How Retirement Plan Providers Can Write Great Content.

Writing great content can get you clients and attention.

 
When I started at a law firm a few years back, my idea was to start a National practice that was devoted to ERISA and single employer retirement plans. The idea was that utilizing the law firm's existing clientele to cross sell my services would be a great way to jump start it and develop relationships with other plan providers. Thanks to law firm partners who didn't want to help, I decided that developing content in the form of articles and social media that a plan provider could use to maintain and develop their business would do the trick. The law firm had other ideas and so did I, so we thankfully parted ways. With the freedom of my own practice, I was able to develop content that helped retirement plan providers around the country produce results that helped me in the long run in developing a National ERISA practice that continues to grow. Retirement plan providers have had issues in developing content, so the purpose of this article is some tips on how retirement plan providers improve their marketing content, so it can help develop results.
  

To read the article, please click here.

Complacency for a TPA is bad business.

Patting yourself on the back isn't good for business either.

 

For me, one of the worst things that any business can have is a sense of a complacency; I have spent too many years working at places that were just way too complacent in their work, where so much time was devoted to proclaiming how everybody was so wonderful and so great. If I am so complacent in business where I think I'm so wonderful, I'm going to retire or ask someone to put me down like Old Yeller.

 

I don't think any retirement plan provider can afford to be complacent. The industry is consistently changing and any change breeds more competition.  Unless you're a payroll provider TPA or one of the large consulting companies like Buck or Towers Watson, you can't afford to hire a top-notch marketing firm. If you're like me, you weren't taught marketing in school. So when I say that TPAs as a whole have lousy marketing, it's not an insult because most professional firms have lousy marketing because of a lack of resources.  Heck, most law firms have lousy marketing and there are quite a few TPAs who have excellent marketing. As a whole, it needs improvement.

 

So when I say that TPAs as a whole have lousy marketing, I see it less as an insult and more of challenge for TPAs to get better at communicating with plan sponsor clients and potential clients. Just saying that a TPA can't do much because it's a competitive business and this is just how the business they chose to go into operates is just a lazy man's argument.

 

I decided long ago that I wanted to build a national ERISA practice, to work with plan sponsors, advisors, and TPAs around the country at a flat fee. I was surrounded by an attorney leadership who thought that my way was the wrong way and that is not how a law firm operates and markets itself. Of course, I went on my own and proved them wrong. I could have sat back and just written it off like Hyman Roth did in Godfather Part II by saying that this was the business I chose. If I did that, I'd hate to think where I would be now.

 

TPAs can just sit back and be bitter on how the TPA business has turned into, but bitterness and complacency don't get clients. Thinking outside the box, being bold and being creative goes a long way into getting clients. That's why I thoroughly enjoyed speaking at a panel of Great West TPAs because TPAs giving each other good bits of information to get more competitive. Sitting back and feeling sorry for yourself is a lot easier than doing something.\

The changing court view on "Fiduciary Status". 

It keeps on changing.

  

As a student of law and in practice over 15 years, I understand that litigation takes time and legal opinions also change over time.

 

Over 150 years ago, the Supreme Court claimed an African American did not have the right to sue in Federal Court in the dreaded Dred Scott decision. The Civil War and the Constitutional amendments changed that. 25 years ago, if people heard that homosexual couples wanted the right to be married, they would have laughed.  Laws and legal opinions changed over times.

 

The same can be said about retirement plan/ERISA litigation. When there was class action suits against plan sponsors and providers over fees and revenue sharing 12-15 years ago, plan participants would lose. Thanks to a down stock market and creative arguments by ERISA counsel, the tide against plan sponsors and providers are changing.

 

As of now, plan providers who offer fund menu lineups have typically won lawsuits where the participants' arguments were that the provider was a plan fiduciary (when contractually, it said otherwise). Well, that may be changing too.

 

In Connecticut, a Federal District Court ruled that ING is a plan fiduciary because it had the discretionary authority to substitute funds on their fund menus and that the revenue sharing they received from such investments was a prohibited transaction.  Whether ING exercised the discretionary authority or not was irrelevant for the Court. This decision may be an aberration to current and recent cases where providers in the capacity aren't held to be a fiduciary, but this maybe a new view that might be adopted by other Federal Courts in other jurisdictions. Time will tell whether Healthcare Strategies v. ING Life Insurance and Annuity Co. will have any teeth in the future as it may or may not go to trial.

 

Regardless, plan sponsors need to be more vigilant in the selection of plan providers and selection of plan investments.

