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ERISA Retirement Plan Fiduciary Responsibility Practicing Fiduciary Prudence Workshop. 2006 Benefits New York Conference New York, NY March 13, 2006 11:00 AM – 11:50 AM. About Your Presenters.

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ERISA Retirement Plan Fiduciary Responsibility Practicing Fiduciary PrudenceWorkshop

2006 Benefits New York Conference New York, NYMarch 13, 200611:00 AM – 11:50 AM


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About Your Presenters Responsibility

  • Greg Limoges is Vice President, Compensation, Benefits & HRIS at Monster Worldwide, Maynard, MA. His responsibilities include strategy, design, and implementation of global compensation and benefits programs, executive compensation, and long-term incentives. Prior to joining Monster Worldwide, Greg held similar positions at The MathWorks Corporation in Natick, MA and Waters Corporation, Milford, MA, was a Principal at Clark Consulting (formerly Executive Alliance), and held senior human resources positions at State Street Corporation, Main Street America, Fidelity, and Lockheed.

    Greg holds a B.S. in Psychology, Plymouth State University, and an M.B.A. from Rivier College.  He is a Certified Compensation Professional, Certified Benefits Professional and a member of WorldatWork.

  • Wayne G. Bogosian is founder and President of The PFE Group, Southborough, MA, a leading retirement plan vendor search, investment advisory and financial education consulting firm. Wayne is a frequent public speaker, having conducted more than 1,000 workshops and seminars on topics ranging from retirement planning and investments to corporate downsizing and mergers and acquisitions. He is co-author of The Complete Idiot’s Guide to 401(k) Plans and has been quoted in a variety of publications including Business Week, CNNMoney, Employee Benefit News, Reader’s Digest, USA Today, Wall Street Journal, Washington Post, and appeared on WCVB, MSNBC, and AOL.

    Wayne has a B.S. from Northeastern University, an M.B.A. from Suffolk University, is an Accredited Investment Fiduciary (AIF), and holds various securities licenses.


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Workshop Objectives Responsibility

  • What Are Your Fiduciary Duties?

  • Is Trouble On The Way? (i.e., What Should Fiduciaries Be Doing?)

  • What About Investment Selection & Monitoring?

  • What Actions Should You Take?


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What Are Your Fiduciary Duties? Responsibility

  • ERISA Duties

    • Act solely in interest of participants

    • Act for exclusive purpose of providing benefits and paying reasonable expenses

    • Conduct duties w/care, skill, prudence and diligence

      4 Diversify plan investments, unless imprudent

      5 Comply with provisions of plan and applicable law

Board of Directors

  • Guiding Influences

  • ERISA & IRC

  • Plan Document

  • Committee Charter

  • Investment Policy

Retirement or Administrative Committee

Functional Responsibilities in order to comply w/ERISA

(Duties may be delegated)

Employee Understanding

Audience

Content

Media

Frequency

Compliance

ERISA & IRC

Discrimination

Filings

Notices

Restatements

Plan

Funding

Design

Cost Analysis

Actuarial

Assumptions

Funding Schedule

Expense Reporting

Trustee

Custody

Trading

Reconciliation

Reporting

Payments

Distributions

Investment Management

Asset Allocation

Diversification

(Style, Market Cap, Geography

Security Selection,

Buy & Sell Decisions, etc.)

Administration

Participant Accounting

Transaction Processing

Confirmations

Technology

Benefit Calculations

“Prudence is About Process … Not Performance!”


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Players On The Same Team Responsibility

WHO IS A PLAN FIDUCIARY?

Social Security 30% to 35%

ERISA COUNSEL

Personal Savings 30% to 40%

INVESTMENT ADVISOR

Bonds 40.1%

Pension 30% to 35%

PLAN SPONSOR

RETIREMENT CONSULTANT


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Fiduciary Responsibility is About Process Responsibility

  • Who are the Plan’s fiduciaries?

  • Do fiduciaries know their duties (settlor vs. fiduciary; investment vs. administration)?

  • Do fiduciaries intend to comply with ERISA §404(c)?

  • What selection criteria was used (documented) to select service providers?

  • How are fiduciaries monitoring directed-trustees, administrators, investment managers, consultants, etc.? Using what benchmarks?

  • How are fiduciaries monitoring “parties-in-interest”?

  • How have fiduciaries communicated important Plan actions to participants?

  • Are the Plan’s fiduciaries properly bonded and insured?


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How Objective is Your Advisor? Responsibility

“Under the Investment Advisers Act of 1940 (Advisers Act), an investment adviser providing consulting services has a fiduciary duty to provide disinterested advice and disclose any material conflicts of interest to their clients.

In this context, SEC staff examined the practices of advisers that provide pension consulting services to plan sponsors and trustees. These consulting services included assisting in determining the plan's investment objectives and restrictions, allocating plan assets, selecting money managers, choosing mutual fund options, tracking investment performance, and selecting other service providers.

