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(k)Plans:Blackout Blueprint

Post-Enron, blackout periods for vendor transitions are under scrutiny.

Post-Enron, blackout periods for vendor transitions are under scrutiny.

»  Putting Things Off
»  Avoiding Trouble
» 
Timing Is Everything

When Dick Corporation, a Pittsburgh-based general contractor and construction manager, decided last year to change recordkeepers for its 401(k) plan, it also decided to get employees directly involved and announce the change heavily in advance. It could not have picked a better time to adopt such a strategy.

Dick's $72 million plan, which has 1,000-some participants and no company stock option, switched to The Vanguard Group, Inc. as of January 1. Vanguard also manages the plan's 12 mutual funds. The blackout period when participants did not have access to their accounts lasted from December 20 to January 23, just as news stories revealed that many Enron Corporation employees saw their 401(k) balances plummet when the stock continued its nosedive during a lockdown.

The process of imposing a blackout when changing providers is getting a lot more attention these days. "The Enron situation has plastered it all over the popular press," says Patricia Pou, a Tampa-based principal at consultant William M. Mercer.

"Unless the problems are really bad," says Robyn Credico, eastern division defined contribution practice leader at Watson Wyatt Worldwide in Washington, "[plan sponsors] are thinking twice about changing providers."

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Putting Things Off

Moreover, many employers are putting off plans to make what, until recently, may have been considered routine provider changes, says Michael Barry, a Chicago-based attorney who heads the Plan Advisory Services Group.

Why did Dick Corporation's recordkeeping transfer go so smoothly? One reason, no doubt, was the lack of company stock in the plan, but Janet Love, senior vice president of human resources at Dick, pulls several lessons from her experience.

To harness their wide-ranging expertise, Dick gathered a group of 10 cross-functional employees from its five locations in Hawaii, Guam, Puerto Rico, and the mainland US to pick the new recordkeeper. After the group selected Vanguard last September, a Dick human resources manager became central coordinator of the conversion. "He became the point man," says Love, and spent a third to half of his time on the transition.

Another lesson, says Love: "You can never communicate too much. We did a lot of upfront communication, so I think our employees were fairly well educated going in." Dick announced plans to make the switch in spring 2001 in its employee newsletter, which it then used to update participants every couple of months. At their open enrollment benefits meetings in the fall, company officials offered more information about the transition and blackout period. Vanguard sent several mailers with details on topics such as new funds available and held informational sessions at all company sites.

Whether and how Washington will act on blackouts is not yet known. One attorney involved in a 401(k) lawsuit against Enron says he does not expect to see a big jump in new lawsuits, however. "I think most sponsors, fiduciaries, and directed trustees use common sense," says Eli Gottesdiener, principal at the Washington-based Gottesdiener Law Firm.

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Avoiding Trouble

Nevertheless, sponsors would be wise to proceed with caution. Credico says "it does not at all make sense" to push for a shorter lockdown period. "The transition needs to be communicated properly, and participants have to understand their new plan design, if any, and the new investment elections," she says. "In addition, the data and systems need to be structured properly-up front-or the data will never be correct. The last thing you need is a date in the wrong field that will miscalculate eligibility, vesting, etc."

Given that reality, how can plan sponsors avoid trouble during lockdowns? Credico offers some advice for employers with company stock in their 401(k)s.

Vendor changes typically happen at the end of a quarter, she says-just when companies' earnings are released, and the point when stocks may be most likely to fluctuate. If your 401(k) contains company stock, she says, try to coordinate the switch to happen at another time.

In addition, have a Plan B on tap in case the market suffers a major drop or your company's stock plummets, Credico advocates. "You most likely are going to want to have a contingency plan to potentially lift the blackout period," she says. "If you look at the Enron situation, they thought about lifting the blackout period and chose not to."

Beyond that, sources say, plan carefully to increase the odds that events will go smoothly once the transition begins and communicate often with participants. Recognize from the start how much employer effort a vendor transition requires, advises Pou. Employers often have "a false sense of security," she adds. "Many times, plan sponsors believe that, once they have selected a new recordkeeper and the new recordkeeper has a transition team in place, the new recordkeeper is going to handle everything." Sponsors may not realize the extent of the work involved.

Credico advises developing a clear project plan for the entire transition period, from new vendor selection to the lockdown's end-something she says many plan sponsors do not do. "Manage it like any kind of systems implementation," she advises. Elements in the project plan should include detailed timelines for such items as payroll changes, steps to be taken by the new vendor and the old vendor, and participant communications.

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Timing Is Everything

Consider timing. Skimping on the time allotted for the transition may mean skimping on steps such as data-transfer testing, Pou says, increasing the chance of snafus and a longer lockdown.

As Love learned, participant communication is key. Send an initial communication about a month in advance that discusses, in general, the enhancements to the plan and the time period involved for the blackout, suggests Jackie Cuthbert, an Atlanta-based principal at Mercer. A second notice should go out a couple of weeks before the lockdown, she says, providing details, including any new investment options that will become available plus any deadlines participants will need to know. Credico advises sending a note a week before the lockdown begins, recapping the upcoming highlights. In addition, get the word out when the lockdown ends, Cuthbert says, to let participants know that the system is back up and running.

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Judy Ward
editors@plansponsor.com

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