Thursday, November 19, 2015

My Book Is Coming Soon! Wild West: Providing Fiduciary Advice to Public School Employees

It's taken me almost four years, but I'm almost there!

I'm in the formatting and distribution phase of my new book and anticipate it will be released in January 2016.

Wild West: Providing Fiduciary Advice to Public School Employees is written for financial advisors who consider themselves Fiduciaries and who want to learn how to work with those in education.

I'll post a chapter or two over the next 6 weeks as a preview. But look for it on Amazon, iTunes and Google Play in January.

Scott Dauenhauer, CFP, MPAS, AIF

Thursday, November 05, 2015

Warren Commission: Villas, Castles, and Vacations


Senator Elizabeth Warren began an investigation of insurance company non-cash compensation methods several months ago, what she found will be shocking to most people, but not to those of us who've been following the unethical sales practices of the annuity industry for decades.

Titled Villas, Castles, and Vacations: How Perks and Giveaways Create Conflicts of Interest in the Annuity Industry, the document outlines some of the incredible perks that insurance agents receive in addition to commissions when they sell annuity products. Warren hinted at some of these perks in a Senate Banking Committee back in April, you can watch her below:


In this report Warren attempts to discover the entirety of non-cash compensation, though she isn't entirely successful, here's an excerpt:


"Kickbacks pose an especially dangerous problem. When companies can offer kickbacks to agents for recommending high-cost financial products, and when those kickbacks are hidden from the customers, the likelihood that consumers will be duped into buying bad products increases sharply. 
To explore the prevalence of this type of conflict of interest, in April 2015 Sen. Elizabeth Warren (D-MA) opened an investigation, asking fifteen leading annuity providers for information on whether they offered non-cash incentives such as lavish cruises, luxury car leases, and other perks to annuity sales agents to promote their products and whether their customers were aware of the agents’ compensation arrangements."
Reading this report one wonders how the insurance industry continues to get away with such unethical and clearly conflicted business practices, it's a testament to the power of that industry and Warren is confronting them head on.

Dan Otter of 403bwise.com and I recently did a podcast on such compensation practices and you should be able to listen to it soon by going to www.teachandretirerich.com and clicking the podcast link.

I encourage you to watch the above video and then dive into Warren's report.


It's time to put a stop to these unethical compensation practices.

Scott Dauenhauer, CFP, MPAS, AIF

Wednesday, November 04, 2015

Texas Superintendent Ignites Controversy Over Primerica Affiliation

Primerica Million $ Club

A Superintendent in the Longview Independent School District in Longview, Texas is in hot water for using his position to promote Primerica financial products to his employees. The Longview News-Journal published Longview ISD' Superintendent's Business Banned in which it says the following:

Since taking the top job in Longview ISD, Superintendent James Wilcox has had a side business selling what he calls retirement planning to educators. As of this week, however, he and his representatives won't be peddling their products on Longview ISD campuses.

After representatives from Primerica — a company some say is essentially a pyramid scheme — made their pitch Oct. 22 at Longview High School, the district's school board directed Wilcox to "not allow any meetings of this type on any LISD property in that future," Wilcox said last week.

"That will be fully complied with in the future," he said.

A portion of the district's employee policy manual seems to prohibit such an on-campus sales pitch, but Longview ISD board President Chris Mack said last week he didn't see anything wrong with the company's services being sold on district property. The manual, however, prohibits employees from using their position with the district "to attempt to sell products or services."

The board made its decision, Mack said, not because of its policy but after hearing an uproar from the community.

"We got a lot of complaints," he said. "I honestly think James is trying to help people. Here's the thing: Nobody was forced to go to that meeting. ... Had he forced people to go, had he forced people to sign up, that would be inappropriate.

"We got a lot of complaints, but there was no pressure there. But because of the fallout, we felt like it would be better if we didn't allow it anymore. It's a shame that we had to say that because there was a lot of potential there."
Wilcox isn't the first person or educator for that matter to fall for the siren's call of Primerica. Who wouldn't want to earn an extra income while helping our nation's educators? Yet Primerica is NOT a financial planning company, it's a product sales company and is focused first on selling those financial products as well as recruiting others to sell their products, a multi-level marketing type business.

