Author: iralogixdev

Financial professionals working with retirement savers will be subject to a new rule that goes into effect on September 23, 2024. The Department of Labor (DOL) has updated the rule under ERISA and the Internal Revenue Code that defines when a person is a fiduciary for providing nondiscretionary advice to a retirement plan sponsor or an individual investor in a workplace retirement plan, IRA, or HSA. Under the new rules, more brokers, advisors, and insurance agents will be held to a fiduciary standard when providing personalized recommendations to retirement investors, including one-time rollover advice.

The DOL updated its 1975 rule to reflect today’s complex retirement savings market and to better protect retirement investors by requiring trusted advice providers to follow high standards of care and loyalty when making investment recommendations. The updated rule, according to the DOL, fills important gaps in its and other regulatory agencies’ rules to ensure that financial professionals adhere to more uniform conduct standards and mitigate their conflicts of interest whether they make recommendations to retirement investors on securities or non-securities investments, or recommendations to move retirement savings to another plan or IRA. 

New Definition of Investment Advice Fiduciary

The new rule replaces the 1975 five-part test for determining when nondiscretionary investment recommendations trigger fiduciary status. The new test focuses on whether a financial professional has effectively held themselves out as occupying a position of trust and confidence with respect to the retirement investor. Three criteria must be met:

1. Directly or indirectly (e.g., through or together with any affiliate) make professional investment recommendations regularly, as a part of their business
2. The circumstances reasonably indicate that a recommendation
   • is based on a review of the retirement investor’s particular needs or individual circumstances,
   • reflects the application of professional or expert judgment, and
   • may be relied upon by the retirement investor as intended to advance the retirement investor’s best interest
3. Receive a fee or other direct or indirect compensation in connection with the recommendation

A financial professional is also an investment advice fiduciary if they represent or acknowledge that they are acting as an ERISA fiduciary, and receive a fee or other compensation, with respect to the recommendation. 

Changes in the New Rule

• Does not include a private right of action for IRA investors, or other contract or warranty requirements that were part of the 2016 rule that was vacated by Fifth Circuit in 2018
• Sole remedies for non-compliance are those set forth in ERISA and the Code, which include only the imposition of excise taxes in the context of advice to IRAs
• Is broader than the 1975 rule but more narrow than the 2016 rule or the 2023 proposal as to the recommendations that constitute fiduciary advice and makes clear that the new fiduciary status test is objective
• Confirms that sales executions or sales recommendations that do not satisfy the objective test are not fiduciary advice
• States that investment information or education is not fiduciary advice
• Explains that an asset manager does not render fiduciary advice by making recommendations to a financial professional or firm that, in turn, will render advice to retirement investors in a fiduciary capacity

Investment Advice Fiduciary Needs PTE

Financial professionals who meet the DOL’s definition of investment fiduciary must satisfy the conditions of a prohibited transaction exemption (PTE) to mitigate conflicts of interests and receive payment that would otherwise be prohibited because the payment is directly affected by the recommendation. The DOL amended several of its existing PTEs to ensure all retirement investors receive the same standard of care, regardless of the product or service they receive. As a result, the only exemptions available for receiving conflicted compensation is PTE 2020-02 for advice with respect to the wide universe of investments recommended to retirement investors, and PTE 84-24 for recommendations by independent insurance agents.

The DOL states that the compliance obligations in PTE 2020-02, even with amendments, are generally consistent with those set forth in the SEC’s Regulation Best Interest (Reg. BI) and Interpretation of Conduct for Investment Advisers for advice to retail customers on securities. Therefore, broker-dealers and investment advisers that have already adopted compliance with Reg. BI or the fiduciary obligations under the Advisers Act should be able to adapt easily to the amended PTE.

Changes to PTEs

Finalized changes to PTE 2020-02 include coverage of pure robo-advice, pooled plan providers, and non-bank custodians for HSAs, clarifications on disqualifications from using the PTE, and the requirement to self-report and pay excise taxes to the IRS for non-exempt PTs. Another change from the proposal narrows when rollover disclosures are required. As amended, PTE 2020-02 only requires rollover disclosures for rollover recommendations from an ERISA Title I retirement plan and recommendations as to the post-rollover investment of assets currently held in a Title I plan. Rollover disclosures will no longer be required for advice to roll over from one IRA to another IRA or to change account type. The DOL notes, however, that advisors still have fiduciary care and loyalty obligations to make prudent efforts to obtain information about fees and investment options, and that demonstrating compliance will likely be difficult without documenting the basis for such recommendations.

