25 April 2024

IRA Advisers Face Tougher Standards on Rollovers

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At Labor Department hearings this week, consumer advocates, academics and financial services-industry executives debated proposed regulations that would, among other things, toughen oversight of professionals who offer advice on IRA rollovers. Issued by the department in April, the proposed rule would require the financial advisers and mutual-fund companies that employees consult about transferring 401(k) money to an IRA to adhere to a fiduciary standard—or act in the best interest of those they offer advice to.

Currently, some advisers are merely required to recommend “suitable” investments—a lower standard that, critics say, permits those advisers to put clients into expensive investments that inflate their own compensation. Industry representatives counter that the proposal would raise liability and regulatory costs, which could dissuade firms from serving investors with smaller balances.

While the Labor Department isn’t expected to issue a final rule for months, one thing is clear: Investors are flocking to IRAs. Americans hold $7.6 trillion in IRA assets—versus $6.8 trillion in 401(k)-style accounts. Moreover, as baby boomers retire, rollovers are forecast to grow from $350 billion last year to more than $540 billion in 2019.

While a rollover can make good sense, it is important to weigh the following factors.

Fees: More 401(k) plans offer low-cost investments, including institutional share classes of mutual funds that are off-limits to individual investors. Indeed, while IRA investors pay an average of 0.71% for stock funds, 401(k) participants pay 0.54%, according to the Investment Company Institute, a trade group for the mutual-fund industry. (Others, including the White House Council of Economic Advisers, contend the gap is likely higher.)

Even seemingly small differences in fees can add up over time.  Before making a rollover decision, assess your 401(k) fees. Ask your employer for the quarterly fee disclosure statement that spells out participant fees, including investment-management and administrative charges. Compare that to the cost of an IRA, including commissions and account-maintenance and investment-management fees.

Investment Options: IRAs offer thousands of investment options. But while more choice may be welcome to sophisticated investors, it can create headaches for those who don’t know how to evaluate the options.

Simplicity: For investors having trouble keeping track of multiple retirement accounts, an IRA offers a way to consolidate assets in one place. By rolling over all of your tax-deferred retirement assets into one IRA, you can see all of your holdings on one statement and better manage your overall asset allocation. But if you like your 401(k), your employer may allow you to do the same thing within the plan. According to the Plan Sponsor Council of America, 98% of employers accept rollovers from other company plans—and 66% of those also allow rollovers from IRAs.

Distributions: If you are between 55 and 59½ years old when you leave your company, think twice before rolling over to an IRA. That is because those who leave an employer at age 55 or older can tap their 401(k) accounts without paying a 10% early-withdrawal penalty, says Ed Slott, an IRA expert in Rockville Centre, N.Y. In contrast, with an IRA, the 10% penalty applies before age 59½.

Unlike an IRA, a 401(k) offers the option to take a loan. Moreover, if you continue working after turning 70½—the age at which tax law requires investors to start taking required minimum distributions from their tax-deferred 401(k)s and IRAs—you can postpone taking distributions (and paying income tax on those distributions) from your current employer’s 401(k) plan.

Creditor Protections: Federal law protects the assets in 401(k)-style accounts from creditors and legal judgments. But because IRAs are governed by state law, protections vary.

Tax Breaks: If you own company stock in your 401(k), check with your tax adviser before rolling it over to an IRA. By transferring the shares to a taxable account, those who leave their companies or are 59½ or older can qualify for the net unrealized appreciation tax break.

Here’s how it works: Upon transferring the stock, you must pay ordinary income tax on the amount you paid to purchase it. But when you sell the shares, you will pay the lower capital-gains tax rate on the appreciation. To qualify, you must empty your 401(k) account in a single calendar year. Transfer the company stock to a brokerage account and the rest to an IRA.

Click here to access the full article on The Wall Street Journal. 

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