The issue here really isn't Primerica or Wilcox, it's the sorry state of the 403(b) market where things like this occur on a regular basis. The wild west of defined contribution world needs dramatic change if it's going to become an important part of educator's savings plans.

Scott Dauenhauer, CFP, MPAS, AIF

 

Thursday, October 15, 2015

CalSTRS National Retirement Security Week

National Retirement Security Week



The CalSTRS Pension2 program is a proud participant in National Retirement Security Week. In the spirit of this week, we will be hosting a variety of events. Come join us to learn more about saving for your future.



Online Workshops
  • Pension2: CalSTRS Retirement Savings Plan for Your Future
  • Tuesday, October 20 at 4 p.m.
  • Register now
  • AMA (Ask Me Anything) Session with 403b/457b Advocate Scott Dauenhauer
  • Wednesday, October 21 at 4 p.m.
  • Register now
  • Build a Budget Plan Using 50/20/30 Guideline
  • Thursday, October 22 at 4 p.m.
  • Register now
Free Financial Advice: Schedule a One-on-One 
Appointment at a CalSTRS Member Service Center

Half-hour Appointments Available

Member Service
Center

Date
Times Available
Glendale
Tuesday, 10/20/2015
10 a.m. – 4:30 p.m.
Irvine
Wednesday, 10/21/2015
10 a.m. – 4:30 p.m.
Santa Clara
Wednesday, 10/21/2015
10 a.m. – 4:30 p.m.
Riverside
Thursday, 10/22/2015
10 a.m. – 4:30 p.m.
West Sacramento
Thursday, 10/22/2015
10 a.m. – 4:30 p.m.

Book your private session:
Pension2 on Campus (via CalSTRS New Beginnings Workshop)
Lake Elsinore School District: Wednesday 3:30 – 5 p.m.

Friday, October 09, 2015

The Ring: Warren Speaks Out About Annuity Incentives #incentivesmatter

Senator Warren mentions a diamond encrusted, Super Bowl style ring with a ruby in the middle. No, this is not a piece for the Onion, I found something quite similar. #incentivesmatter


Incentives Matter: Elizabeth Warren Investigates

A quick post of a few videos that I think are worth reviewing in the fight against annuity incentives.






Scott Dauenhauer, CFP, MPAS, AIF

Wednesday, September 30, 2015

WGN Hosts Finance For Teachers

It's always nice to see a fiduciary advisor on television giving advice to teachers. Dave Grant of Finance for Teachers (and the F4T Network) was invited on the local WGN news show to provide some tips for teachers.

Thursday, September 24, 2015

More Ridiculous Annuity Ads - 11% Commissions!

It amazes me what makes its way into my inbox these days.

This time I received an e-mail about an annuity that pays an 11% commission, wow!

Think about that, for every $100,000 you place into this annuity, you (the agent) make $11,000 - that is huge.

Notice how the details to the left are almost non-existent though? Most of the "features" are just throwaway gimmicks, what is missing is what the term, rate and surrender charges are...you know, the important stuff.

How much could this annuity actually pay in interest when the company has to pay 11% out to an agent and then credits the client with a 5% premium bonus, that's fully 16% of the amount deposited. You can be sure the client isn't making much interest.

How these companies can get away selling such junk is beyond me. This is why we need a Conflict of Interest Rule.

Scott Dauenhauer, CFP, MPAS, AIF

Friday, September 04, 2015

More Annuity Incentives - This Need To Stop

I've posted several e-mails that I've received from Insurance Marketing Organizations (IMO), they really should be more careful who they send this stuff out to. The latest advertises a 7% commission with several ways of increasing that commission by selling certain amounts of a particular annuity through a particular IMO.

If you are wondering what's behind the annuity recommendation your agent is trying to sell you...this is a clue. #IncentivesMatter

Scott Dauenhauer, CFP, MPAS, AIF

Wednesday, September 02, 2015

Secrets of Insurance Sales: Sell Our Crap, We'll Pay You Back

If you don't quite understand what's behind the Department of Labor's current push to decrease conflicts of interests within the financial services industry, perhaps this e-mail I just received will give you an idea.

