Under a bill approved along party lines by the House Education and Labor
Committee on April 16, retirement plans would have to provide greater
transparency on the fees that they charge participants.
A vote on the House floor later this year may be the end of the road for the
bill until 2009. Yet, the House Ways and Means Committee also could offer its
own version of the bill. Very little is happening in the Senate on this issue. A
similar Senate measure only has one co-sponsor, as the legislative days in the
congressional session dwindle.
The House labor panel bill would require 401(k) sponsors to list fees in four
categories—administrative, investment management, transaction and other areas.
The bill also would require 401(k) plans to provide information on the
historical risk, returns and fees on each investment option.
Unlike its predecessor, the bill does not mandate that plans include at least
one low-cost index fund. But an amendment adopted by the committee would make
liability protection for plans contingent upon their offering an index fund.
Republicans and most industry groups oppose the bill because they say that it
would force plans to break out separate fees for services that are bundled under
one price. They assert it could encourage workers to make bad investment choices
by focusing on fees rather than returns.
Rep. George Miller, D-California and chairman of the labor committee, said
the bill will help workers better understand hidden fees that drain their
retirement nest egg. He cited a Government Accountability Office study showing
that a 1 percent increase in fees would decrease retirement income by 20 percent
over 20 years.
“The purpose of this legislation is to take these hard-earned savings away
from the special interests and return them to their rightful place—the
retirement accounts of American workers,” Miller said. “We’re trying to give
people more confidence in their 401(k) plans.”
Although Miller has streamlined the fee reporting categories since the bill
was first introduced last year, the changes weren’t enough to satisfy
critics.
“This bill may focus more on information quantity than quality,” said Rep.
Howard “Buck” McKeon, R-California and the committee’s highest-ranking
Republican. “If that is the case, we may be doing more harm than good by
overwhelming workers with cumbersome or incomprehensible information.”
Industry lobbyists maintained that for all practical purposes the revised
bill still contained an index-fund mandate that limits flexibility.
“The marketplace is continuously evolving, our members are continuously
innovating and developing new products,” said Daniel Crowley, chief government
affairs officer at the Investment Company Institute, a Washington organization
representing financial services. “It would be inappropriate to freeze in statute
any particular investment option. There is no single investment that is right
for all investors all the time.”
Analogies infused the debate. McKeon compared the fee disclosure requirement
to forcing car manufacturers to list separately the prices for a transmission
and brakes.
Rep. Robert Andrews, D-New Jersey and author of the liability amendment,
likened the fee disclosures to the difference between buying a soda, hamburger
and fries individually or in a package.
Opponents turned that parallel back on Andrews. “The Happy Meal is the
epitome of the bundled product,” Crowley said
—Mark Schoeff Jr.