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Making a Difference - NAPFA

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nApFA Advis r<br />

mAgAZine<br />

<strong>Making</strong> a<br />

<strong>Difference</strong><br />

Susan John,<br />

Founder,<br />

Financial Focus, Inc.<br />

december 2012


Looking ARTIO for New Choices in Today’s<br />

Economic Environment?<br />

Artio Total Return Bond Fund (BJBGX • JBGIX)<br />

Purchases US and non-US investment grade securities, no high yield<br />

Artio Global High Income Fund (BJBHX • JHYIX)<br />

Global approach and includes “allied” asset classes<br />

Artio Emerging Markets Local Currency Debt Fund (AEFAX • AEFIX)<br />

Exposure to signifi cant and growing part of world economy<br />

877 77 ARTIO<br />

artioglobal.com/us/intermediaries • advisory.services@artioglobal.com<br />

The Funds’ investment objectives, risks, charges, expenses and other information are described in the prospectus which must be read<br />

and considered carefully before investing and may be obtained by calling 800 387 6977 or visiting www.artiofunds.com.<br />

Mutual fund investing involves risk. Principal loss is possible. Investments in debt securities typically decrease in value when interest rates rise. This risk is usually greater for longerterm<br />

debt securities. Investments in asset backed and mortgage backed securities include additional risks that investors should be aware of such as credit risk, prepayment risk,<br />

possible illiquidity and default, as well as increased susceptibility to adverse economic developments. Investing internationally involves additional risks such as currency fluctuations,<br />

currency devaluations, price volatility, social and economic instability, differing securities regulation and accounting standards, limited publicly available information, changes<br />

in taxation, periods of illiquidity and other factors. These risks are greater in the emerging markets and are fully disclosed in the prospectus. In order to achieve their respective<br />

investment goals and objectives, each Fund may invest in derivatives such as futures, options, and swaps. Derivatives involve risks different from, and in certain cases, greater than<br />

the risks presented by more traditional investments. These risks are fully disclosed in the prospectus.<br />

The securities in which the Artio Global High Income Fund and the Artio Emerging Markets Local Currency Debt Fund invests may be considered more speculative in nature and are sometimes<br />

known as “junk bonds”. These securities tend to offer higher yields than higher rated securities of comparable maturities because the historic financial condition of the issuers of<br />

these securities is usually not as strong as that of other issuers. High yield fixed income securities can present a greater risk of loss of income and principal than higher rated securities.<br />

Investors should understand that these Funds are not appropriate for short-term investment. The Artio Emerging Markets Local Currency Debt Fund is non-diversified, meaning it may<br />

concentrate its assets in fewer individual holdings than a diversified fund, and is more exposed to individual security volatility than a diversified fund. Investments in lower‐rated, nonrated<br />

and distressed securities present a greater risk of loss to principal and interest than higher‐rated securities. These risks are fully disclosed in the prospectus.<br />

Artio Global Investors Inc. is the indirect holding company for Artio Global Management LLC, the Adviser for the Artio Global Funds which are distributed by Quasar Distributors, LLC


1-800-642-7167<br />

Escrow Services<br />

Sunwest Trust, Inc acts as an<br />

impartial third party to keep<br />

record of payments, principal<br />

and interest, and also report to<br />

the IRS as required. We can<br />

provide you with an accurate<br />

and undesputable history of the<br />

payments made.<br />

Self-Directed IRAs<br />

Sunwest Trust acts as custodian<br />

for self-directed IRAs. If you’re<br />

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learn how you are eligible to<br />

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much more.<br />

Building on your Trust<br />

SunwestTrust.com<br />

Certiicate of Authority - No. 00027


educe plan costs<br />

with collective investment funds<br />

PARADIGM’S SMALL-CAP COLLECTIVE FUND<br />

IS DESIGNED FOR THE 401(K) MARKET<br />

Recent legislation is causing advisors and plan sponsors to<br />

review their fund line-ups to provide the best balance of<br />

performance, risk control, and cost.<br />

Institutional investment consultants have been using collective<br />

investment funds (CIFs) for years in the mega-plan market.<br />

Advantages include significantly reduced costs, less exposure<br />

to the volatility of retail client flows, and revenue-sharing<br />

agreements customized to fit your business model.<br />

These vehicles are now available on open-architecture platforms<br />

for qualified plans of all sizes.<br />

www.paradigmcapital.com<br />

Supporting the mission of <strong>NAPFA</strong> since 2007.<br />

NEW<br />

paradigm value<br />

collective fund r †<br />

(41023v819)<br />

Total Expense Ratio: 0.98%<br />

paradigm value fund<br />

(pvfax)<br />

Four-star Small-Cap Blend fund<br />

Rated four stars by Morningstar<br />

Total Expense Ratio: 1.51%<br />

Ranking as of 8/31/12<br />

The Paradigm Value Fund strategy<br />

seeks to provide true small-cap exposure<br />

in a moderately concentrated portfolio.<br />

The strategy has a history of lower<br />

volatility than peers and the benchmark<br />

Russell 2000 Value.<br />

Contact Gordon Sacks,<br />

Director, Mutual Funds<br />

at 518-431-3261 or<br />

gsacks@paradigmcapital.com<br />

†<br />

The Paradigm Value Collective Fund is only<br />

available to eligible retirement plans.<br />

The Paradigm Value Collective Fund is a collective investment fund (“CIF”) created by the Hand Composite Employee Benefit Trust and<br />

sponsored by Hand Benefits & Trust Company, a BPAS Company, that invest in the strategies of Paradigm Capital Management, which serves<br />

as the sub-advisor to the CIF. For funds with at least a three-year history, Morningstar calculates a Morningstar Rating based on a Morningstar<br />

Risk-Adjusted Return measure that accounts for variation in a fund’s monthly performance (including the effects of sales charges, loads, and redemption<br />

fees), placing more emphasis on downward variations and rewarding consistent performance. The top 10% of funds in each category receive 5 stars,<br />

the next 22.5% receive 4 stars, the next 35% receive 3 stars, the next 22.5% receive 2 stars and the bottom 10% receive 1 star. An overall<br />

rating for a fund is derived from a weighted average of the performance figures associated with its 3-, 5-, and 10-year (if applicable) Morningstar<br />

Rating Metrics as of the date stated. For funds with at least a three-year history, Morningstar calculates a Morningstar Rating TM based on a<br />

Morningstar Risk-Adjusted Return measure that accounts for variation in a fund’s monthly performance (including the effects of sales charges,<br />

loads, and redemption fees), placing more emphasis on downward variations and rewarding consistent performance. The top 10% of funds in<br />

each category receive 5 stars, the next 22.5% receive 4 stars, the next 35% receive 3 stars, the next 22.5% receive 2 stars and the bottom 10%<br />

receive 1 star. An overall rating for a fund is derived from a weighted average of the performance figures associated with its 3-, 5-, and 10-year<br />

(if applicable) Morningstar Rating Metrics as of the date stated.<br />

Consider the investment objectives, risks, charges, and expenses of each Paradigm Fund carefully before investing. The prospectus and the<br />

statement of additional information contain this and other information about the Funds and are available by calling 800-239-0732. Please read<br />

the prospectus and statement of additional information carefully before investing.<br />

As of 8/31/2012 the number of funds in the Small-Cap Blend category tracked by Morningstar was 588 for the 3 year period and Overall<br />

Ranking, and 510 for the 5 year period. As of 8/31/2012 Paradigm Value Fund did not have a 10 year rating. Not FDIC-Insured. May Lose<br />

Value. No Bank Guarantee. Distributor: Rafferty Capital Markets, LLC.<br />

2 nApFA Advisor deCember 2012


From the editor<br />

do You do groupon?<br />

nApFA ContACt inFormAtion<br />

3250 n. Arlington heights road, suite 109<br />

Arlington heights, iL 60004<br />

800.366.2732 • 847.483.5400<br />

info@napfa.org www.napfa.org<br />

FAX: 847.483.5415<br />

If you’re a consumer and have spent any time<br />

online in the last two years, you’ve become<br />

aware of the array of discount-certificate services<br />

that have emerged. Groupon and LivingSocial are<br />

probably the two biggest vendors, but there are<br />

scores of competitors, each delivering e-mails of<br />

tantalizingly deep discounts for food, products,<br />

services, travel, and much more.<br />

I’ve been seduced into purchasing a number of these products<br />

and services, and I’ve been satisfied with the results. I haven’t had<br />

a single problem with a merchant refusing to honor my coupon,<br />

and I haven’t piled up so many that I couldn’t use them before their<br />

expiration dates. Still, I wondered whether the time I spent looking at<br />

the offers was worthwhile.<br />

Each of the vendors I’ve used keeps online records for at least<br />

a year. With a few clicks, I was able to come up with this tally:<br />

24 purchases for a total of $1,773. My purchases included several<br />

restaurants, two hotel visits, a rug, and numerous tickets to sporting<br />

events, theater, and movies.<br />

The purchases of $1,773 were “worth” a total of $3,610 to me.<br />

That’s the face value of the coupons that I redeemed, or a savings of<br />

slightly more than 50 percent. In most cases, I think the redeemed<br />

value is accurate. For example, a $50 voucher at a restaurant<br />

(purchased for $25) is really worth $50. On the other hand, a halfprice<br />

room voucher at a hotel with a published rate of $280 is<br />

probably worth less than that because I would have been able to get<br />

some type of discount through some other means.<br />

So, I’m happy. But are the merchants happy? Frustration by<br />

“partners” of the coupon companies has attracted a lot of attention this<br />

year. Merchants say that they get a flood of price-oriented, one-time<br />

customers, rather than attract genuine long-term prospects.<br />

All of this made me think about what would happen if a <strong>NAPFA</strong><br />

member offered a Groupon deal for a comprehensive financial plan<br />

or on hourly advice. Could an advisor deal with an influx of 30 new<br />

clients? Would the firm want to serve those bargain shoppers?<br />

Many advisors who charge an asset-based fee say that financial<br />

plans are loss leaders. If that’s true, then selling the loss leader for<br />

$750 instead of $1,500 isn’t a huge problem. The bigger risk is<br />

attracting clients with few assets to manage, and for whom doing a<br />

plan will not lead to a long-term engagement. But I see silver linings.<br />

An advisor could do a simple plan without implementation of the<br />

recommendations; he’d be helping someone who needs financial<br />

advice and spreading the word about Fee-Only planning. In addition,<br />

those plans would be a great way to train a junior advisor.<br />

For an hourly advisor, three hours at a discounted rate seems like<br />

a great way to find prospects—though it, too, would attract some folks<br />

who would balk at paying the full market rate for additional advice.<br />

Frankly, I’m surprised that Ameriprise or another national-brand<br />

broker has not tested the market. I’d even consider doing it if I were a<br />

<strong>NAPFA</strong> member.<br />

CEO<br />

Ellen Turf turfe@napfa.org<br />

stAFF<br />

Business Development and Membership<br />

Nancy Hradsky hradskyn@napfa.org<br />

Accounting<br />

Laura Maddalone maddalonel@napfa.org<br />

Professional Growth and Education<br />

Robin Gemeinhardt gemeinhardtr@napfa.org<br />

Public Policy and Advocacy<br />

Karen Nystrom nystromk@napfa.org<br />

Executive Assistant to CEO<br />

Mardi Lee leem@napfa.org<br />

Membership<br />

Kristen Vanderploeg vanderploegk@napfa.org<br />

Membership Assistant<br />

Cindy Ganze ganzec@napfa.org<br />

Education Assistant<br />

Rachel Gusek gusekr@napfa.org<br />

Administration<br />

Cassie Cabana cabanac@napfa.org<br />

Consultants<br />

Communications<br />

Benjamin Lewis 301.963.7555 ben@bdlpr.com<br />

<strong>NAPFA</strong> Advisor Managing Editor<br />

Kevin Adler 301.270.2839 kevinadler13@gmail.com<br />

Publisher and Director of Magazine Operations<br />

Eric Haines 732.920.4236 ric.haines@erhassoc.com<br />

<strong>NAPFA</strong> Advisor Production<br />

Eric Georgevich ericgeorgevich@gmail.com<br />

<strong>NAPFA</strong> Advisor Editorial Assistant<br />

Christopher Hale cghale@gmail.com<br />

nApFA Consumer<br />

education Foundation<br />

NCEF Coordinator<br />

Lisa Lenczewski lisal@napfa.org<br />

The <strong>NAPFA</strong> Advisor Magazine issue #12 December 2012 is published<br />

monthly for $85.00 per year by The National Association of Personal Financial<br />

Advisors, 3250 North Arlington Heights Road, Suite 109, Arlington Heights, IL<br />

60004. USPS number 024-735. Periodicals Postage Paid at Arlington Heights,<br />

IL, and additional entry office in Schaumburg and Palatine, IL. Postmaster: Send<br />

address changes to The <strong>NAPFA</strong> Advisor Magazine, 3250 North Arlington Heights<br />

Road, Suite 109, Arlington Heights, IL 60004.<br />

From time to time, <strong>NAPFA</strong> Advisor publishes articles on technical subjects.<br />

<strong>NAPFA</strong> makes no representation as to the accuracy or timeliness of such advice.<br />

Submissions are encouraged but will be edited and published at the discretion of<br />

the editor and/or Board of Directors. All materials should be e-mailed to Kevin<br />

