Senate Labor & Pensions Committee Issues Testimony From Bipartisan Policy Center
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Thank you for inviting me to testify today about the state of retirement security in America and where we go from here. It's terrific to see the committee focusing on this important issue in a bipartisan fashion.
My name is Shai Akabas, and I am the director of the
The primary focus for policymakers should be on Americans falling through the proverbial cracks. "Cracks" is an understatement when describing America's piecemeal retirement system--in reality, it has gaping holes crying out for reform. To bring the true promise of stability and security in retirement to all Americans,
My testimony will briefly summarize the current state of retirement preparedness, outline six broad areas where policy can improve today's retirement system, and then focus on several key solutions supported by BPC that primarily fall within this committee's jurisdiction. I'll conclude by discussing how retirement security has been a bipartisan issue in the past and can be moving forward.
I hope this discussion leaves you with the following takeaways:
1. Too many workers lack the ability to save in a workplace retirement plan--especially workers who are disadvantaged or employed at small businesses. Lawmakers can most effectively increase access by relaxing regulatory burdens that prevent small- and medium-sized businesses from starting retirement plans and by creating a nationwide minimum-coverage standard to harmonize the patchwork of rules being created at the state level.
2. Workers need emergency savings for short-term financial stability and to protect retirement savings from current spending needs.
3. Automatic enrollment and automatic escalation of employee contributions are critical features for retirement plans to incorporate. Widespread adoption will mean more savers and greater savings. Legislation that would increase the use of these features could significantly boost retirement outcomes.
4. Retirement security has been a standout area of working across party lines. This issue can and should remain bipartisan to most effectively help Americans meet their retirement goals.
The Retirement Security Challenge
A majority of Americans worry about running out of money in retirement, making it the nation's top financial concern.ii Recent trends have made building a secure retirement both more important and more challenging. In the past year, the COVID-19 pandemic and recession have caused millions of Americans to lose their jobs or suffer lower earnings, leading them to save less for retirement or to raid savings they had previously built. Even before COVID-19, rising health care costs have been eroding retirees' savings.iii The general trend of increasing life expectancy for most Americans is wonderful, but it creates a greater risk of outliving one's assets. With defined benefit pensions now a rare breed, most workers have been left to build retirement savings on their own. While some have done so successfully, many are falling behind.
A plurality of Americans say that their retirement savings are not on track, and the
The path to retirement security, however, is harder to reach for workers with low incomes, those without college degrees, people of color, and single women.viii These Americans are more likely to live paycheck to paycheck and struggle to find excess income that they can devote to long-term saving. Even when these workers can and want to save, they frequently do not have access to a workplace retirement plan. For instance, a recent BPC survey found that while nearly 90% of households making at least
Six Areas for Policy Focus
In 2016, BPC convened a bipartisan
Improve Access to and the Design of Workplace Retirement Savings Plans
Far and away the most common tool Americans use to save for retirement is a plan offered through an employer. Only two-thirds of workers in private businesses, however, have access to a workplace retirement plan, and among those with access, only three-quarters participate.x These two statistics mean only about half of private-sector workers are participating in an employer-sponsored retirement plan.xi
Underneath these averages, however, are significant differences by income, education, race, and employer size. For example, workers in the top income quartile are more than twice as likely (88% vs. 42%) as workers in the bottom quartile to be offered a workplace retirement plan.xii Meanwhile, small businesses often find that setting up retirement plans for their workers would cost too much and require navigating too much red tape. For example, nearly 60% of small- and medium-sized business that do not offer retirement plans attribute that decision to the expense of setting one up or the lack of resources to administer a plan.xiii Largely as a result, only 53% of workers at firms with fewer than 100 employees have access to a plan, compared to 83% of workers at firms with at least 100 employees.xiv
In general, people with low incomes, people without college degrees, people of color, workers at small businesses, and--especially--part-time, temporary, and seasonal workers are far less likely to have access to this crucial way to save for retirement. For example, among middle aged families, 65% of white households own at least one retirement account compared to 44% of Black and 28% of Hispanic households.xv
Even among workers with access to workplace retirement plans, many do not contribute enough or at all. The median balance in a 401(k)-type account is just
Alternatives to workplace defined contribution plans are far less common. Defined benefit pensions are dwindling, and although anyone can open an individual retirement account (IRA), few people save regularly into them. Only 28% of workers without current access to a workplace retirement plan report using other means to save for retirement, like an IRA or a 401(k) from a previous employer.xvii
Policymakers should focus on how to reform the dominant form of retirement saving in America--a defined contribution plan through one's employer--so that more workers can access it and those with access will be more likely to contribute to it.
