New Bill Would Make Matching Pension Contributions with Student Loan Repayments

Senate Democrats’ new proposition could benefit pension contribution rates around the country.

Democratic senators last week introduced legislation permitting employers to make matching contributions to workers’ retirement plans as if their student loan payments were salary reduction contributions, treating them as elective deferrals for purposes of employer matching contributions.

“The bill helps workers who cannot afford to both save for retirement and pay off their student loan debt,” a summary on the legislation reads. “Under the bill, workers in this situation would continue to make their student loan payments, but they would also receive employer matching contributions into their retirement plan as if those student loan payments were salary deduction contributions in to the retirement plan.

“This allows these workers to build their retirement savings even while they are paying down their student loan debt and cannot afford to make their own contributions into the plan.”

Democratic Sen. Ron Wyden of Oregon, primary sponsor of the bill, said the plan is to tackle the issue with recent graduates who are finding it difficult to save for retirement and pay their student loans at the same time. If passed, it would expand matching practices beyond contemporary boundaries whereby employers can only make matching contributions to a 401(k) if an employee is also making contributions.

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The rate of matching for student loans and for salary reduction contributions must be the same. For example, if the plan is passed and an employee’s student loan payment is $500, and their company matches 50% of retirement plan contributions, the employer would contribute $250 to the employee’s retirement account.

Plan sponsors would decide if the matches are permissible for their respective systems. If elected, the option must be available to all employees eligible to make salary reduction contributions and receive matching contributions on those salary reduction contributions.

“The sooner workers start to save for retirement the better, and paying down student loans shouldn’t stop them from building their nest egg,” Wyden said in a statement. “While a comprehensive response to the student loan debt crisis is needed, this policy change is an important piece of the puzzle.”

In explaining his rationale, Wyden pointed to data highlighting that households spearheaded by an individual age 35 or younger who have a college degree but no student loan debt have an average DC account balance of $20,000, and, in contrast, households headed by a college-educated person with student debt have an average of $13,000 in their accounts.

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SEC Settles Charges Against Blockchain Investor

Canada’s NextBlock allegedly misled investors as to who was advising the company.

The SEC has settled charges against NextBlock Global Ltd., a Canadian investor in blockchain companies, and Alex Tapscott, its co-founder and former CEO, for making material misrepresentations in connection with a 2017 securities offering that raised $16 million from more than 100 investors.

According to the SEC’s cease and desist order, as part of NextBlock’s fundraising efforts, NextBlock and Tapscott falsely represented to investors that prominent individuals in the blockchain community were serving as advisors to the company.

“These misrepresentations were part of the selling point of NextBlock’s fundraising effort: that NextBlock and Tapscott had access to, and unparalleled relationships with, opinion-makers, the best entrepreneurs, and the highest profile figures in the blockchain community,” said the SEC in its order. “NextBlock and Tapscott knew or should have known that the statements to investors regarding these advisors were inaccurate.”

NextBlock invested the proceeds of the convertible debenture offering in digital assets that were consistent with disclosures to investors.  The company and Tapscott then initiated a second fundraising round, and hired two Canadian investment banks to advise the firm on a fundraising to facilitate a public listing on the Toronto Stock Exchange.

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In November 2017, while this second fundraising effort was underway, press reports disclosed that NextBlock and Tapscott had made misrepresentations to investors during the convertible debenture offering. As a result of the news, NextBlock cancelled the second fundraising round and abandoned the planned public listing. The company then voluntarily initiated court proceedings in Ontario to wind up the company, liquidate the existing digital asset holdings, and return to the debenture holders their principal investment plus profits.

During the court proceedings Tapscott voluntarily surrendered his right to collect more than $2 million in NextBlock’s profits that resulted from NextBlock’s investment of the offering proceeds. This amount was retained by NextBlock and formed part of the distributions to debenture holders.

The order said that NextBlock and Tapscott violated the antifraud provision of the Securities Act of 1933. NextBlock and Tapscott agreed to the entry of a cease and desist order, and NextBlock paid an administrative penalty of C$700,000 ($520,000), while Tapscott agreed to pay a $25,000 civil penalty.  NextBlock and Tapscott also have entered into a settlement agreement with the Ontario Securities Commission.

Neither NextBlock nor its securities has ever been registered with the SEC in any capacity.

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