Adler at kevinadler13@gmail.com. Unsolicited material cannot be returned unless<br />

accompanied by a stamped, self-addressed envelope.<br />

<strong>NAPFA</strong> and <strong>NAPFA</strong> Advisor do not guarantee or endorse any product or<br />

service advertised in the <strong>NAPFA</strong> Advisor.<br />

nApFA Advisor deCember 2012 3


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Working successfully with <strong>NAPFA</strong><br />

members and their clients since 1983.<br />

4<br />

nApFA Advisor deCember 2012


table of Contents<br />

december 2012 vol. 29, issue 12<br />

<strong>NAPFA</strong> East Conference. Benefit<br />

from the wisdom of Warren Buffett,<br />

John Bogle, and others in our summary<br />

of major investment sessions from the<br />

2012 <strong>NAPFA</strong> East Conference.<br />

Pages 14-17.<br />

Profile: Susan John. Our monthly<br />

Practice Profile looks Susan John’s<br />

career achievements and influence<br />

on <strong>NAPFA</strong> and the financial planning<br />

industry. Pages 22-25.<br />

Dementia. Columnist Linda Leitz<br />

offers tips about judging whether clients<br />

are losing mental capacity and how<br />

advisors can intervene. Pages 26-28.<br />

departments<br />

Keeping Up with nApFA 8<br />

eye on... Social Engagement 34<br />

in the Limelight 36<br />

Features<br />

staying in the game 10<br />

It's About Time<br />

nApFA east 2012 14<br />

Investing Ideas and Concerns Emerge<br />

Financial planning 18<br />

GAO Report Highlights<br />

Women’s Retirement Struggles<br />

practice profile: 22<br />

Susan John, CFP ®<br />

insurance planning 30<br />

Understanding the Tax Impact of<br />

Employer-Owned Life Insurance<br />

Permission to Spend<br />

By Alan Moore, CFP ® , MS<br />

What if you told your clients that having a financial<br />

plan can actually give them permission to spend money?<br />

Many clients are afraid they aren’t saving enough for<br />

their future. They live in fear that every dollar being spent<br />

today is a dollar they may need down the road to help<br />

fund their kids’ college educations, retirement, and health<br />

care. The reason they have this fear is because they don’t<br />

know how much they need to set aside for their financial<br />

goals. When they do spend money, there can be a lot of<br />

guilt about it.<br />

Having a financial plan can help them know how<br />

much they need to save in order to meet their financial<br />

goals, and gives them permission to spend the rest!<br />

Based on an article on figuide.com.<br />

Columns<br />

message from the editor 3<br />

Do You Do Groupon?<br />

Letter from the Chair 6<br />

’Twas a Month...<br />

practice made perfect 26<br />

When Do Clients’ Poor Decisions<br />

Signal Bigger Problems?<br />

nApFA Advisor deCember 2012 5


Lauren Locker, nApFA Chair<br />

’twas a month...<br />

nApFA's mission stAtement<br />

To promote the public interest by advancing the financial<br />

planning profession and supporting our members consistent with<br />

our core values.<br />

Core vALUes<br />

• Competency: Requiring the highest standards of proficiency<br />

in the industry.<br />

• Comprehensive: Practicing a holistic approach to financial<br />

planning.<br />

• Compensation: Using a Fee-Only model that facilitates<br />

objective advice.<br />

• Client-centered: Committing to a fiduciary relationship that<br />

ensures the client’s interest is always paramount.<br />

• Complete Disclosure: Providing an explanation of fees and<br />

potential conflicts of interest.<br />

'Twas a month 'til inauguration<br />

And all through the House<br />

Not a committee was stirring<br />

They’d all stopped to grouse<br />

With Dodd-Frank they had fiddled<br />

But nary a vote<br />

Was scheduled for action<br />

“Why bother?” they’d gloat<br />

“Let’s leave it for others,<br />

We’re lame ducks and small<br />

We needn’t stick heads out<br />

On this one at all”<br />

And so it lay dormant<br />

This significant bill<br />

We don’t know which way<br />

Things will go on the Hill<br />

In the new Congress starting<br />

When New Year’s does pass<br />

We’re all left to wonder<br />

Will FINRA surpass<br />

The old SEC<br />

As our fine regulator<br />

We must call our reps on this<br />

Sooner than later<br />

Don’t wait too long<br />

To express your concern<br />

If things go awry<br />

We all stand to burn<br />

For FINRA can set<br />

Any fees that they choose<br />

Small firms and large<br />

Should react to that news<br />

So gather your ammo<br />

Read up and get smart,<br />

We all need to keep<br />

This theme close to our heart<br />

The new folks in Senate<br />

Chambers can sway<br />

The whole Congress body<br />

Into thinking our way<br />

We don't need SRO powers<br />

We need bipartisan aids<br />

The old filibusters<br />

Must be banished in spades<br />

As FINRA gets ready<br />

To charge in and holler<br />

At <strong>NAPFA</strong> we gather<br />

Our most eloquent power<br />

We lobby and fight<br />

For the fiduciary stand<br />

So that client-first service<br />

Becomes law in this land<br />

Cringe if you must<br />

Over rhyme that is lame<br />

But please pay attention<br />

To this just the same<br />

And I will exclaim<br />

As a new year is in sight<br />

“FINRA is not for us<br />

We are up for the fight!”<br />

vision<br />

The public recognizes that <strong>NAPFA</strong> advocates the highest<br />

standards for personal financial planning and that <strong>NAPFA</strong>-<br />

Registered Financial Advisors are the trusted advisors of choice.<br />

boArd oF direCtors<br />

Chair<br />

Lauren Locker, CFP ®<br />

Little Falls, NJ<br />

lauren.locker@napfa.org<br />

CEO<br />

Ellen Turf<br />

847.483.5400 x101<br />

turfe@napfa.org<br />

Giles Almond, CFP ® , CPA/PFS<br />

Charlotte, NC<br />

giles.almond@napfa.org<br />

Cheryl Costa, CFP ®<br />

Framingham, MA<br />

cheryl.costa@napfa.org<br />

Dr. Raymond Forgue<br />

Easley, SC<br />

ray.forgue@napfa.org<br />

Robert Gerstemeier, CFP ®<br />

Loveland, OH<br />

bob.gerstemeier@napfa.org<br />

Linda Leitz, CFP ®<br />

Colorado Springs, CO<br />

linda.leitz@napfa.org<br />

Mary Malgoire, CFP ® , MBA<br />

Bethesda, MD<br />

mary.malgoire@napfa.org<br />

Carolyn McClanahan, M.D., CFP ®<br />

Jacksonville, FL<br />

carolyn.mcclanahan@napfa.org<br />

Tony Ogorek, Ed.D., CFP ®<br />

Williamsville, NY<br />

tony.ogorek@napfa.org<br />

6<br />

nApFA Advisor deCember 2012<br />

Dana Pingenot, CFP ®<br />

Dallas, TX<br />

dana.pingenot@napfa.org<br />

SEPTEMBER 2006 <strong>NAPFA</strong> ADVISOR


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nApFA Advisor deCember 2012 7


Keeping Up With <strong>NAPFA</strong><br />

<strong>NAPFA</strong> Adopts<br />

CFP® Requirement<br />

Effective on Jan. 1, 2013, <strong>NAPFA</strong><br />

will make the CFP ® designation the<br />

only qualifying mark for advisors who<br />

are applying for new membership as a<br />

<strong>NAPFA</strong>-Registered Financial Advisor.<br />

The decision was made after more than<br />

two years of discussion and a membership<br />

comment period conducted in November<br />

2012, which indicated strong support for<br />

the new policy.<br />

“The <strong>NAPFA</strong> National Board and<br />

Public Policy Committee recognized that<br />

our emerging profession has reached<br />

a point where we must rally around<br />

a singular professional designation,”<br />

said <strong>NAPFA</strong> in a press statement. “Our<br />

support of the CFP ® designation as the<br />

standard for financial planning will be a<br />

catalyst in pushing the recognition of this<br />

profession forward.”<br />

Members in good standing who have<br />

other designations, but not a CFP ® , will be<br />

grandfathered in to the organization. The<br />

Board also noted that “the vast majority”<br />

of members already are CFPs and that<br />

since 2010, when the issue was first<br />

raised, new applications for membership<br />

have come virtually exclusively from<br />

professionals with CFP designations or<br />

who are planning to earn a CFP.<br />

<strong>NAPFA</strong> Sets Dates for<br />

Two Conferences in 2013<br />

In 2013, <strong>NAPFA</strong> will sponsor two<br />

major conferences, replacing its past<br />

programming of one major conference<br />

in the spring and two or more region<br />

conferences in the fall. The new structure<br />

reflects <strong>NAPFA</strong>’s plan to focus its efforts<br />

on fewer events with greater impact and<br />

scope, said Tony Ogorek, a <strong>NAPFA</strong> board<br />

member.<br />

The spring conference will be held<br />

on May 7-10 in Las Vegas, and the fall<br />

conference will be held on Oct. 8-11 in<br />

Philadelphia.<br />

<strong>NAPFA</strong>’s Education Committee is<br />

evaluating how and when to produce<br />

another virtual conference, building<br />

on the success of the Forbes-<strong>NAPFA</strong><br />

Advisor iConference, which was held in<br />

August 2012.<br />

<strong>NAPFA</strong> Seeks Nominees<br />

for 2013 Awards<br />

<strong>NAPFA</strong> is now seeking nominations<br />

for its three awards: Robert J. Underwood<br />

Distinguished Service Award, <strong>NAPFA</strong><br />

Special Achievement Award, and <strong>NAPFA</strong><br />

Special Membership Award.<br />

All <strong>NAPFA</strong> members are eligible<br />

to nominate candidates by going to<br />

<strong>NAPFA</strong>’s website and clicking on the<br />

link for the awards. An online nomination<br />

form is available, and the deadline is Jan.<br />

11, 2013. “It takes only a few minutes<br />

to make a nomination, and you will be<br />

showing a colleague how much you value<br />

his or her input to the organization,” said<br />

Ellen Turf, <strong>NAPFA</strong> CEO.<br />

Last year’s winners were Linda<br />

Gadkowski (Membership), Brooksley<br />

Born (<strong>NAPFA</strong> Special Achievement),<br />

and Ellen Turf (Underwood Special<br />

Achievement). This year’s winners will<br />

be announced at the Spring Conference in<br />

May in Las Vegas.<br />

Paul Baumbach Elected<br />

to Delaware Legislature<br />

<strong>NAPFA</strong> member Paul Baumbach<br />

was elected to the Delaware General<br />

Assembly on Nov. 6, winning his first<br />

election with 57.3 percent of the vote.<br />

Long active in the state’s Democratic<br />

Party,<br />

Baumbach<br />

will represent<br />

District 23,<br />

which includes<br />

a significant part<br />

of Newark, the<br />

state’s secondlargest<br />

city.<br />

“I’m driven to have an impact in<br />

the state and in my community,” said<br />

Baumbach, who has been president of<br />

Progressive Democrats of Delaware and<br />

is on the boards of Equality Delaware and<br />

the Newark Housing Authority. “I have<br />

passions and skills that I felt were wellsuited<br />

for the job.”<br />

Indeed, Baumbach said that he found<br />

campaigning had some similarities to<br />

being a financial advisor. “Going doorto-door<br />

on a campaign and asking people<br />

what issues matter to them is not that<br />

different from asking a client about his<br />

goals,” said Baumbach. “Then, when<br />

the client or the voter responds, you<br />

have to be able to think on your feet and<br />

understand their issues. You have to be a<br />

great listener, just like an advisor.”<br />

Delaware’s legislature meets three<br />

days per week for the first half of each<br />

year, and one of its key responsibilities is<br />

passing the state’s annual budget, which<br />

is first proposed by Delaware’s governor.<br />

As a new legislator, Baumbach said that<br />

his input on budget discussions will<br />

likely be minimal this year, but he hopes<br />

to utilize his financial skills in that area<br />

in the future.<br />

Still, even as a part-time legislator,<br />

Baumbach will have to scale back to<br />

80-percent time in the office, or less.<br />

“I promoted Susan Lehnard in our<br />

firm to head of financial planning,<br />

and she will take the lead on some of<br />

our work,” he said. “Also, I intend<br />

to do a lot of my constituent work on<br />

nights and weekends, just like I did my<br />

campaigning.”<br />

8<br />

Napfa Advisor DECember 2012


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Napfa Advisor DECEmber 2012 9


Staying in the Game<br />

By Richard Sincere<br />

It's about Time<br />

I’ve been thinking about time a<br />

lot lately. Spurred by the passing<br />

away of a close friend, discussions<br />

with advisor friends about succession<br />

planning, and strategically watching<br />

how some people use time as a<br />

non-verbal message, it has been an<br />

interesting exercise.<br />

One of the first attorneys I worked<br />

with in my corporate life, Ann, was a<br />

master at using and manipulating time.<br />

As a young pup in the corporate world,<br />

I would rush if someone from outside<br />

the corporation told me they needed<br />

something immediately. One day, Ann<br />

took me aside and told me that making<br />

someone wait was okay and that it put<br />

you in a position of power. After that, I<br />

never really worried if I made someone<br />

wait. And if they made me wait, that was<br />

okay, too—whatever floated their boat.<br />

In the military, the sense of<br />

obligation to time can be quite the<br />

opposite. During a boot camp mission,<br />

you would be physically penalized<br />

if your group wasn’t at the assigned<br />

location on time. Many push-ups and<br />

laps have been performed in the interest<br />

of promptness.<br />

Punishment in different forms<br />

certainly carries over into the corporate<br />

world. For example, managers use<br />

nonverbal shaming of late arrivals to<br />

meetings by not acknowledging that the<br />

laggards are even in the room. Some of<br />

my mentors were incredibly talented at<br />

making a subordinate feel that he or she<br />

didn’t exist after coming late. I quickly<br />

learned to be at a meeting first, and the<br />

corollary was to be sure not to be last<br />

unless you were the most important<br />

person in the meeting.<br />

A twist on manipulating time that<br />

I recently saw in the corporate world<br />

may become my new favorite. Whoever<br />

schedules the meeting announces at the<br />

last minute (about an hour or two before<br />

the original meeting time) that it will<br />

begin 15 to 30 minutes earlier than the<br />

original time. This causes everyone to<br />

change their schedules to make sure that<br />

they’re not last to arrive—unless, of<br />

course, they decide not to participate in<br />

the “game.” Then, this could backfire.<br />

Building the<br />

Next Gener ation<br />

While I muse over these short-term,<br />

political time games, one day you will<br />

wake up and realize that your personal<br />

clock is getting shorter. Hopefully, this<br />

isn’t a result of an illness, but simply<br />

the realization that there are only so<br />

many years left that you can work.<br />

My uncle was an extremely successful<br />

entrepreneur, and he once told me the<br />

worst work-related mistake he ever<br />

made was retiring at 65. But even if you<br />

push your retirement age out to 70, it<br />

still isn’t that distant for many of us.<br />

It seems everyone is talking about<br />

retirement—their clients’ and their<br />

own—at every conference and meeting<br />

I attend. How many years do we have to<br />

prepare for this inevitability?<br />

<strong>Making</strong> someone<br />

wait is okay, and<br />

it can put you in a<br />

position of power.<br />

After realizing<br />

that, I never really<br />

worried if I made<br />

someone wait. And<br />

if they made me<br />

wait, that was okay,<br />

too—whatever<br />

floated their boat.<br />

It also seems to me that the most<br />

difficult issues are trying to determine:<br />

1) how each of your employees will<br />

mature, and 2) the likelihood that one<br />

of them will be ready to take the helm<br />

in five to 10 years. This isn’t as hard to<br />

judge when you have people over 50<br />

years of age, rather than those only in<br />

their 20s or 30s who are still developing.<br />

Much of the development responsibility<br />

for young proteges falls on your<br />

shoulders as their employer, manager,<br />

and mentor.<br />

One way to develop your staff’s<br />

talent is to get a better understanding<br />

of their personalities and strengths.<br />

Personality testing and analysis can<br />

10<br />

Napfa Advisor DECember 2012


Staying in the Game<br />

be very helpful. Consultant Gayle<br />

Abbott has worked on those issues<br />

with one of the boards on which I sit,<br />

both by conducting sophisticated tests<br />

and then by providing a deep analysis<br />

of the results. More importantly, she<br />

has always been able to evaluate<br />

whether people will work effectively or<br />

ineffectively in a particular group.<br />

Another opportunity for developing<br />

employees is enrolling the best and<br />

brightest in targeted courses on<br />

leadership, organizational behavior,<br />

communications, etc. I think that<br />

<strong>NAPFA</strong> should create a conference that<br />

teaches those skills in the context of<br />

an advisory business. I would host it at<br />

a university, in the same way <strong>NAPFA</strong><br />

held the South Region Conference at<br />

Emory University for several years. We<br />

could bring professors from both the<br />

liberal arts and business school, and<br />

every subject would be targeted towards<br />

developing staff. This would be a nice<br />

change from sessions about trying to<br />

maximize the earnings ratio of the firm.<br />

These are just two examples of<br />

how we can re-think our use of time.<br />

Once someone takes the ball and starts<br />

developing conferences to help groom<br />

our staff for succeeding us in managing<br />

our businesses, then we can move on<br />

to the next fun thing: figuring out what<br />

we’re going to do when we finally grow<br />

out of our firm. We’ll have to find new<br />

things that keep us mentally engaged<br />

and physically in shape, but that’s an<br />

exciting challenge. Yes, the clock is<br />

ticking, but our lives should always be a<br />

race towards fulfillment.<br />

Richard Sincere is chairman and<br />

CEO of Sincere & Co., LLC, a <strong>NAPFA</strong><br />

Resource Partner company based in<br />

Chicago. He can be contacted by phone<br />

at 847.905.0225, or by e-mail at rs@<br />

sincereco.com. His company’s website is<br />

www.sincereco.com.<br />

<strong>NAPFA</strong> Continuing Education Events:<br />

JANUARY 2013<br />

Webinars<br />

Cutting Edge Webinar:<br />

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Potential & Pitfalls of Land, Loans, LLCs &<br />

