Why the ‘Father of the 401k’ Now Says He’d ‘Blow Up’ His Own Creation

Category: Wealth Strategy
January 2, 2020
Written by: Steven Gibbs | Last Updated on: February 23, 2026
Fact Checked by Jason Herring and Barry Brooksby (licensed insurance experts)

Insurance and Estates, a strategic life insurance provider composed of life insurance professionals, is committed to integrity in our editorial standards and transparency in how we receive compensation from our insurance partners.

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About the Author

Steve Gibbs, JD, AEP® is CEO and Co-Founder of Insurance and Estate Strategies LLC. With 15+ years of estate planning experience as a licensed attorney in multiple states, Steve specializes in strategic life insurance design and wealth transfer strategies. He holds the prestigious AEP® certification for multi-disciplinary estate planning expertise and is a Penn Mutual Century Club award recipient.

TL;DR – Key Takeaways

The Bottom Line: After 35+ years of real-world data, the 401k has significant structural problems that weren’t apparent when it launched. While employer matching provides real value — especially in the early years — the disadvantages often outweigh the advantages for participants who want control, liquidity, and tax efficiency.

  • Major Problems: Market volatility with no downside protection, ordinary income tax rates on all withdrawals, early access penalties, hidden fees averaging 1-3.5% annually, and mandatory distributions starting at age 73
  • When 401k Makes Sense: Contributing enough to capture the full employer match is usually worthwhile — it’s an immediate return on your money. Beyond the match, the math gets less compelling.
  • Better Alternatives Exist: Cash value whole life insurance offers tax-free access, guaranteed growth, and no government restrictions — advantages the 401k simply can’t match
  • Expert Consensus: Even Ted Benna, the “Father of the 401k,” now says he would “blow up the existing structure and start over”
Why trust this guide? Insurance & Estates was founded in 2017 by Steve Gibbs, JD, AEP® and Jason Kenyon, Esq. — both estate planning attorneys with a combined 30+ years in financial services. We’ve helped hundreds of clients evaluate whether to continue, modify, or redirect their 401k strategy. We’re independent — not affiliated with any 401k plan provider — which means we can give you an honest assessment rather than defending a system we profit from. See our Trustpilot reviews →

401k Pros and Cons: What 35 Years of Data Actually Shows

Having already written a comprehensive article on 401k withdrawal rules, this article focuses specifically on 401k pros and cons, including the historical context and why virtually all working-class Americans participate in these plans.

The primary question we’ll answer throughout this analysis is whether the 401k plan represents a wise investment strategy or if it’s fundamentally flawed in ways that harm participants’ long-term financial security.

Why Financial Institutions Love the 401k

Before diving into the pros and cons analysis, it’s important to understand the business model that drives 401k promotion. Financial institutions have a significant financial incentive to encourage 401k participation that goes beyond helping you build wealth.

When you contribute to a 401k plan, financial institutions receive your money and the government’s tax deferral upfront. Since 401k contributions are made with pre-tax dollars, the tax savings create additional investable capital that benefits the financial institution immediately, while you won’t see your money again for potentially decades.

During that time, these institutions generate revenue through management fees, administrative costs, and investment returns on assets under management. You, meanwhile, bear all the market risk while paying fees that compound over time.

Key Insight: The 401k system creates a scenario where financial institutions get guaranteed revenue streams while participants assume all the investment risk and pay increasing fees over time.

401k Pros and Cons Overview

The 401k plan has been marketed as the cornerstone of American retirement planning for over three decades. However, with 35+ years of performance data now available, we can objectively evaluate whether these plans deliver on their promises.

The reality is more complex than the typical financial services marketing suggests. While 401k plans do offer some legitimate benefits, they also carry significant disadvantages that weren’t fully understood when the system was first implemented.

This analysis examines both sides objectively. We believe in telling you the truth about both the strengths and weaknesses so you can make an informed decision about your own retirement strategy.

401k Pros: The Real Benefits

To provide a balanced analysis, let’s first examine the legitimate advantages of 401k participation. These benefits are real, and for some people in certain circumstances, they make 401k participation the right choice.

Employer Matching — The Strongest Argument for Participation

The employer match is the single most compelling reason to participate in a 401k plan, and we won’t sugarcoat it: capturing the full employer match is usually worthwhile.

