Category: Retirement Benefits

Why We Need to Raise the Annual IRA Contribution Limit

The U.S. is facing a retirement savings crisis of its own making. Not only are people not saving enough to live on in retirement (36% of people recently surveyed think they’ll run out of money in their later years), over half the workforce doesn’t even have access to a workplace retirement plan, and 25% of U.S. working adults have zero retirement savings or pensions. If nothing changes, if we don’t provide people with greater access to retirement savings vehicles, we, as a society, are going to be paying for it later. Both in the form of social services needed and lost productivity and lower spending (the fuel of our economy) due to children caring for their parents.

How Did We Get Here?

The nature of work has been steadily changing over the past 20 years but our approach to retirement savings has not. The 401k was created in the 1970’s when people worked for big companies for decades and was meant to replace the pension system. It was never meant to be portable or easily changed. It was meant to be set up once and most of the control over investments remained with the employer. 

Now, people work for an average of 12 companies as a full time employee over the course of their career. If they’re offered a 401k at every job (and that’s a big “if” since 61 million people work for SMBs, most of which don’t offer retirement plans), that means they will either have to manage 12 retirement accounts, complete 11 rollovers, or cash out which comes with onerous tax penalties. Many people just end up abandoning their account.

People are also more likely to not work as a full time employee at all. As of January 2021, there were roughly 57.3 million independent contractors in the U.S. and that number is expected to grow to half the workforce over the next five years and none of these people are even eligible to contribute to a 401k. 

So the 401k isn’t user-friendly for those who have access to one, and it won’t even be available to over half the population (if you count the millions of people who work for small and medium businesses who can’t afford to offer a 401k to their employees), and yet current regulations favor it as the preferred retirement savings vehicle.

The Problem: Annual Contribution Limits

If you either don’t have access to a 401k or aren’t eligible for one, an Individual Retirement Account (IRA) is your only retirement savings vehicle. This would be fine since IRAs are portable, tend to charge lower rates and are otherwise better suited to the modern work environment. Except for one thing: the annual contribution limit. 

Current regulations state that IRA participants can only contribute up to $6,000 a year to their account (an extra $1,000 is allowed if you’re 50 or older), and part of your contributions might not be tax-deductible, depending on your income, filing status and whether or not you or your spouse have a 401k. Compare this to the $20,500 in annual tax-deductible contributions allowed to a 401k (an additional $6,500 allowed for those aged 50 or older), and you see the current regulations are setting up a two-tiered retirement system.

Why do we have these laws? Outdated thinking. There is an assumption that contract workers are more likely to be women and can thus, “fall back on their husband’s 401k,” is both factually untrue (men outnumber women as full time independent contractors 3:2), and sexist. No one should be dependent on having a spouse with a 401k to retire with dignity.

Another assumption is that 1099 workers are low-wage earners and thus wouldn’t be able to save more than $6,000 a year. This is also factually untrue. In fact, 1099 workers are most likely to be in the high paying fields of technology and professional services.

The Solution: Level the Playing Field

Independent contractors are already treated unfavorably in the tax system. They must pay higher taxes because IRS rules state they must pay Social Security and Medicare taxes as both an employer and employee (full time employees split these taxes with their employer) and business taxes. On top of this, they don’t qualify to receive workman’s comp, unemployment benefits or FMLA.

By keeping the contribution limit for IRAs at $6,000, regulators are further hamstringing the ability of these workers to create financial stability for themselves and their families. The solution is to raise the annual IRA contribution to match what’s allowed for 401ks so that all workers have a shot at creating the nest egg they’ll need when they eventually retire. This is not only the right thing to do morally for our aging population, but it’s the right thing to do for our economy.

Retirement Plan Matching Isn’t Always What it Seems

You want to attract the best talent possible and you want to keep your current employees happy, so you put together the best compensation package you can. You might think a 401k with employer matching is an essential part of that package. But it turns out a financial wellness bonus might be more attractive (and beneficial) to your workforce. Here’s why.  

What is Employer Retirement Contribution Matching?

Employer retirement contribution matching is when an employer offers to match employees’ retirement plan contributions up to a certain percentage of their annual salary. Employer matching can be structured differently at different companies but here are the three most common ways it functions:

  1. Simple Match. With simple matching, the employer matches employee contributions up to a fixed percentage of the employees’ annual salary. Example: Employer matches 50% of employees’ contributions up to 6% of their annual salary, meaning the employer will contribute a maximum of 3% of the employees’ annual salary each year.
  2. Tiered Match Formula. If you offer this type of matching structure, you match different levels of contributions at different rates. For example, you might match 100% of employees contributions up to 4% of their salary and then match 50% of their contributions up to the next 2% of their salary (for a total max matched contribution amount of 5% of their annual salary).
  3. Max Dollar Match. In this type of structure, employers match employees’ contributions up to a certain dollar threshold. For example, an employer might match 50% of employee contributions up to $1,000.

