Nearing the Summit

  Last year, we took some family to the nearby Great Smoky Mountains in search of a waterfall of note — one that the guidebooks said was “readily accessible.” 

That said, it took longer than we thought — we’d come up around a curve on the mountain trail, sure that it would be right there —– only to find (just) another curve. As we crossed folks coming back down from the falls, we’d (breathlessly) ask — “how much further is it?” — and while the responses were varied in terms of their accuracy and descriptive depth, they all added “it’s worth it.” 

And you know what? It was.  

Well, believe it or not, we’re nearing another kind of summit; a week from today we’ll be about halfway through the 2025 NAPA 401(k) Summit. It’s later than “normal” this year — and it’s been a long-time coming. Indeed, your Summit Steering committee has spent nearly a year putting this all together — leveraging YOUR input on topics, each has aligned themselves with a specific workshop — literally “owning” that session. That means fleshing out the focus, lining up speakers/panelists, developing a core list of key takeaways, conducting trial runs/practices, and ultimately making sure that all the materials are in on time — and that on “game day” everybody shows up and does their part.

As a result, I can pretty much promise that you won’t be able to attend every session you’d like. In fact, I’d be surprised if you don’t find yourself torn between multiple sessions all going on at the same time throughout the event. This year, we’ve even added a “technical track” for those who want to get “down and dirty” with the details!

In fact, we do approach our content a bit differently than most, I think. While it’s gotten to be pretty common for events to boast of the pedigree of their steering bodies, many —perhaps most — are essentially no more than figureheads to the actual agenda development. They’re a group to whom the folks doing the “real” work of planning, structuring and implementing the event keep updated, mostly for a sense of validation and the occasional course correct. Oh, and so that the event can “show off” the luminaries that have agreed to lend their name (and face) to promote its bona fides. Trust me — this steering committee doesn’t just steer — they row!

There are, of course, a myriad of ways to build and structure events. Note here that I haven’t said a word about our keynotes, or even NAPA After Dark (that has, in just a few short years, emerged as the pinnacle of industry networking events). But, aside from the practical information, valuable insights, vibrant networking — and yes, world-class entertainment — it’s worth remembering that among all the (other) things that set the NAPA 401(k) Summit apart — unlike every other advisor conference out there — your NAPA 401(k) Summit registration helps support the activities of NAPA — your advocacy, information and education organization — not the bottom line of some corporate media organization or some private equity firm. NAPA not only informs and educates — it literally is your voice with regulatory agencies and legislative bodies both here in the nation’s capital — and across the nation.

There’s a new administration — one whose goals and objectives with regard to retirement policy are still emerging. And while I know to some it seems we say this every year — there are real concerns about the influence that fiscal policy might have on retirement plans, the implications for Social Security funding and benefits, and legislative initiatives that (still) seek to undermine the private retirement system. 

So, if you’re one of the record 3,000+ arriving in Las Vegas next week — please lend your voice, support the ARA PAC, and get ready to leave full of energy, ideas, and a renewed fervor to make a difference.[i] 

While you’re there, please stop me (I’ll likely be running) and say “hey!” Make sure to thank the Summit Steering committee when you see them — and the ARA/NAPA conference staff as well — cause something this big doesn’t even get off the ground without a LOT of careful/thoughtful planning and on-site execution! 

I can promise you that the views from OUR Summit will be worth the trip — and when you’re back home, you’ll want to remember to share that with the folks that haven’t made it there yet! 

• Nevin E. Adams, JD

 

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[i] And if you haven’t (yet) applied to be part of the NAPA DC Fly-In Forum — well, today would be a good day to do so before it fills up as well!

‘Making’ the Lists

Several years ago, I was surprised (and quite pleased) when a friend reached out to tell me that I had made it to one of those retirement industry lists.

I was sure he was pulling my leg, of course – but after a couple of congratulatory emails from other associates, I decided to check it out, and sure enough – there I was.

At the time, I remembered being more than a bit humbled at my inclusion alongside a number of individuals who, at least in my estimation, were a much bigger deal than I. Still, the recognition was gratifying, particularly when you consider how many very special people in so many different walks of life, work hard, make a difference, have an impact, and yet never really get any kind of public acknowledgement.

As much as I like being on those lists, it has been my great good fortune over the years to have a hand not only in evaluating the composition of such accolades, but in determining the categories of recognition. The first, years ago, had to do with plan sponsors rating their providers, followed by the development of the Retirement Plan Advisor of the Year award, and Top 100 Plan Advisors (albeit at another publication). Here I have been glad to have a hand in elevating and expanding the quality and importance of our Top DC Wholesalers (the “Wingmen”), the Top Young Advisor list (our “Young Guns”), and more recently in launching the Top Women Advisor list and this year our first-ever Top DC Advisor Team list.

We’ll be publishing this year’s list of Top Women Advisors shortly – and the list of Young Guns just after the new year (voting on the latter remains open through Dec. 15 at www.napatopyoungadvisors.org). Each year we get more nominations, and yet each year the quality of the candidates rises as well. Clearly the competition, not only “out there,” but here, is fierce. And well it should be.

Each list has unique attributes, of course, and participating in the development and refinement of the criteria – making those lists – is always a learning experience, not least because it gives me the privilege of having those discussions with some of the nation’s leading experts on our panels of judges.

