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JD

I’ve been writing a weekly column (and then some) for more than two decades now. Some are easier to write (and read)—and some hold up better (and longer) than others. These are some of my (and perhaps your) favorites from 2021. Let me know what you think in the comments below… particularly if I... READ MORE
“You better watch out, you better not cry, you better not pout…” Those are, of course, the opening lyrics to that holiday classic, “Santa Claus is Coming to Town.” And while the tune is jaunty enough, the message—that there’s some kind of elfin “eye in the sky” keeping tabs on us has always struck... READ MORE
With cybersecurity of increasing concern to plan fiduciaries, participants—and regulators—a participant has sued his plan’s recordkeeper for breach of an implied contract to keep his data secure—as well as a breach of fiduciary obligation. The suit was brought by one Eric Giannini “on behalf of... READ MORE
A week ago, the U.S. Supreme Court heard oral arguments on an excessive fee suit involving Northwestern University’s 403(b) plan—in a case that could be a game changer in this type of litigation. Their decision won’t be made for months, but pundits (including this one) have spent the hours since... READ MORE
Financial wellness remains one of the most bandied about phrases in our industry—it’s something most aspire to, something plan sponsors are both interested in—and skeptical about—something that seems to have an elusive ROI, at least in objective, quantifiable terms—and yet…  Financial wellness has... READ MORE
Retirement income and financial wellness have taken on a whole new luster when it comes to plan priorities among nonprofit plan sponsors. In fact, the number of plan sponsors citing guaranteed income as a top priority more than doubled since last year, according to a new Plan Sponsor Council of... READ MORE
Another university 403(b) excessive fee suit has settled for cash “…and other meaningful non-monetary relief.” The settlement (Santiago v. Univ. of Miami, S.D. Fla., No. 1:20-cv-21784, motion for settlement approval 11/23/21) was reached between participant-plaintiffs Augustina Santiago, Lilly... READ MORE
In less than a year’s time, plaintiffs in an excessive fee case have wrangled a $2 million settlement. This suit—filed in December 2020 by four former employees (Christian Harding, Patricia Giramma, Ronald Welch, and Lisa Harbour) of Massachusetts-based Southcoast Hospitals Group in the U.S.... READ MORE
While it’s the celebration following a successful harvest held by the Pilgrims and members of the Wampanoag tribe in 1621 that provides most of the imagery around the holiday, Thanksgiving didn’t become a national observance until much later. Incredibly it wasn’t marked as a national observance... READ MORE
Several years ago, we had in mind that it would be fun to get an aquarium for our home, and (even) I got excited at the prospects of filling it with a variety of all kinds and sizes of exotic fish.  Sadly, those hopes were dashed when I discovered that , despite the massive displays of what... READ MORE
It’s ironic that programs designed to provide retirement income pay so little attention to the realization of that objective. That’s right—for the vast majority of participants today, creating that “paycheck for the rest of your life” remains a DIY undertaking. To this day only about half of... READ MORE
The nation’s highest court appears to be considering a review of a challenge to the CalSavers program. At least that’s implied by the request (Howard Jarvis Taxpayers Ass’n v. Cal. Secure Choice Ret. Savings Program, U.S., No. 21-558, request for response 11/2/21) by the U.S. Supreme Court that... READ MORE
Like a vampire arising from its recent interment, limits on so-called “Mega” Roths and in-plan Roth conversions have reemerged in the latest round of legislative sausage-making. Just last week these provisions, along with a number that were projected to be a “game-changer” for retirement security... READ MORE
Noting that “the flawed complaint in this case flunks” ERISA’s pleading standards, the defendants in an excessive fee suit before the nation’s highest court say the case against them should be dismissed. The Issue(s) The issue that the plaintiffs—represented by the law firm of Schlichter Bogard... READ MORE
Halloween is the time of year when one’s thoughts turn to trick-or-treat, ghosts and goblins, and things that go bump in the night—and, for plan sponsors, and those who support them, a good time to think about the things that give us pause—that cause a chill to run down our spine…  Things like…... READ MORE
It’s said that if at first you don’t succeed, try, try again—and that’s just what one plaintiff is doing in its attempt to do away with the CalSavers program. Actually, it’s multiple plaintiffs—the Howard Jarvis Taxpayers Association, Jonathan M. Coupal, and Debra A. Desrosiers—who have petitioned... READ MORE
While the plan fiduciaries in the case chose to settle, the investment consultant for the plan took the case to trial—and won. The former participant/plaintiff here (one Benjamin Reetz) claimed that the defendants here (Lowe’s, the Administrative Committee of Lowe’s Companies, Inc. and investment... READ MORE
A great resource to help you grow and expand your business could be right under your nose… Are you spending time you don’t have trying to work out problems you didn’t create? Let’s face it—good service, or the lack thereof, is widely cited as the most common reason why plan sponsors change... READ MORE
Another excessive fee suit has been tossed by a federal judge for failing to “assert sufficient allegations to support their claim…” This time the defendants are the fiduciaries of Cincinnati-based TriHealth, Inc.’s retirement plan—a relatively small plan ($457 million)—and the suit filed on... READ MORE
A federal judge has put a half dozen excessive fee suits on hold pending a decision by the U.S. Supreme Court in a case that ”will likely clarify the pleading requirements for ERISA breach of fiduciary claims in cases such as this…”   That was the determination of Judge William C. Griesbach... READ MORE

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