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Presented by: Jack M. Callahan, JD, CFP®,<br />

Family Financial Fraud:<br />

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Member fee: $19. Non-members: $49.<br />

September<br />

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Napfa Advisor DECEmber 2012 11


Invest wisely.<br />

Performance Summary, cLaSS r SHareS (Sirrx)<br />

Sierra core retirement fund from incePtion 12/24/07 to 10/31/12<br />

Successful portfolio management involves both profiting from sustained uptrends — the past<br />

three years have all been part of the current rising cycle — and limiting drawdown during the<br />

adverse part of the cycle — which Sierra has also done very well for many years.<br />

Year-to-Date<br />

One Year<br />

As of 9/30/2012<br />

Latest Four Years Since Inception 12/24/2007<br />

Cumulative* Annualized Cumulative* Annualized<br />

Sierra core retirement<br />

fund class r (Sirrx)<br />

+5.84% +6.04% +54.10% +11.42% +49.28% +8.77%<br />

S & P 500* +16.44% +30.20% +34.77% +7.80% +8.20% +1.43%<br />

“Cumulative” performance from inception is the total increase in value of an investment in the Class R shares assuming<br />

reinvestment of dividends and capital gains distributions. The S&P 500 Index, a registered trademark of McGraw-Hill<br />

Co., Inc., is a market-capitalization-weighted index of 500 widely-held common stocks. Data here for the S&P includes<br />

dividends.<br />

The performance data quoted here represents past performance for Class R shares (symbol SIRRX), and are net of the total annual<br />

operating expenses of the Class R shares (see below). For performance numbers current to the most recent month end, please<br />

call toll-free 855-556-1295 or visit our website, SierraMutualFunds.com. Current performance may be lower or higher than the<br />

performance data quoted above. Past performance is no guarantee of future results. The investment return and principal value of an<br />

investment in the Fund will fluctuate, so that investors’ shares, when redeemed, may be worth more or less than their original cost.<br />

The total annual operating expenses including expenses of the underlying funds (estimated at 0.69% per year) are 2.34% for Class<br />

A and Class I, 2.49% for Class A1 and Class I1, 3.09% for Class C, and 2.09% for Class R. Please review the Fund’s prospectus for<br />

more information regarding the Fund’s fees and expenses.<br />

12<br />

Napfa Advisor DECember 2012


aSSet aLLocation aS of octoBer 31, 2012*<br />

High yield corporate<br />

Bond funds<br />

10%<br />

other<br />

Low-Volatility<br />

funds<br />

4%<br />

temporary<br />

Havens**<br />

9%<br />

other<br />

Bond funds<br />

53%<br />

municipal Bond<br />

funds<br />

24%<br />

*NOTE: Holdings can change at any time without notice. **Money Market & ultra short bond funds.<br />

The top ten holdings of the Sierra Core Fund as of the date above is among the extensive information included in a four-page Fact Sheet, which is<br />

updated at least quarterly and can be viewed and printed from our website, SierraMutualFunds.com<br />

Performance By Quarter, cLaSS r SHareS (Sirrx)<br />

Year Q1 Q2 Q3 Q4<br />

Calendar<br />

Year<br />

S&P 500<br />

w/divs<br />

2008 -0.88% +1.27% -3.51% +0.34% -2.82% -37.02%<br />

2009 -2.01% +20.12% +9.14% +1.82% +30.81% +26.49%<br />

2010 +3.61% +0.33% +3.89% +0.07% +8.07% +14.91%<br />

2011 +2.34% +0.88% -0.69% +0.18% +2.63% +1.97%<br />

2012 +1.94% +1.14% +2.57%<br />

The Sierra Core Fund pays a quarterly dividend. Shares are available through TD Ameritrade, Charles Schwab & Co. Inc., Fidelity, Pershing and directly<br />

from the Fund.<br />

The Fund indirectly bears the investment management fees and expenses of the underlying funds in addition to the investment management fees<br />

and expenses of the Fund – all of which however are fully reflected in the above performance information. In some instances it may be less expensive<br />

for an investor to invest in the underlying funds directly. There is also a risk that investment advisers of those underlying funds may make investment<br />

decisions that are detrimental to the performance of the Fund. Investments in underlying funds that own small- and mid-capitalization companies<br />

may be more vulnerable than larger, more established organizations to adverse business or economic developments. Investments in underlying funds<br />

that invest in foreign equity and debt securities could subject the Fund to greater risks including, currency fluctuation, economic conditions, and<br />

different governmental and accounting standards.<br />

Investors should carefully consider the investment objectives, risks, charges, and expenses of the Sierra Core Retirement Fund. This<br />

and other information about the Fund is contained in the prospectus and should be read carefully before investing. The prospectus<br />

can be obtained on our website, SierraMutualFunds.com, or by calling toll free 1-855-556-1295. The Sierra Core Retirement Fund is<br />

