Fee Disclosures Could Make it Harder on Small, Midsize Retirement Plan Sponsors

February 16th, 2012

 by Robert Grey, Accredited Investment Fiduciary®, Denver Money Manager LLC

The U.S. Department of Labor’s final rule regarding fee disclosure to plan sponsors could have some unintended consequences.

Because of its lack of specificity regarding how plan service providers must provide fee information, some in the industry worry that small plan providers will not be able to figure out what they are paying based on what they receive.

As the regulation stands, it is on the shoulders of the plan sponsors to let the Department of Labor know if they haven’t received the information they are supposed to receive from their service providers.

Plan administrators could get a box of information dumped on them during the last couple of weeks before the July 1 compliance deadline and not have a clue how to read it or figure out what fees they are actually paying.

The 408(b)(2) regulation, which is part of the Employee Retirement Income Security Act , requires 401(k) and ERISA 403(b) service providers to furnish information that will enable plan fiduciaries to determine if compensation they are paying to service providers is reasonable and whether there are any conflicts of interest that may affect a service provider’s performance under the service contract or arrangement.

The biggest problem is that plan sponsors will receive a quantity of information from the plan providers. Embedded in this information will be detailed fee information that the plan sponsor will be required to identify and evaluate. For large employers, this is no problem. They have internal expertise. For small and medium-sized employers the situation is different. Most do not have internal expertise and their “advisor” is more likely a sales person not a 3 (38) ERISA fiduciary advisor.

“The one group where this will be a wakeup call is for small plan sponsors who haven’t adjusted their fee arrangements since they initiated the plan many years ago,” according to David Wary, President of the Plan Sponsor Council of America. “Fee bracket creep is an issue.”

Wray explained that the original fee arrangement when a plan is first formed is typically high because there are virtually no assets in the plan. The fee is supposed to go down as assets grow and account balances grow, but it is the plan sponsor’s job to have the discussion with their provider.

“As account balances grow, the plan is eligible for reduced fee arrangements. However, if the plan sponsor doesn’t go to the provider and ask for them, these lower fee arrangements don’t occur,” Wray said.

He added that he doesn’t believe plan sponsors have given fees much thought because they have mostly focused their attention on plan performance.

At Denver Money Manager LLC, we believe the regulations will create more competition and more benchmarking, but they will push us even further to a fee for service model. The rules will have a detrimental effect on individuals who charge for their services to a plan, but don’t really do much for the plan.

With the new disclosures, all plan advisors will have to write out a description of what they have done for the plan to earn their fees.

When advisors are forced to spell out what they do and how much they are charging to do it, the new regulations ultimately will make the private retirement system more efficient.

David Booth Interviewed at the World Economic Forum

February 16th, 2012

Dimensional’s chairman and co-CEO says Europe may not fare as badly in 2012 as people think because expected returns may be higher now that asset prices have already been driven down by negative sentiment.

 

Embracing Imperfection

January 13th, 2012

New Year’s resolutions often involve making promises to ourselves we can never keep. But instead of tilting at windmills, we can often generate better results by merely resolving to be less dumb in certain areas. And money is a good place to start.

One human tendency is to judge the effectiveness of our retirement savings strategies by looking at performances on one-, two-, or three-year horizons. We do this because we are wired to be more sensitive to short-term losses than to long-term gains.

This is why much of the financial services industry and media encourage a short-term focus for an audience with a long-term horizon. This is akin to looking through the wrong end of a telescope. The thing you should be focusing on looks even farther away.

The result of this short-term mindset is that investors end up following the herd and seeking safety when opportunities are plentiful and seeking risk when opportunities are few. The less dumb thing is to maintain a level of discipline amid the noise.

Another human tendency—and one allied to our built-in loss aversion—is to be suckers for the supposedly “free” or discounted offer. Like Homer Simpson, a zero price tag makes us fall for pitches selling us stuff that is neither necessary nor good for us.

In the world of investment, it’s this tendency that makes people gravitate to strategies that headline high returns without mentioning the risk, or that conveniently bury fees, commissions, and other costs. Regret lies on the other side of those decisions.

A less dumb thing is to focus on return and risk. They’re related. Focusing exclusively on return can lead to rude awakenings when risk shows up. Focusing exclusively on risk can lead to disappointment when returns are delivered.

