The lack of financial literacy is the crux of my issue with the U.S. Department of Labor’s decision opening the door for plan sponsors to add private equity funds to their 401(k) plans. Simply put, it’s a bad idea. And this is the opinion of someone who is a former employee of Donaldson, Lufkin & Jenrette (DLJ), once a bastion of private equity investing. Here are just a couple reasons why it’s best to think more than twice about this alternative investment:
If the DOL is silly enough to allow such a high-risk investment sector into a retirement account, there would need to be a variety safeguards installed on record-keeping systems to ferret out bad actors and protect investors. It would be operationally difficult to do this. ERISA litigator attorneys would have a field day. Also, the employer (plan fiduciary), will have to approve a record-keeper and by default will likely rely on the qualification system that allows an employee to participate. I would not want to be the plan fiduciary, or the record-keeper charged with validating the process to protect employees. The amount of investment education to be imparted would be daunting for the majority of advisors. As a 3(38) investment fiduciary, who personally and actively invests in private equity, I would require indemnification from the employer and from plan vendors if private equity was a part of the fund lineup.
If 40 Act pooled investment funds for liquid alternative assets, Exchange Traded Funds or some other structure are created for private equity, let 401(k) investors invest on their own and not through a retirement plan. The upside could be great, but the downside would be devastating.
For plan sponsors who decide to dip their toes into private equity, my best advice is to ensure your 3(38) is well versed and qualified in these types of investments. Based on your specific plan, your 3(38) needs to be a partner in protecting and managing your plan to align the risks with financial goals for the short and long term.
Have questions on alternative investments and other fund selections? Contact us at (203) 210-7814. We have answers and are committed to your best interests in providing full transparency while optimizing your 401(k) plan.