distributed by Northern Lights Distributors, LLC, Member FINRA.<br />

1803-NLD-11/7/2012<br />

Napfa Advisor DECEmber 2012 13


East Conference Review<br />

By Kevin Adler<br />

Investing Ideas and Concerns<br />

Emerge at <strong>NAPFA</strong> East Conference<br />

Despite some signs of optimism,<br />

advisors should remain very<br />

cautious about the investment<br />

environment in the U.S. and the<br />

world, said speakers at the <strong>NAPFA</strong><br />

East Conference in Baltimore in<br />

early November. The weak economic<br />

recovery has left the experts pessimistic<br />

about when market returns will again<br />

consistently reach long-term historical<br />

averages.<br />

Warren Buffett’s Way<br />

Warren Buffett did not speak at<br />

<strong>NAPFA</strong>’s conference, but his biographer,<br />

Alice Schroeder, gave a keynote<br />

presentation in which she explained some<br />

of his underlying investment beliefs.<br />

Schroeder, a Wall Street analyst who<br />

became an award-winning financial<br />

journalist, described Buffett as the most<br />

intensely focused person she has met,<br />

and able to use his intensity to discern<br />

trends ahead of the crowd. “Warren<br />

is opportunistic…not wanting to be<br />

hemmed in by the economy,” she said,<br />

in contrast to most investors who move<br />

with the tides of economic growth and<br />

contraction.<br />

A prime example of Buffett’s<br />

creative thinking is that he thinks about<br />

cash differently than many investment<br />

managers. “Most money managers<br />

are under pressure not to hold cash,<br />

especially when it has very low or<br />

even negative returns,” Schroeder said.<br />

“Warren likes cash. He views it as<br />

holding a call option on every asset class,<br />

with no expiration date and any strike<br />

price. It gives him ultimate choice in his<br />

investments, and the cost of holding that<br />

call option right now is very low.”<br />

With flexibility to invest his cash<br />

when he sees an opportunity, Buffett can<br />

utilize his judgment about long-range<br />

trends to make major investments. He<br />

“Most money<br />

managers are under<br />

pressure not to<br />

hold cash, especially<br />

when it has very low<br />

or even negative<br />

returns. Warren<br />

Buffett likes cash. He<br />

views it as holding<br />

a call option on<br />

every asset class,<br />

with no expiration<br />

date and any strike<br />

price. It gives him<br />

ultimate choice in his<br />

investments, and the<br />

cost of holding that<br />

call option right<br />

now is very low.”<br />

-Alice Schroeder<br />

seems to have an uncanny ability to<br />

“recognize the dominant economic reality<br />

of the times, and to get there first,” said<br />

Schroeder. For example, he invested<br />

heavily in media companies in the 1970s<br />

and financial services companies in the<br />

1980s.<br />

Another Buffett principle is that,<br />

despite his willingness to go against the<br />

consensus in his investments, he is very<br />

aware of risk. According to Schroeder,<br />

he has long been a proponent of looking<br />

at risk as the loss of capital, rather than<br />

as the volatility of an investment. That’s<br />

a distinction that few money managers<br />

understood until the recession began in<br />

2008. “Warren looks at risk as having<br />

a cumulative property. He believes<br />

that the 95-percent probability of<br />

something going right is not the same as<br />

100-percent certainty. To put it another<br />

way, eventually that 5-percent ‘bad’ event<br />

will happen,” Schroeder said. Given his<br />

perspective, Buffett believes an investor<br />

should not “bet” more than he is willing<br />

to lose if any of the negative events<br />

occur, rather than betting that none of the<br />

highly improbable events will occur.<br />

Using the insights she has gleaned<br />

from her years of conversations with<br />

Buffett, Schroeder wrapped up with her<br />

perspective on the U.S. economy and<br />

opportunities that exist for investors:<br />

• Risk management. “Risk<br />

management is the great growth<br />

industry of the 21st century,” she<br />

said. “Risk management will grow<br />

faster than risk.” She said that risk<br />

management is being built into<br />

everything, from the use of credit<br />

rating data on individuals to the rise<br />

in temporary staffing agencies that<br />

reduce an employer’s risk of having<br />

too many employees.<br />

• Technology. The computer<br />

revolution is far from over, and<br />

14<br />

Napfa Advisor DECember 2012


Notes: Sales loads not included.<br />

Source: Strategic Insight SimFund, Vanguard 10/23/2012<br />

East Conference Review<br />

7<br />

Schroeder said that economists<br />

“underrate” the impact of emergent<br />

technologies. She cited near-term<br />

prospects for digital printing and<br />

artificial intelligence, and generally<br />

she suggested this mantra: “Go long<br />

on any business that does not rely<br />

on physics, and go short on stuff<br />

and places that sell stuff.”<br />

• Services. In addition to going<br />

short on physical goods,<br />

Schroeder suggested going short<br />

on services because technology<br />

is commoditizing many jobs that<br />

previously were thought to need<br />

steady amounts of human input.<br />

Bogle Sounds Alarms<br />

Like Warren Buffett, Vanguard<br />

founder John Bogle also believes in<br />

minimizing investment risk. But the<br />

outspoken leader of the low-cost, indexinvesting<br />

revolution does not believe<br />

that individual investors can minimize<br />

their risk through careful selection of<br />

individual stocks or even market sectors.<br />

By acting on his beliefs, he has built his<br />

career and a giant company, as well as<br />

helped to support the growth of Fee-Only<br />

advisors.<br />

John Bogle<br />

on Fiduciary Duty<br />

John Bogle, founder<br />

of Vanguard, believes<br />

that investment fees are<br />

inextricably linked to the<br />

fiduciary duty to clients held<br />

by providers of financial<br />

services. He explained<br />

to the audience at the <strong>NAPFA</strong> East<br />

Conference that, in his opinion, it’s a simple<br />

mathematical calculation: Every dollar the<br />

provider receives is a dollar the client does<br />

not get.<br />

“How are the rewards of investing<br />

divided between the providers of financial<br />

services and their clients who put up their<br />

capital?” he asked. “Because for investors<br />

as a group, gross returns in the financial<br />

markets, minus the costs of financial service<br />

providers, equals the net returns that are<br />

actually delivered to investors.”<br />

$ billions<br />

Equity Fund Cash Flow Since 2007<br />

Index funds have taken in over $600 billion;<br />

active funds have lost almost $300 billion<br />

$ 800<br />

600<br />

400<br />

200<br />

0<br />

-200<br />

-400<br />

Index Funds<br />

Active Funds<br />

140 136<br />

95<br />

-209<br />

As feisty as ever, Bogle used his<br />

luncheon address at the conference to<br />

cement his relationship with fiduciary<br />

advisors and to reiterate the justification<br />

for Vanguard-style passive investing.<br />

“I’ve always believed that Vanguard was<br />

the natural partner and ally for nearly<br />

all RIAs,” said the 1999 recipient of<br />

<strong>NAPFA</strong>’s Special Achievement Award.<br />

Bogle observed that using a lowcost<br />

Vanguard index fund, plus paying<br />

the typical 1 percent AUM fee of an<br />

advisor, basically matches the nationalaverage<br />

mutual fund fee of 1.3 percent.<br />

Essentially, the client of the advisor is<br />

getting an advisor’s services for the same<br />

price as purchasing an active fund—“and<br />

there’s no point I can see in the client<br />

paying that higher mutual fund fee,” he<br />

said.<br />

The importance of fees is magnified<br />

in today’s low-yield environment, and<br />

Bogle predicted that yields are not likely<br />

to rebound soon. “Historic returns are<br />

irrelevant. Put away your Monte Carlo<br />

[investment projections], or at least<br />

adjust them for today’s yields,” he said.<br />

“Returns are half of the historic averages<br />

of the last 50 years.”<br />

Bogle backed his outlook with an<br />

explanation of how the equity price-toearnings<br />

(P/E) ratio created the outsize<br />

83 108 93 98<br />

-5 -7<br />

-86 -63<br />

659<br />

-275<br />

2007 2008 2009 2010 2011 YTD 2012 2007-12<br />

Source: Vanguard<br />

returns of the 1990s. During the ’90s, the<br />

P/E ratio surged well above its historic<br />

average, and it carried stock prices with<br />

it. Now that it’s back in the normal range,<br />

it will not provide any fuel for growth in<br />

equity values, so that growth will be tied<br />

to earnings growth and dividend yield.<br />

Here’s his math for the next decade:<br />

Assume a 7-percent equity growth<br />

annually, based on 5-percent earnings<br />

growth and 2-percent dividends. Assume<br />

a 3-percent bond yield. An investor with<br />

a 60-40 stock-bond portfolio would<br />

receive a 5.5-percent nominal return.<br />

Then, subtract inflation, taxes, and<br />

investment fees, and Bogle said the result<br />

“is not enough for income-starved clients.<br />

They need to reduce their spending, use<br />

junk bonds for higher yields, raise their<br />

ratio of stocks, or borrow against their<br />

house and invest the money. These are<br />

not good choices.”<br />

This is why index funds have taken<br />

market share from active funds in the last<br />

five years (see graph).<br />

Given the low yields, investors and<br />

advisors are tempted to look for the<br />

investment manager who can outperform<br />

the market. But that’s a fool’s errand,<br />

said Bogle. He observed that half of the<br />

mutual funds operating today will fail in<br />

the next decade. Of those that survive,<br />

7<br />

Napfa Advisor DECEmber 2012 15


east Conference review<br />

they will, on average, switch managers<br />

every five years. “So how can you<br />

possibly pick the successful managers<br />

time after time?” he asked.<br />

Keeping fees low is a better solution,<br />

he said. Even ETFs, which many advisors<br />

see as the low-cost solution for their<br />

clients, came in for Bogle’s criticism<br />

(and even though Vanguard has become<br />

a significant player in that market). From<br />

his perspective, ETF fees are still too<br />

high, and the loyalties of ETF sponsors<br />

are mixed. Speaking of the CEO of one<br />

leading ETF provider that competes with<br />

Vanguard, Bogle said, “He has a fiduciary<br />

duty to shareholders to maximize his<br />

profit, but he also has a fiduciary duty to<br />

his clients. He’s on the horns of a nasty<br />

dilemma.”<br />

Social Investing<br />

With social media on the minds<br />

of most advisors for marketing and<br />

communications purposes, Hardeep<br />

Walia, CEO of Motif Investing, offered<br />

his firm’s vision of how social media<br />

could affect investing. Investors can<br />

communicate with each other with<br />

unprecedented ease, and “social<br />

investors” enjoy the give-and-take of<br />

debating their best investing ideas with<br />

others. These investors do not rely solely<br />

on professional managers and might be<br />

the types of clients who come to Fee-<br />

Only advisors for validation of their<br />

ideas, he said.<br />

Motif Investing has launched itself<br />

into the world of social investors by<br />

creating a platform for purchasing a<br />

“motif,” which is a portfolio of up to 30<br />

individual stocks. They can be arranged<br />

around themes as diverse as cleanup<br />

and recovery from Hurricane Sandy,<br />

the housing rental industry, or women<br />

CEOs. “Motifs are thematically weighted<br />

portfolios…that enable individuals to<br />

share their expertise about the world,”<br />

he said. “They are a way to analyze and<br />

capture the wisdom of the crowd.”<br />

Motif Investing offers nearly<br />

100 portfolios today, and it’s adding<br />

new portfolios on a regular basis. It<br />

developed some of them, but it also<br />

considers motifs proposed by outsiders.<br />

At least one <strong>NAPFA</strong> member, Tom<br />

Nowak, CFP ® , has created a motif.<br />

Nowak’s motif is based on the model<br />

presented in his book that was published<br />

earlier this year, Low-Fee Socially<br />

Responsible Investing (see the May 2012<br />

Advisor for a review of the book).<br />

Motifs even share Bogle’s vision<br />

of a low-cost investment future, even<br />

though motifs represent a more active<br />

management strategy. “It’s a low-cost,<br />

disruptive model,” said Walia. “You<br />

can buy a motif today for $9.95, but we<br />

foresee that pricing will go to zero, along<br />

with the rest of stock trades some day.”<br />

Is Pleased to announce the launch<br />

of theIr<br />

ON-LINE LIBRARY<br />

for FAMILY-OWNED<br />

COMPANIES<br />

VIsIt www.claytoncaPItalPartners.com/lIbrary<br />

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16<br />

nApFA Advisor deCember 2012


East Conference Review<br />

Assessing Investment Counterparty Risk<br />

By Kevin Adler, <strong>NAPFA</strong> Editor<br />

As if advisors don’t have enough to worry about, <strong>NAPFA</strong><br />

member John Henry Low made a presentation at the <strong>NAPFA</strong><br />

East Conference highlighting a risk that most advisors don’t<br />

even realize exist: Are the custodians of your client assets really<br />

as safe as they seem? Low’s presentation, “Counter-Party Risk:<br />

The Biggest Risk You Didn’t Know You Were Taking with<br />

Your Client’s Money,” raised more than a few eyebrows.<br />

Low began his talk by reviewing the circumstances of a<br />

little-remembered Friday in 1974 when Bankhaus I. D. Herstatt,<br />

a small private bank in Germany, almost brought the world’s<br />

financial system to its knees. After regulators closed the bank’s<br />

doors on a Friday afternoon for an enforced shutdown, the bank<br />

had outstanding foreign exchange transaction commitments<br />

with banks around the world that could no longer be settled<br />

in New York. If not for a frantic weekend of transoceanic<br />

negotiations by the Federal Reserve and some of the biggest<br />

banks in the world, the financial markets might not have been<br />

able to open on Monday, said Low.<br />

Today, safeguards are in place to avoid a recurrence of that<br />

specific problem, but unexpected new problems will emerge,<br />

he predicted. Of significant interest to advisors is the fact that<br />

broker/dealers, which act as custodians for many advisors, are<br />

far from foolproof. More than 300 B/Ds failed or merged under<br />

financial duress during the mid-1970s alone, with plenty more<br />

since, and investors lost their life savings in some cases, he<br />

said. In other cases, clients have had to wait six or seven years<br />

for their settlements, sometimes at 20 cents or 30 cents on the<br />

dollar. “Could your clients wait that long for access to their<br />

retirement funds?” he asked.<br />

Perhaps surprisingly, full-service B/Ds are probably riskier<br />

than discount B/Ds because they are engaged in numerous lines<br />

of riskier business beyond being custodians (such as trading for<br />

their own accounts or creating financial products), so there’s a<br />

chance that their other business lines can drag down the entire<br />

firm, including the custodial side, he said. Even though they<br />

are supposed to keep client custodial assets in safer “segregated<br />

accounts,” custodians often are allowed to lend against client<br />

accounts. “If you check the margin box or the check-writing<br />

box on an account application, you are allowing your broker to<br />

take your account out of their ‘segregated account’ and lend out<br />

those assets,” he said.<br />

Unfortunately, those loans and investments can go bad.<br />

An extreme example is MF Global, which had a balance<br />

sheet of about $30 billion in liabilities, but only $8 billion in<br />

segregated custodial accounts, when it went bankrupt in 2012.<br />

Those “safe, segregated custodian accounts” were allegedly<br />

“borrowed” and used by MF Global to make profits for its<br />

own account. “Predictably, those bets went wrong, and even<br />

the segregated account custodial funds went missing and are<br />

now tied up in bankruptcy,”<br />

Low said.<br />

“Breaking the buck” in<br />

a money market account is<br />

another example of what can<br />

and has gone wrong. When<br />

Lehman Brothers collapsed<br />

in 2008, many money market<br />

funds found themselves holding John Henry Low<br />

now-worthless Lehman Brothers<br />

commercial paper. Lehman’s The Reserve Primary Money<br />

Market Fund, the oldest and one of the country’s top-ranked<br />

money market funds, had quietly diverged from its stated<br />

strategy of not investing in commercial paper. In early 2006,<br />

the Reserve Fund’s SEC filings confirmed that position, “but<br />

just two months later,” said Low, “they had 5.7 percent in<br />

commercial paper and kept adding to it in order to increase<br />

yield. It caused a huge cataclysm.” In the end, the Reserve Fund<br />

broke the buck and let its money market fund value fall below<br />

$1.00 per share. Low contrasted that event with another money<br />

market fund that also was caught in the Lehman collapse, but<br />

whose executives publicly stated that they would stand behind<br />

their money market funds and maintain their value at $1.00.<br />

“Who would your rather work with?” he asked.<br />

Safety Solutions<br />

What’s the solution? First, due diligence. Low<br />

recommended looking at the custodian’s or other counterparty’s<br />

regulatory filings, in particular the Focus Report and<br />

other financial reports. The Focus Report carries a great deal<br />

of information about the full scope of the firm’s business, so<br />

an advisor can judge whether custodian accounts might be<br />

exposed by a firm’s other activities.<br />

Second, Low favors using a custodian for whom the<br />

custody of client assets is its main business. Within that<br />

category, he suggested using trust companies to custody assets<br />

because: 1) their custody accounts are completely segregated<br />

from the company’s other lines of business, and 2) those<br />

accounts are not part of the creditor pool should the trust<br />

company fail (unlike at a B/D).<br />

Third, consider the corporate culture of the custodian,<br />

keeping an eye on how the vendor resolves the inevitable<br />

mistakes that occur.<br />

And fourth, don’t mistake SIPC (Securities Investor<br />

Protection Corporation) coverage for being a safety net like<br />

the FDIC. SIPC coverage has limits and can take many years<br />

to provide payouts to clients who are harmed. “Perhaps more<br />

importantly, work with first-class counter parties, where you<br />

won’t have to rely on insurance at all,” he said.<br />

Napfa Advisor DECEmber 2012 17


Financial Planning<br />

By Bridget McCrea<br />

GAO Report Highlights<br />

Women’s Retirement Struggles<br />

Elderly women comprise a growing<br />

portion of the U.S. population and<br />

have historically been at greater<br />

risk of living in poverty than elderly men.<br />

Several factors contribute to the higher<br />

rate of poverty among elderly women,<br />

such as their tendencies to have lower<br />

lifetime earnings, to take time out of the<br />

workforce to care for family members, and<br />

to outlive their spouses. Outside factors<br />

like economic downturns and changes<br />

in employer retirement plans also play a<br />

role in the financial insecurity of older<br />

American women.<br />

While none of this would be<br />

surprising to financial advisors, solving<br />

the problem is an immense challenge.<br />

Even advisors working with wealthier<br />

retired women or younger women need to<br />

speak with their clients about these issues.<br />

In light of these circumstances, the<br />

U.S. Government Accountability Office<br />

(GAO) was asked to examine the following<br />

four key areas: how women’s access to<br />

and participation in employer-sponsored<br />

retirement plans compares to men’s and<br />

how these plans have changed over time;<br />

how women’s retirement income compares<br />

to men’s and how the composition of<br />

their income—the proportion of income<br />

coming from different sources—changed<br />

with economic conditions and trends in<br />

pension design; how later-in-life events<br />

affect women’s retirement income security;<br />

and what policy options are available to<br />

help increase women’s retirement income<br />

security.<br />

For financial advisors, the GAO study<br />

shows how challenging the circumstances<br />

are for many women in retirement and<br />

provides additional evidence that early<br />

planning and aggressive saving are essential<br />

to meeting retirement-income needs.<br />

Pinpointing Important<br />

retirement Trends<br />

It’s well-known that women outlive<br />

men. What’s less obvious is the way that<br />

effect shows up in the upper ranges of the<br />

age scale and the financial implications<br />

of longevity for women. Today, of those<br />

individuals aged 65 and older, one-sixth<br />

of American women and one-tenth of men<br />

are 85 or older, and this share is projected<br />

to grow to almost one-quarter of women<br />

and one-fifth of men by 2050. For these<br />

people, the threat of<br />

poverty in old age is most<br />

severe as they deplete<br />

their savings and have<br />

to rely solely on Social<br />

Security for income.<br />

Although the income<br />

composition for women<br />

65 and older did not vary<br />

greatly over the period<br />

examined by the GAO<br />

(1998 to 2009), women<br />

continued to have less<br />

retirement income on<br />

average and live in higher<br />

rates of poverty than men<br />

in that age group. The<br />

GAO found that women,<br />

especially widows and<br />

en and Men Age 65 and Over Did Not Fluctuate Greatly Over Time<br />

f Household Change Income in Sources for Women of Household and Men Age Income 65 and for Over Women Did Not Fluctuate Greatly Over Time<br />

those 80 and older, depended on Social<br />

Security benefits for a larger percentage<br />

of their income than did men (see graph).<br />

For example, in 2010, 16 percent of<br />

women 65 and older depended solely on<br />

Social Security for income, compared to<br />

12 percent of men. Moreover, women’s<br />

median income was approximately 25<br />

percent lower than men’s over the last<br />

decade, and the poverty rate for women in<br />

this age group was nearly two times higher<br />

than men’s in 2010.<br />

Retirement income also is dependent<br />

on savings in defined contribution plans, as<br />

most employers have phased out definedbenefit<br />

pension-style plans. Women born in<br />

the baby boom generation are much more<br />

likely to be in the workforce than women<br />

in preceding generations, so their access to<br />

and participation in employer-sponsored<br />

retirement plans has increased. Women’s<br />

participation rates in defined-contribution<br />

plans increased slightly between 1998<br />

and 2009, while men’s participation<br />

fell, thereby narrowing the participation<br />

difference between men and women to<br />

1 percentage point. However, women<br />

contributed to their plans at lower levels<br />

than men.<br />

Overall, the composition of women’s<br />

income varied only slightly during the<br />

time period of the study. This is a good<br />

news/bad news situation. Women’s main<br />

income sources (Social Security and<br />

defined-benefit retirement plans) were<br />

shielded from fluctuations in the stock<br />

market, and the share of household income<br />

women received from earnings increased<br />

over the period. However, their personal<br />

savings for retirement lagged behind<br />

that of men, and their share of household<br />

income was consistently lower than men’s.<br />

Race and ethnicity also come into<br />

play when assessing women’s retirement<br />

income. While the proportion of working<br />

women with an employer that offered<br />

a defined-contribution plan increased<br />

or men and women include spousal income. The category for income from defined<br />

Notes: Estimates for men and women include spousal income. The category for income from defined<br />

ns reflects total household distributions from IRAs, as well as 401(k) pension plans<br />

contribution 18<br />

contribution<br />

pension Napfa plans. Advisor pensions reflects<br />

Nonregular (lump DECember total household<br />

sum) withdrawals 2012 distributions from IRAs, as well as 401(k) pension plans<br />

from IRA and<br />

and similar defined contribution pension plans. Nonregular (lump sum) withdrawals from IRA and<br />

ot included. The “other” category includes income from cash public assistance and<br />

401(k) plans are not included. The “other” category includes income from cash public assistance and<br />

cluding interest, dividends, rent and royalties. Percentages may not add to 100%


Financial Planning<br />

Figure 9: <strong>Difference</strong>s in the Figure Composition 9: <strong>Difference</strong>s of Household in the Composition Income for of Women Household and Men Income Age for 65 Women and Over, and by Men Marital Age Status, 65 and 2010 Over, by Marital S<br />

in the decade prior to 2009, it varied by decline in assets, but Sources of Household Income for Women, by Marital Status, 2010<br />

racial and ethnic groups. White and black their income fell by<br />

women were the most likely to work for 13 percent.<br />

an employer that offered a plan, while<br />

Hispanic women were the least likely.<br />

(Individuals in the white, black, and Asian<br />

racial and ethnic categories are non-<br />

Hispanic.) Interestingly, with only a few<br />

exceptions (i.e., whites in 1998 and Asians<br />

in 2003 and 2009), the proportion of<br />

women working for an employer offering<br />

a plan was equal to or higher than that of<br />

men of the same race.<br />

Searching<br />

for Solutions<br />

According to<br />

the GAO, a range<br />

of existing policy<br />

options could<br />

address some of<br />

the income-security<br />

challenges women<br />

face in retirement.<br />

The Impact of Life Changes<br />

For women approaching retirement<br />

or who are already retired, income can<br />

be severely affected if they become<br />

divorced, widowed, or unemployed.<br />

Moreover, divorce and widowhood had<br />

more pronounced effects for women than<br />

for men. For example, women’s household<br />

income, on average, fell by 41 percent<br />

For example,<br />

increasing Social<br />

Security benefits<br />

for widows could<br />

provide additional<br />

income for women<br />

who have few<br />

options to increase<br />

their retirement<br />

with divorce, almost twice the size of savings. However,<br />

Notes: In the category for married Notes: individuals, In the category estimates for for married men and individuals, women estimates include spousal for men income. and women include spo<br />

the decline that men experienced. For The increasing category for benefits income from would defined also increase costs women may not be as financially literate<br />