A third tendency among humans is to succumb to what behavioural scientists call “hindsight bias.” Essentially, this is our habit of viewing events as more predictable than they really were. Call it the “I saw it coming” syndrome.

There is a fair bit of this around at the moment, with plenty of “experts” saying the sovereign risk crisis was completely predictable. This is strange because the overwhelming consensus among institutional investors a year ago was that fixed income would underperform in 2011. The crisis may have been predictable, but the market reaction wasn’t.

The consequence of hindsight bias for investors is they tend to be forever rewriting history and forever seeking to interpret performance based on what they know now rather than what they knew a year or more before.

A less dumb thing is to accept there will always be a level of uncertainty. The future is unknowable. And all we can do as investors is to ensure the risks we take are related to an expected return, that we diversify around those risks as much as possible, and that we exercise a level of discipline amid the noise.

It’s a way of embracing your imperfection, and it’s a New Year’s resolution you have a chance of sticking to.

2011 Market Review

January 13th, 2012

Click to view the PDF: 2011 Year in Review

Late Night Musing from a 40 Year Investment Veteran

January 6th, 2012

After 40 years of experience, I know that clients hate uncertainty and the older we get the tougher it is to stomach the ups and downs in account values. I also understand that even with well-designed plans clients react to the fear that uncertainty creates. More often than not their fear lets their emotions and stomachs take over. And stomachs don’t make good financial decisions.

Unfortunately, we can’t remove the uncertainty that may have your stomach rumbling. We completely understand the “all-too-human need” to believe that there’s someone who can protect us from bear markets in stocks, inflation, rising interest rates, or global political discord.  Truthfully, in earlier days, I thought I was that person.  Over time, I recognized that I had mistaken skill for luck and a crystal ball for market inefficiencies.  As the information-driven internet age arrived, the market inefficiencies that I was exploiting vanished. I had to acknowledge that the evidence from academic research clearly demonstrated that no such person exists. All crystal balls are cloudy, including mine.

The Need to Embrace Risk

We believe that clients should only take as much risk as they need to attain their financial goals.  If you had a bank account that looked like Warren Buffet, you could leave your money in a bank and forget about the stock and bond markets.  Unfortunately, that is not a luxury that most of us have.

We know, given our life expectancy, that most us of will need to take more risk than is comfortable.  Finding the balance between your comfort zone and the amount of risk that you need to take to assure that your money lasts as long as you do is a process that will go on for the rest of your life.  Risk implies volatility and uncertainty. Volatility and uncertainty create fear of loss. The antidote for the emotions is education.

Education is the key to coping with your fear of loss.  We can’t protect your money from the ups and downs of the financial markets but we can educate you.  Knowledge can be your shield.  We can teach you enough of what we know so that you can cope with the fear.  We can provide you with an investment discipline that will profit from the volatility by rebalancing your asset allocation.  Rebalancing controls the risk in your portfolio and presents periodic investment opportunities. During the retirement distribution phase, we use rebalancing to systematically move money from the “risk zone” to the “safe zone” to provide cash to supplement your retirement income.

Due to the volatility that you see today, money that you plan to spend in 5-10 years should not be invested in stocks. .  The best defense against the loss of principal in the stock market is broad diversification and global exposure combined with low costs and a 10+ year investment horizon.   This time horizon provides us the opportunity to obtain a higher return but volatility is the price that must be paid to get that return.

Your money is not going to vanish because when you own stock markets not individual stocks.  When you own bond markets not individual bonds. Stock and bond  markets will not go to zero.  The stock and bond markets are a survival of the fittest.  Over time, individual companies and their stock or bonds can disappear.  This is called “company specific risk”.  We can eliminate that risk from your portfolio by owning global stock markets giving you ownership of over 12,000 stocks. In the bond market, we own mutual funds or ETFs that are well-diversified.  The return that you can expect to receive is the return associated with formation of successful businesses that bring value to the world.  It is the return associated with the spread of capitalism across the world.  The return is the product of rising human expectations about making a better life for their families.

