This weekend, the Boston Globe had an article on a change made to 401(k) investment plans during the Bush administration. The change enabled businesses to automatically enroll employees in the retirement plan ‘” employees would have to take action to opt-out. In addition, if the individual didn’t specify how to invest the funds, they would automatically be invested in stock-heavy funds. The Globe article estimates that 1-2 million workers were affected by the new law, and of course with the markets in a free fall, these employees have lost much of their initial investment.

This origin of this change was the Pension Protection Act of 2006. The Act changed many things about pensions and retirement accounts, including creating the default opt-in for 401(k)’s. It would seem to be a good idea ‘” to give a bit of a push to those folks who are reluctant to fund their retirement accounts, presumably out of procrastination or trepidation. The default investment was determined by ‘œSection 624(a) of the Pension Protection Act directed that such regulations provide guidance on the appropriateness of designating default investments that include a mix of asset classes consistent with capital preservation or long-term capital appreciation’¦‘ In other words, the default was a conservative investment. Fast forward to December 10, 2008 and the swift pen of the Joint Committee on Taxation, p. 12, relieved the restriction on default investments. Hmmm’¦ that was about 41 days before Obama took the reigns. D’ya think maybe there was just a wee bit of lobbying going on by the investment powerhouses?

I searched, but did not find the reference to requiring companies to make investments on behalf of employees in stocks instead of more conservative alternatives. I would be interested to find the source for the Boston Globe’s article. But it’s easy to see that if an investment company is allowed to direct the investments, they are probably going to choose a stock fund, with its higher expenses, over a simple money market fund, CD, or bond fund.

Which made me think, hey’¦ with all this talk about investment choices, why don’t more 401(k) plans offer index funds? They have much lower expense ratios and generally better track records than managed funds, if you consider the return after expenses. My employer’s 401(k) plan offers two index funds as a part of 27 investment options. While asset class is certainly important, doesn’t expense ratio deserve equal footing? And while big brother was demonstrating his concern for us, why not make the expense ratio one of the criteria for choosing the default investment.

Let me know. Does your employer include index funds in your 401(k) plan?