The category contribution for income pensions from reflects defined total contribution household pensions distributions reflects from total household distr<br />

widowhood, women’s household income IRAs, to as the well Social as 401(k) Security and similar program IRAs, defined as and well contribution have as 401(k) and pension as similar men, plans. defined hindering Nonregular contribution them (lump pension from sum) taking plans. full Nonregular (lump<br />

fell by 37 percent, while men’s income<br />

withdrawals<br />

implications<br />

are not<br />

for<br />

included.<br />

its long-term<br />

The withdrawals “other”<br />

solvency.<br />

category are not included. includes<br />

advantage<br />

income The “other” cash<br />

of category public<br />

new options.<br />

assistance includes income and property cash public assistan<br />

income including interest, dividends, income rent including and royalties. interest, Percentages dividends, rent may and not royalties. add to 100% Percentages due to may not add to 100<br />

declined by only 22 percent (see graph). rounding. GAO Percentage also considered estimates the expansion Experts also identified a set of policy<br />

rounding. of the income Percentage shares estimates from Social of the Security income have shares 95 percent from Social confidence Security have 95 perc<br />

Unemployment (defined as being out intervals of existing that are within tax incentives +/-2, +/-3, intervals +/-4, for individuals<br />

+/-10 that are and within +/-6 percent +/-2, options +/-3, of +/-4, the that estimate +/-10 would and itself offer +/-6 for percent married, new opportunities<br />

of widowed, the estimate itself for m<br />

of work and actively looking for a job) had<br />

divorced,<br />

to save<br />

separated<br />

for retirement<br />

and never<br />

during divorced, married<br />

their<br />

individuals separated respectively. and never to accumulate married Percentage individuals earnings<br />

estimates respectively. credits<br />

of the income<br />

for Percentage estimates o<br />

shares from earnings have 95 percent shares from confidence earnings intervals have 95 that percent are within confidence +/-2, +/-2, intervals +/-3, +/-11 that are and within +/-6 +/-2, +/-2, +/-3<br />

negative consequences on total household percent working of the estimate years. These itself for options could help Social Security. These could enhance<br />

percent married, of widowed, the estimate divorced, itself for separated married, and widowed, never divorced, married individuals separated and never marrie<br />

assets and income, although the effects were respectively. lower- and Percentage moderate-income estimates respectively. of the workers, income Percentage shares estimates from the retirement defined of the benefit income security plans shares have of workers from 95 percent defined who benefit plans hav<br />

comparable for women and men. Both saw<br />

confidence<br />

as well<br />

intervals<br />

as those<br />

that<br />

who<br />

are within<br />

take confidence time<br />

+/-2, +/-3,<br />

out intervals +/-3,<br />

of the<br />

+/-7 that and are experience within +/-5 percent +/-2, a +/-3, of<br />

period<br />

the +/-3, estimate<br />

of +/-7 unemployment and itself +/-5 for percent or of the estimate<br />

married, widowed, divorced, separated married, and widowed, never divorced, married individuals separated respectively. and never married Percentage individuals respectively. Perce<br />

their assets and income decline by about 7 estimates workforce of the income to care shares for family from defined members. contribution plans who have take 95 time percent out of confidence the workforce intervals to care<br />

estimates of the income shares from defined contribution plans have 95 percent confide<br />

to 9 percent. The effects on income were that Since are within women +/- 2 percent have lower of the that estimate earnings are within itself +/- than 2 for percent all marital for of the family status estimate categories. members. itself for all marital status categories.<br />

most acute for households where at least one men, on average, and are more likely to Other policy options could either<br />

member of the household was 65 or older. As take shown time in out figure of the 10, workforce among to different care for age expand groups, access women to retirement age savings 80 and in<br />

As shown in figure 10, among different age groups, women ag<br />

For these households, men’s assets fell by 14<br />

over<br />

family<br />

received<br />

members,<br />

the<br />

women<br />

highest<br />

may<br />

share<br />

especially<br />

of their income<br />

defined contribution<br />

from Social<br />

plans<br />

Security<br />

and IRAs<br />

over received highest share of their income (61 from Social Se<br />

percent and their income fell by 12 percent. benefit from these options. However, or strengthen spousal protections for<br />

percent). In fact, about 20 percent of them depended on Social Security<br />

Women did not experience a significant pension experts are concerned percent). that In fact, about retirement 20 percent savings. of them depended on Socia<br />

for their sole source of for income. their sole Men source in the of youngest age category (65 to<br />

To income. retirement Men security in the experts, youngest age categ<br />

69) received a higher 69) share received of their a income higher the share from GAO’s earnings of findings their income paint (31 percent) a familiar, from earnings if (31<br />

ING U.S. Survey Shows Women-Men relative to other groups, relative while to individuals other groups, disconcerting, in the while oldest individuals picture. age categories Although in the increases oldest age cate<br />

Disparity in Retirement Savings received the smallest received share of income the smallest from in women’s share earnings, of labor income likely force reflecting from and retirement earnings, the likely ref<br />

Other recent surveys back up the findings of declining the Governmental ability to Accountability work declining at older Office ability ages. that to work plan participation at older ages. have led to a marginal<br />

women are less financially prepared for retirement than are men.<br />

The ING U.S. Retirement Research Institute released a report in May 2012, in which<br />

more than 4,000 full-time working adults living in households with incomes of $40,000 or<br />

more were asked about their retirement savings. Page The study, 20 Retirement Revealed, Page 20 illustrated<br />

the point that women are less financially secure as they reach retirement. (To view the report,<br />

visit ing.us/rri/ing-studies/what-about-women.)<br />

According to the study, among those who have savings in or outside of an employersponsored<br />

retirement plan, women have $108,000 in total savings, on average. Men have<br />

$149,000, on average. For women with children at home, retirement savings is only $88,000.<br />

improvement in women’s prospects for<br />

achieving a more secure retirement,<br />

the GAO’s report also highlights the<br />

substantial GAO-12-699 risks Women’s women Retirement continue Security to face<br />

in accumulating adequate retirement<br />

income. Nor should it be forgotten that<br />

retirement security in America continues<br />

to be a national dilemma that transcends<br />

gender differences.<br />

GAO-12-699 Women’s Retir<br />

Napfa Advisor DECEmber 2012 19


Financial Planning<br />

marketfield<br />

asset management<br />

Italy Consumer Confidence<br />

Authored November 27, 2012 by Michael Shaoul, Ph.D., Chairman of Marketfield Asset Management,<br />

Advisor to the Mainstay Marketfield Fund<br />

It is one of our more cherished beliefs that the majority of interesting<br />

investment cycles commence against a backdrop of despair,<br />

in large part because the path to this emotional state involves the<br />

wholesale liquidation of economically sensitive assets such as<br />

equities. We therefore take perverse encouragement from Italy’s<br />

Consumer Confidence poll for November, which showed<br />

confidence at an all time low of 84.8 (data commences in 1996).<br />

positive tone to it, and the local equity market has rallied strongly<br />

since the summer collapse, moving back into positive territory for<br />

2012 (the FTSEMIB index is up 3% YTD at the time of writing). To<br />

the extent that the drop in GDP is a reflection of tighter fiscal spending,<br />

rather than a wholesale collapse of consumer and industrial<br />

demand, the equity market should continue to make decent if<br />

volatile progress in the months ahead. ■<br />

As we have explained before, it is not that things look particularly<br />

rosy in Italy, but as far as the corporate economy is concerned, they<br />

look far better than they did back in 2008. There is a growing<br />

disconnect between the crisis of government and the reform of<br />

fiscal policy on the one hand with that of actual corporate activity<br />

on the other. Indeed, even though the local economy has slipped<br />

back into recession, the last earnings period had a generally<br />

Source: Bloomberg<br />

20<br />

Napfa Advisor DECember 2012


Michael Shaoul is Chairman of Marketfield Asset Management,<br />

Adviser to the Mainstay Marketfield Fund (MFLDX/MFADX). He also<br />

serves as Chief Executive Officer of Oscar Gruss and Son<br />

Incorporated, a position he has held since December 2001. He<br />

joined Oscar Gruss in 1996 as Chief Operating Officer. Between<br />

1992 and 1996, Mr. Shaoul ran Park Square Associates,<br />

a Manhattan-based real estate investment and management company.<br />

He was awarded a Ph.D. in Accounting and Finance in 1992 from<br />

Manchester University (UK). Mr. Shaoul has written articles on<br />

behalf of Barron’s and has been regularly quoted in The Wall Street<br />

Journal and Dow Jones Newswires regarding his opinions on the<br />

investment markets.<br />

To subscribe to the Mainstay Marketfield Gold Edition, a daily digest of<br />

commentaries like the one above, email info@sincereco.com to request<br />

a username and password. This free subscription is available for<br />

90 days and continues for investment advisors who invest in the<br />

Mainstay Marketfield Fund.<br />

Past performance does not guarantee future results. Index performance is not<br />

illustrative of fund performance. For Fund performance, please call 877-742-6951.<br />

ITPSSA is the Italy Consumer Confidence Index - seasonally adjusted. FTSEMIB is the<br />

Borsa Italiana Index, a capitalisation-weighted index of 40 of the biggest companies<br />

chosen to represent 10 economic sectors.<br />

For more information about the MainStay Marketfield Fund,<br />

call 800-MAINSTAY (624-6782) for a prospectus or<br />

summary prospectus. Investors are asked to consider the<br />

investment objectives, risks, and charges and expenses of<br />

the investment carefully before investing. The prospectus or<br />

summary prospectus contain this and other information<br />

about the investment company. Please read the prospectus<br />

or summary prospectus carefully before investing.<br />

Mutual fund investing involves risk. Principal loss is possible. The<br />

Mainstay Marketfield Fund invests in smaller companies, which<br />

involve additional risks such as limited liquidity and greater volatility.<br />

The Mainstay Marketfield Fund invests in foreign securities which<br />

involve greater volatility and political, economic and currency risks<br />

and differences in accounting methods. These risks are greater for<br />

investments in emerging markets. Investments in debt securities<br />

typically decrease in value when interest rates rise. This risk is usually<br />

greater for longer-term debt securities. Investment by the<br />

Mainstay Marketfield Fund in lower-rated and non-rated securities<br />

presents a greater risk of loss to principal and interest than higherrated<br />

securities. Investments in asset-backed and mortgagebacked<br />

securities involve additional risks such as credit risk,<br />

prepayment risk, possible illiquidity and default, and increased susceptibility<br />

to adverse economic developments. The Mainstay<br />

Marketfield Fund regularly makes short sales of securities, which<br />

involves the risk that losses may exceed the original amount invested,<br />

however a mutual fund investor's risk is limited to the amount<br />

invested in a fund. The Mainstay Marketfield Fund may also use<br />

options and future contracts, which have the risks of unlimited<br />

losses of the underlying holdings due to unanticipated market<br />

movements and failure to correctly predict the direction of<br />

securities prices, interest rates and currency exchange rates. The<br />

investment in options is not suitable for all investors.<br />

The MainStay Marketfield Fund is subadvised by Marketfield Asset<br />

Management LLC and distributed by NYLIFE Distributors, LLC, 169<br />

Lackawanna Avenue, Parsippany, NJ 07054, a wholly owned<br />

subsidiary of New York Life Insurance Company. NYLIFE Distributors<br />

LLC is a Member FINRA/SIPC.<br />

MainStay Investments is a service mark and name under which New<br />

York Life Investment Management LLC does business. MainStay<br />

Investments, an indirect subsidiary of New York Life Insurance<br />

Company, New York, NY 10010, provides investment advisory<br />

products and services.<br />

Represented by<br />

Sincere&Co<br />

www.sincereco.com<br />

847.905.0225<br />

NYLIM-28329<br />

292 Madison Avenue<br />

14th Floor<br />

New York NY, 10017<br />

(212) 514-2350<br />

www.marketfield.com<br />

Napfa Advisor DECEmber 2012 21


Practice Profile<br />

By Kevin Adler<br />

<strong>Making</strong> a <strong>Difference</strong><br />

Susan John, Financial Focus, Inc.<br />

Fee-Only pioneer, two-time <strong>NAPFA</strong><br />

board member, mentor, innovator—<br />

few can surpass the influence that<br />

Susan John, CFP ® has had on <strong>NAPFA</strong> and<br />

the development of Fee-Only planning.<br />

Matchmaker, business builder, fire<br />

survivor—few advisors can say that their<br />

careers have had as many interesting<br />

moments as Susan John, either.<br />

Founder and principal of Financial<br />

Focus, Inc., in Wolfeboro, NH, John is<br />

the classic career-changer who joined the<br />

planning profession because she recognized<br />

that it was a way to help people achieve<br />

their life goals. But unlike more recent<br />

immigrants to the field who enjoyed the<br />

security of entering a relatively welldefined<br />

operation, John was one of the<br />

early Fee-Only adopters who didn’t have<br />

a model to follow. Indeed, she and her<br />

colleagues helped to pave the way for<br />

today’s advisors.<br />

John came from the hospitality<br />

industry. She held tourism-related jobs as a<br />

teenager and college student in her native<br />

New Hampshire, and she later became<br />

the manager of the conference center and<br />

lodging and dining facility for the Aspen<br />

Institute in Aspen, CO. She loved the work,<br />

but in 1984, she decided to return to New<br />

Hampshire to help her mother and her<br />

sisters. “After I got settled back home, I<br />

thought about what I’d do. I had just held<br />

the best hotel job in the world, and I didn’t<br />

want to take a step back,” she says.<br />

Formation of<br />

Ballentine and Co.<br />

Always interested in financial matters<br />

and having learned something about<br />

them in hotel management, John took<br />

CFP ® classes and earned the certification.<br />

At about the same time, she met Roy<br />

Ballentine, an insurance agent who was<br />

trying to start a financial planning firm<br />

that didn’t push commissioned products on<br />

people who didn’t need them. It was 1986,<br />

and <strong>NAPFA</strong> was less than three years old.<br />

“This profession was just getting off the<br />

ground. I’m not even sure we called it ‘Fee-<br />

Only’ in 1986,” she laughs.<br />

John joined with Ballentine to form<br />

Ballentine and Co. (which operates today<br />

as Ballentine Partners). The firm charged<br />

hourly fees and found clients by presenting<br />

free consumer seminars and building a<br />

referral network of CPAs and attorneys.<br />

“We did not manage money at the time<br />

because few products had been devised<br />

for investment advisors who didn’t take<br />

commissions,” says John.<br />

Instead, they built long-term financial<br />

plans and helped clients to unwind<br />

unattractive investments they’d been sold<br />

by commissioned reps. “Clients would<br />

come to us having purchased ‘interesting’<br />

financial products, and we would try to<br />

solve their problems,” she says.<br />

The firm prospered, and it hired other<br />

promising career-changers who believed<br />

in the same mission. Those professionals,<br />

such as Faye Doria and Warren Mackensen,<br />

would play prominent roles in an emerging<br />

<strong>NAPFA</strong> and the fledgling Fee-Only model.<br />

While enjoying their work, John<br />

and Ballantine began to see a disconnect<br />

between their advice and clients’ results.<br />

“We would give clients specific instructions<br />

on how to implement their plan, and they<br />

would agree that it was the right thing<br />

Continued on page 25<br />

Finding the Right People<br />

For Susan John, founder of Financial Focus, Inc., in Wolfeboro,<br />

NH, finding the right people for her team is more about searching for<br />

the ideal personal traits than it is about finding a person with specific<br />

technical skills. “We emphasize customer service,” says John. “I<br />

look for staff members who have a service mentality, which dates<br />

back to my days in the hospitality industry. When I see that attitude,<br />

then I look at whether the person has skills that we need, or whether<br />

the person can acquire them. It’s harder to find the right customerservice<br />

attitude than it is to find the right planning skills.”<br />

John believes she has an ability to screen for the right type<br />

of people and to communicate to them what she expects. “At the<br />

Aspen Institute, where I was hospitality manager, participants in the<br />

programs would include captains of business, heads of state, and<br />

other VIPs. When Margaret Thatcher is your guest, you develop<br />

confidence in how you handle yourself,” she says.<br />

The other thing that John emphasizes with her staff members<br />

is that a client’s privacy is all-important. She goes beyond the legal<br />

requirements for confidentiality and security, even as those are being<br />

tightened by regulators. “We’re in an era when nothing seems secure<br />

online,” she says, “but privacy is very important, especially financial<br />

privacy. Our firm operates in a very small community, and people<br />

here have high expectations about their privacy.”<br />

22<br />

Napfa Advisor DECember 2012


Practice Profile<br />

RISK IS WHERE<br />

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TROWE<br />

NOT<br />

PRICE<br />

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Yield and share price will vary with interest rate changes. Investors should note that if interest rates rise significantly from current<br />

