https://wallstreetonparade.com/2013/04/now-that-you-know-wall-street-can-eat-up-two-thirds-of-your-401k-with-fees-you-should-also-know-it-formed-a-coalition-to-block-full-disclosure-of-that-fact/


By Pam Martens: April 30, 2013

Last week we reported on a PBS Frontline program showing that a 2 percent
mutual fund management fee can gobble up two-thirds of your nest egg for
retirement over a span of 50 years of saving. Now comes an equally ugly
truth.

Since at least 1998 the U.S. Department of Labor, which oversees the
nation’s 401(k) plans, has known that fee gouging was eroding the ability
of workers to adequately build wealth for retirement in 401(k) plans. It
took more than a decade for the Federal agency to pass a regulation
mandating that 401(k) recipients receive fee disclosure in an annual
mailing. Leading the charge against full disclosure was a coalition of
trade associations dominated by Wall Street.

On April 13, 1998, the U.S. Department of Labor published a “Study of
401(k) Plan Fees and Expenses,” noting the following:

“Expenses of operating and maintaining an investment portfolio that are
debited against the participant’s account constitute an opportunity cost in
the form of foregone investments in every contribution period. The laws of
compound interest dictate that these small reductions in investment are
magnified greatly over the decades in which many employees will be 401(k)
plan participants. Observers have concluded that some plan providers are
charging as much as 100 basis points in fees and expenses over the
prevailing average rates (Benna; Butler, November 12, 1997). The effect of
such higher levels of expenses would be to reduce the value of potential
future account balances for these participants…

“A second issue of concern to many observers is that sponsors (and
participants) lack adequate information on the structure and extent of fees
and expenses to make informed choices about service providers and
investment options. Thus, the inadequate disclosure of information may be a
factor in the existence of the large variance in fees and expenses of
401(k) plans…”

Today, the U.S. Department of Labor web site carries a candid statement of
what is happening to the unsophisticated in their efforts to save for
retirement in 401(k)s: “Do you or your loved ones know how much you are
paying for your retirement accounts? You could be losing tens or even
hundreds of thousands of dollars because of excessive and hidden fees.”

Back in 2007, when the Department of Labor put out for public comment its
proposed rules on making fuller and clearer disclosures on 401(k) fees, a
swat team of Wall Street related trade associations organized together to
beat back too much disclosure. Noteworthy among the members was the
infamous U.S. Chamber of Commerce, the Financial Services Roundtable and
the Securities Industry and Financial Markets Association (SIFMA).

In a letter dated July 24, 2007, the group argued the following points:

“More disclosure will not always be better…”
“More detail about the components of asset-based fees is not relevant to
the total cost of investing…”
“Fee information should not be elevated so as to suggest that fees are the
most important factor in selecting investments…”
“The Pension Protection Act of 2006 (PPA) requires that participants have
access to investment education materials and a new requirement in this area
is not needed…”
The trade coalition produced no surveys, no research to back up the
proposition that keeping 401(k) participants blissfully ignorant of grainy
fee details was in their best interests. In fact, the preposterous idea
that investors already had adequate information or that “more disclosure
will not always be better” was discredited in a February 2011 study
conducted on behalf of AARP. Titled “401(k) Participants’ Awareness and
Understanding of Fees,” the report found that seven in ten (71percent)
participants were not aware that they pay fees to their 401(k) plan
provider. When participants were told there were fees, 62 percent did not
know the amount of fees they pay.

Beginning last August, 72 million participants holding some $3 trillion in
401(k) assets were to begin receiving an annual statement of the fees they
are being charged. The statements for assets with a varying return (such as
stock, bond and money market mutual funds) are to show the total annual
operating expenses expressed as both a percentage of assets and a dollar
amount for each $1,000 invested. In addition, commissions, front end and
back end sales loads, surrender charges, account fees were also to be
spelled out.

For investment options that have a fixed rate of return (such as fixed-rate
annuities), information was to be provided on any shareholder-type fees or
restrictions on the ability to purchase or withdraw from the investment.

Additional information for the 401(k) investor is provided at the following
Department of Labor web pages:

Understanding Your Retirement Plan Fees

A Look at 401(k) Plan Fees – video

A Look at 401(k) Plan Fees – publication

FAQs on Disclosure to Help Employees Understand Their Retirement Plan Fees

Maximize Your Retirement Savings – Tips on Using the Fee and Investment
Information From Your Retirement Plan

What You Should Know About Your Retirement Plan

Before It’s Too Late Newsletter

Retirement Plan Fee Disclosure Rule Fact Sheet

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