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10 THINGS CREDIT UNION EXECUTIVES NEED
TO KNOW ABOUT PENSIONS AND 401(K)S
Our difference is your advantage



Pete Swisher, CFP®, CPC
Senior Vice President
National Sales Director
Pentegra Retirement Services
November 15, 2012



                               OUR DIFFERENCE IS YOUR ADVANTAGE
BACKGROUND


   Focus of book: fiduciary
    governance
   National Association of Plan
    Advisors (NAPA) Government
    Affairs Chair




                                   OUR DIFFERENCE IS YOUR ADVANTAGE
ABOUT PENTEGRA

   Founded in 1943 as a not-for-profit cooperative
    serving the Federal Home Loan Bank system
   One of the nation’s top pension managers (top 10% in
    S&P Money Management Directory)
   Nearly 70 years’ experience with full fiduciary
    outsourcing through its unique Multiple Employer
    Plans for financial institutions
   Retirement plan service provider for nearly 10% of all
    banks and credit unions in the U.S.
                                     OUR DIFFERENCE IS YOUR ADVANTAGE
10 THINGS

No. 1: Interest rates
No. 2: Tax reform done badly
No. 3: Fiduciary outsourcing
No. 4: The primary risk
No. 5: Most plans can cut costs 20% or more
No. 6: The irreproachable way to run a plan
No. 7: Fiduciaries can and should protect themselves
No. 8: Fee disclosure is not fee clarity
No. 9: How pension “cost” hits your financials is tricky
No. 10: Cheapest way to terminate a pension plan
No. 11 (bonus): Don’t terminate, redesign
                                          OUR DIFFERENCE IS YOUR ADVANTAGE
No. 1


 Interest rates can’t get much
Our difference is your advantage
 lower…honest

  Defined benefit (DB) pension plans will
  get cheaper as rates go up.

  Defined contribution (DC) participants
  will likely handle rising rates the same
  way they have historically—badly.

                                             OUR DIFFERENCE IS YOUR ADVANTAGE
Source: What Drives The Bond Market?
Chicago CFA Handout by Bianco Research LLC, 1/18/2011
IMPLICATIONS OF RATE ENVIRONMENT

   The perfect storm for DB plan funding cost is over
   As rates rise DB plans get cheaper
       2% rate increase takes a plan that is 80% funded to
        100% funded
   Lower rates are possible but there’s not much
    room between here and zero—new cost burdens
    are therefore increasingly unlikely
   Now is the time to plan for the future of your
    pension program
                                              OUR DIFFERENCE IS YOUR ADVANTAGE
No. 2


 Tax reform done badly is bad for
Our difference is your advantage
 everyone…and is being considered

  If contributions are no longer deductible
  people will contribute less.

  Less savings means greater strain on
  public systems such as Social Security,
  Medicaid, and Food Stamps.

                                              OUR DIFFERENCE IS YOUR ADVANTAGE
BAD TAX REFORM

   Sampling of proposals:
       Bowles-Simpson “Zero” option and 20/20 option
       Transfer payments via refundable tax credits
   Result: retirement saving decreases significantly, including
    among the lowest income earners
       8-24% reduction in long term savings per EBRI Issue Brief No. 364
   Less savings means more pressure on government spending
    in the future for Social Security, Medicaid, Food Stamps,
    and other social insurance programs
   Why it’s being considered: higher taxes packaged as flatter
    brackets as part of a plan to reduce deficits

                                                         OUR DIFFERENCE IS YOUR ADVANTAGE
“HOW AMERICA SAVES”
(visit asppa.org)

   62% of tax incentives are received by households with AGI
    less than $100,000

   EBRI estimates a 14% reduction in retirement savings under
    the 20/20 proposal for younger workers in the lowest
    earnings quartile; the loss is 24% under the “zero option”

   72% of low and moderate income workers participate in a
    plan when offered at work but only 5% save in an IRA when
    there is no workplace plan

   78% of full-time workers have access to a plan at work
                                              OUR DIFFERENCE IS YOUR ADVANTAGE
No. 3


 Fiduciary outsourcing can save time,
Our difference is your advantage
 money, risk, and headaches

  Most credit unions serve as Named
  Fiduciary, Plan Administrator, and Trustee
  (or “direct” the Trustee), but could
  outsource instead.