It is worth briefly acknowledging two promising recent developments in coverage options:
1. Over the past few years, several states have begun rolling out so-called secure choice programs--state-facilitated retirement savings plans--that include a requirement for all employers above a certain size to provide their workers with the opportunity to save for retirement./1
Employers can sign up for the state plan or comply by adopting a privatesector alternative (such as a 401(k)). These state programs take the form of an auto-IRA, where businesses sign up and automatically enroll their employees (who can opt out at any time). More than 300,000 workers currently have an account, and that number is expected to grow significantly as existing rollouts continue and new states hop on the wagon.xviii
2. Legislation passed in 2019 opened the door to pooled employer plans (PEPs). These private-sector offerings pool assets from many different employers, thereby simplifying administration and potentially reducing per-participant costs for plan sponsors and employees alike. PEPs are in a nascent stage, and it will take some time to see how they are working, whether they are reducing costs, and how much new coverage they are creating versus replacing existing employer plans.
Closing the coverage gap warrants an all-of-the-above approach to reach different segments of the market. With state plans, PEPs, and innovative providers using turnkey approaches to reach small businesses all progressing, each can play a role. But while these developments are steps in the right direction, much work remains.
Promote Personal Savings for Short-Term Needs and Preserve Retirement Savings for Older
An essential part of that challenge--both in the present and the long term--is emergency savings. In the short term, emergency savings create a buffer that can prevent a sudden loss of income or unexpected expense from upending the rest of a household's financial life. Without liquid short-term savings, financial emergencies can force workers to suffer hardship like food insecurity, falling behind on rent or credit-card payments, or turning to expensive alternative financial services like payday loans.
Emergency savings also shield retirement savings from immediate spending demands.xx When workers without liquid savings face an urgent financial need, they often raid their retirement accounts. Retirement leakage is widespread: The limited data available show that for every
While emergency savings can protect against retirement leakage due to borrowing or withdrawals, two-thirds of all early distributions from retirement accounts happen when a worker changes jobs and cashes out their plan.xxii Indeed, somewhere between 10% and 20% of workers who otherwise save enough to maintain their standard of living in retirement end up with insufficient savings because of plan cash-outs when they changed jobs.xxiii Some workers may cash out their retirement accounts because they find it too burdensome to roll their plan over to a new job, and policymakers should focus on reforms to make plans easier to move from one employer to the next. Others, however, may cash out because they need to finance a gap in employment. Greater emergency savings would help in these cases.
Unfortunately, Americans are struggling to save for emergencies. Depending on the survey, 2540% of Americans say they have no emergency savings.xxiv Even those with savings often have very little: More than 40% of families have less than
Facilitate Lifetime-Income Options to Reduce the Risk of Outliving Savings Americans, on average, are living longer than ever before (despite recent minor setbacks). This trend is simultaneously an achievement to celebrate and a source of strain for the nation's retirement system. The average lifespan has increased much faster than the average retirement age, leaving older Americans with more years in retirement to finance.xxix Planning for a long retirement is challenging; uncertainty makes it even harder. No one knows how long they will live or what financial return their assets will earn. Moreover, some retirees will need long-term support services that can consume their savings: 17% of retirees will spend more than
These risks mean that policy must look beyond the accumulation of retirement assets toward the decumulation phase. Giving people a pot of money at retirement and then expecting them to figure out how to make it last is not the right answer. Aging Americans need guidance on how to distribute their assets to protect against the financial risk of an unexpectedly long life or unexpectedly high costs in retirement. And they also need the tools to do so. Plan sponsors are increasingly including options that help their participants handle their retirement assets.
