reform 401k law to offer brokerage window
Posted: Wed Aug 10, 2011 6:15 pm
It's disgusting how employees are forced to pick from a wack limited list of funds in their 401Ks (or similar tax-advantaged accounts) that are
1. limited, & exclude many asset types, such as 30 yr Treasury bond index, or gold
2. have atrocious expense ratios of 1.00+% . Even 0.50+% is horrid relative to Vanguard.
This is a form of corporate welfare to the financial services companies, paid for by the employees. The employee has no choice of 401k provider. When these 401k providers ever drone on about the virtues of free market competition, they cement their status among the world's worst hypocrites.
Is there any existing effort to reform the 401k laws? There is a limited group of thought leaders that have focused their career on helping Average Jane USian not get screwed by the US financial services industry. John Bogle, Elizabeth Warren, Clark Howard come to mind. The few US politicians/statesmen like Bernie Sanders or Ron Paul (as opposed the majority of politrickians in both parties like Bush 43 & Obama) would be sympathetic to such an effort.
I would love to see someone like Bogle lead such a reform movement.
I concede this may be a fantasy naive wishlist given the Fed Gov politrickians we have in 2011, but I feel it's worthwile to state what we think policy should be like, if nothing else to contrast with existing policy.
At a minimum, I'd like to see
1. mandatory brokerage window in ALL 401k & other tax-advantaged accounts, with some reasonable limit on the transaction cost to buy or sell a ETF or mutual fund in the brokerage window (max of $20, free or $7 is better). Exclude any leveraged or inverse funds. If needed, it could be limited to something like 10 or 25 trades per year. If need be, it could be limited to ETFs or mutual funds with a certain minimum volume, if the desire is to limit a speculation mentality of obscure narrow asset types like the proverbial Vietnamese pharma industry index ETF.
From our Perm Port community perspective, this reform alone would allow us to implement the Perm Port, even if someone has the majority of the assets in their current job 401k. Such an individual could accumulate new pay contributions into the money mkt/stable value fund, & periodically (each quarter, each year, etc) buy the trailing asset (bond, gold) with an ETF (TLT, SGOL).
This would also remove the bias against the long term employee at a given employer. If someone has worked 20 yrs at an employer, it's like the bulk of their investment accounts is going to be in their employer 401k. If they are limited to a mediocre list, then they are effectively biased against compared to a "job hopper" employee. The job hopper employee would be able to mostly mitigate the effects of the mediocre 401k list, by rolling over his old job 401Ks into an IRA at a quality custodian like Vanguard.
Reform #1 would remedy a lot of what is wrong with the status quo situation. In addition, it would be great to also see:
2. Remove the connection of the 401k to the employer. This would be congruent with the trend of "there is no more lifelong employers". The employee should have the choice to fund their account at the custodian at their choice. The employer should be able to fund the matching funds into that account. Or if this was deemed "to much effort/paperwork", I'd be OK with eliminating employer contributions, & just increasing the annual limit from the current $21.5K (16.5k in 401k + 5K Roth IRA) to something like $25K or $30K. The employer could then still grant this contribution via paying more in salary or bonus, which the employee could direct to the IRA. Usually this "employer matching contributions" is limited/minor anyways.
3. Would like to make the limit the same for everyone, as long as it's work income. Why should the government discriminate against an employee that is not offered a 401k, or an employee vs a self-employed small businessperson? Just make the same $21.5K (or whatever) limit open to all. Eg The government should not care or discriminate if someone is an employee charity worker, & entrepreneur charity consultant, an employee pornographic industry worker, or an entrepreneur pornographer.
4. Finally, starting with the year the reform was implemented, make it possible for a person to "back fund" prior years. For example, (extreme example but it can & does happen) if the reform was implemented in 2012, & Joe worked at Wack Arnolds in 2012 & 2013 & could only contribute $5K each in 2012 & 2013 due to low pay, but in 2014 started a business or career changed into a lucrative career employee job & made $200K in 2014, Joe would be able to max the $21.5K 2014 limit, as well as "back fund" $16.5K for each of 2012 & 2013. It would not be possible to do this for years prior to the reform like 2011 or earlier. This reform would help small business owners with highly variable income, especially a startup entrepreneur who "might work for near-free" for the first few years of the new business.