Perspective on Certainty

Certainty doesn’t exist in the investment world because so much of short term performance is affected by unforeseen events such as Mideast revolutions, Japanese earthquakes, tsunamis and the attack on the World Trade Center buildings. If certainty existed in the investment world, there would be very little reason to pay investors a higher return for taking a risk.  The higher return exists because there is uncertainty.  Our job is to make sure that you get paid for taking the risk that is the product of this uncertainty.  Many investors are unknowingly taking risks that they will produce no long-term reward. Market timing and stock selection are proven to be two uncompensated risks.  For that reason, we do not advocate either of them for our clients.  Nevertheless, some clients insist.  Academic research on forecasting clearly demonstrates that as much as we would like to believe there are those who can consistently predict the future, forecasting is folly.

Stage One Thinking & Waiting for the Green Light

When there are crises, investors focus on the negative news and conclude that whatever is happening will never go away.  They fail to consider the likelihood that government, Central Banks, businesses, or people will act to try to resolve the crises and restore their economies to a healthy state. Those who engage in “stage two” thinking understand that crises lead to actions to counter the problem. For example, faced with crises, governments typically enact fiscal policies, and central banks implement monetary policies to stimulate the economy. Companies that are not profitable become more productive or cut costs. Those policies often take time to produce results, but financial markets will react almost immediately to any action intended to address the problem. That means that well-designed policies will typically lead to the financial markets recovery long before the actual economic recovery.  Financial markets are forward-looking.

The stock market is one of the government’s nine components of the index of leading economic indicators because it anticipates the future. The failure to not think beyond stage one causes panicked selling and the resulting sell-low/buy-high outcomes most investors experience. Today, it often takes a crisis to get the action.  Unfortunately, crisis implies that investors are more likely to think with their stomachs and therefore more likely to sell just before some action is taken.  As a consequence, they miss the market recovery.

Other investors exit the markets to “sit on the sidelines” until the “green light” comes back on, indicating that it’s once again safe to invest in stocks. This is an illusion because there’s never a green light when it comes to equity investing. It’s never safe to invest. There’s always a high degree of risk. For example, if you had sold in March of 2009, when would have it been “safe” to again invest in stocks?

  • The unemployment rate continued to rise and stay at very high levels.
  • We had a series of mid-East revolutions.
  • North Korea launched an attack on South Korea.
  • Our budget deficit problems have not been solved in any way.
  • The U.S’s credit rating was downgraded.
  • Oil soared from below 50 to well over 100.
  • We had the PIGS crisis.
  • We had a flash crash.
  • Housing prices continued to fall.
  • Hundreds of banks failed.
  • Let’s not forget Meredith Whitney’s dire forecast for municipal bonds.

There never was a green light, which was why most investors that sold in late 2008 and early 2009, missed the rally.  Nervous investors did not begin talking about getting back into stock until the first quarter of 2011.  The stock market peaked 60 days later. There never is a green light.

If investors decide to sell, you must have a plan to get back in. The problem is there is no effective way to design such a plan, because history is likely to repeat itself, and you’ll be trapped in a vicious circle of buying high and selling low.

There are very few investors who can avoid all risks and still achieve their life and financial goals. The strategy most likely to allow you to achieve your goals is to aband focus on the things you can control:

  • The amount of risk you take
  • Diversifying the risks you take as much as possible
  • Keeping costs low and tax efficiency high

In other words, while the advice to arrive at a target asset allocation  may not seem to be the most satisfying of answers, we believe the evidence demonstrates that it’s the right one. The last thing investors should do in response to a crisis, or any period of volatility and uncertainty is to let their stomachs take over.

The Need for Global Diversification

Some investors believe the U.S. is the safest place to invest. That is probably a result of the S&P 500 Index outperforming the MSCI EAFE and MSCI Emerging Markets International Indexes. It was only a few years ago that everyone was flaunting investment success in these same overseas markets. Other people talk about the lost decade in stocks.  The truth is the S&P 500 stock market did not produce a gain over the most recent decade.  However, international, small cap US stocks, and emerging markets stocks were very profitable. Today, the US stock market accounts for less than 50% of the global stock market.  Looking forward, we feel that the best opportunities for the growth of capitalism and the subsequent return in stocks are outside of our borders.

