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401(k) FeesWhat You Need to Know

Celia RafalkoPiedmont Independent Fiduciaries, Inc.

Celia@PIF401k.com804-888-7765

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• There are over 72 million 401k participants in America invested in more than 483,000 plans which contain over $3 trillion in assets.

• 71% Believed they paid no fees

• 81% Believed it was very important/somewhat important in making investment decisions

401(k) Participants’ Awareness and Understanding of Fees, AARP, 2011

• 48% of plan sponsors did not know if their service providers had revenue sharing arrangements with other providers.

Government Accounting Agency, April 2012

The 401(k) Landscape

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Numerous lawsuits have been filed against employers and investment providers charging they breached their fiduciary duties by failing to monitor hidden fees and to determine whether such fees were reasonable.

Litigation

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Newark Star-Ledger August 2010

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• A plan sponsor is required by ERISA to know all the fees paid to service providers to the plan and must be able to make an informed decision that they are reasonable for services provided.

• Failure to do so makes the plan sponsor personally liable for any losses the plan incur.

• Fee Disclosure Rules went into effect last year requiring full disclosure. (ERISA 408(b))

• A plan sponsor fiduciary is PERSONALLY liable for losses incurred by the plan for a failure.

Why Do You Care About Fees?

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• Alleged that the Plan Fiduciaries failed to discharge their obligations by not properly documenting and monitoring Fidelity’s fees

• ABB, Inc., the ABB pension and benefits committees, and the individuals serving on these committees (collectively “Plan Fiduciaries”) were found jointly and severally liable for $35.2 million in damages for violations of their fiduciary duty under ERISA

• Fidelity was liable for $1.7MM in lost income related to float income it retained

Tussey v. ABB, Inc, Fidelity Trust and Fidelity Management, Et Al.

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1% in excess fees over the average American’s working lifetime, reduces their nest egg at retirement by 28%. DOL, EBSA Website

An example:• A 35 year old investing $800 a month until 65, with average annual return of 7% net of fees will have $1,048,500. • If fees were 1% less, return would be 8% per year for $1,278,850.

Eliminating 1% of fees makes a $230,256

difference in the long run!

What is the Impact of Fees?

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Who are the Players?

Every plan has four major functions

• Record Keeper

• Custodian

• Third Party Administrator

• Investment Manager and/or Advisor

All All can be paid in a variety of ways, both direct and indirect 8

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Record Keeper

The Record Keeper is the Accountant for the Participants

• Track contributions by participant and type of contribution• Record and implement investment choices and changes• Provide statements to participants• Provide a web site for participants to view and change their accounts• Work with the Custodian to initiate and execute investment changes

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Third-Party Administrator

The Administrator designs to plan to meet the company’s goals for the plan and is also responsible for compliance testing.

• Recommend plan design choices • Safe Harbor, Profit Sharing, etc.

• File the Form 5500 annually• Perform compliance testing • Assist with remedial actions if needed

All those services can be discrete companies or bundled together by one company

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Investment Manager and Advisor

The Investment Manager is usually the Mutual Fund or Exchange Traded Fund manager. There can also be an Investment Manager or Advisor to the Plan.

• Manage Investment Assets (Mutual Fund, ETF or Pooled Fund)• Provide advice to the plan on investment choices• Provide investment portfolios for participants• Select and monitor investments on behalf of the plan sponsor (3(38) fiduciary

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$520,692

$839,126

Types of Providers

A 401(k) Plan can come from many types of providers

• Banks • Brokers, both insurance and securities• Registered Investment Advisors

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The Rules Differ per Provider

• Brokers are regulated and managed on sales

• Suitability Standard of Care based on time horizon and risk tolerance

• No fiduciary responsibility

• Paid on sales commissions from product providers and transaction costs.

• Banks are regulated by the OCC and are generally exempt from SEC oversight.

• Work for and represent their bank• Paid by fee, payments from product providers

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Registered Investment Advisors

RIA’s are held to a Fiduciary Standard• Must act solely in the interests of participants and beneficiaries

• Duty of loyalty

• With the care, skill, prudence and diligence of a

prudent expert

• Diversify investments so as to avoid the risk of

large losses

• Follow the plan

• Paid by fee from the client

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Insurance 401(k) Plan

Generally Group Annuity Plans Bundled with

Administration, Custody and Record-keeping

Annual Charges& Fees

Inv Mgmt &Admin Charge

Expense Ratio &

Transaction Costs

Contract Asset Charge

No fiduciary services

Fees are generally hard to find

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Insurance Example

Transamerica Partners Mid-Cap Value*

1.30% Total Expense Ratio

1.21% Investment Management & Admin Charge

0.37% Annual Charges & Fees

0.25% Contract Asset Charge

1.51% Transaction Cost**

4.64% Actual Cost

*This is an actual example from a Transamerica plan.**All mutual funds have transaction costs