A less common employer retirement plan contribution structure is a blanket contribution to employees’ accounts regardless of employee contribution activity. Meaning, every employee would get the same retirement plan contribution from the company (this might be a dollar amount or percentage of annual salary) regardless of whether or not they contributed even $1 of their own money.

The Pros and Cons of  Employer Retirement Plan Matching

Pro #1: Employees tend to save more. 

A recent study conducted by Brightscope and the Investment Company Institute (ICI) found that employees whose employers offered at least some level of contribution matching, ended up contributing more of their own money to their retirement account. The more money people save, the greater the employer match, and the faster those savings grow over time. 

Pro #2: It can be a good recruiting tool. The general perception of retirement plan contribution matching is positive (people see it as “free money”), so employers can use this benefit to attract and retain talent. If the matching is on a vesting schedule, this can also incentivize employees to stay at the company longer than they might normally in order to leave with 100% of their employer-contributed savings.

Con #1: Employer contributions might not be available to employees right away. Many employers require employees to work for the company for a year before they’re eligible for contribution matching. If employer contributions are on a vesting schedule, then employees don’t fully own said contributions until the vesting is complete. That means if your vesting schedule is five years, every year an employee works for the company they own an additional 20% of the employer contributions. So if they stay with the company for two years, 40% of their company’s contributions are “released” into their 401k upon their departure. 

Con #2: Employer matching can lead to a lack of portability of retirement savings. As we said above, employees whose employers offer retirement plan contribution matching tend to save more. Which is great. However, 401k savings aren’t portable. So when an employee leaves the company, they no longer have the ability to contribute to the account. They must either roll it over to a new retirement account (and the fees for doing so could wipe out any gains made), leave it where it is and keep track of it along with any other accounts they have, or cash it out and pay a hefty penalty. 

Con #3: It can reduce employers’ flexibility when it comes to compensation. When employers put together their 401k plan, they must announce their intended employee contribution matching structure. This structure must be the same for all eligible employees. That means employers have limited flexibility in terms of the types of compensation they can offer employees and the way they reward good work product and valuable contributions to the company.

How Icon can Help Solve the Problems with Employer Retirement Plan Matching 

Icon’s retirement plan is a payroll IRA meaning contributions are made through payroll. So by offering an Icon plan instead of a 401k, employers make it easy for employees to save while solving the portability problem.

As a reward for contributing to their account, employers can offer matching in the form of a “financial wellness” bonus. This is actually a more popular form of compensation as 55% of current 401k participants would rather have a cash bonus as opposed to employer matching.

Whether you’re weighing the benefits of employer retirement plan matching as an employer or as a current or potential employee, it’s important to consider all aspects of the 401k before making your decision.

Retirement Security for All Act: New York’s State Retirement Mandate

Mandated retirement savings plans have landed in New York. As of October 2021, New York became the latest state to require private sector employers to provide their employees with a retirement savings plan. Whether you work in New York or employ at least 10 people within the state, this is big news. 

Here’s what it means for you.

Who is Mandated to Offer a Retirement Savings Plan 

You must offer your employees a retirement savings plan if you meet these criteria:

  • You employ at least 10 people within the state of New York, and
  • You’ve been in business for at least two years.

If you do meet this criteria and don’t already offer your employees a way to save for retirement, don’t panic. There has not been much guidance from the state regarding qualifying plans, however here are options that may work for you.