Would love to get your take on these ideas.
1. limited, & exclude many asset types, such as 30 yr Treasury bond index, or gold
2. have atrocious expense ratios of 1.00+% . Even 0.50+% is horrid relative to Vanguard.
This is a form of corporate welfare to the financial services companies, paid for by the employees. The employee has no choice of 401k provider. When these 401k providers ever drone on about the virtues of free market competition, they cement their status among the world's worst hypocrites.
Is there any existing effort to reform the 401k laws? There is a limited group of thought leaders that have focused their career on helping Average Jane USian not get screwed by the US financial services industry. John Bogle, Elizabeth Warren, Clark Howard come to mind. The few US politicians/statesmen like Bernie Sanders or Ron Paul (as opposed the majority of politrickians in both parties like Bush 43 & Obama) would be sympathetic to such an effort.
I would love to see someone like Bogle lead such a reform movement.
I concede this may be a fantasy naive wishlist given the Fed Gov politrickians we have in 2011, but I feel it's worthwile to state what we think policy should be like, if nothing else to contrast with existing policy.
At a minimum, I'd like to see
1. mandatory brokerage window in ALL 401k & other tax-advantaged accounts, with some reasonable limit on the transaction cost to buy or sell a ETF or mutual fund in the brokerage window (max of $20, free or $7 is better). Exclude any leveraged or inverse funds. If needed, it could be limited to something like 10 or 25 trades per year. If need be, it could be limited to ETFs or mutual funds with a certain minimum volume, if the desire is to limit a speculation mentality of obscure narrow asset types like the proverbial Vietnamese pharma industry index ETF.
From our Perm Port community perspective, this reform alone would allow us to implement the Perm Port, even if someone has the majority of the assets in their current job 401k. Such an individual could accumulate new pay contributions into the money mkt/stable value fund, & periodically (each quarter, each year, etc) buy the trailing asset (bond, gold) with an ETF (TLT, SGOL).
This would also remove the bias against the long term employee at a given employer. If someone has worked 20 yrs at an employer, it's like the bulk of their investment accounts is going to be in their employer 401k. If they are limited to a mediocre list, then they are effectively biased against compared to a "job hopper" employee. The job hopper employee would be able to mostly mitigate the effects of the mediocre 401k list, by rolling over his old job 401Ks into an IRA at a quality custodian like Vanguard.
Reform #1 would remedy a lot of what is wrong with the status quo situation. In addition, it would be great to also see:
2. Remove the connection of the 401k to the employer. This would be congruent with the trend of "there is no more lifelong employers". The employee should have the choice to fund their account at the custodian at their choice. The employer should be able to fund the matching funds into that account. Or if this was deemed "to much effort/paperwork", I'd be OK with eliminating employer contributions, & just increasing the annual limit from the current $21.5K (16.5k in 401k + 5K Roth IRA) to something like $25K or $30K. The employer could then still grant this contribution via paying more in salary or bonus, which the employee could direct to the IRA. Usually this "employer matching contributions" is limited/minor anyways.
3. Would like to make the limit the same for everyone, as long as it's work income. Why should the government discriminate against an employee that is not offered a 401k, or an employee vs a self-employed small businessperson? Just make the same $21.5K (or whatever) limit open to all. Eg The government should not care or discriminate if someone is an employee charity worker, & entrepreneur charity consultant, an employee pornographic industry worker, or an entrepreneur pornographer.
4. Finally, starting with the year the reform was implemented, make it possible for a person to "back fund" prior years. For example, (extreme example but it can & does happen) if the reform was implemented in 2012, & Joe worked at Wack Arnolds in 2012 & 2013 & could only contribute $5K each in 2012 & 2013 due to low pay, but in 2014 started a business or career changed into a lucrative career employee job & made $200K in 2014, Joe would be able to max the $21.5K 2014 limit, as well as "back fund" $16.5K for each of 2012 & 2013. It would not be possible to do this for years prior to the reform like 2011 or earlier. This reform would help small business owners with highly variable income, especially a startup entrepreneur who "might work for near-free" for the first few years of the new business.
Would love to get your take on these ideas.