PTE 84-24, as amended, does not require insurance companies to assume fiduciary status with respect to independent insurance agents.

Next Steps

The 2024 final rule and PTE package are scheduled to take effect September 23, 2024, with a one-year transition period for complying with the changes to PTE 2020-02 and PTE 84-24. During this time, investment advice fiduciaries must comply with the Impartial Conduct Standards and provide a written acknowledgment of fiduciary status.

The DOL has been attempting to update its fiduciary rules for years without longstanding success. While there are many supporters of these efforts to update the rules and protect retirement investors from advisors making recommendations based on their own financial interests, there are many stakeholders in the industry who are opposed to these changes for being too broad and the potential for making investment advice more expensive and less accessible for retirement investors because of additional compliance costs. Lawsuits seeking to delay the effective date or vacate all or parts of the rule/PTE package are expected.

As always, IRALOGIX continues to attentively monitor this regulation. Our platform and procedures will continue to assist our clients in navigating these regulatory requirements with minimal disruptions to their operations. We will provide further updates in the months ahead.

Dave Bernard steps down; board appoints Peter de Silva to lead company into its next growth phase

IRALOGIX, a leading retirement industry fintech provider, today announced that Dave Bernard stepped down as chief executive officer effective immediately. The board has appointed Peter de Silva as the new CEO of IRALOGIX. de Silva has been an IRALOGIX investor and board member for the past two years. He is a nationally recognized and highly accomplished financial industry executive.

“On behalf of the board, I want to thank Dave and the IRALOGIX team for the great job they have done in leading the company from a fledging startup to a truly disruptive force in the retirement market,” says Jim Smith, an IRALOGIX board member. “During his tenure Dave has been instrumental in not only building out a great product and a cutting-edge technology platform, but also assembling a very talented group of employees and senior leaders.”

de Silva assumes the reins at a critical juncture in IRALOGIX’s history as it continues to mature as a company. Last fall’s successful capital raise allows IRALOGIX to capture the significant growth opportunities ahead. de Silva has more than 35 years experience leading established companies in the financial services industry, including roles as president of TD Ameritrade’s retail business, president of Scottrade Financial Services, CEO of UMB Bank, and 17 years of experience at Fidelity Investments in various leadership roles.

“This is a really exciting time for IRALOGIX, its employees, and clients,” says de Silva. “We’ve had tremendous success helping to redefine and in many cases disrupt the wealth industry beginning with IRAs . My objective is to continue our innovative heritage, while speeding up our growth trajectory, scaling our business, and expanding our client base and distribution channels. I am thrilled to be given this opportunity to lead IRALOGIX as it enters its next lifecycle and to help solidify our mission of transforming the retirement experience for every investor in America.”

IRALOGIX enables institutional partners to rapidly launch profitable white-label IRA programs that leverage institutionally priced investments as well as professional advice and education. The company’s modular technologies are cloud-native and support a fully paperless process with no account minimums.

IRALOGIX recognized by FinTech Global as one of their WealthTech 100 companies for 2024.

Complementary accumulation and decumulation tools target retirement security for all

IRALOGIX, a leading retirement industry fintech provider, today announced a partnership with PensionPlus, an innovative decumulation solution that makes it easy for retirement plan participants to create a highly personalized retirement plan designed to last for their entire lives while keeping their current investments.

According to industry leader and PensionPlus CEO Shlomo Benartzi, “Collaborating with IRALOGIX will allow PensionPlus to further its goal of democratizing retirement income planning for all participants, including the tens of millions of Americans relying on IRA accounts.”

“We are honored to partner with Shlomo Benartzi and his team at PensionPlus as we integrate the most advanced post-retirement drawdown solution with the power of IRALOGIX’s groundbreaking IRA technology,” said David Bernard, Chief Executive Officer at IRALOGIX. “Together, we are creating fundamental change across the IRA and Wealth Management industries on behalf of every investor and all those who support them. PensionPlus gives IRA investors total control over their retirement savings and the opportunity to customize their retirement ‘paycheck’ for their specific needs.”

In 2024, 11,000 Americans are expected to celebrate their 65th birthday daily. Many struggle to convert their savings into a retirement paycheck that lasts the rest of their lives. Others are concerned about adhering to their income plan once in retirement and ensuring they don’t outlive their savings. Americans need a new and better way to create a personalized plan that matches their goals and preferences.