Policymakers have similarly sought ways to help retirees convert their savings from a fixed sum that can run out to a lifetime stream of income. Reforms in the Setting Every Community Up for Retirement Enhancement (SECURE) Act commendably removed some regulatory uncertainty 7 that had been hovering over the annuitization of retirement savings.xxxi Policymakers can and should do more to facilitate a variety of retirement income options.
Facilitate the Use of Home Equity for Retirement Consumption
Americans own
The most important barrier to financing retirement with housing wealth, however, is housing debt. Over the past three decades, the share of households headed by someone aged 65 or older that have housing debt has doubled, from 15% to 32%.xxxv The debt burden has grown even faster: In inflation-adjusted dollars, the average housing debt of older households more than quadrupled from 1989 to 2016.xxxvi Mortgage debt is thus a growing obstacle to older Americans' ability to tap their home equity in retirement. The Tax Cuts and Jobs Act of 2017 eliminated the tax deduction for interest on home equity loans.xxxvii This change may help, and
Improve Financial Capability Among All Americans
The transition from defined benefit pensions to defined contribution retirement plans has forced workers to be largely responsible for their own retirement savings. Thus, understanding the basics of personal finance and knowing how to act on that information has become an essential tool for successful retirement planning. Workers not only need to decide how much to contribute to and how to manage their retirement plans, but also how to build healthy finances that support retirement savings--avoiding debt, building emergency savings, and claiming
8 It is therefore concerning that Americans demonstrate alarmingly low financial capability. The National Financial Capability Study asks respondents five basic but important questions to measure financial literacy--for example, testing understanding of compound interest, inflation, and portfolio diversification. The study finds that two-thirds of Americans fail to answer more than three of the five questions correctly and that this number has worsened over time.xxxviii Meanwhile, 401(k)-type plans require workers to decide how much to save for retirement, but fewer than one-third of workers have tried in the past two years to figure out how much retirement income will be needed.xxxix Perhaps the most effective way to help Americans make better financial decisions is to deliver just-in-time interventions that give workers clear and visible information or behavioral "nudges" when it is most helpful--at the moment they make an important decision. Opportunities include when a worker has the option to enroll in a retirement plan or when the option arises to convert savings to an annuity. For example, requiring workers to actively choose among several options for their retirement income would likely produce better outcomes than defaulting them into taking a lump sum of cash.xl
Strengthen
For decades,
This challenge is solvable. BPC's commission on retirement security proposed a series of bipartisan reforms that would extend
Righting
Key Policy Solutions
There is no silver bullet to America's retirement security challenge.
Reducing burdens on plan sponsors and advancing a national minimum coverage standard Many of the reforms recently enacted into law or under current consideration would be steps in the right direction for access and participation. Implementing these changes alone, however, is unlikely to achieve near-universal access to workplace retirement savings accounts. All workers should be able to easily save for retirement with every paycheck. To close the access gaps that are especially pervasive for workers from disadvantaged communities, a more aggressive approach is needed--both to minimize burdens on small and medium-sized plan sponsors and to require that the vast majority of employers are offering some type of retirement savings option to their workforce.
Most employers wishing to adopt a retirement plan today must accept the fiduciary responsibility that goes along with it. This means that they are legally required to act in the best interest of plan participants, prudently selecting and monitoring the provider of the plan to ensure that fees are reasonable, investments are appropriate, and contributions are being handled responsibly. For businesses with small or non-existent HR departments, this is a daunting task and one for which they are ill-equipped. External advisors can help, but they, of course, come with a cost.
Instead of pretending that smaller employers can effectively execute these obligations--and having them bear the cost of doing so--policymakers should rethink this equation. It would be naive to suggest that a simple solution exists; this is a thorny issue. Nonetheless, some combination of increased fiduciary responsibility from other private-sector entities and additional regulation and oversight from the
Several states have now enacted laws to require that employers automatically enroll workers in some form of retirement savings account, with more expected to follow.xlii Because each state has slightly different requirements, these state actions could frustrate efforts to implement a consistent employee-benefit policy for retirement across the country--one that provides workers with strong consumer protections while offering uniform regulation to employers, many of which conduct business in multiple states.
