one individual retirement account bill would encourage workers to participate in auto-IRA programs that would serve as vehicles for paying for homes and children's college bills as well as for retirement expenses.

She said the "auto-IRA" bills are really "automatic individual liquidity account" bills.

"Liquidity is good," Ghilarducci said. "Everyone needs emergency savings and savings to buy a house and fund a child's life course, but, if retirement savings is used for all those purposes, there is no money left for retirement."

Industry groups: Wayne Chopus, the president of the Insured Retirement Institute, and Paul Richman, IRI's chief government and political affairs officer, sent in a letter opposing the DOL fiduciary definition effort.

"The proposed rule will make it harder, more expensive, and in many cases impossible for individuals to access professional financial guidance and lifetime income solutions," Chopus and Richman wrote in the letter.

Susan Neely, president of the American Council of Life Insurers, wrote in defense of employers using group annuities to transfer pension obligation risk to insurers.

"Since the 2008 financial crisis, no insurance company has failed to make a life annuity payment to a plan participant following a pension risk transfer," Neely wrote. "That track record is a function of the robust reserving and capital standards applied to insurers. Any additional Department of Labor guidance should recognize this strong solvency regime and not hinder employers' efforts to purchase annuities to protect private pensions for their plan participants and beneficiaries."

Eric Stevenson. Credit: Nationwide

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