Basically, this company (an IMO) will reimburse insurance agents for their marketing expenses...but only if they sell certain products that pay commissions. As always, no mention of the client's best interest.

What's behind your broker/agent's recommendations? #IncentivesMatter

Scott Dauenhauer, CFP, MPAS, AIF

Tuesday, August 25, 2015

Plansponsor 403(b) "Balance" Article Lacks Balance

Plansponsor recently posted an article "Can k-12 403(b)s Find A Balance", it was anything but balanced.

The problems start in the first sentence:

"Some players in the K-12 403(b) plan marketplace say the traditional model—in which plan participants have individual relationships with advisers..."
No, plan participants do not have individual relationships with "advisers", they buy products from salespeople who are mostly Registered Representatives and Life Insurance Agents, not Advisers. There is a difference between a salesperson and an advisor and this article deliberately obfuscates this distinction ignoring the huge battle going on at the Department of Labor right now.

The article essentially advocates for the status quo in k-12 403(b), multiple vendors with no fiduciary oversight. The author quotes two people and both are advocates for multiple vendor systems where commission based, non-fiduciary products are distributed. Amazingly the "advisor" quoted in the article recommends annuities....of which his firm sells (surprise, surprise)...some balance.

While auto-enroll is mentioned, it is almost immediately dismissed in favor of one-on-one "advice" from salespeople - a model that has failed in spectacular fashion in k-12. Auto-enroll would certainly go a long way toward improving contribution rates.

The article even includes the ridiculous quote:

“I think depending on built-in assumptions, especially how long someone is going to hold on to investments, you can make an argument that buy-and-hold type investors will incur less fees in commission-based investment than fee-based over the long-term,” Wolff says."
I won't even waste the space dissecting what is wrong with this quote. But I will say, where is the "balance"? Why didn't Plansponsor interview someone who actually works in this market on a Fiduciary basis?

It feels like Plansponsor is just writing articles for their advertisers or want to be advertisers. There is no balance in this article whatsoever.

Scott Dauenhauer, CFP, MPAS, AIF

Wednesday, August 19, 2015

The Annuity Store Attempts To Bully Me


Yesterday I received the following "take down" notice from Go Daddy (my blog hosting company). The Annuity Store insurance marketing company has hired an attorney to stop my blog post from showing their e-mail advertisements and what is behind Annuity recommendations that their agents make. I posted their e-mail advertisement to show the public what they don't see - this is a public benefit. Scroll down to see the claims made.


Dear Customer,
We have received a complete DMCA complaint alleging that copyright infringement is taking place on your hosted site. This notification was submitted pursuant to the Digital Millennium Copyright Act and GoDaddy’s Copyright Infringement Policy, which can be found here:
https://www.godaddy.com/agreements/showdoc.aspx?pageid=TRADMARK_COPY
In accordance with this policy, as well as the hosting agreement you consented to upon purchase of the service, we will need to suspend this hosting account if this matter can not resolved by removing this content within the next 24 hours or submitting a complete counter notification as described in the policy.
You have two options at this point:
Option 1 - CONTENT REMOVAL
In order to resolve this situation and avoid suspension of your site you will need to completely remove the content that is the subject of the copyright complaint. 
Option 2 - COUNTER NOTIFICATION
If you feel that this complaint has been made in error and you wish to contest the claim, you will need to submit a complete counter notification in accordance with the DMCA. Let us know if you require further information and/or instructions on how to file a counter notification.
Please understand that as a web hosting provider, we are not able to make legal determinations as to who is right or wrong in an infringement claim. 
Let us know if you have any other questions at this time.
Kindest Regards,
ChrisCopyright DepartmentGo Daddy Operating Company, LLCCopyrightClaims@GoDaddy.com--------ORIGINAL NOTE-----------Subject:Subject: RE: Copyright Claim (Our File No.: 5912000.204) - [Incident ID: 26678507]From:klbynum@fleckman.comDate: Mon, 17 Aug 2015 19:04:09 +0000To:copyrightclaims@godaddy.com