Many of the consultants also offered, directly or through an affiliate or subsidiary, products and services to money managers. Additionally, many of the consultants also offered, directly or through an affiliate or subsidiary, brokerage and money management services, often marketed to plans as a package of “bundled” services.

The SEC examination staff concluded in its report that the business alliances among pension consultants and money managers can give rise to serious potential conflicts of interest under the Advisers Act that need to be monitored and disclosed to plan fiduciaries.”

- Excerpt from “Selecting and Monitoring Pension Consultants: Tips for Plan Fiduciaries”

Written by the Securities and Exchange Commission, May 2005


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Likely Places for Fiduciary “Exposure” Responsibility

  • Plan Administration (Who, What, When, Where, Why, & How)

    • Misapplying Plan Rules

      • Eligibility

      • Compensation

    • Timely remittance (contributions & loan repayments)

    • Correcting discrimination test failures

  • Monitoring Service Providers

    • Ability of internal staff to monitor (training & education)

    • Administrative manual documenting processes & procedures

    • SAS 70 annual review

  • Plan Oversight

    • Meetings and Confirmation of Intent/Actions (Minutes)

    • Confirmation of “reasonable fees and expenses”


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Fiduciary “To Do’s” Responsibility

  • Fiduciary Committee – Structure and Function

  • Plan Oversight – Retained and Delegated


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Fiduciary Committee – Structure and Function Responsibility

  • Committee Structure

    • Review Plan Document for Guidance

    • Draft “Committee Charter”

  • Charter Should Define Committee Function

    • Purpose

    • Structure

    • Scope of Duties

    • Resources & Authority

    • Action

    • Duties/Prohibitions

    • General Guidelines

    • Maintenance of Plan Investment Policy

    • Selection and Oversight of Service Providers

    • Compliance

    • Indemnification

Action: Does Your Plan have a “Committee Charter”?


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Fiduciary Committee – Plan Oversight Options Responsibility

  • Option 1: Retain and Delegate

  • Option 2: Engage Independent Fiduciary

    • Generally follow best practices approach

    • Advantages

      • Expertise

      • No conflicts of interest

      • Full-time professional

    • Disadvantages

      • Cost: Expensive

      • Relinquish direct authority and control

      • Obligation to select and monitor fiduciaries


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Fiduciary Committee – Plan Oversight Responsibility

  • Committee Responsibilities

    • Which will be delegated? Which retained?

  • Delegated Responsibilities

    • Trust (directed-trustee)

    • Plan Administration (day-to-day recordkeeping)

    • Communications

  • Retained Responsibilities (Non-Delegated)

    • Functioning as a Prudent Fiduciary

    • Compliance

    • Investment Policy (Construction & Monitoring)

    • Fund Manager Performance

    • Fee Analysis (Total and Vendor-specific)

    • Vendor Oversight


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About Monster Worldwide Responsibility

  • Founded 1967

  • Online Recruitment

  • Public Company

  • 5,000 Employees

  • 26 Countries

  • 77% 401(k) Participation

  • Company Stock Match

  • Formal Plan Oversight


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Our Fiduciary “To Do List” Responsibility

  • Fiduciary Oversight – Getting Back to Basics

    • Committee Structure

    • Committee Charter

    • Investment Policy

  • Fiduciary Awareness and Understanding

    • Expectation  Investment Only!

    • Reality  Funding, Investment, Administration, Compliance, Communications

  • Initial and Ongoing Commitment

  • Objective and Unbiased Advice


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“Work-in-Progress” Responsibility

  • 401(k) Plan Vendor Search

  • What were our fees? Were they competitive?

  • How is the plan being “merchandised” to employees?

  • What role has/should company stock play in the plan?

  • Should we continue to use Plan Recordkeeper for investment reviews?

  • What actions were needed?


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Vendor Assessment Responsibility


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Plan Fees Responsibility

  • Fee Benchmarking

    • Competitive investment expense

    • High-side administration expense

  • Investment Performance

    • Top-quartile rankings for most plan funds

    • Employees were happy


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Taking Stock of Company Stock Responsibility

  • Know What You Are Getting Into

    • Oversight IS Required

    • Due diligence for Stock is no different than other Plan funds

    • Trouble travels with access (restricting diversification)

  • Fiduciary “Catch-22”

    • SEC vs. ERISA

    • Fiduciary duty to disclose material information that could prove harmful to participants Vs. SEC restrictions upon public disclosure by insiders

    • Who is an insider?