A nationwide minimum-coverage standard for all employers over a certain size would expand access to workplace retirement savings in a manner that would be less burdensome for businesses. The standard could take effect a few years down the road, once fiduciary responsibilities have been relaxed for some employers, and easy-to-adopt plan structures-- such as PEPs, state auto IRAs, and other simplified offerings--have permeated the system.
Workers who are automatically enrolled would always retain the ability to opt out. To eliminate overlapping regulations, this new standard should pre-empt the multitude of mandates emanating from the states.
Employers that prefer not to select a plan for their employees could simply forward contributions along with their payroll taxes. Those contributions would be separated and directed into one of several default plans. Providers could apply to serve as a default, either nationwide or in a particular region.
Modeling from the
Facilitating automatic enrollment into emergency savings accounts
Given the strong link between emergency preparedness and retirement security, what can we do to help people accumulate savings for short-term needs? There are strong lessons from the field of retirement savings. The first is to connect any solution to payroll deduction. When individuals are left to their own devices to proactively open their own IRA, few do so.xliv Moreover, saving requires the willpower to forgo spending for the present moment. This discipline is nearly impossible to summon with every paycheck, but automatic payroll deduction allows a worker to decide to save only once and then automate their desired behavior in the future. Thus, the second lesson is to erect an opt-out approach. When an employer facilitates a 401(k)-type plan and automatically enrolls employees, participation rates for new hires can rise above 90%.xlv
Interest in workplace emergency savings is accelerating. So is action.2 In 2019, the
Largely due to inertia, however, participation among workers in these emergency savings plans remains low, and further progress is tangled up in regulatory barriers.xlix Specifically, the law is unclear for employers that want to adopt automatic enrollment for these accounts. Employers need regulatory clarity with regard to the application of state wage garnishment laws and know your customer rules and permissible default investments./l Providing that clarity, as well as reasonable consumer protections, will open the doors to employer innovation, and with it, better savings outcomes.
Changes along these lines were last introduced as legislation during the 116th
The purpose of the legislation is to let employers experiment and refine their offerings--within reasonable regulatory guardrails--to figure out the best design for this relatively new tool. With emergency savings accounts just recently becoming more prevalent and the power of automatic enrollment potentially on the way, we should not presume to know what works best for employees or what employers will be inclined to offer. This flexibility, combined with a GAO study and outside researchers eager to measure impact, will help reveal the answers.
Perhaps most importantly, workers are saying they want to be offered this benefit. One survey found that 71% of respondents would likely contribute to an emergency savings account if offered.lii Another survey that BPC conducted with several partner organizations found that 42% of workers want to be automatically enrolled, including 57% of millennials and a majority of workers of color./3
These figures are significantly larger than the 22% who say they have access to an account through their employer today--none with automatic enrollment./4,liii
Emergency savings accounts are a critical tool in the evolution of retirement security policy.
People do not view their financial challenges in discrete silos--their situation is often dynamic and must be confronted holistically. For example, a recent study found that having emergency savings entering the COVID-19 pandemic not only improved people's ability to maintain their financial health, but also significantly reduced their likelihood of withdrawing from their retirement savings.liv A committed effort to dramatically boost emergency savings accounts could preserve retirement assets for the long term while also providing a cash buffer for those struggling to get by./5
Expanding automatic features in workplace retirement plans
As I mentioned earlier, automatic features have generally raised employee participation and saving levels at employers offering retirement plans. It is time to build on that success. Pending bipartisan legislation (discussed in the final section of this testimony) would require that most new workplace defined contribution retirement plans incorporate automatic enrollment and automatic escalation of employee contributions.lv This important reform could further boost participation and saving rates, particularly among workers in disadvantaged communities.
When combined with current law, however, the new policy would mean that most employers introducing 401(k)-type plans would either have to conduct complex nondiscrimination and top-heavy testing or make employer matching or non-elective contributions utilizing the current law safe harbor, thereby adding costs.lvi These rules may deter some--particularly small- and medium-sized--businesses from adopting a plan.