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Napfa Advisor DECEmber 2012 23


Practice Profile<br />

Susan John Serves <strong>NAPFA</strong><br />

Then and Now<br />

Susan John and Roy Ballentine were building Ballentine<br />

and Co. in the late 1980s when they hired Bruce Stoltenberg to<br />

join their team. He told them about a new organization called<br />

<strong>NAPFA</strong> that had been formed to support advisors who wanted<br />

to put their clients’ interests above commissions. They checked<br />

it out and joined the organization in 1989.<br />

“There were maybe 100 members at the time we joined,”<br />

John says. “Dick April and Bob Maloney really took me under<br />

their wing, but it was rare to even meet another person who was<br />

Fee-Only. At the time, our firm had me, Roy, Bruce, Warren<br />

Mackensen, and Faye Doria—and that was a huge firm by<br />

<strong>NAPFA</strong> standards.”<br />

The mutual support network of <strong>NAPFA</strong> members was crucial<br />

in those early years, and strong bonds of friendship developed<br />

that last to this day. (Sometimes, the connections could take<br />

unexpected turns. To cite just one example, John introduced<br />

Maloney to her friend Bonnie Hunt just a few years ago. John’s<br />

matchmaking instincts proved to be as good as her financial<br />

planning instincts: Maloney and Hunt married in 2010.)<br />

<strong>NAPFA</strong>’s pioneers knew that the organization would<br />

become stronger as its membership grew. So John dedicated<br />

her <strong>NAPFA</strong> volunteer hours to recruiting new members to the<br />

association. She also helped to create regional committees that<br />

would coordinate meetings and workshops. Soon, she began to<br />

create programming for those events, particularly in teaching<br />

others how to become Fee-Only advisors. “I met a lot of people<br />

who became great contributors to <strong>NAPFA</strong> by doing those<br />

transitioning workshops,” she says.<br />

As <strong>NAPFA</strong> grew, its influence with companies providing<br />

financial products and services grew, too. “As we raised<br />

awareness, then we were able to encourage financial firms<br />

to design products for us, and that was a huge benefit for<br />

consumers,” she says.<br />

In 1994, John was elected to the National Board, where she<br />

served for four consecutive years. During that time, regulation<br />

of financial advisors was being discussed at the SEC, and the<br />

business model of small RIAs was threatened (just like today).<br />

One of the signal achievements in <strong>NAPFA</strong>’s history occurred<br />

during this time, as <strong>NAPFA</strong> worked with the CFP Board and the<br />

IAFP (predecessor to the FPA) to lobby successfully for state<br />

oversight of smaller RIAs.<br />

Toward the end of her board term, John helped to develop<br />

<strong>NAPFA</strong>’s Fiduciary Oath, which she says is perhaps her<br />

proudest moment as a <strong>NAPFA</strong> member. “We recognized the<br />

importance of fiduciary duty in working with clients more than<br />

a decade ahead of today’s debate about when one is or is not<br />

acting in a fiduciary capacity,” she says.<br />

The Fiduciary Oath has stood the test of time, and it<br />

remains one of <strong>NAPFA</strong>’s marks of distinction in a landscape<br />

filled with fee-and-commission financial planners. “Advisors<br />

should not benefit financially from the recommendation of a<br />

financial product. That principle still resonates today, and I’m<br />

pleased that there is so much more consumer awareness of what<br />

it means,” John says.<br />

John’s work was commemorated when she received<br />

<strong>NAPFA</strong>’s Robert J. Underwood Distinguished Service Award<br />

in 1999. But that award was more like a downpayment on her<br />

future efforts than it was a lifetime pass that exempted her from<br />

more hard work. In 2008, John was elected to the National<br />

Board again, and she was named chair of <strong>NAPFA</strong> beginning in<br />

September 2010. She led an organization that was much larger<br />

and more established than the first time she was on the board,<br />

but one that faced immense challenges, too. For one thing,<br />

regulation of advisors soon became a major issue, and John<br />

helped to form Financial Planning Coalition to promote the<br />

interests of all independent RIAs.<br />

Consumer confusion about different types of financial<br />

advisors is another issue that never dies, says John. “In the early<br />

days, there was no recognition by consumers that their advisor<br />

was getting paid. There was a perception that advice was free.<br />

Now, it’s more subtle, because everyone wants to call themselves<br />

an ‘advisor’ regardless of whether their focus is providing advice<br />

or selling a product,” she says.<br />

And yet, the message of objective, fiduciary planning still<br />

resonates strongly, and on a greater scale than ever before. “One<br />

of the highlights of my time as chair was being able to meet<br />

with Japanese advisors to talk about developing a Fee-Only<br />

model there,” John says.<br />

Summing up <strong>NAPFA</strong>’s biggest achievements in the 20-plus<br />

years she has been associated with the organization, John listed<br />

the following:<br />

• Education standards. <strong>NAPFA</strong> set the bar high for education<br />

and kept raising it. Ideas that <strong>NAPFA</strong> introduced, such<br />

as a broader CFP curriculum and making counseling a<br />

continuing education requirement, have been adopted.<br />

• Peer review. The requirement that a prospective <strong>NAPFA</strong><br />

member must submit a comprehensive financial<br />

plan for review reflects the importance of providing<br />

comprehensive services.<br />

• Fiduciary Oath. That oath created in 1998 has required<br />

members to adhere to a strict fiduciary standard, and it’s still<br />

in the vanguard of how financial planners should serve their<br />

clients.<br />

• Financial products. Any person new to financial planning<br />

today does not understand how few commission-free<br />

products were available 20 years ago. The availability of<br />

no-commission products enables advisors to work in their<br />

clients’ best interests, and inexpensively.<br />

• Building the profession. “Look how many people are Fee-<br />

Only advisors today. We changed the world,” John says.<br />

24<br />

Napfa Advisor DECember 2012


Practice Profile<br />

Continued from page 22<br />

to do. But they would find it difficult<br />

to implement, or they would lack the<br />

discipline,” says John.<br />

“Either the client wouldn’t<br />

implement the plan, or they would go to a<br />

commissioned person for implementation,<br />

and that person would say, ‘just sign here,’<br />

and the client would have bad results,” she<br />

continues. “It was incredibly frustrating.”<br />

Starting Her Own Firm<br />

John decided that she needed to be an<br />

implementer, if that’s what it took to get<br />

clients on a truly secure financial path.<br />

She went out on her own in 1995,<br />

determined to develop a model that would<br />

put implementation on an equal footing<br />

with giving advice. “I discovered that I had<br />

stepped into a whole different business,”<br />

she says. “I needed more tools than were<br />

available at the time, so I’d talk with<br />

companies about providing products and<br />

services that fit for our no-fee model.”<br />

Emphasizing the holistic nature of<br />

her service, she switched from Ballentine<br />

and Co.’s hourly compensation model to a<br />

retainer that was roughly correlated to assets<br />

managed. The retainer model remains at<br />

Financial Focus today, and it’s the backbone<br />

of a strong relationship with her clients. “We<br />

believe in transparency of fees,” she says.<br />

“We completely review our fee with our<br />

clients once per year. We also show them all<br />

the other fees they pay, like transaction fees<br />

and management fees inside mutual funds.”<br />

To emphasize transparency, clients<br />

receive a bill on a quarterly basis, even<br />

when the fee is debited from their<br />

portfolios. “It works for us. Very seldom<br />

has someone looked at what they are<br />

paying and asked what are you doing for<br />

me,” she says.<br />

“When I’d first moved back to New Hampshire, I went to a skills assessment program<br />

developed by the Johnson O’Connor Research Foundation. Tests revealed that I like to<br />

solve problems and that I have a facility for extrapolating conclusions from information.<br />

It also showed that I like people,” says Susan John. “All of this feeds into being a<br />

financial advisor.”<br />

Team Approach<br />

Today, Financial Focus has seven<br />

employees. Three people, including John,<br />

are advisors who have CFP ® certificates,<br />

and each of them has a specialty, such<br />

as estate planning or taxes. Another<br />

member of the team, Vice President<br />

Kristen Madden, is responsible for<br />

running the back office and handling<br />

client communications. Her indispensable<br />

contributions to the firm are reflected in<br />

the fact that she’s co-owner. Three support<br />

people round out the staff, and they are<br />

experts on running the firm’s critical<br />

software.<br />

The advisors work in teams to<br />

provide clients with financial planning,<br />

estate and tax planning, insurance advice,<br />

and more. It’s a high-touch operation<br />

in which specific aspects of every<br />

client’s plan are reviewed each quarter,<br />

and that review is presented through a<br />

personal meeting, a phone call, or e-mail<br />

communication. (See box on page 22 for<br />

more.)<br />

Providing superior customer service<br />

is a priority, and enhancing that hightouch<br />

service is a never-ending task. Two<br />

years ago, concurrent with her election as<br />

chair of <strong>NAPFA</strong> for the second time, John<br />

embarked on an overhaul of the firm’s<br />

financial planning and CRM software<br />

and replaced her IT manager. After the<br />

transition, she now uses Salesforce for<br />

CRM and publishes a revamped website<br />

through AdvisorSites.<br />

“It was driven by our need to provide<br />

better customer service,” she says.<br />

“When a client calls, that will lead to a<br />

course of action; the client has a problem<br />

that needs to be solved. All of us in the<br />

firm need to be able to keep track of it,<br />

and everybody needs to see what they are<br />

responsible for doing and what everyone<br />

else is doing.”<br />

The business is nearly paperless,<br />

with scanning and saving of documents<br />

done through Laserfiche. “We first<br />

implemented a system of scanning<br />

documents in 1997. When our building<br />

burned down in 2005, that came in very<br />

handy,” she says in a matter-of-fact tone.<br />

“The fire occurred on a Friday, and we<br />

were open in a new location on Monday.”<br />

In addition to being able to bounce<br />

back from the unexpected, the team<br />

approach and integrated technology have<br />

created a system that is not dependent on<br />

a single person. “Everyone at the firm is<br />

capable of helping our clients, and that’s<br />

how it needs to be,” she says. “We got a<br />

good test when I was <strong>NAPFA</strong>’s chair and<br />

not as available.”<br />

With operations going so smoothly,<br />

John is thinking about a succession plan.<br />

The ideas are early in development,<br />

but John says they will become a<br />

priority in the next few years, and not<br />

just for herself. “Clients want to know<br />

that there’s a long-term plan that goes<br />

beyond my retirement. We deal with a<br />

lot of families, and they want support<br />

across multiple generations,” she says.<br />

“Nothing is imminent, but we’re talking<br />

with all of our firm’s members about<br />

alternatives. We are getting input from<br />

everybody—and that’s the right way to<br />

do it.”<br />

Doing it the right way is what Susan<br />

John has been all about for more than two<br />

decades.<br />

Napfa Advisor DECEmber 2012 25


practice made perfect<br />

by Linda Leitz, CFp®<br />

When do Clients’<br />

poor deCisions<br />

signAL bigger probLems?<br />

Each of us wants to do what’s right<br />

for our clients. There are times<br />

when we decide things can move at<br />

a slow pace so that clients are comfortable<br />

with our advice. Sometimes, we even<br />

agree with clients when they do something<br />

substantially different than we’ve<br />

recommended.<br />

There is at least one situation, though,<br />

when we may need to take action that our<br />

clients won’t like. That’s when a client is<br />

suffering from dementia. What do we do<br />

when a client’s forgetfulness may become<br />

a danger to himself or herself, financially<br />

or otherwise? I asked some of our <strong>NAPFA</strong><br />

colleagues for their advice.<br />

The Clues<br />

There are several signs that a client<br />

may be slipping mentally. Finance<br />

Professor Ray Forgue, Ph.D., who is the<br />

consumer representative on the <strong>NAPFA</strong><br />

Board, has written about taking care of<br />

aging family members. He suggests that<br />

advisors look for changes in appearance<br />

that indicate the client isn’t maintaining<br />

<strong>NAPFA</strong> Consumer<br />

Education Foundation<br />

Promoting Consumer Financial Education<br />

The <strong>NAPFA</strong> Consumer Education Foundation’s<br />

mission is to educate consumers about basic<br />

financial matters and help them identify<br />

financial services that are in their best interest.<br />

Contact the Foundation today<br />

to find out how you can help.<br />

Lisa Lenczewski<br />

NCEF Coordinator<br />

lisal@napfa.org<br />

847.483.5400 Ext. 106<br />

personal cleanliness standards. Also,<br />

advisors should be aware if the client<br />

is missing appointments. If the client<br />

misses an appointment, follow up with<br />

a phone call. The conversation may give<br />

clues that a person isn’t following you or<br />

is forgetting things he wouldn’t have in<br />

the past. “If you know your client well<br />

enough, you know when they aren’t acting<br />

as usual,” Forgue said.<br />

Troy E. Thompson, a planner in<br />

Portland, OR, is both a CFP ® and an<br />

attorney. He said to watch for spending<br />

that doesn’t fit past patterns, travel plans<br />

for someone who’s not in good physical<br />

condition, and dramatic spending changes<br />

they haven’t consulted you about. If a<br />

client’s situation seems extreme, take no<br />

action, but suggest to him—and (possibly)<br />

family members—that he be evaluated.<br />

Thompson recommends that planners<br />

ask for an introduction to family members<br />

at the start of the planning relationship,<br />

so that if these types of issues arise, the<br />

planner and relatives will have some<br />

familiarity with each other. Even better is<br />

to have the client’s kids involved in the<br />

planning process in some way. Then, when<br />

an advisor reaches out to family members<br />

to express a concern, pay attention to what<br />

they say in response.<br />

However, don’t go too far. As a<br />

fiduciary, you have to be cognizant of<br />

who your client is and, if he’s competent,<br />

follow his wishes. “There is a world of<br />

difference between counseling with a<br />

client and refusing to follow instructions,”<br />

says Thompson. “On one side is a clear<br />

breach of duty, [but] on the other is clearly<br />

a requirement.” You might have to tell<br />

Continued on page 28<br />

26<br />

nApFA Advisor deCember 2012


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Napfa Advisor DECEmber 2012 27