The "Real World" on Changing TPAs.

When you make the TPA change, how the fired TPA treats a plan sponsors says everything.

 

Hard to believe but 20 years and 29 seasons later, The Real World is still airing on MTV. The Real World ends their opening intro with "to find out what happens... when people stop being polite... and start getting real." As an ERISA attorney working with retirement plan clients I often find that what determines a good third party administrator (TPA) from a bad one is when we find out what happens, when the TPA gets fired, and we start getting real.

 

TPAs get fired for a multiple of reasons and for a good chunk of the time, it's not for a lack of competence. TPAs can get fired for higher fees, change of advisors/brokers (who want to make the change), or because the brother of the law firm's partner works for the mutual fund company that will now be the new TPA. So it's business, not personal.

 

Again, it's easy to determine who the good TPAs are from the bad ones. The good TPAs will not take it personally and will try to make the transition to a new provider as seamless as it can be. I think reputation means everything and since it's such a close knit industry, making it easier for a former client to transition business away from you will only help your reputation. Also, there is always the chance that the former client maybe your client once again, especially if the new TPA fouls things up. I always believe in the concept of paying it forward, that making it easier for former clients to leave will only make it easier for new clients to come in. The good TPAs will also spell out in their original service agreement with the client, the exact cost (if, any) of the de-conversion when the TPA is replaced.

 

The bad ones are easy to spot out. They take things so personally and they feel the need to take out the frustration of being fired on the former client. Again, it's business, not personal. I had a client who changed TPAs a few years back. During the change to a new TPA, an IRS audit discovered that the Top Heavy test was done incorrectly because a couple of law firm partners were misidentified as non-key employees. Rather than admitting the error, the TPA placed blame on the client for the error and then whined that the client still did not pay all their invoices, forgetting that the client had spent thousands in legal representation to correct that Top Heavy error.

 

Divorce can be difficult, changing TPAs should not. I think it's important for TPAs to maintain a high level of professionalism, especially when it comes to the time when the TPA is being replaced because it's at those times that delineates the good TPAs from the bad ones.

Plan providers and meaningless statistics.

It's only meaningless when the provider has a bad statistic.

 

The Southern California Institute of Law has a bar passage rate of 7%, which means 93% of their graduates failed. They sued the California Bar on free speech grounds because they didn't want to be forced to state that 7% amount in their materials. According to the law school, the bar passage rate is a meaningless statistic.

 

Of course, the only people who claim a statistic is meaningless are those that don't do well in these statistics. Yes, I remember my issue with billable hours for law firm associates.

In the retirement plan industry, providers who don't do well in specific instances will just dismiss their poor placement or lot as something meaningless. I remember hearing a financial advisor who lost a plan sponsor client to fiduciary heavyweight James Holland that ERISA 3(38) fiduciary services is just marketing. How many providers dismiss their client retention rate or claim that fees aren't so important because they just want to hide the ball and/or the truth?

 

If a provider glosses over a specific statistic or dismisses a notion rather quickly, don't take their word for it and find out why. Maybe the statistic really isn't that meaningless and it's relevant. Just don't take the provider's word for it.

How am I Doing?
If you are a financial advisor, you can find out for $1,000 with the Retirement Plan Advisor Review.
 

So many financial advisors think they are meeting the needs of their clients in limiting the plan sponsor's liability under ERISA �404(c) for a participant directed 401(k) plan and aren't. This may be because they are not assisting their clients in the implementation of an investment policy statement or not providing enough education to plan participants. The problem is twofold, the financial advisors isn't doing their job while the plan sponsor is exposed to greater liability. A financial advisor not doing their job is likely to be replaced. Where can an advisor turn to, to make sure that they are doing their job and that the plan sponsor's liability is limited under ERISA �404(c)? Where can they get a review to make sure they are meeting the standards that plan sponsors need?

 

Look no further than the law firm dedicated to the flat fee, where I will review a financial advisor's practice, policies, and insurance policies to ensure that their practice meets the need of their clients in limiting the plan sponsor's liability. This review will cost $1,000. For further information, on this Retirement Plan Advisor Review, please contact me.

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The Rosenbaum Law Firm Advisors Advantage, September 2013
Vol. 4 No. 9
The Rosenbaum Law Firm P.C.
734 Franklin Avenue, Suite 302
Garden City, New York 11530
516-594-1557
Fax 516-368-3780

 Attorney Advertising.  Prior results do not guarantee similar results. Copyright 2010, The Rosenbaum Law Firm P.C. All rights reserved.