Your resolution
Dear Chris,In response to your email below, I am re-forwarding the Notification of Claimed Copyright Infringement on behalf of The Annuity Store with the changes you haverequested.  Should you have any questions or require any further information, please do not hesitate to contact me.Dear GoDaddy Copyright Agent:Our firm represents The Annuity Store(“TAS”) in various legal matters, including trademark and copyright matters.  We write regarding unauthorized activity on the websitehttp://www.meridianwealth.com involving one of our client’s copyrighted works.  It is our understanding that the websitehttp://www.meridianwealth.com is hosted by GoDaddy.com, LLC (“GoDaddy”) and that the activity on this site is therefore subject to GoDaddy’s Terms of Service.  Please direct all correspondence to us at the e-mailor physical addresses provided herein.In late 2014, TAS sent the attached marketing communication via email to numerous financial professionals.  Scott Dauenhauer, an independent insurance agent, financial plannerand the operator of “The Meridian Blog” hosted at http://www.meridianwealth.com, was one of the recipients of this communication. It has come to our client’s attention that Mr. Dauenhauer subsequently posted the entirety of the marketing communication on his blog at
http://meridianwealth.com/2014/12/08/insurance-secrets-whats-driving-those-annuity-recommendations/,despite the very clear indication on the communication that it was intended “for financial professional use only – not for use with the public.” Mr. Dauenhauer is not contracted through TAS, nor was his posting of the communication in its entirety on a public-facing,personal blog authorized by TAS.  TAS has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.  Accordingly, it is the position of TAS that use of its marketing communicationin this manner constitutes a violation of its copyright in that communication.In view of Mr. Dauenhauer’s unauthorized use of our client’s copyrighted work on the referenced web site hosted by GoDaddy, in direct violation of GoDaddy’s Terms of Service, we ask that GoDaddy immediately take down the unauthorizedmarketing communication on the website at http://meridianwealth.com/2014/12/08/insurance-secrets-whats-driving-those-annuity-recommendations/and disable all access to Mr. Dauenhauer’s post regarding that communication.  We would appreciate your immediate attention to this matter and request a response to this notification within ten (10) days advising us of how GoDaddy will comply with theserequests.  Should you have any questions or require any additional information, please do not hesitate to contact me directly at this email address or the phone number provided below.   I declare, under penalty of perjury, that the foregoing information in this notification is complete and accurate, and that I am authorizedto submit this Notification of Claimed Copyright Infringement on behalf ofTAS.  Best regards,
Karla Lambert Bynum
/Karla L. Bynum/Fleckman & McGlynn, PLLC
515 Congress Avenue, Suite 1800
Austin, Texas 78701
512.476.7900
512.476.7644 fax
www.fleckman.com

INSURANCE SECRETS: WHAT’S DRIVING THOSE ANNUITY RECOMMENDATIONS?

I posted this on my Meridian blog back in December. The company has since tried to shut that blog down, re-posting here.


Ever wonder why that “financial planner” is recommending the product they are recommending? It could be the compensation or the extra bonuses that are offered to incentive them to sell a certain company’s product.Given these incentive plans, is the product being sold really in your best interest? I’ll let you decide. Here is a recent advert that showed up in my e-mail:


Wondering which insurance company must be sold to secure that $1,000 Visa card (and trip qualification to Italy)? Here is the small print…enlarged:

*Available only on all Allianz Life Pro+® and Allianz Life Pro+ SurvivorSM Fixed Index Universal Life Insurance Policy Applications. Offer ends 12/31/14. Exclusions may apply; contact your Annuity Store Marketer at 800-825-6094 for complete details.

Policy #P54350 & #P61843 are issued by Allianz Life Insurance Company of North America.

Guarantees are backed by the financial strength and claims-paying ability of Allianz Life Insurance Company of North America.
Product availability and features may vary by state. New York production is not included.
Registered representative participation is subject to Broker/Dealer approval.

The Annuity Store reserves the right to alter or discontinue this promotion at any time. Agent must be in good standing. All federal, state and other tax liabilities arising from the award are the sole responsibility of the agent. VISA is not a participant in, or sponsor of, this promotion.

