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Extra1/12/2011 12:22 PM ET

Time to make the 401k mandatory?

The 401k was supposed to be a supplemental retirement program. But now that it's become the main source of old-age security, the rules need rethinking

By Knight Kiplinger

It's time to make the 401k mandatory, with every employer offering a plan and both employer and employee required to contribute.

When the 401k was created in 1978, it was never intended to be the main pillar of most workers' retirement security, a burden that then fell to traditional pension plans and Social Security. But that's what 401k's, as well as 403b's and similar plans, have become.

And, as now constituted, they're not up to the challenge.

An estimated 40% of all private-sector workers don't have access to any retirement plan. Of those who do, about one-quarter don't make use of it. Most who do participate are not contributing nearly enough to ensure a comfortable retirement. And most employers pay in only if their employees do first.

There are a slew of 401k reform plans out there, ranging from modest proposals for automatic employee enrollment (but undercut by the employee's right to opt out) to replacement of the 401k by a new system run by the government or a nonprofit organization. (For a useful description of the various ideas, see a study by Robert Hiltonsmith for Demos, a liberal think tank that espouses total overhaul.)

Rather than scrapping the 401k, I'd like to see it revised and extended to every worker. What I envision:

  • Coverage. Every employer of any size would be required to offer a 401k plan. All workers would automatically be enrolled the day they start work.
  • Funding. Workers would be required to make a pretax contribution to their account (say, 3% of their earnings), which would automatically rise with age and income toward 6% or more. Employers would be required to make a similar cash contribution. Companies and workers could both contribute more, with no limit. Employers could throw in some of their company's stock, too, as long as it's a small portion of the employer's contribution.
  • Investments. The default choice would be a "life cycle" asset allocation in which bonds and cash roughly equal the employee's age (25% for a 25-year-old, and so on), with stocks (both U.S. and foreign equities) accounting for the rest. The default investments would be index mutual funds and exchange-traded funds with low management fees.
  • Vesting. All funds in the 401k -- including the employer's contributions -- would belong to the employee immediately. No funds would be forfeited when an employee resigns from a job and rolls the money into a new employer's 401k plan.
  • Early withdrawals. Loans and withdrawals before age 65 would not be allowed, except in the event of permanent disability. The 401k would be reserved for retirement security only, not midlife financial distress.
  • Income stream. In retirement, the 401k balance would be paid out like an annuity, not in a lump sum, to improve the odds that it will last a long time. But any remainder would go to an employee's estate or a charity.

At Kiplinger, we practice what we preach. We automatically enroll all new employees in our 401k plan, and we contribute 3% of their earnings, whether they put in any of their own funds or not. Our and their contributions are instantly vested, and there are no forfeitures even if a colleague leaves us in the first year.

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I'd like to see these practices and my other suggestions made universal. Some libertarians will argue that mandatory retirement saving, like mandatory health insurance, would be an imposition on their personal freedom. It sure would.

But absent a mandatory 401k system, those who don't plan for their own retirement will surely be a burden on compassionate others, whether family, friends or the government. And that's an irresponsible imposition on all of us.

Knight Kiplinger is editor-in-chief of Kiplinger's publications.

