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The "Real" Role of a 401(k) Plan Financial Advisor.
It's more than picking funds.
Over time, there are so many full time positions in the workforce that are as obsolete as the Atari 2600 in my garage. Many people remember the milkman or the diaper man who made deliveries or the woman who worked the luncheonette counter at the 5 and dime. My children will never know the video rental store clerk or the seltzer deliveryman. Pretty soon the 401(k) plan sponsor won't know of the financial advisor who does nothing for their plan except collecting a nice fee every quarter. This article is about what the role of a 401(k) financial advisor really is. If you are a financial advisor new to the 401(k) space or you don't know what your role as a 401(k) financial advisor is, this article is for you.
To read the article, please click here.
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Fee Disclosures: Part II?.
The DOL may require another guide to help plan sponsors understand the first guide of fees.
One of the many projects that the Department of Labor (DOL) is working on; gets us back to the Section 408(b)(2) disclosures.
Shortly, the DOL may amend the disclosure regulations to require a guide or supplement should be issues to accompany the fee disclosures that service providers hand out to their plan sponsors. Apparently, the DOL thinks that the disclosures or multiple forms handed out to medium or small sized plans have been confusing.
Of course they are, these plan provider disclosures were most likely written by lawyers whop get paid hourly to write documents in legalese and then get paid hourly to interpret these legalese documents. I know, I used to work for some of these firms.
So if you are a plan provider, you may want to look at your current disclosures and see what's in easy to understand English and what's not. The guide that the DOL may require is probably some form of index that will allow plan sponsors to identify where the required fee disclosures are in the disclosures.
I think that if your disclosures need some sort of map, then there is something clearly wrong. While we all need legalese to limit our liability, it's important that plan sponsor understand your fees, to allow yourself to be competitive in the marketplace because confused clients aren't particularly happy clients.
If there is any guidance from the DOL on any guide requirements, I'll let you know.
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The second deadly sin for plan providers: Complacency.
You snooze, you lose, it's that simple.
The movie Seven taught me that the seven deadly sins are wrath, greed, sloth, pride, lust, envy, and gluttony. Over time, I'll develop a deadly sin list for retirement plan providers. I have touched upon the first deadly sin for plan providers, which is arrogance, which I have covered before.
The second deadly sin is complacency. Complacency is a two fold, being complacent in the retirement plan industry and being complacent with your clients.
Any business whether it's retirement plan based or not, has to change with the time because fact is that no industry is immune to change. You need to be ahead of the game and understand any new changes that go on. Ask the folks at Blackberry about complacency. If you park your car on the raceway oval, don't be surprised everyone else passes you by.
Working with your plan sponsor clients, complacency is all about taking your clients for granted and not reviewing their plan for new plan design studies, cost analysis, or plan provider searches. I've seen too many plan sponsors lose clients because these reviews come from a competing provider. Time and time again, I would hear the client ask why their current provider didn't think of a new plan design first or review of plan fees.
Retirement plan and the retirement plan industry are fluid, which means what is good today maybe not good for tomorrow. You can never be too complacent because losing your client or your competitive edge is just around the corner.
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Bad networking for retirement plan professionals.
Some networking is a waste of time.
When it comes to building a retirement plan practice, networking is an important component. Whether you are a financial advisor or a third party administrator or an auditor, placing an advertisement in the local newspaper or the yellow pages (if they still have them) will be costly and less likely to bring in clients. Fact is cultivating a close network of referral sources and spheres of influence will be more productive in netting clients than any advertisement or Google search analytic.
While networking is important, the right kind of networking is more important. What is the right kind of networking? Pretty simple, it's about reaching the audience of potential clients and referral sources. Believe me, 3 years in to building my practice, I know the good and bad of networking. The good networking is developing relationships with other professionals who can refer you business. Those can be accountants, attorneys (forget my old law firm, I had better luck networking with dead people), or other retirement plan professionals. Bad networking is networking with groups of people that can rarely bring you business. That can be networking with sole proprietors, networking with people who can not serve as a referral source for potential clients, or people who right off the bat, claim they can get you clients. I have been in business in one form of another for 14 years and I have never received a client from someone who claimed they can get me clients.
Networking is all about building relationships and building trust and it takes time. But there is a time, when you have to realize whether networking with particular groups or people are worth your while. I used to network with a small business group on Long Island for years. Nice people, attended a lot of events. Just never got a client, it wasn't the right fit. People who are struggling in business have no money for 401(k) plans and if they do, a simplified employee pension plan is great because you don't need an ERISA attorney or TPA for that. Funny thing is that I network a lot less than I did when I started my practice 3 years ago and I have more clients, only because I no longer concentrated time on the networking that wasn't working.
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Networking with other plan providers is more than a quick score of referrals.
It's more about how they can help you in the long run.
When a rock band goes into a studio to record an album, they start writing new songs. Some m
embers of the band will start a riff that can become the next hit, become part of the album, or left behind as something that doesn't get finished. Sometimes, the band will go back to some of their unreleased material, rework it, and release this unreleased stuff as a new album.
When it comes to networking with other retirement plan professionals, you need to know that you rarely get referrals that lead to clients right out of the block. Relationships with other providers take time and don't necessarily lead to leads that directly lead to clients. Sometimes you're given an opportunity that gets a phone call with a prospective call and nothing else. Some opportunities get cold and then get warm again.
The point is that when you network with other providers in this space, whether it's a TPA, an ERISA attorney, or an auditor, it's more than just an opportunity to get clients. Developing a network of highly competent retirement plan providers can augment your practice. Instead of hiring an ERISA attorney or an expert on plan administration, you can pick up a phone and call an expert, most of the time the advice is free. When you have existing and potential clients, a good relationship with plan providers can get you the help you need in managing your clients. They can help you with plan design issues, plan document issues, and spotting problems that can be nipped in the bid before causing the client potential harm.
Networking is about developing relationships; it's not about the quick score. Referrals and opportunities can come indirectly as the result of relationships with these providers; you can be surprised how the power of the word of mouth works. Finding the right team of plan providers can help you in ways much more fruitful than just clients.
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Interested in adding an independent ERISA fiduciary service to your practice?
You have come to the right place, the home of the flat legal fee.

If you're a third party administrator (TPA) or a registered investment advisor, you are always looking to expand your business and one of the great, growth areas out there is in the independent ERISA fiduciary space.
If you're a TPA, you may want to consider adding an ERISA 3(16) plan administrator service. If you are a registered investment advisor, you may want to offer a 3(21) service or more importantly, offer an ERISA 3(38) investment manager service.
Where do you turn to? While you will need to contact your insurance broker to see if you e&o coverage need to add that fiduciary role to your policy, you will also need an ERISA attorney (cough, cough).
While there are many fine ERISA attorneys out there, not many have an open door policy where they will take your calls without their hourly billing "meter" will start. Not many will offer you a flat fee to develop a client service agreement ($1,500) or other services to get you service off the ground and running.
If you have any interest in offering these services or how my legal products can work in tandem with the ERISA fiduciary services you want to offer, you know where to reach me. Again, no charge for the call.
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The Rosenbaum Law Firm Advisors Advantage, April 2013
Vol. 4 No. 4
The Rosenbaum Law Firm P.C. 734 Franklin Avenue, Suite 302 Garden City, New York 11530 516-594-1557 Fax 516-368-3780
Attorney Advertising. Prior results do not guarantee similar results. Copyright 2010, The Rosenbaum Law Firm P.C. All rights reserved. |
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