  Outsourcing means less work and less risk.

                                               OUR DIFFERENCE IS YOUR ADVANTAGE
WORKLOAD FOR COMPANIES WHO
HOLD ONTO THE FIDUCIARY ROLE

   4-5 two-hour meetings per year for 3-5 people, usually
    senior people, with preparation and follow-up between

   A host of minor tasks such as approving and documenting
    hardships, QDROs, and other distributions

   Auditor selection and oversight and coordination of the
    audit; preparation of plan financials

   Checklists and processes (or ignoring the details)

   Focusing on details instead of the big picture

                                               OUR DIFFERENCE IS YOUR ADVANTAGE
CASE STUDY

   CFO fills Administrator role and is very experienced

   CFO retires and successor knows less about plans

   Auditor discovers two defects

   Burdens as described by new CFO: learning curve, anxiety,
    direct costs of correction (IRS user fee, legal fees, penalties
    and interest), “huge time cost”, anger




                                                OUR DIFFERENCE IS YOUR ADVANTAGE
No. 4


 The primary source of fiduciary risk is
Our difference is your advantage
 administration, not investments

  Very few ERISA lawsuits are about
  retirement plan investments.

  The overwhelming source of trouble for
  retirement plan sponsors is administration.


                                                OUR DIFFERENCE IS YOUR ADVANTAGE
STATISTICS AND SURPRISES

   10,002 Forms 5500 audited

   5,973 VCP agreements

   3,472 DOL civil investigations closed

       75% resulted in payment

       Average $397,000

   255 cases referred for litigation by DOL, 75 convictions

   8,860 ERISA lawsuits
Sources: 2011 data from IRS and DOL websites

                                               OUR DIFFERENCE IS YOUR ADVANTAGE
The IRS Top Ten List
      of Common VCP Submissions
1.     Failure to amend for tax law changes
2.     Incorrect definition of compensation
3.     Failure to include eligible employees or exclude ineligibles
4.     Loan errors
5.     Impermissible in-service withdrawals
6.     Required Minimum Distribution errors
7.     Employer eligibility failure
8.     ADP/ACP failure not timely corrected
9.     Failure to provide minimum top heavy benefit
10.    Exceeding maximum contribution limits

From the IRS Website at http://www.irs.gov/retirement/article/0,,id=155383,00.html

                                                           OUR DIFFERENCE IS YOUR ADVANTAGE


                             Copyright 2012 Pentegra
TWO WAYS TO GET OUTSOURCING

   Pentegra’s Multiple Employer Plans (MEPs)

   Pentegra’s Full Fiduciary Outsourcing program




                                      OUR DIFFERENCE IS YOUR ADVANTAGE
No. 5



Our difference is can cut costs
Most plans your advantage                 by at least 20%

   Most plans can cut costs but probably shouldn’t do
   so: the point is to recognize that it’s possible and to
   have a fiduciary rationale for your approach.

   Indexing, advisory “right-sizing,” and affordable
   recordkeeping options are the cost drivers.

                                                  OUR DIFFERENCE IS YOUR ADVANTAGE
SMALL 401(K) CASE STUDY


 Cost Item                 Current Net Cost           Possible Cost

 Funds                               .50%                        .09%

 Recordkeeping                       .75%                        .60%

 Advisor                             .40%                        .30%

 Total                              1.65%                        .99%


 Remember that the point of these illustrations is not that cheaper is better but
  that the existence of cheaper alternatives requires you to have a rationale.


