Thomas Hawkins

If a tree falls in the forest, does it make a sound? Opinions are split on this weighty philosophical matter, but a more-definitive answer to another question may surprise you.

If a search for a missing participant is not properly documented, is it a diligent search? To regulatory authorities who may scrutinize a plan sponsor’s search efforts, the answer is decidedly “no.” For a regulator to consider a search to be diligent, it must be well-documented, and to do otherwise can result in audits, penalties and increased fiduciary risk.

Anyone of sufficient age who exercises regularly knows that gains become harder as you grow older. While improvements are possible, increased effort doesn’t always work. Instead, older fitness aficionados dial in the quality and efficiency of their workouts to experience continued gains.

The 401(k) cashout leakage problem is once again in the news, with the publication of an alarming study by academics, as well as new data from Fidelity Investments revealing a cashout leakage ‘danger zone’ facing participants between the ages of 30-39.

These studies, combined with the mounting weight of empirical evidence gathering for more than a decade, confirm that 401(k) cashout leakage is a huge, persistent problem.

After making great strides following the Pension Protection Act of 2006 (PPA), adoption of auto enrollment has continued to build slowly but steadily in recent years. According to DOL Form 5500 data, by 2021 the feature has been adopted by plan sponsors housing almost 50% of total 401(k) participant accounts.

Determining retirement plan participants’ life status is an important, albeit uncomfortable task for plan sponsors. Whereas plan participants are typically more concerned about securing a comfortable retirement income that lasts for life, plan sponsors must deal with deceased participants who will leave behind residual plan benefits requiring proper administration.

When it comes to locating missing retirement plan participants, there’s no substitute for an effective electronic, or “e-search.” However, retirement plan sponsors will inevitably encounter scenarios where periodic e-searches alone will not suffice.

To quote Ferris Bueller: “Life moves pretty fast. If you don't stop and look around once in a while, you could miss it.”

For those accustomed to a glacial pace of change in the world of retirement, you could be forgiven if you’ve missed two very recent, tectonic shifts toward the system-wide adoption of auto portability, the new default plan feature that automatically moves small balance retirement savings forward as participants change employers, saving them time and money, while dramatically reducing cashout leakage.

Last year at this time, our firm predicted that 2022 would be a pivotal year for retirement savings portability. It turns out we were right, but we confess to being pleasantly surprised at just how consequential (and positive) the year has been, and it’s not over yet.

Here’s a rundown of key events during 2022 that have helped to positively shape the future of retirement savings portability:

For defined contribution recordkeepers, competition has long been fierce, so it’s extraordinary when industry rivals join forces and align around a common cause.

That alignment around auto portability, embodied in the newly launched Portability Services Network (PSN), was on full display in a 12/8/22 Groom Law Group webinar. The event featured representatives from retirement industry titans and founding PSN members Alight Solutions, Fidelity Investments and the Vanguard Group, joined by Retirement Clearinghouse (RCH).

In the retirement community, momentum is growing to make our 401(k) system more inclusive and to ensure that retirement savings are more equitable.