According to Vanguard’s 2025 How America Saves report, the average employer match is 4.6% of pay. For an employee earning $75,000, that’s $3,450 per year in additional compensation — money you lose entirely if you don’t contribute enough to capture the full match.

Over time, these matching contributions add up significantly:

Scenario ($75k salary, 4.6% match, 7% return) Without Match With Match
After 10 years $47,700 $95,400
After 20 years $141,400 $282,800
After 30 years $326,600 $653,200

Hypothetical example assumes constant salary, consistent contributions, and 7% annual return. Actual results will vary. Does not account for taxes on withdrawal or fees.

Our recommendation: Contribute at least enough to capture the full employer match. It’s an immediate return on your money that no other investment can replicate. The question is what to do with dollars beyond the match — and that’s where the story changes.

Other Legitimate Benefits

The financial services industry promotes several additional 401k advantages, and some are genuinely useful:

  • Tax Deferral: Your contributions reduce current taxable income, which provides real value — though the benefit depends heavily on whether you’ll be in a lower tax bracket in retirement (more on that below)
  • Forced Savings Discipline: Automatic payroll deduction creates a “set it and forget it” mechanism that helps people who struggle with savings discipline
  • High Contribution Limits: For 2025, you can contribute up to $23,500 ($31,000 if over 50), which is significantly higher than IRA limits
  • Creditor Protection: 401k assets receive strong federal creditor protection under ERISA
Key Takeaway: The 401k does offer real benefits — particularly the employer match and creditor protection. The question isn’t whether these benefits exist, but whether the total package — including the significant downsides — serves your long-term interests better than available alternatives.

When the 401k Actually Makes Sense

We’d be doing you a disservice if we didn’t acknowledge the situations where 401k participation is the right call:

  • You have an employer match and haven’t maxed it out. Contribute at least enough to capture the full match. Period. This is the closest thing to “free money” in financial planning.
  • You have no savings discipline. The automatic payroll deduction forces you to save. If the alternative is spending everything you earn, the 401k’s forced structure has real value — even with its flaws.
  • You’re in a high tax bracket now and genuinely expect to be in a lower one in retirement. If you’re earning $300k now and expect to live on $80k in retirement, the tax deferral math works in your favor.
  • You need creditor protection. ERISA protection for 401k assets is among the strongest available. If you’re in a profession with high liability exposure and haven’t addressed asset protection through other means, this matters.

The critical question is: what about dollars beyond the match? Once you’ve captured the employer match, every additional dollar you contribute accepts all seven problems listed below without the offsetting benefit of “free money.” For many people, those additional dollars work harder in alternative vehicles that provide more control, better tax treatment, and guaranteed growth.

Our Approach: We don’t tell clients to abandon their 401k entirely. We help them build a strategy that captures the employer match, then redirects additional savings into vehicles that provide what the 401k can’t — liquidity, control, guaranteed growth, and tax-free access. This is the strategy most wealthy families use, and it’s available to anyone willing to think beyond conventional advice.

401k Cons: Seven Critical Problems

Now that we’ve given the 401k its due credit, let’s examine the substantial drawbacks that have become apparent after decades of real-world implementation. These problems weren’t fully understood when the 401k system launched, but the data is now clear.

Even Ted Benna, widely considered the “Father of the modern 401k,” has acknowledged these issues. In a candid assessment of his creation, Benna stated he would “blow up the existing structure and start over.”

Problem #1: Market Unpredictability and Risk

The first major issue with 401k plans is the inherent unpredictability of market-based returns. This volatility creates significant problems for retirement planning that become more severe as you approach and enter retirement.

Consider the historical performance of the S&P 500 index, which many 401k plans track or attempt to outperform (though most actively managed funds actually underperform by 2% annually):

Decade Inflation-Adjusted Return Key Events
1960s +5.6% Steady growth, moderate volatility
1970s -1.4% Stagflation, oil crisis — a lost decade
1980s +11.0% Bull market recovery
1990s +14.0% Dot-com boom
2000-2010 -0.9% Dot-com crash + 2008 financial crisis — another lost decade
2010-2020 +11.2% Longest bull market in history

This data reveals a critical problem: you cannot predict your portfolio value with any degree of accuracy. Two of the six decades shown delivered negative inflation-adjusted returns. If either of those lost decades coincides with your retirement window, the consequences can be devastating.

Critical Issue: If you’re 55-65 years old when the market crashes by 37-40%, you may never fully recover. The traditional advice to “ride out the storm” doesn’t work when you need the money for retirement. This is known as sequence of returns risk, and the 401k offers zero protection against it.