TAS226-38610 For financial professional use only – not for use with the public.


Notice that the marketing company doesn’t want you to know about this – marking the e-mail “For Financial professional use only – not for use with the public.” It seems to me the public SHOULD know about the incentives driving the product recommendations being made.

This practice should not be allowed.

Scott Dauenhauer, CFP, MPAS, AIF

Tuesday, August 18, 2015

Northbrook District 27 - Illinois Goes Single Vendor for 403(b)

In what is becoming a trend, the Northbrook, Illinois District 27 has chosen a single vendor for their 403(b) program. The administrator of the program will be the IPPFA (Illinois Public Pension Fund Association).

Read the Plansponsor article:

Scott Dauenhauer

Thursday, August 06, 2015

DOL Fiduciary Rule Impact on non-ERISA Government 403(b) Plans

In reading the updated Department of Labor proposal for a Fiduciary Standard I became quite disappointed that non-ERISA 403(b) plans were left out (as are all non-ERISA government plans), but the more I've studied and talked with others I've become somewhat encouraged.

If the Fiduciary Standard becomes a reality it could fundamentally change the way 403(b) plans are serviced going forward. The change wouldn't be because an "advisor" has a fiduciary duty to the participant, it's likely they still won't, but because the "advisor" would have a fiduciary duty to the participant in the event of a rollover to an IRA.

Under the new rule any advisor advising a participant to rollover their assets from the plan would become a fiduciary to that participant and also any recommendation within the IRA would be subject to the fiduciary rules, this is a huge problem for the vast majority of advisors.

Currently, recommending a rollover to an IRA is not a fiduciary act, nor is the recommendation (ok, there is some debate on this, but generally the advisor has no fiduciary duty). If the rule change goes into affect and such advice becomes fiduciary in nature the advisor will find it nearly impossible to collect a commission for the recommendation. This has the industry completely freaked out.

The effect on the 403(b) will likely be to see fewer rollovers and more exchanges within the 403(b) plan itself. A recommendation to exchange one 403(b) product for another is not subject to the fiduciary rule, but a recommendation to rollover to an IRA is. To avoid a fiduciary duty you will see more money stay within the 403(b) umbrella instead of being rolled out and you will see 403(b) providers attempting to come up with new 403(b) products to be approved within school districts.

While I am not 100% happy with the current version of the Fiduciary proposal (I'd like to see some changes to the BICE contract and some additional flexibility on behalf of the service providers in communications) I am more encouraged than I originally was. It still doesn't cover 403(b), but it will affect the 403(b) and if these plans can be structured correctly, could fundamentally alter the landscape.

As I study and learn more I'll update you on my thoughts and correct any errors made in this initial analysis.

Scott


Friday, June 12, 2015

Will Franklin Graham Now Move Samaritan's Purse 401(k) Plan?

In the wake of Franklin Graham's decision to pull the Samaritan's Purse bank accounts from Wells Fargo due to Wells Fargo's national advertising campaign that featured a lesbian couple, will Graham do the same with the Samaritan's Purse 401(k) plan?

In an op-ed in the USA Today newspaper today, Graham had the following to say about why he moved the organization's money:


"Because, in our view, Wells Fargo went beyond being gay-friendly to being a public advocate — through a national TV advertising campaign — for a lifestyle we, as a Christian organization, believe to be biblically wrong. (The ad featured a lesbian couple with their adopted child.)"
While I personally find this reasoning bigoted and ignorant, it's certainly his right to move the organization's money wherever he likes. But shouldn't this decision apply to all of the finances of Samaritan's Purse and the Billy Graham organization?

I decided to do some research to figure out who the 401(k) provider was for both Samaritan's Purse and the Billy Graham Evangelical Association. It turns out both organizations use The Principal (Principal Financial Group) according to Brightscope.com. You can check it out for yourself here. Keep in mind that this data may not be fresh, the source Brightscope utilizes may be up to two years old, which means that in fact both organizations may have made a switch in the past two years (I did not call to inquire...so keep that in mind).

If in fact The Principal is still the 401(k) provider I think Franklin has a decision to make.