I am pleased and proud to be able to acknowledge the good and valuable work of so many industry professionals – including those who may not make the list, but who nonetheless are making a difference in the nation’s retirement security every day.

But as much as there is to be learned from the evolution of the objective, quantitative standards for each list, there is the learning that comes from the qualitative responses of the nominees – the individuals who not only make those lists – but who, in their words and deeds – make those lists important.

- Nevin E. Adams, JD

View "Points"

By any measure, the just-concluded NAPA 401(k) Summit was an incredible, record-breaking success – with so much good content and networking that it was hard to choose between sessions. For those who weren’t able to be there – or who were unable to be everywhere at once – here are some random thoughts, insights and perspectives from that event.

Health savings accounts could wind up being a big deal.

One man’s loophole is another man’s incredibly important tax preference.

The most important thing is not what happened, it’s what’s going to happen.

Online gambling didn’t kill Vegas – and robo-advisors won’t kill 401(k) advice.

In tax reform, everything is about trade-offs.

84% of Millennials surveyed want their investments to make the world better.

Retirement plans are about 1/50th of what a plan sponsor does.

Fees are still a major factor in landing a new client.

Most people want to do the right thing, but they don’t know how to do it.

When the market goes down, lawsuits go up.

Claiming Social Security before age 66 permanently reduces a client’s retirement benefit. Almost
75% of Americans claim Social Security before their Full Retirement Age.

After 66, Social Security retirement benefits grow by 8% per year.

All PEPs are MEPs but not all MEPs are PEPs.

People want to be financially secure. They know what to do to become financially secure. Yet, they are not financially secure.

What do you have “in your head” that’s not on your website?

In 1835 the normal retirement age was… death.

The DOL’s been very clear that “QDIA protection evaporates” under certain circumstances.

President Trump is like a tech stock – he could fly high, or he could be a train wreck.

For a plan committee, especially when it comes to investment changes, doing nothing is often best.

For prospects, at the end of the day, client references are the ultimate value message.

Repeatability is an important key to building a practice.

Plan sponsor: “Don’t assume what’s obvious to you is obvious to me.”

So, how are you going to top this?

We heard the latter a number of times during the course of the 2017 NAPA 401(k) Summit – which admittedly set a whole new standard for what has become the nation’s retirement plan advisor convention. But we also heard that after the 2016 NAPA 401(k) Summit, and I think we managed to do so. Thanks again to our sponsors, our presenters and facilitators, and most particularly those who supported the event with your attendance and participation – who were all part of a remarkable experience!

If you were there, tell a friend. And whether you were there or not, make plans now to attend the 2018 NAPA 401(k) Summit – and see how we’ll top this year’s!

Sign up for updates at http://napasummit.org/.

- Nevin E. Adams, JD

Why You Shouldn’t Hire Your Brother-in-Law as Your Plan’s Advisor

Last week an advisor reached out to me looking for an article on a topic that comes up with remarkable frequency.

Specifically, this advisor was dealing with a situation where a client was considering hiring their brother-in-law as the plan advisor, and wondered if we had ever written an article dealing with that situation. It’s not the first time I have been asked that, though sometimes it’s a cousin, a friend, a friend’s cousin, or a cousin’s friend.

When that situation comes up – and come up it will – this is what I would tell them:

If you’re a plan sponsor, you’re an ERISA fiduciary.

If you have discretion in administering and managing the plan, or if you control the plan’s assets (such as choosing the investment options or choosing the firm that chooses those options), you are a fiduciary to the extent of that discretion or control. Ditto if you are able to hire individuals to control those assets – including your brother-in-law.

Plan decisions you make as an ERISA fiduciary – including hiring those who provide plan services – must meet certain criteria.

As an ERISA fiduciary you have a legal obligation to act solely in the interest of plan participants and their beneficiaries and with the exclusive purpose of providing benefits to them. Does hiring your brother-in-law meet that test? Would it look that way to a judge?

As an ERISA fiduciary, you’re expected to be an expert — or to hire help that is.

You may not have been told this when you were given this responsibility, but when you, as an ERISA fiduciary, act for the exclusive purpose of providing benefits, you are legally bound to do so at the level of a hypothetical expert. Lacking that level of expertise, the Labor Department says that “a fiduciary will want to hire someone with that professional knowledge to carry out the investment and other functions.” Like your brother-in-law?

As an ERISA fiduciary, you’re expected to fire help that isn’t expert.

The flip side of hiring an expert is being able to terminate that relationship if they aren’t fulfilling their obligations. Think how awkward Thanksgiving dinner will be if you fire your brother-in-law. Think how awkward it will be standing in front of a judge if you should have – and don’t.

Your liability as an ERISA fiduciary is personal.

There are any number of things that can go wrong in running a workplace retirement plan. That’s why it’s important to hire experts – and to keep an eye on them. But don’t forget that ERISA fiduciaries can be held personally liable to restore any losses to the plan, or to restore any profits made through improper use of the plan’s assets resulting from their actions.

It is, of course, possible that your brother-in-law is an expert in such matters, that he brings real value to your plan and the participants and beneficiaries it serves, and that your decision to engage his services is based solely on your desire to fulfill your fiduciary obligations.

If so, by all means proceed – just take care to make sure – as you should with any such hire – to document the rationale behind that decision.

Your brother-in-law will understand.

- Nevin E. Adams, JD