  1. Icon IRA. Icon is the easiest, most affordable way to offer a retirement savings plan to your employees. We’re a low-cost, payroll IRA so employees’ contributions are automatically subtracted from their paychecks and deposited into their retirement account. We also take care of plan management so there are no testing or filing requirements. And bonus? Your plan is set up in minutes, no mountain of paperwork required. IRAs are also open to all employees regardless of employment status (i.e. full-time vs. part-time), so if you have multiple classes of employees, you can comply with the New York state mandate and offer the same retirement account to everyone. This isn’t true with a 401k.
  2. 401k. The 401k is the retirement savings account most people are familiar with. However, they’re difficult and expensive to set up and come with legal risk as ERISA regulations require employers who offer these types of accounts to fulfill a fiduciary responsibility to their employees. To adopt a 401k plan, you must: develop and adopt a written plan, arrange a trust fund for the plan’s assets, develop a record keeping system, and provide information to your employees. Then, you must monitor the 401k administrator to ensure it’s managing the plan in the best interest of your employees for a reasonable fee, or else face the possibility of expensive lawsuits. Another catch to this type of account is: 401ks are typically only available to full-time employees. So if you have multiple classes of employees, and your part-time workers are working at least 20 hours a week, you can’t offer them a 401k, but you have to offer them another option. 
  3. NY State Secure Choice Savings Plan. If you haven’t chosen another retirement savings plan for your employees the law states you must automatically enroll them in New York’s state retirement plan. This savings plan was created in 2018 as part of the state’s 2018-2019 spending budget and up until now, participation has been voluntary. Now, it’s compulsory if your employees aren’t offered another retirement savings option. The state’s plan is also an IRA but unlike Icon, it requires a fair amount of paperwork to set up and is not user friendly for employees. Unless employees choose another contribution amount, 3% of their wages will be automatically withdrawn from their paychecks and deposited into their Secure Choice Savings account. Employees are automatically enrolled in the retirement savings plan within 14 days of starting, but can opt out at any time.

If you don’t offer your employees a retirement savings plan, the penalties are hefty:

  • 1st offense – $250 per uncovered employee.
  • 2nd offense (within 2 years) – $500 per uncovered employee.
  • Subsequent offenses (within 2 years) – $1000 per uncovered employee.

This legislation applies to both for-profit and nonprofit private sector companies. If your company is located in New York City, or if you employ 5 or more people within in NYC who are over the age of 21, work 20 hours or more a week and you’ve been in business for more than 2 years, you might be wondering how the state law interacts with the city’s Retirement Security for All Act, that was passed in May of 2021. The answer is: it’s too soon to tell. 

The city’s law contains language stating officials won’t implement the law if New York state passes its own version of a retirement savings mandate that covers the majority of people. The likelihood is that the New York state law will supersede NYC’s mandate, but we’ll continue to follow this story and when and if there’s news, we’ll let you know.

If You Work in New York State

Congratulations! As long as your employer meets the above-stated criteria, it’s now required to offer you a retirement savings plan. Here’s what you need to know based on the type of plan you’re offered.

Icon IRA 

  • Your 2021 and 2022 annual contribution amount is $6,000 if you’re under the age of 50. Aged 50 or older? You can contribute up to $7,000 a year. 
  • You always have access to this account regardless of where you work and you can manage it from an app on your phone. 
  • Icon provides you with guided investment options based on your answers to a short survey. If your investment and savings strategies change.
  • Your contributions are tax-deductible in the year you make them.
  • Your contributions are automatically deducted from your paycheck, enabling you to “pay yourself first”.
  • Regardless of how much you work, you’re eligible to contribute to your Icon IRA.

401k

  • Your annual contribution amounts are $19,500 for 2021 and $20,500 for 2022 if you’re under the age of 50. If you’re aged 50 or older, you can contribute an additional $6,500 per year.
  • Your contributions are tax-deductible in the year you make them.
  • These types of plans tend to charge high fees which can eat into your savings over the long term. Make sure to read your plan documents to make sure the fees your 401k administrator is charging are reasonable. If not, notify your employer.
  • Your investment options might be limited, depending on the type of plan your employer put in place. You will have to read the plan literature to learn which are in line with your current investment and savings strategy.
  • If you leave your employer, you can: leave your money where it is, complete a rollover to the 401k your next employer offers (if they offer one), roll your money over to an Icon IRA, or cash out.
  • These types of accounts are typically only available to full-time employees.

New York State Secure Choice Savings Plan

  • This is a payroll IRA so your annual contribution limit is $6,000 for 2021 and 2022 if you’re under the age of 50. Aged 50 or older? You can contribute up to $7,000 a year.
  • Your employer will automatically enroll you in this retirement savings plan and if you don’t choose another contribution amount, 3% of your wages will automatically be deducted from your paycheck and contributed to your account.
  • You can opt out of this plan at any time.
  • If you opt out, you can only opt back in during the next open enrollment.
  • You will have to read the plan literature to choose the investment options that are inline with your investment and savings strategies.

Rethinking Retirement Savings

Icon CEO, Laurie Rowley, recently sat down with Jeremy Goldman on the FutureProof podcast to discuss the structural problems with 401ks, the looming retirement savings crisis and how Icon’s portable retirement plan is the answer.