Financial Planning<br />

Continued from page 26<br />

your client that you can no longer follow<br />

his instructions and tell him, instead,<br />

that you believe he needs to follow your<br />

instructions. The client may be angry and<br />

may feel betrayed.<br />

The Response<br />

While it’s very unscientific, my<br />

experience with family members and<br />

clients as they are slipping into dementia<br />

is that the person becomes someone other<br />

than the person you’ve known, at least for<br />

a while. I’ve seen people with dementia<br />

initially express fear and concern because<br />

they are confused and forgetting things.<br />

Then, it seems common for them to go<br />

through some pretty major anger. They<br />

don’t like someone suggesting they’re not<br />

okay. At some point, paranoia often makes<br />

an appearance. They believe that people—<br />

possibly including you—are trying to get<br />

to their money and to deprive them of<br />

their freedom.<br />

Most of us wouldn’t take on a client<br />

who behaved this way. But when we’re<br />

dealing with a client with whom we have<br />

an established relationship, an immediate<br />

decision to walk away lacks compassion<br />

and professionalism. That being said, the<br />

planner has to protect herself as well as<br />

the client.<br />

Proactive is Better<br />

than Reactive<br />

Being proactive is better than being<br />

reactive. “Like a lot of issues that we<br />

work with, it’s what you could have done<br />

six months ago to make the situation<br />

better, rather than what we can do now to<br />

extricate yourself,” Thompson says.<br />

One important step is having a durable<br />

power of attorney (POA). Thompson<br />

prefers to have a POA that’s immediately<br />

activated, instead of a POA with a clause<br />

that activates on the incapacity of the<br />

client, because, generally, a doctor needs to<br />

certify incapacity. Sometimes, it’s urgent,<br />

so going through the process of a doctor’s<br />

certification can be a harmful delay. If there<br />

is a triggering mechanism in the POA,<br />

make sure you know what it is.<br />

As you advise clients who<br />

are establishing their estate plan,<br />

Thompson says, “Try to set forth all the<br />

considerations.” Give the pros and cons of<br />

immediate or springing powers, then let<br />

them decide (while being careful not to<br />

give legal advice).<br />

Planner Kenneth F. Robinson is a<br />

CFP ® and an attorney. His approach with<br />

clients “of a certain age” is to ask for<br />

permission to contact adult children if he<br />

notices memory issues. Some agree. But<br />

Robinson emphasizes the limitations of<br />

what an advisor can see and do. “We’re<br />

not as likely to see it as quickly,” Robinson<br />

says in regard to cognitive deterioration,<br />

“because we don’t see them as often.”<br />

“Like a lot of issues<br />

that we work with,<br />

it’s what you could<br />

have done six months<br />

ago to make the<br />

situation better,<br />

rather than what<br />

we can do now to<br />

extricate yourself.”<br />

-Troy E. Thompson, CFP®<br />

If the clients are multi-generational<br />

family members, advisors can inquire<br />

about the older client when they meet<br />

with other family members. “We act as<br />

fiduciaries, so our job is always to put the<br />

client first,” says Robinson, though he<br />

adds that these are situations in which it’s<br />

hard to know where fiduciary duty lies,<br />

and to which client.<br />

Your client contract can address this<br />

issue. Many advisors have a confidentiality<br />

clause, but you can also have a clause<br />

authorizing you to contact family or a<br />

trusted friend if you have concerns. Then<br />

you can have a list of emergency contacts<br />

for each client that is updated periodically.<br />

Avoidance<br />

After reading about these issues,<br />

you might think that the solution is to<br />

work only with younger clients. Not so.<br />

Dementia isn’t just a geriatric problem,<br />

and other diseases that are indiscriminant<br />

relative to age can affect cognitive<br />

abilities, too. Conditions such as bi-polar<br />

disorder and schizophrenia don’t always<br />

exhibit symptoms immediately and<br />

develop at different ages—sometimes<br />

quite suddenly. Issues such as alcoholism<br />

and addiction will sometimes have<br />

symptoms that can wreak havoc on<br />

financial and other aspects of a life. Even<br />

some of the drugs we see advertised on<br />

TV warn of side effects that can include<br />

irrational behaviors (not to mention hair<br />

loss and bad skin!). For those reasons,<br />

having emergency contacts for all clients<br />

can be a good protection for them, and<br />

doing so could prevent angst for you.<br />

Some less-than-optimal client<br />

behaviors are situational and temporary.<br />

For example, clients going through a<br />

divorce or the death of a spouse or other<br />

family member often will have trouble<br />

focusing and remembering things. They<br />

may make decisions that are not as wise<br />

as those they would make under normal<br />

circumstances. Our counsel in these<br />

situations can be a financial lifesaver, too.<br />

In our practice, my business partner<br />

and I work with many widows, as well<br />

as with divorcing individuals. Some of<br />

these professional relationships don’t<br />

survive the personal trauma. As much as<br />

we want to help them, they’re not in an<br />

emotional state that’s conducive to advice.<br />

At the recent <strong>NAPFA</strong> East Conference<br />

in Baltimore, wrap-up speaker Daniel<br />

Shapiro advised that, many times, the<br />

concerns of others can be addressed<br />

through showing appreciation for them.<br />

As simple as it sounds, showing we<br />

understand our clients, finding merit in<br />

their viewpoints, and communicating<br />

our concerns directly can make a huge<br />

difference.<br />

Worth It<br />

For many of us, having clients with<br />

“easy problems” doesn’t necessarily equal<br />

a full or rewarding practice. We are in a<br />

helping profession, which, by definition,<br />

means that some of our clients need<br />

quite a bit of help. Being prepared for<br />

the unfortunate contingency of cognitive<br />

impairment allows us to make a huge<br />

positive impact.<br />

Linda Leitz is a <strong>NAPFA</strong>-Registered<br />

Financial Advisor practicing in Colorado<br />

Springs, CO. She can be contacted at<br />

Linda@Brightleitz.com.<br />

28<br />

Napfa Advisor DECember 2012


Parnassus Mid-Cap Fund SM<br />

Seeking capital appreciation in an overlooked market-cap<br />

Parnassus Mid-Cap Fund SM<br />

PARMX<br />

PARNASSUS NEW<br />

TOTAL % RETURNS<br />

As of 9/30/12 3 Month YTD 1 Year 3 Year 5 Year<br />

Since<br />

Inception<br />

4/29/05<br />

Gross<br />

Expense<br />

Ratio a<br />

Parnassus Mid-Cap Fund 4.76 15.66 30.44 15.56 5.06 7.08 1.20 1.20<br />

Russell Midcap Index 5.59 14.00 28.03 14.26 2.24 6.93 NA NA<br />

Net<br />

Expense<br />

Ratio a<br />

All returns greater than one year are annualized.<br />

a<br />

As described in the Funds’ current prospectus dated May 1, 2012, Parnassus Investments has contractually agreed<br />

to limit the total operating expenses (exclusive of acquired fund fees and expenses) to 1.20% of the net assets of<br />

the Parnassus Mid-Cap Fund. These limitations continue until May 1, 2013, and may be continued indefinitely by the<br />

Adviser on a year-to-year basis.<br />

Performance data quoted represent past performance and are no guarantee of future returns. Current performance<br />

may be lower or higher than the performance data quoted, and the most recent month-end performance is available<br />

on the Parnassus website (www.parnassus.com). Investment return and principal will fluctuate so that an investor’s<br />

shares, when redeemed, may be worth more or less than their original principal cost. The Russell Midcap Index is a<br />

widely recognized indexes of common stock prices.An individual cannot invest directly in an index. An index reflects<br />

no deductions for fees, expenses or taxes. Returns shown for the Funds do not reflect the declaration of taxes a<br />

shareholder would pay on the fund distributions or the redemption of fund shares.<br />

Common stock prices fluctuate based on changes to a company’s financial condition and on overall market and economic<br />

conditions. Mid-cap companies can be particularly sensitive to changing economic conditions and have fewer financial<br />

resources than large-cap companies.<br />

The Parnassus Funds are underwritten and distributed by Parnassus Funds Distributor, a subsidiary of Parnassus<br />

Investments and a FINRA member.<br />

Before investing, an investor should carefully consider the investment objectives, risks, charges and<br />

expenses of the fund and should carefully read the prospectus or summary prospectus, which contains<br />

this information. A prospectus or summary prospectus can be obtained on the website, www.parnassus.<br />

com, or by calling (800) 999-3505.<br />

Napfa Advisor DECEmber 2012 29


Insurance Planning<br />

By Robert M. Barnes, CLU, ChFC, CWPP<br />

Understanding the Tax Impact of<br />

Employer-Owned Life Insurance<br />

Are you aware of the insurance<br />

regulations that went into effect<br />

in August 2006? Don’t be afraid<br />

to say “no,” as you certainly are not the<br />

only financial advisor who is unfamiliar<br />

with these important rules. And it’s not<br />

just advisors—insurance agents, attorneys,<br />

and accountants might be overlooking<br />

them, too. Yet not complying with the<br />

rules could cost your client a great deal<br />

of money by making the receipt of a life<br />

insurance benefit a taxable event.<br />

Federal rules for employer-owned<br />

life insurance (EOLI) can be found in the<br />

Internal Revenue Code, Section 101(j),<br />

which was finalized in 2006. It outlines<br />

when EOLI benefits would be taxed, and<br />

when they would be eligible for tax-free<br />

distribution just like other life insurance<br />

benefits. The rule also defines what a<br />

business owner must do to earn the taxexempt<br />

status. Basically, if a business<br />

owner purchased a policy after Aug. 17,<br />

2006, he or she is required to document,<br />

disclose, and report the purchase. If the<br />

disclosure rules (explained below) are not<br />

met, the death benefit will not be exempt<br />

from taxation.<br />

How did we get here? In the 1980s<br />

and ‘90s, a large number of employers,<br />

including Wal-Mart, purchased life<br />

insurance on most, or all, of their<br />

employees (hence the policies’ nickname<br />

of “janitor insurance”). The companies<br />

were the beneficiaries of the policies. They<br />

borrowed money to purchase the policies<br />

and deducted interest on the loans. It was<br />

easy money.<br />

Lawsuits were filed and won by<br />

certain front-line employees who argued<br />

that they lacked insurable interest,<br />

especially if the policies were maintained<br />

after they left their employer. Some<br />

companies were required to pay the life<br />

proceeds to the deceased employees’<br />

families, and some settlements included<br />

additional penalties.<br />

In the aftermath, laws were put in<br />

place to regulate EOLI transactions. The<br />

regulations now include definitions of<br />

insurable interest and other minimum<br />

requirements that are necessary for<br />

employers to insure an employee while<br />

maintaining a tax-free benefit status.<br />

The Rules<br />

Under current law, a transaction as<br />

simple as a sole owner of an S-corporation<br />

buying “key man” coverage on his life<br />

will trigger compliance requirements.<br />

Even when the insurance purchase does<br />

qualify under IRC Section 101(j), a<br />

business owner might find that owning<br />

insurance individually will be easier.<br />

Complying with the EOLI rules<br />

and guidelines begins by understanding<br />

the three-step notice and consent<br />

requirements:<br />

• Disclosure. The employee must<br />

receive notice that the employer will<br />

be purchasing life insurance and will<br />

be the primary beneficiary of the<br />

policy. The notice must also identify<br />

the maximum amount of coverage to<br />

be placed on the employee.<br />

• Documentation. The employee must<br />

agree in writing to be insured and to<br />

allow the employer to retain coverage<br />

beyond his employment era.<br />

• Reporting. The employer must file<br />

IRS Form 8925 annually.<br />

One more important point: EOLI<br />

death benefits are taxable to the extent<br />

the death benefit exceeds premiums paid.<br />

However, the death benefit becomes<br />

tax-free if the employer complies with<br />

the EOLI notice, consent, and reporting<br />

requirements of Section 101(j), AND if the<br />

employee fits one of the safe harbor rules<br />

created by this legislation. Here are the<br />

four safe harbors:<br />

• The insured is a highly compensated<br />

employee who fits into at least one<br />

of the following categories:<br />

° A director,<br />

° A five-percent or greater<br />

owner,<br />

° Received compensation in<br />

excess of $115,000 in 2012<br />

(adjusts for inflation),<br />

° One of the five highestpaid<br />

officers, or among the<br />

highest-paid 35 percent of all<br />

employees.<br />

• The insured is an employee within<br />

one year of death.<br />

• The death benefit is paid to the<br />

insured’s personal beneficiary,<br />

which can include: a member of<br />

the insured’s immediate family;<br />

a trust for which the insured is a<br />

beneficiary; or the estate of the<br />

insured.<br />

• The proceeds are used to purchase an<br />

interest in the business.<br />

It is also important to mention that a<br />

“material change” to a policy purchased<br />

prior to implementation of the regulations<br />

could trigger the need to comply with the<br />

EOLI requirements as a “new” contract.<br />

Furthermore, the employee’s consent must<br />

be made before the policy is “issued.” In<br />

2009, the IRS published Notice 2009-48,<br />

which further defined the term “issued”<br />

as the later of: 1) the date of application<br />

for coverage; 2) the effective date of<br />

coverage; or 3) the date of formal issuance<br />

of the contract.<br />

As with many laws that are relatively<br />

new, this one has not been extensively<br />

Continued on page 32<br />

30<br />

Napfa Advisor DECember 2012


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nApFA Advisor deCember 2012 31