                                                         OUR DIFFERENCE IS YOUR ADVANTAGE
LARGE 401(K) CASE STUDY


 Cost Item       Current Net Cost     Possible Cost

 Funds                .35%                  .09%

 Recordkeeping        .35%                  .22%

 Advisor              .20%                  .07%

 Total                .90%                  .38%




                                    OUR DIFFERENCE IS YOUR ADVANTAGE
DEFINED BENEFIT CASE STUDY


 Cost Item         Current Net Cost     Possible Cost

 Investment Fees        .35%                  .09%

 Admin/Actuary          .35%                  .26%

 Advisor                .40%                  .25%

 Total                  1.10%                 .60%




                                      OUR DIFFERENCE IS YOUR ADVANTAGE
WHY 20% SAVINGS IS NOT A STRETCH

   Fund expense is the primary cost driver and indexing is
    always a valid option

   “Right-sizing” the services of an advisor can raise or lower
    cost; the emphasis here is less on cost and more on what
    you get for what you pay

   Productivity gains in recordkeeping and administration are
    not always passed on to clients: again, the question is what
    you get for what you pay



                                                OUR DIFFERENCE IS YOUR ADVANTAGE
WHY CHEAPER MAY NOT BE BETTER

   Cheaper is neither better nor legally required

   What is required is that you choose your mix of services
    wisely and pay fair prices for those services

   Full fiduciary outsourcing is more expensive than basic
    recordkeeping; active management costs more than
    indexing; handholding and employee advice cost more
    than occasional group education; excellence costs more
    than mediocrity. You get what you pay for. Just make sure
    you know what you’re getting.

                                              OUR DIFFERENCE IS YOUR ADVANTAGE
No. 6


 There is an irreproachable way to run a
Our difference is your advantage
 retirement plan
  Focus on best fiduciary practices, best
  outcomes for participants, and paying
  precisely the correct price to achieve them.

  “Irreproachable” is not the same as “best.”



                                                 OUR DIFFERENCE IS YOUR ADVANTAGE
PROFILE OF A PLAN NO ONE CAN
CRITICIZE

   “Cheapest to Deliver” or CTD investing

   “10 of 10” fiduciary governance

   Great participant outcomes

Note the emphasis here on what can be criticized: what may
be best for you and your employees goes beyond what
others think. Service, for example, obviously matters.




                                             OUR DIFFERENCE IS YOUR ADVANTAGE
No. 7


 Fiduciaries can and should take steps to
Our difference is your advantage
 mitigate their personal liability exposure

  Understand what you’re getting yourself
  into when you accept fiduciary status.

  Follow the four part program.




                                            OUR DIFFERENCE IS YOUR ADVANTAGE
What happened to Ayres
“…[w]hile we are not unsympathetic to his burden, we note that
fiduciaries may be insured for this type of liability. It would appear
that prudent fiduciaries would have their plan or employers secure
such insurance. In any event, when we consider the overall
purposes of ERISA as a remedial statute designed to protect the
interests of employees in pension plans…we believe the
participants’ rights are the ones entitled to protection.”


From the court opinion in Barker v. American Mobil Power Corp., in
which the court imposed a large financial penalty on a defendant
named Ayres for a breach by Ayre’s predecessor that Ayres failed
to notice and correct.

                                                   OUR DIFFERENCE IS YOUR ADVANTAGE
Four-Part Program for
Mitigating Fiduciary Risk
    Outsource the Named Fiduciary, ERISA Sec.
     3(16)(A) Plan Administrator, and Trustee roles to
     a regulated financial institution who specializes
     in fiduciary management of qualified plans.
    Hire an independent advisor to help oversee the
     plan fiduciary
    Buy fiduciary liability insurance
    Insist on an indemnification agreement


                                         OUR DIFFERENCE IS YOUR ADVANTAGE
CASE STUDY: PENTEGRA’S MEPS

   Non-recourse fiduciary liability insurance

   Full fiduciary outsourcing

   CEM Benchmarking retained by the plan’s Board of
    Directors to study Pentegra’s costs and services versus the
    marketplace

   An independent fiduciary approves Pentegra’s fees




                                                 OUR DIFFERENCE IS YOUR ADVANTAGE
No. 8



Our difference is your is not fee
Fee disclosure advantage              clarity

   There are three separate disclosures and
   they never match.

   Sponsors still have a hard time answering
   a simple question: “What am I paying,
   and what am I getting for it?”

                                               OUR DIFFERENCE IS YOUR ADVANTAGE
THREE LOCATIONS FOR FEE DATA

   408b-2 disclosure to plan sponsor and fiduciaries

   404a-5 participant disclosure

   Form 5500 Schedules A and C

   If you study all three you will find no consistency because of
    how the regulations are written




                                               OUR DIFFERENCE IS YOUR ADVANTAGE
No. 9


 What a pension plan “costs” is not the
Our difference is your advantage
 same as how it affects your financials

  Pension costs are a future unknown that
  actuaries can only estimate.

