
At Bodtke & Stewart we pioneered
the fee based pension consulting business. We found
time and time again, the representations and the
services offered by commissioned consultants, simply
left our clients bedazzled and confused.
It was not so much what they said, it's what they
did not say! It was not so much what they did, it's
what they didn't do!
Worse, the owner/shareholders
accustomed to protection as corporate officers,
were fiduciaries personally liable to plan participants
for the actions (and inaction) of others. It
seemed when the investments went up, the participant's
benefited. When the investments went down, the participant's
benefited (by claims against the fiduciary.)
Along the way, we discovered some nifty ideas
to make plans more liability proof, how to conduct
proper due diligence, how to get that diligence
documented in writing, and how to test those representation's
veracity. We also discovered some ways to increase
benefits for the truly deserving, lower turnover,
and lower plan cost tremendously.
Key Issues in Fee-Based Pension Engagements
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The dirty little secrets is: "The money
is in the money!" |
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You have an obligation to know those
costs to the plan. |
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Failures to perform
even ministerial acts are very expensive. |
Capabilities
At Bodtke & Stewart, we have been performing independent
plan administration and fee-based consulting for
over twenty years. We are members of the International
Foundation of Employee Benefit Plans and a member
of the International Society of Certified Benefit
Specialists, and we do not (and will not) work on
a commission basis.
This objectivity enables
us to provide fiduciaries and participants with
the following:
Plan Design
Ninety percent of the difficulty in plan administration
result from poor plan design. When filing out a
"plan formation or restatement checklist", certain
things that appear to be a "good thing", but lead
to serious issues if not well thought out. For example,
the anti-cutback rules state once a benefit provision
is in place, it cannot be removed. In any plan restatement
or transfer, you must be certain you understand
this rule. In another example, in an original plan
adoption, you must realize that many of the decisions
you make "by checking the boxes", are irrevocable
and bind you forever, unless you wish to terminate
the plan and not adopt another for a very long time.
Investment Vehicle Selection
Ninety percent of the performance based investment
issues result from poor investment vehicle selection.
Usually, plans start out small and require very
much service, but as they grow the fees on are not
characteristic of the effort required to properly
run the plan. Further, front loaded, back loaded,
or high daily asset charges create a drag on performance,
and serve as a big stick in keeping the plan in
an investment vehicle (no matter how expensive a
drag), for eight to ten years. Use an experienced
fee-based consultant to read the prospectus and
understand what you are getting your participants
into, before your options are eliminated and you
sign the contract. You are not going to get a free
lunch, but your not buying lunch forever either.
Plan Administration There
is a great deal of responsibility in maintaining
and running a qualified plan, and a great deal of
liability as well. First, you should insist on adequate
fidelity bonding and liability coverage on yourself
by your company. This bonding and liability policy
should be in place, prior to signing any contracts.
Second, you are the fiduciary, and the plan administrator
is your contractual service provider. That means
you get the liability, and he gets the work. He
can quit his job, but your stuck with the liability
for a long time. There is a great debate on bundled
service providers that provide incredibly inexpensive
plan administration, provided you buy your investments
with them. However, what you want is service after
the sale, and what they want is another sale. Understand
the fee situation completely, and use a reputable
provider who services after the sale.
If
you would like assistance in independent fee-based
pension consultation, please
contact us.
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