Public Policy

Defined Contribution Auto-Portability Program Is First To Gain DOL Approval

Mercer's Law and Policy Group reports on the finalized prohibited transaction exemption (PTE) obtained by Retirement Clearinghouse from the U.S. Department of Labor (DOL) for the RCH Auto Portability program. The article also addresses the broader regulatory framework, including Advisory Opinion 2018-01A, which identified certain fiduciary responsibilities of plan sponsors and of RCH.

DoL Green-Lights a Newer Auto Feature

The 401kWire covers the "long-awaited news from the Department of Labor" which arrived 7/31/19, in the form of a prohibited transaction exemption (PTE) for the RCH Auto Portability program. The publication quotes RCH President & CEO Spencer Williams, who states "it's been a long time in the making, and we're dancing in the streets right now, we're very happy with the final action."

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DOL Eases Auto Transfer of Left-Behind 401(k) Dollars to New Plans

SHRM's Stephen Miller reports on the ramifications of the DOL's 7/31/19 finalized prohibited transaction exemption (PTE) for RCH's Auto Portability program. Quoting RCH President & CEO Spencer Williams, the new guidance, when paired with the prior November 2018 Advisory Opinion, provides 401(k) plan sponsors with "guardrails they need to safely adopt auto portability." Miller's piece also quotes Jan Jacobson, senior counsel for the American Benefits Council, who states that auto portability "could significantly lessen the problems plan sponsors face in trying to locate missing 401(k) plan participants."

401(k) Automatic Portability Gets Final DOL Nod

In his 8/06/19 article, Ignites reporter Emile Hallez addresses the US Department of Labor's "green light" to the RCH Auto Portability program, in the form of a final prohibited transaction exemption (PTE), issued 7/31/19. Hallez extensively quotes RCH President & CEO Spencer Williams, who emphasizes the importance of the PTE to the adoption of auto portability, as well as helping to "cure the missing participant problem" which he further characterizes as "a subject of intense interest among plan sponsors and recordkeepers." RCH EVP Tom Johnson is also quoted, offering his historical perspective on regulatory efforts and ongoing engagement with large recordkeepers.

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DOL Gives 401k ‘Auto Portability’ Major Boost

In his 8/6/19 article, 401k Specialist Editor-in-Chief John Sullivan addresses the DOL's recent guidance for the RCH Auto Portability program, stating that "the auto revolution in retirement plans (auto-enrollment, escalation, deferral) adds another option with the release last week of the U.S. Department of Labor’s (DOL) final Prohibited Transaction Exemption (PTE) for auto portability." Sullivan goes on to quote RCH President & CEO Spencer Williams, who states that published comments from industry trade groups regarding auto portability were “overwhelmingly positive” while also pointing out the "legal protections for plan sponsors to help small-balance participants preserve their savings."

DOL Exemption Paves Way for Auto Portability

PLANSPONSOR's Lee Barney covers the DOL's final prohibited transaction exemption (PTE) for the RCH Auto Portability program, interviewing RCH President and CEO Spencer Williams. In the article, Williams characterizes the DOL's action as the final regulatory guidance required for plan sponsors and recordkeepers to pursue the program, indicating that he is very encouraged, having worked the issue for five years, adding: "we are very passionate about creating a new benefit for participants and solving the leakage issue.”

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‘Auto-portability’ gets green light from DOL

In an 8/1/19 article, the editorial staff of the Retirement Income Journal covers the US Department of Labor's issuance of a final prohibited transaction exemption (PTE) for the RCH Auto Portability program. The article cites the final PTE as a key milestone in a five-year effort to gain regulatory approval for auto portability, and credits RCH executives Spencer Williams and Tom Johnson for their ongoing efforts since 2014.

DOL Issues PTE 2019-02 on IRA Auto-Portability

The Thomson Reuters Practical Law website (Westlaw) reports on the DOL's issuance of the finalized PTE 2019-02 for the RCH Auto Portability program. The article provides readers with some background on auto portability, focusing on the legal underpinnings established by both the PTE as well as the DOL's Advisory Opinion 2018-01A, before turning to the practical implications of auto portability in addressing the problem of retirement plan leakage.