  The rules for booking the costs are
  complex and often seem to bear little
  relation to the actual flow of dollars.

                                            OUR DIFFERENCE IS YOUR ADVANTAGE
HOW PENSION COSTS HIT THE FINANCIALS

   You don’t necessarily recognize pension contributions as
    an expense when you make them.

   Unrecognized contributions pile up (“prepaid” expenses).

   If you terminate with a large prepaid you take a big hit to
    earnings.

   Remember that the cost is what it is, but how the cost is
    accounted for is something else entirely. Managing the
    financials is generally as important to credit unions (or more
    so) than managing the cost.
                                               OUR DIFFERENCE IS YOUR ADVANTAGE
CURRENT FUNDING STATS
ERISA Funding
   Assets                  $6.7 million
   Liabilities             $7.6 million
   Actuarial Shortfall     $900,000
   Termination Liability   $9.9 million
   Termination Shortfall   $3.2 million
Accounting Treatment
   Prepaid Expense         $4 million
   Ideal Annual Expense    $350,000
   Current Expense         $450,000+
                                          OUR DIFFERENCE IS YOUR ADVANTAGE
CURRENT ANNUAL EXPENSE
Interest on $6.7 million assets at 2.75%

       = $185,000

Interest on $7.6 million liabilities

       = $368,000

$5 million AOCI amortized over 15 years

       = $284,000

Total: $467,000 per year
                                           OUR DIFFERENCE IS YOUR ADVANTAGE
ANNUAL EXPENSE AT 110% FUNDING

Interest on $8.3 million assets at 6%

        = $500,000

Interest on $7.6 million liabilities

        = $368,000

$5 million AOCI amortized over 15 years

        = $284,000

Total: $152,000 per year based on $1.7 million contribution


                                             OUR DIFFERENCE IS YOUR ADVANTAGE
ANNUAL EXPENSE AT 154% FUNDING

Interest on $12.7 million assets at 6%

        = $762,000

Interest on $7.6 million liabilities

        = $368,000

$5 million AOCI amortized over 15 years

        = $284,000

Total: -$110,000 per year ($110,000 of income) based on $6
million contribution
                                            OUR DIFFERENCE IS YOUR ADVANTAGE
No. 10


 There is a cheapest, lowest risk method
Our difference is your advantage
 for terminating a pension plan

  There is such a method but it is impossible
  to predict. But it is possible to develop
  and implement a plan for getting as
  close as possible. Be proactive.




                                                OUR DIFFERENCE IS YOUR ADVANTAGE
LEAST COST PENSION TERMINATIONS

   Proactive Plan: 0, 3, 5, 10, 15 year windows

   Opportunistic approach based on an annual review of
    capital market forecasts, interest rates, and annuity costs

   Rule of thumb approach to estimating termination liability
    (“street liability”)

   Annuities are more expensive than lump sums and long
    term management may be cheapest of all

   The plan must manage the impact on credit union
    financials
                                               OUR DIFFERENCE IS YOUR ADVANTAGE
No. 11 (Bonus)


DON’T TERMINATE: REDESIGN
Our difference is your advantage


   For participants there is no comparison:
   DB plans are better in nearly every way.

   But the cost and cost volatility are what
   kill these programs. Solution: redesign,
   don’t terminate.

                                               OUR DIFFERENCE IS YOUR ADVANTAGE
DEFINED BENEFIT VS. DEFINED CONTRIBUTION

    46% lower cost to deliver a given benefit

    Sources of savings (from “Better Bang for the Buck,” a
     National Institute of Retirement Security study, 2008):
        15% Longevity risk pooling

        5% diversification and investment balance

        26% superior investment returns

    Numerous studies over the years have confirmed the DB
     performance advantage. Globally the source is believed to be
     the “self-direction penalty.”

                                                     OUR DIFFERENCE IS YOUR ADVANTAGE
Global Perspective
CLOSING RECOMMENDATIONS

    Outsource

    Know what you’re paying and what for. Avoid paying
     premium prices without demonstrable benefits.

