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Publication - September 3, 2019

Employee Relations Law Journal | It’s Time to Start Talking About Annuities in 401(k) Plans

When an employee retires, he or she typically has three sources of income to draw upon: personal savings, Social Security, and a retirement plan (typically a 401(k) plan). These income sources are subject to certain risks. There is “longevity risk,” i.e., the risk that the retiree will outlive his or her savings. There is also “inflation risk,” i.e., the risk that the retiree’s purchasing power will erode over time. There is also an “incapacity risk,” i.e., the risk that the retiree will have a diminishing capacity to oversee his or her investments as he or she ages.

Annuities can help solve several of these issues because they provide benefits over a retiree’s lifetime. As a result, some employers are adding annuities to their 401(k) plan. Congress is also encouraging 401(k) plan sponsors to offer in-plan annuities. Proposed bipartisan legislation alleviates many concerns that 401(k) plan sponsors have about offering annuities within their plans. This legislation is expected to be enacted into law later this year. As in-plan annuities solve important retirement issues and are far less expensive to participants than those available in the retail market, plan sponsors may wish to consider making in-plan annuities available to their 401(k) plan participants.

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