Over half the workforce doesn’t have access to a 401k. Of those who do have access, the problem is changing jobs with your plan — it’s hard to do. $100 billion is cashed out of 401k plans at job change every year. Add to this the fact that in five years, half the workforce will likely be independent contractors (so they won’t even have access to a workplace retirement savings plan unless a change is made), and it’s not hard to imagine that there’s a $4.2 trillion gap between the savings people will need when they retire and what they’ll have. 

The retirement savings industry is well aware of this crisis and spends a lot of time trying to fix the structural bugs in the 401k system. But up until now, they’ve only managed to make a bad product worse. Portable retirement savings is the answer.

Icon is the workplace retirement savings plan for the modern worker and employer alike. It leverages advances in digital technology to deliver a flexible, frictionless and low cost way to invest and save for the employee. And it gives employers a low-cost, no-risk benefits solution to employing people across multiple regulatory environments. 

Why Multiple Employer 401k Plans (MEPs) Don’t Make Sense

“401ks are the best way for employers to offer a retirement savings plan and for individuals to save for retirement.” This is the marketing the 401k industry has been pushing since it was created almost by accident by the Revenue Act of 1978. And we’ve all bought into it at some point in our lives. Maybe you still believe it. If you do, you could be forgiven for taking this statement as gospel. 

The 401k industry, through herculean lobbying efforts and behemoth marketing budgets, has sucked all the air out of the public conversation around retirement savings plans. In fact, unless you work in finance or HR, you might not even be aware that there are other options. Options that could reach the 81 million private sector workers without access to a 401k. 

By dominating the conversation about retirement savings, the 401k industry has created a vacuum of information. And in that vacuum, arose the Multiple Employer Plan (MEP). Because if you’re a small business, you can’t afford to dedicate the financial resources and manpower it would take to set up and maintain a 401k plan for your business. It comes with too much risk due to the employer’s fiduciary liability, it’s too expensive and with the many hats small business employees must wear, it’s too complicated for them to navigate.

So in rides the MEP on a white horse. “You need to offer a 401k,” the industry says. “We can help you,” they claim. “It’ll be cheaper, less risky and way easier because we’ll do all the plan management for you.”

These statements might have been true at some point in the distant past, but are definitely not true today. Which is evidenced by the growing number of ERISA lawsuits now plaguing the MEP industry.

Here’s the truth: the 401k industry created MEPs to access a new clientbase. Not to benefit the plan participants. They pool a bunch of small businesses into one 401k so that the 401k has more assets (i.e. money) to manage. And since the industry makes money off of assets under management (AUM), the more money they have in each 401k, the more profitable that account is to the MEP administrator. 

“But isn’t there some ancillary benefit to the small business? Like lower cost due to economies of scale?” No. In fact, due to technological advances it’s now often cheaper for a small business to open a single employer 401k than it is for them to join an MEP. That’s because MEPs commingle the funds of multiple companies and are incredibly complicated to manage. It can’t be done cheaply.

“What about fiduciary risk? Doesn’t the MEP administrator take that on?” No. The MEP administrator might share the fiduciary risk with the employer, and it might tell the employer it takes the fiduciary risk, but due to ERISA rules, if the employer is offering a 401k, it maintains a fiduciary duty to its employees. So in the case of an MEP, the employer is responsible for monitoring the MEP administrator to ensure its operating the plan to the benefit of plan participants for a reasonable cost. Which is really hard.

“Isn’t it simpler to outsource the management of the 401k plan to the MEP administrator?” Nope. Monitoring an MEP is exceedingly complicated. Here’s why: the MEP administrator maintains all discretionary power when it comes to managing the 401k. So the individual employers don’t have a say in which investments are offered to their employees, plus, their interests are competing with all of the other employers in the plan.

Add to this, the basic 401k rules. Staying in compliance with ERISA rules regarding rebalancing and discrimination on an annual basis is hard enough for a single employer 401k plan. But now, each employer has to worry not only about their own company staying in compliance, but every other in-plan company staying in compliance as well. For if one company is out of compliance, the entire plan is at risk.

The lack of power individual employers have within an MEP adds another complication. Once an employer signs up, that’s it. Their employees are in the plan until the plan itself is dissolved or the employee leaves the company. That’s because participating companies do not have the right to individually terminate. This has led to hundreds of thousands of dollars of assets being held hostage from employees who want to move their assets elsewhere.