    Be proactive. Examine your program design and look for
     ways to make it better.

    If you have a DB pension plan, proactive planning is
     especially important. Redesign if costs are too high.

    Rely on Pentegra.

                                               OUR DIFFERENCE IS YOUR ADVANTAGE
THANK YOU!
Our difference is your advantage



Pete Swisher, CFP®, CPC
Senior Vice President
National Sales Director
Pentegra Retirement Services

pswisher@pentegra.com


                                   OUR DIFFERENCE IS YOUR ADVANTAGE

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Credit Union Executives Guide to Pensions and 401(k)s

  • 1. 10 THINGS CREDIT UNION EXECUTIVES NEED TO KNOW ABOUT PENSIONS AND 401(K)S Our difference is your advantage Pete Swisher, CFP®, CPC Senior Vice President National Sales Director Pentegra Retirement Services November 15, 2012 OUR DIFFERENCE IS YOUR ADVANTAGE
  • 2. BACKGROUND  Focus of book: fiduciary governance  National Association of Plan Advisors (NAPA) Government Affairs Chair OUR DIFFERENCE IS YOUR ADVANTAGE
  • 3. ABOUT PENTEGRA  Founded in 1943 as a not-for-profit cooperative serving the Federal Home Loan Bank system  One of the nation’s top pension managers (top 10% in S&P Money Management Directory)  Nearly 70 years’ experience with full fiduciary outsourcing through its unique Multiple Employer Plans for financial institutions  Retirement plan service provider for nearly 10% of all banks and credit unions in the U.S. OUR DIFFERENCE IS YOUR ADVANTAGE
  • 4. 10 THINGS No. 1: Interest rates No. 2: Tax reform done badly No. 3: Fiduciary outsourcing No. 4: The primary risk No. 5: Most plans can cut costs 20% or more No. 6: The irreproachable way to run a plan No. 7: Fiduciaries can and should protect themselves No. 8: Fee disclosure is not fee clarity No. 9: How pension “cost” hits your financials is tricky No. 10: Cheapest way to terminate a pension plan No. 11 (bonus): Don’t terminate, redesign OUR DIFFERENCE IS YOUR ADVANTAGE
  • 5. No. 1 Interest rates can’t get much Our difference is your advantage lower…honest Defined benefit (DB) pension plans will get cheaper as rates go up. Defined contribution (DC) participants will likely handle rising rates the same way they have historically—badly. OUR DIFFERENCE IS YOUR ADVANTAGE
  • 6. Source: What Drives The Bond Market? Chicago CFA Handout by Bianco Research LLC, 1/18/2011
  • 7. IMPLICATIONS OF RATE ENVIRONMENT  The perfect storm for DB plan funding cost is over  As rates rise DB plans get cheaper  2% rate increase takes a plan that is 80% funded to 100% funded  Lower rates are possible but there’s not much room between here and zero—new cost burdens are therefore increasingly unlikely  Now is the time to plan for the future of your pension program OUR DIFFERENCE IS YOUR ADVANTAGE
  • 8. No. 2 Tax reform done badly is bad for Our difference is your advantage everyone…and is being considered If contributions are no longer deductible people will contribute less. Less savings means greater strain on public systems such as Social Security, Medicaid, and Food Stamps. OUR DIFFERENCE IS YOUR ADVANTAGE
  • 9. BAD TAX REFORM  Sampling of proposals:  Bowles-Simpson “Zero” option and 20/20 option  Transfer payments via refundable tax credits  Result: retirement saving decreases significantly, including among the lowest income earners  8-24% reduction in long term savings per EBRI Issue Brief No. 364  Less savings means more pressure on government spending in the future for Social Security, Medicaid, Food Stamps, and other social insurance programs  Why it’s being considered: higher taxes packaged as flatter brackets as part of a plan to reduce deficits OUR DIFFERENCE IS YOUR ADVANTAGE