Bottom Line

The key to successful investing is to understand what Napoleon knew — most battles are won in the preparatory stage. For investors that means having a plan that incorporates the certainty that they’ll have to face many crises over their investment careers. Therefore, it’s critical to not take more risk than you have the ability, willingness or need to take.  If your stomach is roiling now, let’s check to see if you are able to lower your equity allocation and still be able to achieve your goals. If we find that is not the case, then we should at least consider lowering your goals, spending less now (saving more so don’t have to take as much risk), or planning on working longer.

Before closing, I offer these words of wisdom. It’s critical to remember that once something bad has happened, and we know the outcome, it’s too late to act because markets have already done so. You have already taken the risks and incurred the loss. Any reaction, after the damage has been done, is likely to be an overreaction, caused by panicked selling.

And finally, I would like to share an amusing irony. While most investors revere Warren Buffett, they ignore virtually all of his advice, including his advice to ignore all market forecasts and avoid trying to time the market.  His sage advice is – buy when others are panicking and sell when others are getting greedy. We agree.  The diversification of asset classes in your account combined with periodic rebalancing of your account will you have buying and selling according to Buffet’s advice.

Sincerely,

Rob Grey for the Denver Money Manager Team

Proud to be Recognized

November 15th, 2011

Denver Money Manager is proud to announce that we have been recognized as one of Denver’s Top Wealth Managers for the third year in a row!

20102009

Office Space Sets Tone for Client Interactions

November 9th, 2011

Denver Money Manager was recently contacted by a financial industry journalist because he had heard that we maintain “unique” office space. The results of over conversation can be found in the Fall 2011 issue of Advisor Solutions.

Is Capitalism a Zero-Sum Game?

October 25th, 2011

A very interesting video commentary by John Mackey,CEO Whole Foods Market.  We hope he is right that one day the only place to find poverty will be in a museum.  However for investor’s purposes, it is important to understand that Capitalism is not a zero-sum game.  Somebody else does not necessarily need to lose for you to prosper.  Capitalism is a wealth creation engine that we can all choose to participate in and benefit from.

An online demo of TD Ameritrade Institutional’s secure website

September 14th, 2011

Click here to view and online demo of TD Ameritrade Institutional’s new secure investor website.

Investors can access this site by visiting:

https://www.advisorclient.com/AdvisorClientWeb/logon.do

The Value of Good Advice

April 15th, 2009

In the face of the global economic downturn and deterioration of the capital markets, many individual investors that had been “going it alone” before have decided to seek professional advice.  It’s worth reflecting at this time on exactly what constitutes good financial advice and how investors can recognize it when it is offered to them.

First, good financial advice is not about providing a forecast. The smartest advisors are not those who seek to predict what will happen next in the markets, but the ones who help their clients make smart decisions about their money to secure the capital market rate of return.  This kind of advice is not based on a hunch or guesswork, but on financial principles backed by long observation and research.  For more on the folly of speculating based on a prediction of the future, see this review of market timing.

Second, good financial advice is about structuring an investment strategy that is right for the individual, not one that reflects what the advisor is trying to sell or what will earn them the most fees or commissions. It has to match each person’s appetite for risk, while helping them reach their investment goals.

Third, good financial advice is about ensuring clients’ portfolios are structured around risks where there is an actual relationship with return.  While all investments that come with additional expected return also come with additional risk, not all risks come with additional returns.

Fourth, good financial advice means ensuring investors understand what they are investing in and that the management of those assets is handled transparently and with a great deal of integrity.

Fifth, good financial advice involves advisors being upfront with their clients about what they can and can’t control. If investors want to enjoy long-term equity returns, they need to be exposed to the equity market. That means they can’t avoid being exposed to a market downturn. However, they can ameliorate controllable risks such as excessive fees, taxes and their degree of diversification.

Sixth, good financial advice means keeping investors disciplined in their chosen asset allocation even when things seem hopeless. Good advisors remind their clients that falling prey to short-term anxiety and dumping their asset allocation to shelter completely in cash may not best serve their long-term wealth. It just means they forgo equity market returns and leaves them at risk of missing the bounce in risk assets when it comes.

Investors who have been advised properly have plenty of reason to hope. Their diversified portfolios may be down, but they can take comfort from the fact that potential returns are now at extraordinarily high levels and that, if they keep their nerve, they are positioned for the recovery when it comes.

That is the value of good advice.