In creating MEPs, the industry took a complicated inefficient product and made it worse. Then they sold it as something it wasn’t.

There was a time when 401ks made sense: when people worked for the same large company for 25 years or more, then retired. But that time has passed. Now, the average person will work for about 12 companies throughout their career (Bureau of Labor Statistics) so businesses large and small need to look beyond the 401k.

The retirement savings plan that is actually cheaper, simpler and less risky for small businesses is a payroll IRA like Icon. With a payroll IRA, your employees get personalized saving and investing with automatic savings and pre-tax contributions, with the added benefits of lower fees and full portability. Employers get the benefit of low cost and easy set up, as well as no fiduciary responsibility or complex plan management. And because the plan is non ERISA all types of employees qualify, W2 and 1099.

Finding the Best Retirement Plan for Your Small Business

As a small business owner, you have an opportunity now to make a positive difference not only in your current employees’ lives, but also in your recruiting efforts. How? By offering your employees a way to save for retirement. Social security is rarely enough to cover living expenses and, although Americans accrue most of their retirement funds through employer-sponsored retirement plans, only 81 million private industry employees have access to one. So as top talent weighs offers from multiple companies, those that include a retirement savings plan are going to stand out. 

If you’re a small business that either wants to start offering a retirement savings benefit to employees, or you’re unhappy with your current plan, here are your options.

Small Business Retirement Savings Plan Option 1: 401k

Here are the good things about 401ks:

  • They’re the retirement benefit most people are familiar with.
  • They enable automatic savings. Contributions are automatically withdrawn from employees’ paychecks so employees “pay themselves first” and may end up saving money they would have otherwise spent.
  • Contributions are tax deductible. Since they’re withdrawn from employees’ paychecks before income taxes are assessed, contributing to a 401k lowers employees’ tax burdens.
  • Deposits grow tax-deferred.
  • Enables employer matching. 

Here are the not-so-good things about 401ks:

  • They’re expensive. The 401k industry makes money on assets under management (AUM). That means the more people signed up for a plan and the higher the deposit amount, the more money the 401k administrators make. New plans don’t have any assets yet because they’re, well, new, so in order to make money, the 401k administrators charge companies a lot to set them up. They also charge the companies a lot of money to maintain these smaller plans and charge participants high fees which eat into their retirement savings.
  • They’re not portable. Employees can’t continue contributing to their employer-sponsored 401k once they leave their job. They either have to complete a complicated rollover to their next employer-sponsored retirement plan (if that plan even accepts rollovers), keep track of this account until they retire, cash it out or abandon it.

    The average worker today will have 12 jobs over the course of their career. If every employer offers a 401k, that’s either 12 accounts to keep track of, 12 rollovers to complete, 11 cash outs (for which they’ll pay a hefty tax penalty) or a lot of abandoned savings. It’s not exactly the ideal retirement plan for the modern workforce.
  • They come with legal risk. According to the Employment Retirement Income and Security Act (ERISA), employers that offer 401ks have a fiduciary responsibility to their employees. Those that don’t follow the letter of the law, conduct annual audits and annual rebalancing to ensure they’re not discriminating against lower wage earners in plan participation, open themselves up to lawsuits and other complicated financial hurdles.  
  • They’re complicated to navigate. The average worker doesn’t have the time or interest to read through thick plan documents to make sure their investments are inline with their retirement strategy. This makes it difficult for employees to take an active role in their financial health.

Small Business Retirement Savings Plan Option 2: Multiple Employer Plan (MEP)

In an effort to solve some of the problems small plans pose for 401k administrators (i.e. fewer AUMs), they created a plan that bundles multiple small employers together into the same 401k plan. 

Since they’re 401k plans, MEPs maintain all of the above benefits and drawbacks with the following additional rules:

  1. All companies participating in the MEP must have something in common. They must be part of the same industry or located in the same geographic location, or have some other attribute that ties them together.
  2. All companies must still maintain compliance with ERISA rules.
  3. Companies maintain fiduciary responsibility. The MEP administrator will tell you that it takes the fiduciary responsibility for the plan. But the reality is, because the retirement plan is a 401k, ERISA states the employer still maintains a fiduciary responsibility to its employees. That means you’re responsible for monitoring the MEP administrator to ensure it is actually acting in the best interests of your employees. That also means you still maintain the legal risk.

Small Business Retirement Savings Plan Option 3: State-sponsored IRA

In an effort to help bridge the retirement savings gap, some states are rolling out state-sponsored IRA retirement savings plans. The idea is that employees who work for a company that doesn’t offer access to an employer-sponsored retirement savings plan, will be automatically enrolled in the state-sponsored plan.