  • 10. “HOW AMERICA SAVES” (visit asppa.org)  62% of tax incentives are received by households with AGI less than $100,000  EBRI estimates a 14% reduction in retirement savings under the 20/20 proposal for younger workers in the lowest earnings quartile; the loss is 24% under the “zero option”  72% of low and moderate income workers participate in a plan when offered at work but only 5% save in an IRA when there is no workplace plan  78% of full-time workers have access to a plan at work OUR DIFFERENCE IS YOUR ADVANTAGE
  • 11. No. 3 Fiduciary outsourcing can save time, Our difference is your advantage money, risk, and headaches Most credit unions serve as Named Fiduciary, Plan Administrator, and Trustee (or “direct” the Trustee), but could outsource instead. Outsourcing means less work and less risk. OUR DIFFERENCE IS YOUR ADVANTAGE
  • 12. WORKLOAD FOR COMPANIES WHO HOLD ONTO THE FIDUCIARY ROLE  4-5 two-hour meetings per year for 3-5 people, usually senior people, with preparation and follow-up between  A host of minor tasks such as approving and documenting hardships, QDROs, and other distributions  Auditor selection and oversight and coordination of the audit; preparation of plan financials  Checklists and processes (or ignoring the details)  Focusing on details instead of the big picture OUR DIFFERENCE IS YOUR ADVANTAGE
  • 13. CASE STUDY  CFO fills Administrator role and is very experienced  CFO retires and successor knows less about plans  Auditor discovers two defects  Burdens as described by new CFO: learning curve, anxiety, direct costs of correction (IRS user fee, legal fees, penalties and interest), “huge time cost”, anger OUR DIFFERENCE IS YOUR ADVANTAGE
  • 14. No. 4 The primary source of fiduciary risk is Our difference is your advantage administration, not investments Very few ERISA lawsuits are about retirement plan investments. The overwhelming source of trouble for retirement plan sponsors is administration. OUR DIFFERENCE IS YOUR ADVANTAGE
  • 15. STATISTICS AND SURPRISES  10,002 Forms 5500 audited  5,973 VCP agreements  3,472 DOL civil investigations closed  75% resulted in payment  Average $397,000  255 cases referred for litigation by DOL, 75 convictions  8,860 ERISA lawsuits Sources: 2011 data from IRS and DOL websites OUR DIFFERENCE IS YOUR ADVANTAGE
  • 16. The IRS Top Ten List of Common VCP Submissions 1. Failure to amend for tax law changes 2. Incorrect definition of compensation 3. Failure to include eligible employees or exclude ineligibles 4. Loan errors 5. Impermissible in-service withdrawals 6. Required Minimum Distribution errors 7. Employer eligibility failure 8. ADP/ACP failure not timely corrected 9. Failure to provide minimum top heavy benefit 10. Exceeding maximum contribution limits From the IRS Website at http://www.irs.gov/retirement/article/0,,id=155383,00.html OUR DIFFERENCE IS YOUR ADVANTAGE Copyright 2012 Pentegra
  • 17. TWO WAYS TO GET OUTSOURCING  Pentegra’s Multiple Employer Plans (MEPs)  Pentegra’s Full Fiduciary Outsourcing program OUR DIFFERENCE IS YOUR ADVANTAGE
  • 18. No. 5 Our difference is can cut costs Most plans your advantage by at least 20% Most plans can cut costs but probably shouldn’t do so: the point is to recognize that it’s possible and to have a fiduciary rationale for your approach. Indexing, advisory “right-sizing,” and affordable recordkeeping options are the cost drivers. OUR DIFFERENCE IS YOUR ADVANTAGE
  • 19. SMALL 401(K) CASE STUDY Cost Item Current Net Cost Possible Cost Funds .50% .09% Recordkeeping .75% .60% Advisor .40% .30% Total 1.65% .99% Remember that the point of these illustrations is not that cheaper is better but that the existence of cheaper alternatives requires you to have a rationale. OUR DIFFERENCE IS YOUR ADVANTAGE
  • 20. LARGE 401(K) CASE STUDY Cost Item Current Net Cost Possible Cost Funds .35% .09% Recordkeeping .35% .22% Advisor .20% .07% Total .90% .38% OUR DIFFERENCE IS YOUR ADVANTAGE
  • 21. DEFINED BENEFIT CASE STUDY Cost Item Current Net Cost Possible Cost Investment Fees .35% .09% Admin/Actuary .35% .26% Advisor .40% .25% Total 1.10% .60% OUR DIFFERENCE IS YOUR ADVANTAGE