Insurance Planning<br />

Continued from page 30<br />

tested in the court system, so there are still<br />

some uncertainties about who is affected.<br />

From the perspective of a business<br />

owner, the specific definition of “material<br />

change” could be better-defined. Also,<br />

there appears to be no method of “fixing”<br />

a violation if an employer failed to comply<br />

on purchases or material changes made<br />

after Aug. 17, 2006. Interpretations of the<br />

law indicate that an employer might be<br />

able to rewrite the coverage if it’s a term<br />

policy, or perhaps use a 1035 exchange<br />

Micro-Cap Companies<br />

Our Future<br />

Shouldn’t everyone own some?<br />

The Perkins Discovery Fund<br />

The Perkins Discovery Fund uses a combination of fundamental analysis<br />

and technical chart analysis in a “bottom-up” investment style that focuses<br />

on micro-cap companies in its search for long-term appreciation.<br />

Please call for additional information<br />

(800) 998-3190 PDFDX www.perkinscap.com<br />

Average Annualized Total Returns as of September 30, 2012<br />

Inception<br />

Date<br />

Perkins Discovery Fund 04/09/98<br />

DJ Wilshire U.S. Micro-Cap Index<br />

Russell 2000 Index<br />

NASDAQ Composite Index<br />

S&P 500 Index<br />

Gross Expense Ratio - 2.49% Net Expense Ratio - 2.01% 1<br />

Performance data quoted represents past performance; past performance does not guarantee<br />

future results. The investment return and principal value of an investment will fl uctuate so that<br />

an investor’s shares, when redeemed, may be worth more or less than their original cost. Current<br />

PERKINS HALF<br />

performance of the fund may be lower or higher than the performance quoted. Performance data<br />

current to the most recent month end may be obtained by calling 1-800-998-3190. The fund imposes<br />

a 1.00% redemption fee on shares held less than 90 days. Performance data quoted does not refl ect<br />

the redemption fee. If refl ected, total returns would be reduced. Investment performance for the<br />

fund reflects fee waivers in effect. In the absence of such waivers, total return would be reduced.<br />

1<br />

The adviser has contractually agreed to cap expenses to 2.00% indefinitely.<br />

The fund’s investment objectives, risks, charges and expenses must be considered carefully<br />

before investing. The Statutory and Summary Prospectuses contain this and other important<br />

information about the investment company, and may be obtained by calling 800-366-8361,<br />

or visiting www.perkinscapital.com. Read carefully before investing.<br />

Small-capitalization companies tend to have limited liquidity and greater price volatility than<br />

large-capitalization companies. The fund invests in micro-cap and early stage companies<br />

which tend to be more volatile and somewhat more speculative than investments in more<br />

established companies. As a result, investors considering an investment in the Fund should<br />

consider their ability to withstand the volatility of the Fund’s net asset value associated with<br />

the risks of the portfolio.<br />

The Dow Jones Wilshire U.S. Micro-Cap Index is formed by taking the 2,500 smallest<br />

companies, as measured by market capitalization, of the Dow Jones Wilshire 5000 Index.<br />

The Russell 2000 Index is composed of the 2,000 smallest companies in the Russell 3000 Index,<br />

and is widely regarded in the industry as the premier measure of small-cap stocks. The S&P 500<br />

Index is a broad based unmanaged index of 500 stocks widely recognized as representative of the<br />

equity market. The NASDAQ Composite Index is a broad-based capitalization-weighted index of<br />

all NASDAQ national market and small-cap stocks. One cannot invest directly in an index.<br />

Quasar Distributors, LLC, Distributor<br />

Since<br />

Inception<br />

10 year 5 year 3 year 1 year<br />

10.61% 10.94% -1.94% 8.67% 19.81%<br />

7.48% 11.03% 0.68% 10.34% 35.87%<br />

5.29% 10.17% 2.21% 12.99% 31.91%<br />

3.78% 10.27% 2.90% 13.66% 29.02%<br />

3.67% 8.01% 1.05% 13.20% 30.20%<br />

with a larger death benefit if permanent<br />

insurance is involved. However, these<br />

areas could use more clarity, even though<br />

the IRS issued its interpretation guidelines<br />

in 2009.<br />

Impact on Advisors<br />

The question a financial advisor needs<br />

to answer is: What is my professional<br />

obligation in EOLI transactions? Best<br />

practices suggest that advisors working<br />

with business owners need to report the<br />

details to both the individual’s attorney<br />

and accountant, as well as to the attorney,<br />

accountant, and CFO of the business<br />

(depending on the size of the business).<br />

The attorney (not the advisor) should draft<br />

the consent form, and the accountant is<br />

required to file the IRS Form 8925.<br />

One way that an advisor can facilitate<br />

the process is to develop an EOLI kit,<br />

and my firm has developed such a<br />

checklist. I send my EOLI kit by e-mail<br />

to all relevant parties involved with a<br />

reply-request to confirm their receipt and<br />

acknowledgement of the information. (For<br />

a copy of the kit, send an e-mail to Robert<br />

Barnes at rob@intinsconsulting.com, with<br />

“EOLI Kit” in the subject line.)<br />

While getting involved in<br />

EOLI notification does create some<br />

complications for advisors, the upside<br />

is worth the effort. It’s an opportunity<br />

to create new relationships by calling<br />

a client’s attorney and accountant. It’s<br />

an opportunity to show a client that the<br />

advisor is on top of important issues<br />

and that he or she can work with the rest<br />

of the client’s financial and legal team.<br />

Finally, it’s important that the advisor<br />

work with an insurance partner to provide<br />

all of the facts about clients who are<br />

business owners, in order to assure a<br />

client’s needs are being met and that<br />

everyone is in compliance with the law.<br />

Robert M. Barnes, CLU, ChFC,<br />

CWPP, is president of Integrated<br />

Insurance Consulting, LLC, a <strong>NAPFA</strong><br />

Resource Partner. He specializes in the<br />

use of life insurance for business and<br />

estate planning. He can be reached at<br />

708.307.2577 or Rob@intinsconsulting.<br />

com.<br />

32<br />

Napfa Advisor DECember 2012


SENTSABLES FULL<br />

Napfa Advisor DECEmber 2012 33


eye on... social engagement<br />

by Jim blankenship<br />

getting serious About blogging<br />

With all of the social engagement<br />

applications available these<br />

days, including blogs, Twitter,<br />

Facebook, Google+, and others, the average<br />

guy or gal on the block has unprecedented<br />

access to amazing mass communication<br />

options. I’ve been blogging, tweeting, etc.,<br />

for several years now, and I’ve thought for<br />

a long time that these tools could be put to<br />

use to improve society, rather than just for<br />

sending funny cat photos to one another.<br />

With this in mind, I started thinking<br />

about how the savings rate in the United<br />

States is abysmal these days, somewhere<br />

less than 5 percent according to the<br />

latest data. I’ve been a part of “blogger<br />

movements” as a contributor in the past,<br />

so I thought it might be a good idea to<br />

start a movement of my own.<br />

In early November 2012, I launched<br />

a movement among my fellow financial<br />

bloggers to encourage all Americans<br />

to add at least 1 percent more to their<br />

retirement savings for the coming year.<br />

Knowing that most large corporations<br />

enter into their annual benefits enrollment<br />

cycle during November, I figured this was<br />

the perfect month to stage the movement.<br />

I knew that beginning from scratch<br />

would be an uphill climb, but I also<br />

knew that my fellow <strong>NAPFA</strong> and Garrett<br />

Planning Network brethren and sistren (Is<br />

sistren a real word? Youbetcha!) would<br />

come through to help. And help they did!<br />

The result is that we’ve had a total of<br />

23 bloggers who’ve written articles that<br />

encourage a minimal increase to savings—<br />

including advice on ways to “find” the<br />

extra 1 percent or more. This talented<br />

group has written some great articles with<br />

many wonderful ideas and encouragement.<br />

We’re still tallying the numbers, but at<br />

last count these articles have been seen by<br />

more than 168,000 blog readers, as well as<br />

10,000-plus Twitter, LinkedIn, Google+,<br />

and Facebook followers.<br />

I plan to keep a close eye on the<br />

national savings rate over the coming year;<br />

for the record, it was 3.3 percent as of<br />

September 2012. I don’t feign to imagine<br />

that we’ve actually made a measurable<br />

difference, but maybe, just maybe.<br />

The other thing that has happened<br />

through all of this has been great interaction<br />

with other financially oriented writers<br />

who I may not have come in contact with<br />

otherwise. I’ve met new people, made new<br />

contacts, and have learned a lot. It’s early<br />

in the process, but at this point I intend to<br />

continue with this movement again next<br />

November, and I already have a great start<br />

with the contacts I’ve made.<br />

Jim Blankenship, CFP ® , EA is a<br />

<strong>NAPFA</strong> member in New Berlin, IL. His blog<br />

is www.FinancialDucksInaRow.com, and his<br />

e-mail is jim@blankenshipfinancial.com.<br />

<strong>NAPFA</strong> ADVIS R<br />

mAgAZine<br />

FOR SINGLE ARTICLE<br />

REPRINTS<br />

Contact Ric Haines<br />

Publisher & Director of Magazine Operations<br />

ric.haines@erhassoc.com<br />

Phone: 732.920.4236<br />

34<br />

nApFA Advisor deCember 2012


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What I got was<br />

a culture of absolutely.<br />

At TD Ameritrade Institutional, advisors are at the center<br />

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So if you want to talk about your business, hammer out<br />

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TD Ameritrade Institutional, Division of TD Ameritrade, Inc., member FINRA/SIPC/NFA. TD Ameritrade<br />

is a trademark jointly owned by TD Ameritrade IP Company, Inc., and The Toronto-Dominion Bank.<br />

©2012 TD Ameritrade IP Company, Inc. All rights reserved. Used with permission.<br />

nApFA Advisor deCember 2012 35


Kevin Adler, kadler2@earthlink.net<br />

In the Limelight<br />

Former <strong>NAPFA</strong> Chair Tom Orecchio<br />

was named one of the six recipients of the<br />

Financial Planning Magazine “Industry<br />

Contributor” Influencer Award. He was<br />

commended for his service to the industry,<br />

especially his key role in bringing together<br />

the leadership of FPA and the CFP Board<br />

to work together on consumer-related<br />

issues in the wake of the financial crisis<br />

that began in fall 2008.<br />

Tom Nowak, CFP ® reports that a<br />

portfolio based on the ideas in his book,<br />

Low-Fee, Socially Responsible Investing,<br />

has been set up on Motif Investing<br />

(motifinvesting.com). Hardeep Walia, cofounder<br />

and CEO of Motif Investing, was<br />

a speaker at the <strong>NAPFA</strong> East Conference<br />

in November 2012 (see Conference<br />

Review on pages 14-16 of this issue of the<br />

Advisor).<br />

Rick Rodgers told the Altoona (PA)<br />

Mirror newspaper on Nov. 4 that many<br />

people can reduce the cost of their auto<br />

insurance by taking simple steps such as<br />

shopping around for quotes, combining<br />

auto and homeowners’ policies with the<br />

same company, or raising their deductible.<br />

Stan and Hildy Richelson contributed<br />

an article to the AAII Journal’s October<br />

2012 issue, “Using Bonds Instead of<br />

Stocks for Portfolio Income.” Their advice<br />

in a nutshell: “We don’t buy bonds for<br />

capital appreciation, though investors who<br />

purchased them in 2008-2011 have seen<br />

a lot of appreciation. We recommend that<br />

you purchase them for cash flow. Create a<br />

bond paycheck for yourself to support you<br />

in whatever you choose to do.” Their article<br />

generated more than 20 online comments.<br />

RegentAtlantic donated $5,000 and<br />

served as a lead sponsor for the Community<br />

Soup Kitchen of Morristown, NJ, for<br />

its 2012 Hunger Walk. RegentAtlantic<br />

publicized the event through its website,<br />

helping to raise publicity for the event,<br />

which attracted nearly 1,000 participants.<br />

In talking with the Wall Street<br />

Journal on Nov. 23 about the security of<br />

investors’ accounts, Owen Murray said<br />

that investors are probably unaware of<br />

the difference between setting up a cash<br />

account and a margin account with a<br />

broker-dealer that is holding their money.<br />

The cash account is safer because the<br />

margin account can possibly be used<br />

as collateral by the firm if it gets into<br />

financial trouble.<br />

Stewart Welch III, CFP, AEP,<br />

contributed a blog posting to the online<br />

publication of the Birmingham News about<br />

long-term care insurance. He said that<br />

people who currently have LTC policies<br />

should probably keep them, despite the<br />

steep rate increases they are facing now<br />

and will be likely to incur in the future.<br />

Welch’s reasoning is that dropping<br />

coverage and then seeking it later will<br />

likely expose a person to even higher rates<br />

or more restrictive coverage.<br />

David Blain, Wallace Larson,<br />

Jennifer Murray, and Roger Pine talked<br />

with the Wall Street Journal in early<br />

December about stocks that could be<br />

purchased for kids as holiday presents.<br />

Blain suggested the Vanguard Total<br />

International Stock Index Fund, in order<br />

to show youngsters that the world is a<br />

<strong>NAPFA</strong> is grateful to all of the advertisers for their support of <strong>NAPFA</strong> and<br />

the <strong>NAPFA</strong> Advisor. However, readers should understand that <strong>NAPFA</strong> can undertake<br />

no duty to perform due diligence about the claims and promises made by advertisers.<br />

Furthermore, admission of a company as an advertiser in the Advisor does not constitute<br />

an endorsement of its services or products by <strong>NAPFA</strong>. Readers should perform their<br />

own due diligence on any products or services that they use or recommend to their<br />

clients. Nevertheless, an advertiser is expected to advertise only services and products<br />

that have economic viability and that fully comply with applicable law and <strong>NAPFA</strong>’s<br />

professional standards.<br />

global economy. Larson and Murray<br />

recommended the Vanguard Total Stock<br />

Market Index Fund for its low cost<br />

and broad exposure, both valuable for<br />

presumably long-term investors. However,<br />

both Vanguard funds have $3,000<br />

investment minimums. Pine suggested<br />

energy stocks or companies that serve the<br />

energy industry, like oil pipelines.<br />

In December, <strong>NAPFA</strong> Chair Lauren<br />

Locker spoke with the Fiscal Times about<br />

consumers’ confusion about the difference<br />

between Fee-Only and fee-based advisors.<br />

<strong>NAPFA</strong> was prominently mentioned in the<br />

article.<br />

Diahann Lassus, CFP ® , CPA/PFS<br />

participated in the “How Women Lead”<br />

seminar at the U.S. Chamber of Commerce<br />

in Washington, DC, on Nov. 13.<br />

Advertisers In This Issue<br />

Artio Global Management....Inside front<br />

Centsables............................................. 33<br />

Clayton Capital Partners...................... 16<br />

Jefferson National................. Inside back<br />

Low-Load Insurance.............................. 7<br />

<strong>NAPFA</strong> Consumer Education Foundation...26<br />

New Direction IRA.............................. 27<br />

Paradigm................................................. 2<br />

Parnassus............................................... 29<br />

Perkins................................................... 32<br />

Ryan Insurance....................................... 4<br />

Select Sectors SPDRs........... Back cover<br />

Sincere & Co./Marketfield.............20-21<br />

Sierra................................................12-13<br />

Sunwest Trust......................................... 1<br />

T Rowe Price........................................ 23<br />

TD Ameritrade Institutional................ 35<br />

YieldQuest.............................................. 9<br />

36<br />

Napfa Advisor DECember 2012


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Napfa Advisor DECEmber 2012 37


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The S&P 500, SPDRs, and Select Sector SPDRs are trademarks of The McGraw-Hill Companies, Inc. and have been licensed for use. The stocks included in each Select Sector Index<br />

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ALPS 38 Distributors,<br />

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