States with available state-run plans:

  • California (CalSavers)
  • Oregon (OregonSaves)
  • Illinois (Illinois Secure Choice)

Pending State-run plans:

  • Connecticut (MyCTSavings)
  • Maine (Maine Retirement Savings Program)
  • Maryland (MarylandSaves)
  • New Jersey (New Jersey Secure Choice Retirement Savings Program)
  • New York (New York State Secure Choice Savings Program)
  • Virginia (Virginia IRA Savings Program)

If you’re located in one of these states, it might be tempting to just let the government handle the retirement benefit for your employees. And there are upsides to these programs:

  • They’re no-cost to employers. Since these plans are run by an investment company and workers are automatically enrolled, you, as the employer, don’t have to pay anything to administer the plan. 
  • There’s no fiduciary risk. The state and investment company maintain the fiduciary responsibility to plan participants, so the legal risk to employers is removed.
  • They enable automatic saving. Like 401ks, the state-run plans require automatic payroll deductions from employees which means they enable employees to “pay themselves first”.

Here are the drawbacks of the state-run retirement savings plans:

  • They’re Roth IRAs. Roth IRAs have strict rules about who can participate and who can’t. In order to contribute to a Roth IRA you must make under $140,000 (single filers) or $208,000 (married, filing jointly) in 2021. If employees make over this amount and contribute by mistake, they have to go through the complicated process of unwinding those contributions.
  • Contributions aren’t tax deductible in the year they’re earned. Roth IRA contributions are made after income taxes are assessed. So plan participants will pay taxes on the money they contribute to their retirement plan. But they also won’t pay taxes on the disbursements they take once they retire.
  • The set-up process is cumbersome. The state-run retirement savings plans require a lot of upfront paperwork and some administrative work on the part of the employer to manage the plan.
  • They’re not portable.
  • They’re not user-friendly. Employees find the process of navigating the state-run plans to be complicated and confusing.

Small Business Retirement Savings Plan Option 4: Icon

Icon is the easiest and most affordable way to offer a retirement plan. Here’s what makes the Icon IRA so great:

  • Affordable. Icon was built to be low cost and high quality. There are no hidden fees or other costs associated with offering the plan.
  • Easy to set up and easy to use. Our modern, digital platform means it takes only minutes for employers to set up their company plan and for plan participants to get onboarded. Employees complete a short survey and receive guided portfolio options that are inline with their investment strategy. Any plan management can be done through the app on their phone. 
  • We’re portable. So when employees leave they take their plan with them with no rollover required.
  • We enable automatic savings. We’re a payroll IRA, so employees’ contributions are automatically deducted from their paycheck. This way they “pay themselves first” and those contributions are tax deductible in the year they’re earned.
  • No fiduciary responsibilities or ERISA rules. We take on the fiduciary role and because Icon is a Registered Investment Advisor, there aren’t any complicated ERISA rules to contend with.
  • We accept rollovers. Employees who have 401ks languishing in no-man’s land can roll all of their retirement savings into one plan and then never have to do that again.

The Easy Way for Cannabis Companies to Offer Retirement Benefits

In an industry where finding a banking partner can be difficult, it can be even more difficult for cannabis companies to offer retirement plans to their employees. 

Federal laws can make it difficult for cannabis companies to get the financial and administrative support they require to operate their business as many financial institutions and 401k providers refuse to do business with cannabis providers.

Difficult or not, by June 2022, all cannabis companies located in California, regardless of size, must provide these traditional benefits.

Why Cannabis Companies Need to Offer Employees Retirement Accounts

There two major reasons cannabis companies need to start offering employees retirement benefits:

  1. It’s the law.

    The CalSavers Retirement Savings Trust Act requires that California employers of all sizes, including cannabis companies, offer a retirement plan with automatic enrollment by June 2022. For companies with more than 50 employees, the deadline has already passed. Failing to offer a plan will cost penalties.
  2. To attract and retain talent.

    Transamerica’s 18th annual retirement survey stated a retirement plan was an important benefit to them. 81% of the workers surveyed said they liked companies that automatically enroll employees in their retirement plan. According to Cowen, an investment banking firm specializing in the cannabis industry, recent legalization in US states and Canada, along with the recently House-approved SAFE Banking Act are priming the industry for exponential growth. But to fuel this growth, you need talent. And to get and keep talent, you have to give them what they want.