  • 22. WHY 20% SAVINGS IS NOT A STRETCH  Fund expense is the primary cost driver and indexing is always a valid option  “Right-sizing” the services of an advisor can raise or lower cost; the emphasis here is less on cost and more on what you get for what you pay  Productivity gains in recordkeeping and administration are not always passed on to clients: again, the question is what you get for what you pay OUR DIFFERENCE IS YOUR ADVANTAGE
  • 23. WHY CHEAPER MAY NOT BE BETTER  Cheaper is neither better nor legally required  What is required is that you choose your mix of services wisely and pay fair prices for those services  Full fiduciary outsourcing is more expensive than basic recordkeeping; active management costs more than indexing; handholding and employee advice cost more than occasional group education; excellence costs more than mediocrity. You get what you pay for. Just make sure you know what you’re getting. OUR DIFFERENCE IS YOUR ADVANTAGE
  • 24. No. 6 There is an irreproachable way to run a Our difference is your advantage retirement plan Focus on best fiduciary practices, best outcomes for participants, and paying precisely the correct price to achieve them. “Irreproachable” is not the same as “best.” OUR DIFFERENCE IS YOUR ADVANTAGE
  • 25. PROFILE OF A PLAN NO ONE CAN CRITICIZE  “Cheapest to Deliver” or CTD investing  “10 of 10” fiduciary governance  Great participant outcomes Note the emphasis here on what can be criticized: what may be best for you and your employees goes beyond what others think. Service, for example, obviously matters. OUR DIFFERENCE IS YOUR ADVANTAGE
  • 26. No. 7 Fiduciaries can and should take steps to Our difference is your advantage mitigate their personal liability exposure Understand what you’re getting yourself into when you accept fiduciary status. Follow the four part program. OUR DIFFERENCE IS YOUR ADVANTAGE
  • 27. What happened to Ayres “…[w]hile we are not unsympathetic to his burden, we note that fiduciaries may be insured for this type of liability. It would appear that prudent fiduciaries would have their plan or employers secure such insurance. In any event, when we consider the overall purposes of ERISA as a remedial statute designed to protect the interests of employees in pension plans…we believe the participants’ rights are the ones entitled to protection.” From the court opinion in Barker v. American Mobil Power Corp., in which the court imposed a large financial penalty on a defendant named Ayres for a breach by Ayre’s predecessor that Ayres failed to notice and correct. OUR DIFFERENCE IS YOUR ADVANTAGE
  • 28. Four-Part Program for Mitigating Fiduciary Risk  Outsource the Named Fiduciary, ERISA Sec. 3(16)(A) Plan Administrator, and Trustee roles to a regulated financial institution who specializes in fiduciary management of qualified plans.  Hire an independent advisor to help oversee the plan fiduciary  Buy fiduciary liability insurance  Insist on an indemnification agreement OUR DIFFERENCE IS YOUR ADVANTAGE
  • 29. CASE STUDY: PENTEGRA’S MEPS  Non-recourse fiduciary liability insurance  Full fiduciary outsourcing  CEM Benchmarking retained by the plan’s Board of Directors to study Pentegra’s costs and services versus the marketplace  An independent fiduciary approves Pentegra’s fees OUR DIFFERENCE IS YOUR ADVANTAGE
  • 30. No. 8 Our difference is your is not fee Fee disclosure advantage clarity There are three separate disclosures and they never match. Sponsors still have a hard time answering a simple question: “What am I paying, and what am I getting for it?” OUR DIFFERENCE IS YOUR ADVANTAGE
  • 31. THREE LOCATIONS FOR FEE DATA  408b-2 disclosure to plan sponsor and fiduciaries  404a-5 participant disclosure  Form 5500 Schedules A and C  If you study all three you will find no consistency because of how the regulations are written OUR DIFFERENCE IS YOUR ADVANTAGE