In order to draw more of them in, as well as incentivize existing employers to incorporate automatic features, a companion reform deserves serious consideration: The Retirement Security Flexibility Act, which was introduced in the last
The primary focus of policy in this area should be on making workplace retirement plans more available to workers and maximizing participation and adequate savings within those plans.
These two reforms, paired together, would increase access to and participation in welldesigned retirement savings plans at the workplace.
Need for Bipartisan Action
Translating innovative policy ideas to real-world impact requires the sustained attention of members of
Out of that reality, we launched the Funding Our Future initiative in 2018, in partnership with
Although the coalition does not take a stance on legislation, the effort strives to elevate the solutions available--at both the federal and state levels and within the private sector--to tackle these challenges. Three key goals representing the financial lifecycle are shared by all our partners: (1) make saving easier for Americans at all ages; (2) help them transform nest eggs into retirement income; and (3) ensure that
The function of our coalition is to highlight the gaps in our existing system, encourage more people to save, advance financial literacy, and promote solutions that ultimately improve financial security for all Americans as they age. We have been honored to collaborate with several members of
Indeed, in just the past few years,
The SECURE Act was a long time in the making, finally passing in 2019 with overwhelming support and countless congressional champions.lx It could not have happened without the hard work of many on this committee. The SECURE Act increased workplace retirement savings by reducing barriers for small businesses to offer retirement plans, expanded 401(k) coverage to more part-time workers, made lifetime income options easier to include in retirement plans, and paid for these changes by closing a tax loophole that benefitted those with large inheritances.
More progress came just last week, as under the leadership of Chairman
* Requiring automatic enrollment for most new workplace retirement plans,
* Increasing plan access for some long-term, part-time workers,
* Exempting many retirement savers from required minimum distributions, and
* Further facilitating lifetime income tools in retirement plans.
BPC hopes this promising bill will continue to be refined and improved as it advances toward passage. The prospect of legislation along these lines is strong in the
To make the retirement savings system more progressive and offset the cost of this change, a limit could be imposed on the tax preference for retirement savings once an individual has amassed a certain large sum in their account(s). Millionaires should be able to save as much of their income as they want, but at some point, other taxpayers need not continue subsidizing their wealth accumulation.
I want to conclude by thanking the Committee once again for convening this hearing.
Retirement security is a critical topic that is often overlooked, but with your continued leadership and bipartisan collaboration, further progress is possible this year. I look forward to your questions.
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Footnotes:
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1
2 The
3 Another 14% of the total say they are unsure about whether they would want to be automatically enrolled. What we know about auto-enroll is that many of those who are unsure will end up staying in the account. Any who do not want their savings in the account can always opt-out or transfer the funds.
4 Anecdotal evidence suggests the true share is lower. Emergency savings accounts are new and haven't been adopted widely, suggesting that respondents may not have learned to distinguish them from direct deposits into their checking accounts.
5 Field research shows that this "mental accounting" can make a significant difference in people's saving and spending habits: https://www.jstor.org/stable/23033462?seq=1.
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ii
iii
iv For shares believing their retirement savings are or are not on track, see:
v
vi
vii
viii
ix
x
xi
xii
xiii
xiv
xv
xvi
xvii
xviii
xix
xx
xxi
xxii
xxiii
xxiv For 25%, see:
xxv
xxvi For one-sixth statistic, see:
xxvii
xxviii
xxix
xxx
xxxi
xxxii For total home equity, see:
xxxiii Government Accountability Office, "Most Households Approaching Retirement Have Low Savings,"
xxxiv
xxxv
xxxvi
xxxvii
xxxviii National Financial Capability Study, "
xxxix
xl
xli
xlii
xliii
xliv
xlv
xlvi BlackRock, "
xlvii
xlviii For health, see:
xlix
l
li Retirement Security Flexibility Act of 2019, S. 1020, 116h Cong. (2019-2020).
lii
liii
liv
lv Securing a Strong Retirement Act of 2021, H.R. 2954, 117th
lvi
lvii Retirement Security Flexibility Act of 2019, S. 1020, 116th Cong. (2019-2020).
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