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33Comments
1/23/2011 11:09 PM
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I think it's a great idea because I'm retired on a small pension with great health insurance and, even though I have a paid-off mortgage and my property taxes and homeowner's insurance only average $200/month, that small pension makes all the difference between living very comfortably, traveling, owning 50% of a pleasure boat in a boatel on the Chesapeake, paying a few thousand for piano lessons from a virtuoso, etc. and just barely getting by.  But, instead of a 401k where the Wall St. thieves steal several percent a year out of your contributions, there should be some kind of Social Security supplemental pension (not necessarily matched by your employer) and the amount you must contribute would vary from $0 if you've got a McJob up to an amount equal to 100% of you and your employer's combined regular Soc. Sec. contributions.  You would have NO opportunity to borrow against it or cash it in, so something like a 401k should continue to be available, but those fees the fund sharks charge should be illegal!
1/18/2011 10:41 AM
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I can appreciate the concern and the suggestions. We cannot count on social security at all, and the statistics show that people are not saving nearly enough for retirement. The result will be a societal breakdown as we have more and more people having to work long past the retirement age, and not able to because of health, discrimination, or lack of jobs. But I do not agree with the recommendations. This country was not built on people who need to be taken care of, though it seems that more and more people expect to be taken care of. It was built as a country of scrappy Do It Yourselfers. What we need is more educational resources for people to take personal responsibility for their future.  I am the community director at http://www.erollover.com which is providing the education and tools that have been lacking for so long. 
1/16/2011 2:04 PM
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it's NEVER time to make ANYTHING "mandatory" ( dictated, forced ).  government is NOT our boss.  it's NOT government's proper role to tell us what to do.  these days,  most americans don't have a clue what freedom means, nor do they care.   
1/16/2011 11:54 AM
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Just what we need more of the government telling businesses what to do..... Of course Mr. Kiplinger wants this mandatory so he can sell more subscriptions to his magazines, newsletters all for his own personal greed!
1/15/2011 11:35 AM
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You know, why don't they just privatize SS?  That's basically what they're saying here.  Leave a relatively small portion (say, 5%) in the government's control to distribute as they see fit to those that haven't been able to contribute enough/at all, and then we each have our own private, legal-mandated 401k.  What's the difference?  If the government can't afford to make up the difference for those that can't provide for themselves, maybe they'll get up and do something, or people will contribute to what they would prefer to (instead of being forced to, through taxes), and those organizations would help.  It's been proven throughout history that, if we have money that is not being taxed, we generally use it for good, as we see fit, and with generally better results.
1/14/2011 3:04 PM
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The only recommendations I agree with are requiring that employees be instantly 100% vested and requiring that unless someone specifies otherwise, the money deposited should go to a target-date fund.  The other recommendations are terrible.

 

Coverage: requiring every single employer to offer a 401k plan for every employee is a bad idea because it's not feasible for the smallest of businesses, not to mention that it's not really appropriate to expect that part-time workers would get a 401k.  I think requiring employers with more than, say, 100 employees to offer a 401k plan is possibly reasonable, but that would be way too onerous for someone employing a handful of people.

 

Funding: requiring every employer to match funds would be a big burden and probably result in more unemployment.  Requiring every employee to contribute is a better idea, but there are cases in which contributing to a 401k isn't ideal.  If I'm a college student working full-time but studying for a lucrative career, I might decide to put everything in a Roth IRA for now since later on I'll be in a higher tax bracket and unable to contribute to one.  Furthermore, some 401k plans have terrible offerings (bad funds with loads and administrative fees) and in extreme cases it might be better not to contribute to them at all.

 

Early withdrawals: first off, where the heck are they getting age 65 from?  Currently you can withdraw from your 401k starting at 59.5 and that already makes 401ks less attractive for some early retirees.  Changing that age to be even higher is a dumb idea.  Second, I don't like the idea of making it totally impossible to withdraw 401k funds early.  Yes, it's generally a bad idea to do so, but that's why there are significant penalties.

 

Income stream: this is perhaps the worst proposal of all.  It's my money, and you're going to tell me that I have to take it as an annuity rather than having full access to it when I retire?  That's one of the dumbest ideas I've ever heard.

1/14/2011 1:46 PM
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Lost shep: Ha! I hate both parties...and yes, I will trade marginally higher goods/services pass-through prices in exchange for an increase in my retirement account balance.

Thnkbtt: Uh, I base my decisions in reality, not on Fox news based rumor mills want you to think MIGHT happen. The day that the gov't takes over my self-custody 401k account is the day I'll eat crow & join you paranoid conservatives.

1/14/2011 12:28 PM
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RODMAN41083 & surety1:  Sounds like both of you are Nancy Pelosi followers.  No matter your political affiliation, ask your self this question:  What happens to gas prices at the pump when the price of oil goes up?  When you figure out that the increased cost is always passed on to the end consumer, then you can ask yourself this question:  What does an employer do when the government or any other agency (insurance company, etc...) raise the costs of Medical Insurance, Taxes, or Unemployment Insurance?  Ding Ding, they pass this cost on to their employees in the form of higher medical deductibles, lower cost of living raises and all the like.  The government cannot seem to grasp this concept.  They believe that corporations will simply pocket the added cost.  Never happens, employees are the end consumers and we pay.  They always promise you $100, but never tell you that they will be taking $50 of it on the back end.
1/14/2011 1:54 AM
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Is this author seriously suggesting a forced, mandatory 401k that can be nationalized and broke like Social Security? There is already talk of nationalizing 401ks and with taxes and food and energy prices going up (California has the highest taxes in the US already, Higher gasoline, sales taxes not including fees on everything) what good does it do to invest in a 401k if you can't afford to live now? We still don't know how much more our medical insurance is going to go up because of this new federal law that was crammed down our throats with nobody knowing what was in it before they voted it in. Stay out of my wallet.
1/13/2011 6:03 PM
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Encouraging companies to offer 401(k)s is a fine idea.  Even mandating it for companies of a certain size is defensible.