  • Actions

    • Discuss and document the issues

    • Develop and document proper procedures


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Excerpt From A Fiduciary Meeting Agenda Responsibility

  • Adoption of Feb. 10, 2005 (4th Quarter 2004) Meeting Minutes

  • Current Events (Affecting Qualified Retirement Savings Plans)

    • Mutual Fund Investigations Update

    • Implementation of Contingent Redemption Fees

    • Roth 401(k) Feature – Strategic/Tactical Discussion

    • New Fund Introductions

    • Company Stock Administration: Allocating Administration Expense

    • Share Class Adjustments: Passing Savings to Participants

  • Review of Q1 2005 401(k) Plan Results

    • Financial Markets Overview

    • Plan and Investment Performance

      • Participant Behaviors (participation/deferrals/loans, etc.)

      • Trust Financials

      • Investment Performance

      • Observations and Recommendations


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Fiduciary Reporting Should Include … Responsibility

  • Trust Reconciliation

  • Trust Allocation (Cash, Bonds, Stocks)

  • Participation & Average Deferral Rate Trends

  • Automatic Enrollment Results

    • Defaults and Investment Use

  • Loan Use (#s and average balances)

  • Self-Directed Brokerage Use

  • Advice Use


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Fiduciary Reporting Should Include … Responsibility (continued)

  • Plan Diversification(Balances and Contributions)

  • Fund Usage

    • # of Funds Used (by participant)

    • Lifestyle and Managed Accounts

  • Revenue Recapture Account Results and Usage

  • Comprehensive Cost Analysis(Administration, Investment, and Revenue Recapture)

    • By Fund (proprietary vs. revenue sharing)

    • By Plan

    • By Vendor


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Fiduciary Reporting Should Include … Responsibility (continued)

  • Investment Manager Performance

    • Vs. Investment Policy

    • Requirement “bar” for active Managers should be higher than passive Managers

    • Vs. Indices (2) & Peer Group & Comparables

    • Vs. Risk taken (Alpha, Sharpe Ratio)

      … and many others

  • Plan Fund Performance

    • Correlation matrix

    • Style and Market Cap Plot/Trend

    • Model Portfolio Comparisons vs. Composite Indices

  • Observations and Recommendations


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Do Plan Funds Add Value? Responsibility

Three-Year Benchmark And Portfolio Performance For Various Risk Levels

The return information below was determined using the following funds (indexes), as reported by Morningstar (Ibbotson):

CONSERVATIVE (C)

MODERATE (M)

MODERATELY AGGRESSIVE (MA)

AGGRESSIVE (A)

25% Cash 40% Fixed Income

25% Balanced 3% Large Value 4% Large Blend 3% Large Growth

15% Cash

35% Fixed Income

25% Balanced 9% Large Value

7% Large Blend

9% Large Growth

5% Cash

5% Fixed Income

10% Balanced

10% Large Value

10% Large Blend

10% Large Growth

8% Mid-Cap Value

7% Mid-Cap Growth

8% Small-Cap Value

7% Small-Cap Growth

10% International

10% Real Estate

5% Cash

10% Fixed Income

15% Balanced

10% Large Value

15% Large Blend

10% Large Growth

5% Mid-Cap Value

5% Mid-Cap Growth

5% Small-Cap Value

5% Small-Cap Growth

10% International

5% Real Estate


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Asset Allocation Assistance Responsibility

(Lifecycle (Risk & Age-based), Managed Accounts, Custom Strategies)

* The Naïve Allocation uses only the S&P 500 Index for equities, Lehman Brothers Aggregate Bond Index for fixed income, and 90-day Treasury Bills for cash and equivalents.

** Performance numbers reflect the target allocation weight of each underlying fund or index, rebalanced monthly.

ERISA Retirement Plan Fiduciary Responsibility|Practicing Fiduciary Prudence| 23


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Trouble Spots for Fiduciaries … Responsibility

  • Pension Plan vs. 401(k) Due Diligence?

  • Share Class selection and monitoring?

  • Vendor agreement proprietary-asset commitment?

  • Investment advice? (Investment Policy update)

  • Vendor gross revenue projections?

  • Cost vs. benefit (does a low cost plan require more plan sponsor support)?

  • Default fund selection?


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Trouble Spots for Fiduciaries ... Responsibility (continued)

  • Comparing plan investments and plan costs to incorrect benchmarks?

  • “Watch List” – Is it being used?

  • Company stock? Are insiders on Committee?

  • Reporting fiduciary actions to Board of Directors?


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Fiduciary “To Do’s” Responsibility

  • Confirm Your Committee (Structure and Governance)

  • Review/Draft Your Investment Policy

  • Identify How Vendor Oversight Is Accomplished

  • Interview Your Investment Advisor for Conflicts of Interest

If you don’t know what you are doing …

ERISA requires you to find someone who does.


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Thanks for coming! Responsibility

Greg Limoges

Vice President, Compensation, Benefits, HRIS

Monster Worldwide

Five Clock Tower Place

Maynard, MA 01754

(978) 461-8701

[email protected]

Wayne G. Bogosian

President, CEO

The PFE Group

144 Turnpike Road, Suite 360

Southborough, MA 01772

(508) 683-1400, ext. 205

[email protected]


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