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• Prospectus – 72 pgs– 9 pgs reference fees, compensation or conflicts of interests

• Statement of Additional Information– 285 pgs– 17 pgs reference fees, compensation or COIs

• Annual Report – 44 pgs– 6 pgs reference fees, compensation or COIs

• Semi-Annual Report – 36 pgs– 8 pgs reference fees, compensation or COIs

• Group Annuity Contract – 33 pgs– 5 pgs reference fees, compensation or COIs

• Plan Level Documents – 58 pgs– 9 pgs reference fees, compensation or COIs

• Administrative Service Agreement – 11 pgs– 2 pgs reference fees, compensation or COI

Where is the Disclosure?

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Securities Broker

• Typically a bundled product with all services included

• Paid by Investment Share Class – Commission (up to 5.75%)– Annual 12-b1 fees (distribution fees) – Annual Sub Transfer Agent fees

• No fiduciary services• Can provide investment advice to plan but not

management for either plan or participants• Suitability Standard

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Investment Costs

Fee /Share Class

A R-1 R-2 R-3 R-4 R-5 R-6

Management Fee

0.43% 0.43% 0.43% 0.43% 0.43% 0.43% 0.43%

12b-1 Fees 0.24% 1.00% 0.75% 0.50% 0.25% none none

Sub-TA Fees 0.18% 0.21% 0.48% 0.22% 0.18% 0.13% 0.09%

Total Expense Ratio

0.85% 1.64% 1.66% 1.15% 0.86% 0.56% 0.52%

Annual Cost per $1MM

$8,500 $16,400$16,60

0$11,500 $8,600 $5,600 $5,200

American Funds EuroPacific Fund

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Another Example

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• $7,726.30 Management Fees

• $11,141.38 12(b)(1) fees

• $3,941.08 Sub-TA fees

• $22,808.76 Total (67.7% higher )

• $15,082.46 .75% for other fees

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How Do Those Fees Look?

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Banks

• Typically a bundled product with all services included

• Paid by a fee and Investment Share Class – Negotiated Record-keeping/Admin fee– 12-b1 fees (distribution fees) – Sub Transfer Agent fees

• No fiduciary services• Can provide investment advice to plan but not

management to plan or participants• Some banks credit back 12b-1 fees, others add on

fees where there is no 12b-1

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A Bank Example

$6,000,000, 71 participants Bank Example

Service Rate Cost in Dollars

Record Keeping 0% $0.00

Administration$4,500 + $34 per

participant$6,914.00

Custody 0.00% $0.00

Mutual Fund Expense Ratio average

1.46% $87,600.00

TOTAL 1.58% $94,514.00

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Registered Investment Advisor

• An independent model with each service provider a separate company

• Paid by fees negotiated with the plan sponsor• No sales commissions or product fees so not tied to

product sales agreement• 12b-1 fees credited back to the plan• Fiduciary services available to plan and to

participants• Fiduciary Standard of Loyalty and Care

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An RIA Example

$6,000,000, 71 participants Independent Providers

Service Rate Cost in Dollars

Record Keeping $40 per participant $2,840

Administration$2,400 plus $30 per

participant$4,530

Custody 0.06% $3,600

Investment Expense Ratio average

0.15% $9,000

Investment Advisor Fee 0.55% $33,000

TOTAL 1.18% $52,970

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The way a 401(k) is purchased determines how fees are structured and now easy it is to find

them.

It is a requirement that plan sponsors know the fees charged and understand the value for the

services provided.

Failure to do so can result in significant penalties for the plan sponsor.

Conclusions

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Piedmont Independent Fiduciaries is a Registered Investment Advisory Firm that specializes in Deferred

Compensation Plans.

Investment management for Plan Sponsors

Portfolio management for participants

Service provider recommendations

Plan expense consulting

Plan review consulting

Ongoing participant support and education

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PIF401k.comInfo@pif401k.com10900 Nuckols Rd, Suite 200Glen Allen, VA 23060800-767-8772

Celia Rafalko, CEOCelia@PIF401k.com800-767-8772, ext. 103

Sue Davis, Vice-President, Client ServiceSue@PIF401k.com800-767-8772, ext. 102

Contact Information