But participation must remain voluntary.  The employee may be investing in his spouse's self owned business and that may be a better investment for him.  Or he may own rental property, or any number of non-stock, better options.  One size does not fit all.  Moreover, not all 401(k) plans offer cost efficient options which fit into the employee's portfolio.

The other problem I have with this proposal is the mandatory annuity.  I would never turn my life savings over to an insurance company!  It's a fine idea to have annuities as an option available at retirement, but I want to control my money.  Shoot, half the articles written discuss the logistics and timing of 401(k), IRA, social security, and taxable account disbursements.  I want to flexibility to decide what I get when!  I'll go along with a required minimum distribution, I knew that going into the savings plans.  But don't force me to buy an annuity with my savings!
1/13/2011 5:03 PM
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Listen the people who havent saved for retirement either got to starve or keep working. It shouldn't be the rest of the country's problem to take care of them- they really need to grow up and take care of themselves. As for those older individuals who didn't take the time to put money aside for their future well then I guess its up their family (kids or siblings) to step up to the plate. I just do not get this mindset where the people in this country can't take responsibility for their own actions and deal with their results. It is great that an employer is willing to contribute to their employee's 401K, but leave it up to the employer to decide whether if they will even allow 401K's, contribute to them, or the investment options. What happened to freedom in this country... let your 401K be a selling point to attract stellar employees as opposed to whatever your competitor is offering. And like the poster below stated- isn't the article above what Social Security was designed to do?
1/13/2011 4:30 PM
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Are you out your mind.  What do you think we are supposed to be doing with Social Security?  What we really need to do is stop spending what we don't have and revamp the system and make the government do what they promised they would do when it was first implemented.  Why should I spend more to help even more?  As a small business owner I cannot keep up with all the mandates and taxes now.  Why is it incumbent upon me to be everyone's babysitter and take care of them?  I have plenty to worry about already.  That is what is wrong with the country now.  No one is taking personal responsibility for themselves.  In stead of mandating 401K, how about privatizing the social security system and maybe one day it will meet its original intent.
1/13/2011 3:55 PM
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Ok so first of all a company has to pay 6.5% towards FICA and then you want to tag another 3% on top of that to go into a 401K account. So nearly 10% just for the privilege of employing someone, I don't think so the only thing that would come out of this proposal is more unemployment as jobs are moved overseas to avoid the new payroll tax.

As a self employed person I don't invest in the stock market I use my money to invest in my own companies, so please explain why I would need or want 401K?????

It sounds like you are just a shill for wall street that wants more of main-streets money.

Of course the chance of this becoming law in the US is 0%, especially with a republican controlled house. The Tea party would go nuts over this and block it. When will you big government nut jobs realize that Americans don't want a federal government running our lives.

When the supreme court strikes down health care for being unconstitutional the same argument could then be applied to this, the government can't FORCE people to purchase a good in this case stocks or bonds via a 401K.

1/13/2011 1:45 PM
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thnkbtt2: what do we do with those people who have saved nothing for retirement? Just a practical question. Will you like it when the underpasses are full of the homeless? What will happen with the strain on food banks? what about people who can't pay deductibles and copays they owe on medicare? Do you think that poverty leads to crime? I do. What do you do when the baby boomers default on the debts they incurred during their working life and so your interest rates go up? It's all fine and good to say--it sucks to be you and you should have done something about it. But the poor produce lots of costs for everyone else. You can't pretend that they don't exist. By forcing them to save, you are making them pay for their own retirement rather than having "the system," aka the rest of us, pay for their care.
1/13/2011 1:39 PM
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Many companies are now offering "Safe Harbor" plans which automatically enroll all eligible employees into the 401k plan. Of course the employee can "opt out" of the minimum automatic contribution. The bigger issue is that as a nation or society need to educate our population. I am a financial planner working at a Credit Union. I always encourage other employees to contribute to the 401k plan (as much as possible) in an effort to save for retirement. The vast majority of those who were previously not contributing, simply did not know how or what to invest in. I believe we should begin teaching basic investing as early as possible (Kindergarden!!). Once people begin to understand what they are doing and why, they start taking responsibility for their futures.
1/13/2011 1:32 PM
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What a terrible idea. Now you want to force people to put money into the stock and mutual fund market. So now, instead of just having people save money, you want to force them to put their retirement savings in volatile markets where they can lose money.