In April of 2014 The Principal joined with the "It Gets Better Project" to put together a video about some of their employees who happen to be gay, lesbian and transgender. The video is below and the this link will take you to the page about the video and the project, it's very touching and The Principal clearly wants the world to know it cares about the LGBT community. I applaud The Principal for this project, it's clearly a priority to acknowledge and make their employees and customers who are LGBT feel safe and comfortable.


The Principal is not just "gay friendly", which evidently Graham is ok with, but it is a company that proudly promotes the fact that they are inclusive. They've done this in a national campaign (if It Get's Better isn't a national campaign, what is?).

According to Graham's own op-ed, this national campaign is publicly advocating for the LGBT lifestyle, not merely being "friendly." Thus, according to Graham's own logic, he needs to look for a new 401(k) provider.

Will Franklin Graham move the 401(k) plans for Samaritan's Purse and Billy Graham from The Principal to a record-keeper who is simply "gay-friendly" in order to be consistent? If so, what record-keeper out there is proud to be only "gay-friendly"? I certainly wouldn't want to be the record-keeper Graham settles on.

Put your money where your mouth is Franklin - if the 401(k) is still with The Principal, go ahead and punish them for doing the right thing, move the money. 

Scott Dauenhauer

P.S. I would hate to see The Principal lose revenue if Graham does decide to continue down this bigoted and ignorant path, so please consider them the next time you are reviewing your 401(k) provider. This is not an endorsement, just make sure you take a look at The Principal.


Tuesday, April 28, 2015

Senator Warren Launches Investigation of Rewards and Incentives Offered to Annuities Dealers Advising Retirees

For almost two decades I've written (see here and here) and railed against the standard industry practice of rewarding those who sell annuities with special trips, bonuses or other perks in addition to what sometimes are outrageous commissions.

This undisclosed conflict of interest hurts annuities, hurts the reputation of the good insurance agents and most importantly hurts the purchasers of these products. If an annuity product is good for a client, it doesn't need to come with extra perks to sell it. Finally, someone in Congress is listening to what we've been saying.

The full press release is below:

Questionable practices highlight the need for a strong conflict-of-interest rule for retirement advisors
WASHINGTON, DC - In letters sent to 15 of the country's largest annuity providers today, United States Senator Elizabeth Warren raised concerns about the rewards and incentives these companies offer to brokers and dealers who sell annuities to families and small investors. The letter explains that "annuity providers offer a vast range of perks - from cruises to international travel to iPads to diamond-encrusted ‘NFL Super Bowl Style' rings to cash and stock options - to entice sales of their products."


"I am concerned that these incentives present a conflict of interest for agents and financial advisers that could result in these agents providing inadequate advice about annuities to investors and selling products that may not meet the retirement investment needs of their buyers," Senator Warren wrote. The Senator notes particular concern about the impact on individuals who are on the verge of retirement because they have little time or ability to recover potential losses from bad investments.  

The questionable practices identified in today's letters highlight the need for a strong conflict-of-interest rule from the U.S. Department of Labor (DOL) to protect retirees by requiring advisors to act in their clients' best interests. DOL released a proposed rule earlier this month. "Annuity agents that are more interested in earning perks than in acting in their clients' best interest can place Americans' savings and retirement security at risk," the Senator wrote.


Senator Warren today asked annuity providers for information about the incentives they offer, the number and value of the incentives awarded, and the companies' policies for disclosing these potential conflicts of interest. The letters were sent to the 15 companies with the highest 2014 U.S. individual annuity sales:  Jackson National Life, AIG Companies, Lincoln Financial Group, Allianz Life, TIAA-CREF, New York Life, Prudential Annuities, Transamerica, AXA USA, MetLife, Nationwide, Pacific Life, Forethought Annuity, RiverSource Life Insurance, and Security Benefit Life.

A PDF copy of the letters is available here. Examples of the kinds of incentives companies offer to annuities brokers and dealers is available here.
Unfortunately the DOL proposed Fiduciary rule would not apply to annuity sellers who service 403(b) plans.

Scott Dauenhauer, CFP, MPAS, AIF

Thursday, April 23, 2015