We believe all investment asset classes are cyclical and are driven based on market supply and demand. Because supply and demand changes rapidly, we do not believe “buy and hold” or “asset allocation” are the best market strategies. As supply and demand changes, we believe portfolios should be tactically managed to accommodate the changing needs.
We chose our investments based on asset class performance relative to the Russell 3000, which we consider to be the broad-based US Market average. We rank investment asset classes daily. They are ranked by measuring several factors including price performance over 4 different time frames (the past 30, 60, 120 and 240 market days). Performance on “market-up” days vs. Performance on “market-down” days, and nearness to 52-week highs. Investment asset classes above the Russell 3000 are “above-average” while investment asset classes below the Russell 3000 are “below-average.” We believe the “above average” provides the highest probability for outperformance.
Employer fiduciary liability for 401k's has spiraled upward in recent years. A recent HR industry publication said, "No company - from the smallest mom-and-pop shop, to the largest private employer in the world - is too small or too big to be sued for breaching its fiduciary liability."1
Just a simple Google search of "401k Lawsuit" returns more than 650,000 results.2
The Makes Sense 401k: A breakthrough retirement plan that makes sense for employers and their employees.
One industry article characterizes high-cost 401k plans as "Lawsuits waiting to happen."3
And with the 2012 fee-disclosure requirements, another article says, "Plaintiff's attorneys have become much more savvy and emboldened in their attacks on 401k fees..."4
The Department of Labor's Employee Benefits Security Administration ("EBSA") produces a Fact Sheet each year enumerating the enforcement actions they have brought against 401k and other benefit plan sponsors during the prior year. The latest Fact Sheet, covering enforcement actions during 2011, headlines a total
$1.38 billion of penalties, fines and recoveries leved on plan sponsors, arising from 3,472 investigations.5
Of that number $478.1 million came from settlements brought about by their active "whistleblower" program, in which employees are encouraged to report complaints about their plans. In 2011, an amazing 233,780 calls and messages were received by this program.5
That's why the Makes Sense 401k makes so much sense - its dual emphasis on dramatic liability reduction and dramatic cost reduction, benefits all parties involved and helps keep you, the employer, out of the courtroom and in your showroom, factory, construction site or office!
1 "Wow! 401(k) lawsuit ends with $13.5M settlement" HRmorning.com 12/15/2011
2 Google search on 1/2/2013 for the phrase "401k Lawsuit" returned 652,000 results.
3 "Is Your 401k a Lawsuit Waiting to Happen?" PRWeb 7/25/2012
4 "What a wave of 401(k) lawsuits tells us about what RIAs really need to worry about" RIAbiz.com 10/25/2012
5 EBSA Fact Sheet for 2011 (http://www.dol.gov/ebsa/pdf/fsFYagencyresults.pdf)
I look forward to hearing from you.
To manage a clients portfolio, we must first understand how they feel about risk. To help clients better understand risk and help them determine how they feel about it, we have implemented RISKALYZE!
With this tool, we better understand an individuals tolerance for risk, can score their current portfolio to see if it matches their comfort level and can also stress test their current portfolio to determine just how it will react to negative market conditions.
Click the RISK METER to get your risk score.