Proposed Legislation Aims to Help Boost US Retirement Savings

Bipartisan bill calls for increased contribution limits, expanded access for workers.

Two US senators have introduced a bill with a broad set of reforms intended to improve Americans’ retirement security that include allowing more money to be set aside for retirement, and helping small businesses offer retirement plans.

Sens. Ben Cardin, a Maryland Democrat, and Rob Portman, an Ohio Republican, introduced the Retirement Security & Savings Act, which includes more than 50 provisions to addresses four major focal points to improve retirement savings. In addition to allowing people to set aside more for retirement, and helping small businesses offer retirement plans, it also aims to expand access to retirement savings plans for low-income Americans without coverage, and provide more certainty and flexibility during Americans’ retirement years. 

“Ensuring that families and workers can retire with dignity and stability is an ongoing, and strongly bipartisan, effort,” said Cardin in a release. “There have been many recent efforts acknowledging this need, yet more work needs to be done to make sure families have the necessary tools to be successful in their retirement.”

The bill comes on the heels of a similar bill passed by the House Ways and Means Committee in April called the Setting Every Community Up for Retirement Enhancement (SECURE) Act, which calls for the increase of the contribution cap to 15% from 10% for employees enrolled in safe harbor plans, and the repeal of the rule that prohibits contributing to a traditional IRA after age 70½.

Never miss a story — sign up for CIO newsletters to stay up-to-date on the latest institutional investment industry news.

To help those who have fallen behind in saving for retirement, the bill introduced by Sens. Cardin and Portman would provide a new incentive for employers to offer a more generous automatic enrollment plan, and receive a safe harbor from costly retirement plan rules. It would provide a tax credit for employers that offer the safe harbor plans starting at 6% of pay in addition to the existing safe harbor of 3%. It would also raise the “catch-up” contribution limits to $10,000 from $6,000 for individuals over age 60 with 401(k) plans.

To help employees whose retirement savings are burdened by student loan debt, the bill would allow employers to make a matching contribution to the employee’s retirement account in the amount of his or her student loan payment.

The proposed legislation would also increase the current tax credit for small businesses starting a new retirement plan to as much as $5,000 from $500.

Additionally, the bill proposes to simplify rules for small businesses, including allowing them to self-correct all inadvertent plan violations under the IRS’ Employee Plans Compliance Resolution System without paying IRS fees or needing formal submissions to the IRS. And it would establish a new three-year, $500 per-year tax credit for small businesses that automatically re-enroll plan participants into the employer plan at least once every three years.

Some of the other provisions of the bill include expanding the eligibility of defined contribution plans to include part-time workers that complete between 500 and 1,000 hours of service for two consecutive years; raising the age for required minimum distributions to 72 in 2023 and 75 by 2030, from 70.5 now; and an exception from required minimum distributions for individuals with $100,000 or less in aggregate retirement savings.

The senators cited a 2019 Government Accountability Office report that found that nearly half of all near retirees over age 55 have no retirement savings at all. They also cited a Bureau of Labor Statistics’ National Compensation Survey that shows that nearly one-third (32%) of private sector workers don’t have access to an employer-sponsored plan, and less than half (49%) of all individuals working for small businesses have access to an employer-sponsored plan.

They also said that among those lowest-paid workers, only about one in five earn retirement benefits, with just 22% of low-income workers participating in a retirement plan.

Related Stories:

House Committee Passes Bill to Overhaul Retirement Plans

Survey Highlights Need for Auto-Enrollment in Public Sector Supplemental Retirement Plans

Tags: , , , ,

Many Institutional Investors Confuse ESG with Socially Responsible Investing

White paper says purpose of ESG is to improve financial performance, not change the world.

Institutional investors must be careful when navigating the legal issues relating to environmental, social, and governance (ESG) factor integration, or they may risk running afoul of their fiduciary duties, according to a white paper from Randy Bauslaugh, a partner in the Canadian law firm McCarthy Tétrault, and Hendrik Garz of Sustainalytics, a provider of ESG research.

Bauslaugh and Garz write that ESG is often confused with socially responsible investing (SRI) by institutional investors. They said the purpose of ESG factor integration is to improve financial performance or mitigate financial risk, not stop climate change, improve workplace diversity, or end child labor.

“This confusion has professional and reputational implications for actuarial and other firms that advise pension funds,” they wrote, “since actuaries are often the primary point of contact for many pension funds.”

The paper said that from a legal perspective, other non-economic goals or aspirations are at best distractions, and at worst are departures from proper fiduciary behavior.

For more stories like this, sign up for the CIO Alert newsletter.

“If ESG factors are not financial factors, then they cannot be advancing the primary purpose of a pension plan, which in most jurisdictions will be to provide financial benefits in the form of lifetime retirement income,” said the paper. “If the ‘non-financial’ factors are not relevant to providing financial benefits, they shouldn’t be considered, except in extremely well-defined and exceptional situations.”

The paper highlighted the main legal issues relating to ESG factor integration, and provided some insight into the current state of ESG analytics in order to provide some practical guidance for actuaries.

“The starting point for investment management in many jurisdictions is developing a written investment policy to guide prudent management,” said the paper. “Increasingly, that written policy must expressly disclose whether ESG factors are considered, and if so how.”

The paper attempts to distinguish ESG from SRI, and said that legislation, regulatory guidance, and statements from agencies such as the United Nations blur the distinctions between the two. It said a major barrier to understanding the legal obligation of plan fiduciaries relating to ESG factor integration is the confusing language that “shades the boundary between taking into account financially relevant ESG factors on the one hand and promoting ethical or social behavior for its own sake on the other.”

Bauslaugh and Garz write that the purpose of ESG integration from a fiduciary perspective should be to take into account any and all financially material risks and opportunities that arise out of environmental, social, and governance information. They said it is not about achieving particular environmental, social, or governance goals—that is the purpose of SRI, and may not be consistent with fiduciary duties.

“A bit of understanding can help actuaries better assist fiduciaries (trustees) to avoid making statements or disclosures about ESG investment practices that could provide proof they don’t understand their fiduciary duty or, worse, that they are in breach of it,” said the paper. “After all, written investment policies and other disclosures are evidence.”

Related Stories:

ESG Matters (Part 2): Recruits Can’t All Come from Ivy League Schools

ESG Grows More Popular with Asset Managers

Tags: , , , , ,

«