There are alternatives that provide guaranteed minimum returns with upside potential, such as dividend-paying whole life insurance, which eliminates the unpredictability while maintaining growth potential.

Problem #2: Tax Consequences on Withdrawals

The second major flaw in the 401k system relates to taxation. Most people are sold on the concept of “tax deferral” without understanding the long-term implications, which often work against the participant’s interests.

There are two critical tax issues that make 401k plans less attractive than commonly presented:

Higher Tax Rates on Ordinary Income

When you withdraw money from your 401k, every dollar is taxed as ordinary income rather than the more favorable capital gains rates. This creates a significant disadvantage compared to direct investing.

Tax Treatment Current Rates Applied To
Capital Gains (long-term) 0%, 15%, 20% Direct stock investments held 1+ year
Ordinary Income 10% to 37% All 401k withdrawals
Life Insurance Policy Loans 0% Cash value access via loans

Future Tax Rates Will Likely Be Higher

The assumption that you’ll be in a lower tax bracket in retirement is increasingly questionable:

  • Government Debt: Rising national debt creates pressure for tax rate increases across all brackets
  • Fewer Deductions: Retirees typically have fewer tax write-offs than working professionals
  • Successful Saving: If you save successfully, your retirement income may actually be higher than your working income — especially with RMDs forcing withdrawals
  • Tax Cut Expiration: Many provisions of the Tax Cuts and Jobs Act are set to expire, which could push rates higher
Key Takeaway: While tax deferral sounds beneficial, the reality is that most 401k participants end up paying ordinary income tax rates on all withdrawals — rates that may be higher in the future than they are today. Compare this to tax-free policy loans from properly structured life insurance.

Problem #3: Early Access Penalties

The third major problem with 401k plans is the severe penalties for early access to your own money. The government charges a 10% penalty for accessing 401k funds before age 59.5, in addition to regular income taxes.

Real-World Penalty Example

Consider a 55-year-old who needs $25,000 for a legitimate purpose — a business opportunity, family emergency, or job transition.

Penalty Breakdown for $25,000 Need:

  • Required 401k withdrawal: ~$42,000
  • Federal income tax (25%): ~$10,500
  • State income tax (varies): ~$2,500
  • Early withdrawal penalty (10%): ~$4,200
  • Total cost to access $25,000: ~$17,200 in taxes and penalties

If the same person had a properly structured cash value life insurance policy with paid-up additions, they could access $25,000 through a policy loan with no penalties, no taxes, and their cash value continues growing as if they hadn’t taken the loan.

Critical Point: The 401k system forces you to pay significant taxes and penalties to access your own money early, while alternatives like properly structured whole life insurance provide complete liquidity without penalties or taxes.

Problem #4: Hidden Fees That Compound Over Time

The fourth major issue with 401k plans is the complex web of hidden fees that can consume a significant portion of your investment returns over a lifetime. According to research firm Demos, fees can cost a median-income two-earner family nearly $155,000 over a lifetime.

The fee structure typically includes multiple layers of charges:

Fee Type Typical Range Annual Impact on $100k
Expense Ratio 0.5% – 2.0% $500 – $2,000
Administrative Fees 0.3% – 0.8% $300 – $800
Other Fees 0.2% – 0.7% $200 – $700
Total Annual Fees 1.0% – 3.5% $1,000 – $3,500

The Department of Labor’s own example demonstrates how a 1% difference in fees results in a 28% difference in final account value over 35 years. When you add taxes on withdrawal, your effective return drops further — often barely keeping pace with inflation.

Problem #5: Required Mandatory Distributions (RMDs)

At age 73, you must begin taking Required Minimum Distributions and paying taxes on them — whether you need the money or not. This requirement exists because the government wants to collect the taxes they’ve been deferring for decades.

Age Required Distribution % $500k Account Withdrawal
73 3.65% $18,250
80 5.35% $26,750
90 8.77% $43,850

If you fail to take your required distribution, the IRS imposes a penalty on the amount you should have withdrawn. In contrast, those who use life insurance for retirement planning never face mandatory distributions — maintaining complete control over when and how to access their money.

Problem #6: Vesting and Portability Issues

While your own contributions are always 100% vested, employer matching funds typically follow a vesting schedule that can span several years. If you leave your job before becoming fully vested, you forfeit a portion or all of the employer contributions.