Retirement Plan Options for Cannabis Companies

If you’re one of the many cannabis businesses scrambling to offer retirement savings accounts to employees, here are your options:

  1. An Icon IRA.

    The Icon retirement savings account is a payroll IRA, we take contributions from an employee’s paycheck and deposit them into a personalized investment portfolio based on the employee’s risk tolerence and financial situation. It’s low-cost for employers and employees alike. In fact, it’s one of the most affordable ways to offer a retirement benefit, which means it’s cheaper to hire people and the people you hire get to keep more of their savings. Our IRA also removes the fiduciary burden, compliance requirements, and regulatory headaches from the employer, and unlike a 401k, it’s quick and easy to set up. From the employees’ perspective Icon is easy to use, it offers personalized investing without the need for a ton of research, and it’s portable, so your employees have access to it even when they leave your company.
  2. 401k.

    There are a handful of 401ks being marketed to cannabis companies and since the 401k is considered the most traditional of the retirement investment accounts, this might be the first solution you considered. Here’s why 401ks are not so great for cannabis companies:

    – Compliance risk. As a company whose operations may not be federally sanctioned, you already have to jump through legal hoops just to run your business. Setting up a 401k brings added complications. If you offer a 401k to employees, you take on a fiduciary responsibility to those employees. That means you must retain insurance, submit to annual auditing and ensure that all employees are equally benefitting from the account offering.

    – Increased costs. Even for traditional companies, 401ks typically come with high fees for both the employer and employee (which significantly eats into their savings over the life of their account). For cannabis companies, the cost could be even higher because of the onerous vetting process you must complete.

    – Lengthy set-up process. As retirement accounts go, 401ks are complicated to set up. They require lots of paperwork and legal work and can take months to set up. Add to this the lengthy vetting process all cannabis companies must complete, you might not have time to set up your 401k by the June 2022 deadline.

    – Not portable. Employers sponsor 401k accounts so while the employee “owns” the account, the employer is the vehicle through which the employee has access to it. Once the employee leaves, they can no longer contribute to the account. The cannabis industry has a high turnover rate so this type of model doesn’t really work for those employees.
  3. For California Companies: CalSavers.

    If you fail to set up another retirement savings account for your employees, you will have to enroll them in the state-run plan called CalSavers or risk paying a fine of $250 per employee. CalSavers is a Roth IRA, which means employee contributions are not tax deductible in the year they make them. Also, employees who make over $140,000 (single filers) or $208,000 (married, filing jointly) in 2021 aren’t eligible to contribute to a Roth IRA. And if they do by mistake, they will have to go through the complicated process of unwinding those contributions. Another drawback to the CalSavers program is that it’s hard for both employers and employees to use. Employers must spend a lot of time completing paperwork upfront and managing the plan and employees find the process of managing their account complicated.

The Fiduciary Risks of Offering a 401k Plan

Did you know that by offering a 401k to your employees, you become their fiduciary? According to the Employee Retirement Income Security Act (ERISA) of 1974, that means you must act in their best interests. This might sound easy enough but in the past year, over 90 companies have had to defend themselves in lawsuits brought about by their own employees for fiduciary mismanagement of the company’s 401k plan.  At the heart of these cases are claims of excessive fees that employees have to pay as part of their 401k plan. The result of these lawsuits is an estimated $1 billion in settlements. 

These companies probably didn’t set out to harm their employees. But unfortunately, the set of requirements for retirement accounts set forth by the Department of Labor are both vague and comprehensive – which is horrible for plan sponsors and managers, and perfect for plaintiff lawyers. 

It’s not just Fortune 500 corporations that are at risk for lawsuits, even plans with assets as low as $4.5 million have been successfully sued.

So how do you make sure you do right by your employees and protect yourself from excess litigation? The first step is to understand what your fiduciary responsibilities are. 

What are my fiduciary responsibilities?

According to the Department of Labor, anyone involved in the management of a 401k plan is legally required to:

  • Act solely in the interest of plan participants and their beneficiaries
  • Act prudently
  • Diversify plan investments
  • Follow the terms of plan documents
  • Avoid conflicts of interest

Investment-specific fiduciary responsibilities require plan managers to offer a set of ‘prudent investments’ to their participants— which are defined as, “funds that meet their objective for a reasonable fee”.  Plan managers must also provide access to a broad range of financial markets so that plan participants are able to properly diversify their accounts to avoid major losses.

