- The Washington Times - Tuesday, September 26, 2006


The Bush administration announced a proposal yesterday to make it easier for companies to enroll workers in pension plans such as 401(k), a move supporters hope will increase participation.

The Labor Department was required to take the action under a revamping of pension policies approved by Congress and signed into law by President Bush in August.

“Too many workers, some overwhelmed by investment choices or paperwork, are leaving retirement money on the table by not signing up for their employers’ defined contribution plan,” Labor Secretary Elaine L. Chao said.

The department said one-third of eligible workers don’t participate in 401(k) and other defined contribution plans, which give the employee the option of where to invest the money, usually among stocks, bonds and money market accounts.

The proposal aims to make it easier for companies to automatically enroll workers. Workers would be given an opportunity to make their investment selections or tell the company they don’t want to participate. If a company doesn’t hear back from the employee, the worker would be notified that he or she will be automatically signed up and invested in a mix of stocks and bonds geared to long-term savings — referred to as default investment alternatives. Employees could move their money out of the default investment without a financial penalty.

About 18 percent of employers now offer automatic enrollment in 401(k) and other similar pension plans, department officials said.

The rules would relieve companies from liability for any investment losses to a worker who was automatically enrolled in a qualified default investment alternative as outlined under the proposal. Potential liability has been a major reason that more companies haven’t offered automatic enrollment, department officials said.

Companies, however, would be liable for, among other items, the prudent selection and monitoring of investment plan options.

The proposal does not require companies to automatically enroll workers. The public and companies will have an opportunity to comment on the proposal, which could be revised. The department is required by law to adopt final rules by mid-February.

“We are pretty excited about the proposed guidance. … I certainly think it is going to encourage more companies to offer automatic enrollment,” said Jan Jacobson, director of retirement policy at the American Benefits Council, whose members sponsor or administer retirement and benefit plans.



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