Years of Service Cliff Vesting Graded Vesting
1 0% 20%
2 0% 40%
3 100% 60%
4 100% 80%
5 100% 100%

The Bureau of Labor Statistics reports that median employee tenure is just 3.9 years. This means many workers never reach full vesting, particularly with cliff vesting schedules.

Problem #7: The Salary Reduction Reality

Every dollar you contribute to a 401k is a dollar you can’t use today. While saving is essential, the 401k’s rigid structure means you’re exchanging current financial flexibility for uncertain future benefits — with severe penalties if your plans change.

This creates real opportunity costs:

  • Business investments: Unable to fund promising opportunities due to locked-up capital
  • Real estate deals: Missing investments that require quick action and cash availability
  • Family needs: Can’t help children with education or home purchases without penalties
  • Emergency response: Forced to pay 10% penalty plus taxes to access your own money in a crisis
Key Takeaway: The 401k requires you to sacrifice current financial flexibility for uncertain future benefits. Alternatives like becoming your own banker allow you to build wealth without giving up control or liquidity.

Better Alternatives to Consider

Now that we’ve examined both the benefits and the significant problems with 401k planning, let’s discuss alternatives that address these issues while providing better long-term results.

The Strategy: Capture the Match, Then Redirect

We don’t recommend abandoning your 401k entirely. The smart approach is a two-part strategy:

Step 1: Contribute enough to capture the full employer match. This is an immediate, guaranteed return that’s hard to beat.

Step 2: Redirect additional savings into vehicles that provide what the 401k can’t — control, liquidity, guaranteed growth, and tax-free access.

Cash Value Whole Life Insurance: Addressing Every 401k Problem

Properly structured cash value whole life insurance addresses every major problem we’ve identified:

Problem 401k Whole Life Insurance
Market Risk 100% market exposure Guaranteed growth + dividends
Tax on Access Ordinary income tax on all withdrawals Tax-free access via policy loans
Early Access 10% penalty + taxes before 59.5 No penalties or taxes at any age
Mandatory Distributions Required at age 73 Never required
Fees Hidden, complex, 1-3.5% annually Transparent, built into policy design
Death Benefit Account value only (taxable to heirs) Tax-free death benefit
Control Government restrictions, limited investment choices Complete control over access and usage

The Infinite Banking Concept: Taking It Further

Taking the life insurance strategy further, becoming your own banker through the Infinite Banking Concept allows you to finance your own purchases, build wealth continuously (your money grows even when borrowed against), maintain complete control without government restrictions, and create a tax-free family legacy for your heirs.

For a detailed comparison of 401k alternatives including the 7702 plan vs 401k, see our comprehensive guide.

Other Strategies Worth Considering

Depending on your situation, other alternatives may also be appropriate:

Understanding Opportunity Cost

One of the most significant but invisible problems with 401k plans is the opportunity cost of locking your money away for decades. You’ll never see what you could have accomplished with that capital if you had maintained control and liquidity.

Most wealthy individuals didn’t build their fortunes through 401k contributions. They used strategies that provided control, leverage, and the ability to act on opportunities as they arose — business ownership, real estate investment, and strategic use of life insurance.

Wealth Reality Check: The 401k system’s fundamental assumption is that passive, long-term stock market investing will outperform active wealth-building strategies. But most wealthy families use a combination of strategies — capturing the 401k match while deploying additional capital into vehicles they control.

Conclusion: Making an Informed Decision

After examining 35+ years of real-world data, the evidence suggests that the 401k plan has significant structural problems that benefit financial institutions more than participants.

But the answer isn’t necessarily to abandon the 401k entirely. The smart approach is:

  1. Capture the employer match. It’s free money — take it.
  2. Understand the seven problems. Market risk, tax treatment, penalties, fees, RMDs, vesting, and opportunity cost are real issues that affect your long-term wealth.
  3. Redirect additional savings into vehicles that provide control, liquidity, guaranteed growth, and tax-free access.
  4. Work with an advisor who isn’t invested in the 401k system. Most financial advisors earn fees from assets under management — they have every incentive to keep your money in a 401k. An independent advisor can show you alternatives.

Ready to Build a Smarter Retirement Strategy?