With PensionPlus, the benefits are clear: participants get a sustainable retirement paycheck while remaining in complete control of their investments (no transfer of assets required). In addition, PensionPlus monitors the plan (including spending and withdrawals) and adjusts the plan as needed based on portfolio performance and inflation. Additional features include an annual bonus payment and tax optimization. By creating an easy and affordable lifelong solution, PensionPlus aims to give all Americans the peace of mind they deserve in retirement.

Retirement Redefined as Gateway to Greater Flexibility, Not Necessarily an Exit from the Workforce

Millennials are Moderately Confident They’ll Have Sufficient Retirement Savings

Majority Won’t be Swayed by Taylor Swift’s Endorsement of a Presidential Candidate 

Pittsburgh, PA, March 11, 2024 – A new survey reveals how millennials are reshaping the retirement landscape, defining it by financial independence rather than an age-based benchmark. The study, which marks a new understanding of retirement planning’s shifting paradigms, surveyed millennials nationwide, shedding light on the evolving attitudes and behaviors surrounding their retirement readiness, retirement confidence, and consumer debt. The survey was commissioned by IRALOGIX, a retirement industry fintech provider, and took place in February 2024.

“Millennials are revolutionizing the traditional concept of retirement along with the very definition of the word itself, offering a fresh perspective unlike any other generation in the U.S.,” remarked Lowell M. Smith, Jr., co-founder of IRALOGIX and an expert on retirement matters. “The survey underscores a fundamental shift from what we previously understood: millennials don’t perceive retirement solely as a departure from the workforce. Instead, they define it as a stage of life characterized by enhanced career flexibility and an opportunity to pursue passion projects and hobbies, fostering personal fulfillment and making a meaningful social impact.”

Key findings follow below. 

Key Findings:

• 51% say retirement is defined not by age 65 but by financial independence where they can indulge their lifestyles without relying on traditional employment; 24% noted retirement at age 65 (i.e., ceasing all work) is a goal they’re highly focused on working towards; and 16% responded that retirement is not necessarily an exit from the workforce, but a time of greater flexibility in their lives.
• When asked if they see themselves retiring at some point, 47% of respondents said they will retire
  as soon as they can afford it,” and 22% will keep working, either because they “enjoy it or they don’t have sufficient retirement savings.”
• Millennials are moderately confident (47%) that they will accumulate sufficient savings to someday retire; 29% have no confidence in their ability to save enough to retire.
• When it comes to balancing short-term financial goals like vacations, buying a home, and paying down student loans/other debt with saving for retirement 62% indicated they try to “strike an even balance” between the two, and 29% are entirely focused on “living in the now” by focusing only on their short-term goals.
• Millennials appear to be able to contain their consumer debt reasonably well, with 55% saying they have between $0 and $20,000 in debt, excluding their mortgages; 18% have up to $35,000 in debt. Just 11% say their debt exceeds $65,000.
• The majority (55%) of respondents hold themselves accountable for ensuring they have sufficient retirement savings, while 25% say their employer is responsible, and 20% believe the government should provide their retirement savings.
• Of those who answered “employer” to the previous question, 37% said to make a comfortable retirement viable, employers should offer a robust retirement benefits package like a 401(k) or similar plan along with a competitive employee match; 24% want a traditional Defined Benefit plan with investments selected by investment professionals, where the employer assumes all the risk and is required to pay the employee a fixed monthly sum when they retire 

Other Takeaways

• When asked if they use technology like Robo-advisors, investment platforms, or AI to aid in their retirement planning, 60% said “no,” 28% answered “yes,” and 12% are “thinking about it.”
• 61% make regular monthly contributions to an employer-sponsored retirement plan like a 401(k), 403(b), SIMPLE IRA, or SEP IRA.
• When leaving an employer where they had a retirement plan in place, 25% rolled it over into their new employer’s plan; 27% rolled it into an IRA; 31% left it “untouched” with their former employer; and 16% withdrew the balance and spent it.
• Despite her fame and fortune, Taylor Swift doesn’t appear to hold much sway over millennials. When asked if her endorsement of a particular presidential candidate would have any influence on their vote, 71% said “no.” Just 29% answered “yes,” or “I haven’t given it any thought but I will.”

Methodology

The survey of 578 respondents was conducted online in February 2024 on behalf of IRALOGIX. Respondents, who skewed 56% female to 44% male, were drawn from a national sample of millennials, ages 28 – 43 with household incomes of $0 – $200,000 plus. To schedule an interview, or for a copy of the full survey results, please contact Scott Sunshine.