Confero Summer 2014: Issue 7 | Page 18

Res Ipsa Loquitor RES IPSA LOQUITOR IS INERTIA WORKING AGAINST YOUR 401(k) PLAN? IT MAY BE TIME TO CONSIDER AUTOMATIC ENROLLMENT I JOHN C. GODSOE, ESQ. 16 | SUMMER 2014 nertia. Webster’s Dictionary defines it as “the lack of movement or activity especially when movement or activity is wanted or needed.” Plan sponsors and retirement committees often struggle with 401(k) plan participation inertia. Employees who fail to enroll in 401(k) plans when first eligible often neglect to commence participation. Employees who initiate elective deferrals at low rates regularly continue that trend. Low participation and deferral rates not only harm affected employees, but they also represent lost opportunities for employers. Higher participation and deferrals rates often bring with them a number of upsides, including increased plan assets that may create the opportunity for lower plan fees and more favorable nondiscrimination testing results allowing higher paid employees to make greater pre-tax deferrals. Luckily, plan sponsors have a quiver in their bow to combat inertia – automatic enrollment. Automatic enrollment is a mechanism under which an eligible employee who does not make an affirmative election to make pre-tax contributions to a plan is automatically enrolled in the plan at a specific pretax contribution percentage, unless the employee specifically opts out. Automatic enrollment features are not new to the 401(k) plan world, but the Pension Protection Act of 2006 (“PPA”) added provisions designed to encourage sponsors of 401(k) plans to add an automatic enrollment feature.