Now every generation can go through the losses that those retiring in 2001-2003 went through when they lost half of their money that was in 401k plans.
1/13/2011 1:00 PM
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RODMAN41083, you obviously haven't been listening to the Democrats in Congress. For the last few years there have been some that are VERY vocal about STEALING everyone's 401k balance because some people don't know how to invest and if stocks fall they lose too much. They want to take the money and "guarantee" a 3% return or something like that.

surety1, you miss the point. Why should I be punished because your dad is irresponsible? I know there are idiots with no self-control. That is their problem not mine. I know there are people that don't know how to control their eating but fast food and ice cream shouldn't be illegal for everyone to help those fat idiots with no self-control. I know there are people that don't know how to save but I shouldn't be forced to participate in a 401k because your dad spends every penny he gets.

I look at this a lot like health care. I don't support the health care bill as is. The government doesn't have the right to force me to buy health insurance. That said I would completely support a law that says you have to have health insurance or a doctor / hospital can require you to pay cash upfront before helping you. No insurance or no cash than you are on your own. No more requiring doctors to help people they know have no insurance and will never pay their bills. Forcing a doctor to work for free is no different than telling a teach they have to tutor kids all summer for no pay or an engineer has to design a road for free, or a plumber has to install plumbing for free. The government should not demand a free citizen in this society to do work for free (i.e. slavery) but that is exactly what they do. As a result, they have to charge those of us that do pay double. It is a joke. People need to take care of themselves. Buy insurance or take cash to the hospital period. You want to retire? Put money in a 401k, an IRA, or at least a savings account. If you don't take care of yourself, that is your choice but be prepared to suffer the consequences.

1/13/2011 12:50 PM
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U6 is well over 16%.  Why is it a good idea to make it more expensive to hire workers?

1/13/2011 12:23 PM
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We really need to think more critically about this than just saying "anybody who tells me what to do is wrong." I am 32 and watching my 64 year old father spend himself into poverty. He has 0 retirement savings except for 21 guns. A lot of people are not capable of the self discipline it takes to postpone spending for retirement. Social security was never intended to cover all of a person's expenses in retirement. It was supposed to supplement pensions. But now, people don't typically stay in the same job for 30 years. So, pensions are not as useful. PLus most employers have stopped offering them. The plan mentioned above would force employers of a certain size to offer a 401k. What is bad about that? It would also force the employer to contribute to the 401k. What is bad about that? I suppose you could argue that it will make american business less competitive, but that is not the argument that most of you are taking. You are ranting about some sort of conspiracy theory. This is not a government-run plan like social security. Your money would not be going into the indefinable ether of the US budget (or lack thereof). No one could postpone the age at which you could draw it because it would be YOUR money. (I do disagree with the author that it should have to go into a target date fund. Some people don't have the risk tolerance for that). I contribute to my 401k--6% into a traditional and 1% into a Roth. It's invested in a target date fund. My employer matches my contributions 100% up to the first 6%. I've been contributing 6% since I was 22 year old and making $34k per year in a job I hated--insurance claims adjusting. I made that contribution, paid off a 12k car loan, and 12k in student loan debt in about 4 years while supporting myself in a large city. I lived in a dump apartment but paid less than $500/mth rent. Most people don't have the discipline to eat PB&J and an apple for lunch every day and a large pizza a week for dinner. And I've never had cable. But those sacrifices I made while young will allow me to have enough to eat when I'm 65. Most people need help doing that. We live in a self-spoiling age. And it's not just my generation. My parent's generation has caused a ton of problems because they were spoiled by the "Great Generation" who didn't want their kids to suffer the same hardships they did. Well, hardships are good for people. They are learning experiences.
1/13/2011 12:08 PM
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You paranoid guys are missing the point. This would be YOUR money from day 1 of investing. Zero control of the funds by the gov't. And with mandatory co. matching (instead of all the huge profits going all to CEOs, you'll get a little) you have plenty of "house money" to sustain market losses to protect your own deferrals.

It's not SS#2 because you have no control over that balance & payout for that Plan, but you do for this plan. You'll get broker updates every year on YOUR account balance...not some pie in the sky estimate on what may be available from SS when you retire!

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