New to the world of investments? Too bad. Under ERISA, retirement plan managers are held to the ‘Prudent Expert’ fiduciary standard.  This means they must act ‘with the care, diligence, prudence, and skill of someone familiar with such matters’ — specifically an investment professional.  Employers lacking expertise are not excused from this requirement, so the vast majority of employers are expected to either seek professional advice or risk litigation.

401k plan managers are also responsible for extensive record keeping.  Specifically, plan documents must provide enough information to be “verified, explained, or clarified, and checked for accuracy and completeness.”  Mandatory records include fee invoices, trust statements, services contracts, claim records, payrolls, plan documents and amendments, board resolutions, insurance contracts, among many others.  

How can I protect myself from Excessive Fee litigation?

If you’re looking to protect your plan from Excessive Fee litigation, you have a couple of options:

Fiduciary Liability Insurance

You can obtain Fiduciary Liability Insurance.  Without it, you’re vulnerable to the following claims:

  • Breaches of Fiduciary Duty – violations of fiduciary obligations, responsibilities or duties under ERISA.
  • Errors or omissions in the administration of a plan. Including:
    • Advising, counseling, or giving notice to employees, participants and beneficiaries
    • Providing interpretations
    • Handling Records
    • Activities affecting enrollment, termination or cancellation of employees, participants, and beneficiaries under the Plan

Fiduciary Liability Insurance can be extremely costly, depending on the structure of your retirement plan.  And as a result of the previously discussed lawsuits, premiums have spiked by an average of 30-40%.

Offer a retirement plan that doesn’t carry the fiduciary risk

Icon’s innovative platform enables employers to help their employees save for retirement without exposing the business or themselves to all of the above. By using a payroll IRA as the investment vehicle, instead of a defined contribution plan (like a 401k) our plan removes the fiduciary risk, ERISA requirements and federal filing requirements.  New to the world of investments? No problem. Icon is an SEC registered investment advisor, so the fiduciary burden is on us.

With Icon setting up your company’s retirement plan takes minutes, not months. It’s the easiest, most affordable way to offer a retirement plan. 

CalSavers California Retirement Savings Program

California law now mandates that you must offer a retirement plan.

Millions of California residents don’t have an employer-based retirement plan and have no retirement savings. So, to make sure that everyone has access to a workplace retirement plan, California passed a new law that applies to for-profit and nonprofit businesses.

It states that if you don’t offer an employer-sponsored retirement plan—and you have five or more employees—you must either offer a retirement plan or participate in in the state-run plan called CalSavers.

The state mandate has a three-year phased rollout with staggered deadlines for registration, based on your company’s size.

  • If you have over 100 employees the deadline was September 30, 2020.
  • If you have over 50 employees the deadline was June 30, 2021.
  • If you have 5 or more employees the deadline is June 30, 2022.

What’s the CalSavers plan?

The CalSavers program is a retirement plan controlled, offered, and managed by the State of California.

If you don’t offer a qualifying company retirement plan, you’ll need to enroll in CalSavers for your employees. CalSavers is an IRA-based plan that requires all employees to be automatically enrolled. Employees can opt out of CalSavers.

How much does CalSavers cost?

Your employees will pay plan administration fees that can range from 0.85% to .95% these fees will be deducted directly from the assets in their retirement plan.

There are no fees for employers and CalSavers requires no matching contributions.

Who’s exempt from the CalSavers law?

You are exempt if your business offers a 401k or other qualified retirement plan such as a 403b,  a Simple IRA, or a Payroll Deduct IRA with auto-enrollment.

If you have fewer than 5 employees, your business is also exempt.

What’s the Icon Savings Plan?

Icon is the easiest and most affordable way to offer a retirement savings plan.

Icon is a payroll-deduct IRA with auto-enrollment, and is built with modern digital technology.

Icon removes high costs, complexities, and administrative burdens from employers. Likewise, you have no federal filing requirements and no fiduciary responsibilities. There are no matching contributions, and the employee annual contribution limit is $6,000, or $7,000 for employees over 50 years old.

For employees, Icon delivers an easy-to-use plan with a browser-based interface. Savings are invested in a portfolio tailored to the needs of the individual. The Icon auto-advisor monitors and automatically rebalances a diversified portfolio of ETFs (Exchange Traded Funds) from leading asset managers like Vanguard and BlackRock.

You can enroll in about 5 minutes. And to set up your plan takes about 30 minutes. Icon integrates with your payroll and provides a streamlined dashboard for easy plan administration.

Your employees will be automatically enrolled, as required by the state mandate, and they can opt-out at any time.