  • 32. No. 9 What a pension plan “costs” is not the Our difference is your advantage same as how it affects your financials Pension costs are a future unknown that actuaries can only estimate. The rules for booking the costs are complex and often seem to bear little relation to the actual flow of dollars. OUR DIFFERENCE IS YOUR ADVANTAGE
  • 33. HOW PENSION COSTS HIT THE FINANCIALS  You don’t necessarily recognize pension contributions as an expense when you make them.  Unrecognized contributions pile up (“prepaid” expenses).  If you terminate with a large prepaid you take a big hit to earnings.  Remember that the cost is what it is, but how the cost is accounted for is something else entirely. Managing the financials is generally as important to credit unions (or more so) than managing the cost. OUR DIFFERENCE IS YOUR ADVANTAGE
  • 34. CURRENT FUNDING STATS ERISA Funding Assets $6.7 million Liabilities $7.6 million Actuarial Shortfall $900,000 Termination Liability $9.9 million Termination Shortfall $3.2 million Accounting Treatment Prepaid Expense $4 million Ideal Annual Expense $350,000 Current Expense $450,000+ OUR DIFFERENCE IS YOUR ADVANTAGE
  • 35. CURRENT ANNUAL EXPENSE Interest on $6.7 million assets at 2.75% = $185,000 Interest on $7.6 million liabilities = $368,000 $5 million AOCI amortized over 15 years = $284,000 Total: $467,000 per year OUR DIFFERENCE IS YOUR ADVANTAGE
  • 36. ANNUAL EXPENSE AT 110% FUNDING Interest on $8.3 million assets at 6% = $500,000 Interest on $7.6 million liabilities = $368,000 $5 million AOCI amortized over 15 years = $284,000 Total: $152,000 per year based on $1.7 million contribution OUR DIFFERENCE IS YOUR ADVANTAGE
  • 37. ANNUAL EXPENSE AT 154% FUNDING Interest on $12.7 million assets at 6% = $762,000 Interest on $7.6 million liabilities = $368,000 $5 million AOCI amortized over 15 years = $284,000 Total: -$110,000 per year ($110,000 of income) based on $6 million contribution OUR DIFFERENCE IS YOUR ADVANTAGE
  • 38. No. 10 There is a cheapest, lowest risk method Our difference is your advantage for terminating a pension plan There is such a method but it is impossible to predict. But it is possible to develop and implement a plan for getting as close as possible. Be proactive. OUR DIFFERENCE IS YOUR ADVANTAGE
  • 39. LEAST COST PENSION TERMINATIONS  Proactive Plan: 0, 3, 5, 10, 15 year windows  Opportunistic approach based on an annual review of capital market forecasts, interest rates, and annuity costs  Rule of thumb approach to estimating termination liability (“street liability”)  Annuities are more expensive than lump sums and long term management may be cheapest of all  The plan must manage the impact on credit union financials OUR DIFFERENCE IS YOUR ADVANTAGE
  • 40. No. 11 (Bonus) DON’T TERMINATE: REDESIGN Our difference is your advantage For participants there is no comparison: DB plans are better in nearly every way. But the cost and cost volatility are what kill these programs. Solution: redesign, don’t terminate. OUR DIFFERENCE IS YOUR ADVANTAGE
  • 41. DEFINED BENEFIT VS. DEFINED CONTRIBUTION  46% lower cost to deliver a given benefit  Sources of savings (from “Better Bang for the Buck,” a National Institute of Retirement Security study, 2008):  15% Longevity risk pooling  5% diversification and investment balance  26% superior investment returns  Numerous studies over the years have confirmed the DB performance advantage. Globally the source is believed to be the “self-direction penalty.” OUR DIFFERENCE IS YOUR ADVANTAGE
  • 43. CLOSING RECOMMENDATIONS  Outsource  Know what you’re paying and what for. Avoid paying premium prices without demonstrable benefits.  Be proactive. Examine your program design and look for ways to make it better.  If you have a DB pension plan, proactive planning is especially important. Redesign if costs are too high.  Rely on Pentegra. OUR DIFFERENCE IS YOUR ADVANTAGE
  • 44. THANK YOU! Our difference is your advantage Pete Swisher, CFP®, CPC Senior Vice President National Sales Director Pentegra Retirement Services pswisher@pentegra.com OUR DIFFERENCE IS YOUR ADVANTAGE