If you’re contributing beyond the employer match and want to explore strategies that provide more control, better tax treatment, and guaranteed growth, we can help. We’ll show you exactly how whole life insurance and the Infinite Banking Concept can work alongside your existing 401k — not replace it — to build a retirement plan that doesn’t depend on market performance or government rules.



Learn the strategies wealthy families use to build and preserve wealth beyond the traditional 401k system.

Frequently Asked Questions

Should I contribute to my 401k at all?

Yes — contribute at least enough to capture the full employer match. The average employer match is 4.6% of pay according to Vanguard, which represents an immediate return on your contribution. Beyond the match, the math becomes less compelling due to ordinary income tax treatment on withdrawals, early access penalties, hidden fees, and mandatory distributions. For dollars beyond the match, consider alternatives like properly structured whole life insurance that offers tax-free access, guaranteed growth, and no government restrictions.

What are the main disadvantages of 401k plans?

The seven major problems are: market unpredictability with no downside protection, ordinary income tax rates on all withdrawals (instead of lower capital gains rates), 10% penalties for early access before age 59.5, hidden fees that can consume 1-3.5% annually, mandatory distributions starting at age 73, vesting schedules that limit job flexibility, and opportunity costs from locked-up capital that can’t be used for business or real estate investments.

What are better alternatives to 401k plans?

The most effective strategy combines 401k participation (up to the employer match) with alternative vehicles for additional savings. Properly structured cash value whole life insurance offers tax-free access via loans, guaranteed growth, no penalties, and no mandatory distributions. The Infinite Banking Concept takes this further by allowing you to become your own banker. For a detailed comparison, see our 7702 plan vs 401k guide.

How much do 401k fees really cost?

According to research firm Demos, 401k fees can cost a median-income family nearly $155,000 over a lifetime. Total annual fees typically range from 1.0% to 3.5% of account value. The Department of Labor’s own analysis shows that a 1% difference in fees results in a 28% difference in final account value over 35 years. When you add ordinary income taxes on withdrawal, your effective return often barely keeps pace with inflation.

Why do financial institutions promote 401k plans?

Financial institutions receive your money and the government’s tax deferral upfront, while you bear all the investment risk and pay fees that compound over time. They generate guaranteed revenue through management fees, administrative costs, and returns on assets under management for decades — regardless of whether your account goes up or down.

Are 401k employer matches worth it?

Yes — the employer match is the strongest argument for 401k participation. With an average match of 4.6% of pay, it represents an immediate return on your contribution that no other investment can replicate. However, the match is subject to vesting schedules (you may forfeit it if you leave before fully vesting), and its value diminishes relative to your total savings over a multi-decade career. Our recommendation: always capture the full match, then redirect additional savings into more flexible vehicles.

What happens if I need money from my 401k early?

Accessing 401k funds before age 59.5 triggers a 10% penalty plus regular income taxes. Depending on your tax bracket, you could lose 35-45% of the withdrawal to taxes and penalties. For a $25,000 need, you might need to withdraw over $42,000. In contrast, accessing cash value from a life insurance policy via a loan involves no penalties, no taxes, and your cash value continues growing.

Did the creator of the 401k say it was a mistake?

Ted Benna, widely considered the “Father of the modern 401k,” has publicly stated that he would “blow up the existing structure and start over” if given the chance. His candid assessment reflects the structural problems that have become apparent after 35+ years of real-world performance data — problems that weren’t anticipated when the system was first designed.

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4 comments

  • Falynne
    Falynne

    If I currently have a 401k, but want to switch to cash value whole life insurance, is there a way to use those 401k funds to do so with as few penalties as possible?

    • Insurance&Estates
      A
      Insurance&Estates

      Hello Falynne, there are some options depending upon you age. You’re question was forwarded to Jason Herring who is an expert in this area. Feel free to reach out to him as well at jason@insuranceandestates.com.

      Best, Steve Gibbs for I&E

  • Rick

    I work at publics and have 10 percent of my weekly paycheck taken out to go into a voya account. I think they match it. Have to wait til i am older to enjoy it, i wonder if i should stop getting money taken out every week? And get the money now

    • Insurance&Estates
      A
      Insurance&Estates

      Hello Rick, thanks for reading and commenting. Without a thorough discussion of your goals, and a better understanding of you, it is tough to offer any strategic advice as every person and situation is different. Feel free to connect with Jason Herring at jason@insuranceandestates.com to pursue a more in depth discussion.

      Best,

      Steve Gibbs for I&E.

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