written by Jouran Crosby
Here is the article that resulted in this blog (http://www.cnbc.com/id/28862360):
Ask The Experts: What If My Money Manager Defaults?
Here is the reader's question:
My problem is that i have a 401(k) through my employer and it is well funded now that I have been working for 30 years. However, I am seeing now on the news this week that the money managing company that my employer uses to manage the 401(k) is having serious financial difficulties. I am now worried that my 30 years of savings could go up in smoke if the money manager defaults. Can you recommend any steps that I should take to protect my money? I have considered crazy things like rolling over the 401(k) into my IRA, which is via a different money manager. Your help is appreciated. -Leonard, NJ
Here is Mr. Bill Losey's Response:
I'd start by confirming that your 401(k) account is segregated from the companies assets and is not subject to the claims of any creditors. Next, I'd make sure that your firm is a member of the Securities Investor Protection Corporation (SIPC). Accounts protected by SIPC shield accounts of each customer when a firm is closed due to bankruptcy or other financial difficulties. SIPC protects brokerage accounts of each customer up to $500,000 in securities. Lastly, I'd check with your HR department to see if your 401(k) plan allows for an in-service withdrawal transfer. Some companies, not all, will allow active employees and participants to roll some or all of their 401(k) plan money to a rollover IRA with another custodian. This could provide the peace of mind you're looking for.
Rebuttal 1:
Mr. Bill Losey's comment - I'd start by confirming that your 401(k) account is segregated from the companies assets and is not subject to the claims of any creditors.
My statement: Mr. Losey the first item in the response is a irrelevant statement. Any licensed professional in this business should know that co-mingling of assets is illegal and this information should not have been disseminated to the general population that is already fearful.
Per the ERISA Act of 1974 - "...ERISA requires that promised pension benefits be adequately funded and that pension monies be kept separate from an employer’s business assets and held in trust or invested in an insurance contract. Thus, if an employer declares bankruptcy, the retirement funds should be secure from the company’s creditors." It continues by stating "...plan fiduciaries must comply with the ERISA provisions that prohibit the mismanagement and abuse of plan assets. If contributions to a plan have been withheld from your pay, you may want to confirm that the amounts deducted have been forwarded to the plan’s trust or insurance contract. "
The same would apply in the event the trustee/employer sponsored plan's record keeper (401K/Pension Manager) were to go out of business; if they did the assets would be transferred to a new plan manager and creditors of that fund would not be able to stake a claim to these assets.
Mr. Losey please update your information accordingly.
(Reference: Department of Labor, Your Employer's Bankruptcy - How Will It Affect Your Employee Benefits?, http://www.dol.gov/ebsa/newsroom/fsbankruptcy.html)
Rebuttal 2:
Mr. Bill Losey's comment - Next, I'd make sure that your firm is a member of the Securities Investor Protection Corporation (SIPC). Accounts protected by SIPC shield accounts of each customer when a firm is closed due to bankruptcy or other financial difficulties. SIPC protects brokerage accounts of each customer up to $500,000 in securities
My Comments - Mr. Losey the SIPC comment was not explained fully. According to SIPC's website (http://www.sipc.org/), "...When does SIPC gets involved? When a brokerage firm fails owing
customers cash and securities that are missing from customer accounts..." It continues by stating "...Customers of a failed brokerage firm get back all securities (such as stocks and bonds) that already are registered in their name or are in the process of being registered."
The above information again only applies to brokerage accounts, however for 401K plans or most employer sponsored plans they are not covered by SIPC or PBGC (Pension Benefit Guaranty Corporation (PBGC), a Federal Government corporation that insures pension funds). Assets in plans such as these are held in trusts or insurance contracts (as mentioned above) so in the event of a bankruptcy of the firm or record keeper, the plan assets would be transferred to a new trust or the plan would be terminated thus allowing the participant to roll or cash the funds out of their plan.
Again these assets are not co-mingled with the record keeper or employer's assets, thus SIPC would not apply in this case as a result of a Employer's or Record Keeper (401K Plan Manager) bankruptcy.
Agreement 1:
Mr. Bill Losey's comment: Lastly, I'd check with your HR department to see if your 401(k) plan allows for an in-service withdrawal transfer. Some companies, not all, will allow active employees and participants to roll some or all of their 401(k) plan money to a rollover IRA with another custodian. This could provide the peace of mind you're looking for
My comment: I agree if an individual would like to have more control over their assets they are saving for retirement and they have reached a point where they qualify for an in-service withdrawal, they can execute a rollover of all eligible plan assets. Very few plans offer a means to access funds prior to reaching the age of 59.5 (retirement age set by the IRS) or leaving employment. This information can be obtained from contacting one's HR department or contacting the customer service line/Retirement Specialists at the company that is holding the records for the plan.
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Again I do not want to challenge Mr. Bill Losey's expertise or knowledge, however, the information provided about this gentleman's 401K was grossly inaccurate. I hope this clarifies this question for everyone.