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Nevin Adams

Another excessive fee suit has been filed against a billion dollar university 403(b) plan, though it treads familiar ground(s).    The latest (Santiago v. Univ. of Miami, S.D. Fla., No. 1:20-cv-21784, complaint filed 4/29/20) was brought by plaintiffs Augustino Santiago, Lilly Leyva, Guillermo... READ MORE
The U.S. Department of Labor’s Employee Benefits Security Administration (EBSA) has issued “deadline relief and other guidance” related to the impact of the Coronavirus outbreak—including expanded “good faith” application of electronic delivery. EBSA Disaster Relief Notice 2020-01 extends the time... READ MORE
The parties in one of the first university 403(b) plan excessive fee suits brought by the St. Louis-based law firm of Schlichter, Bogard & Denton have come to terms.   This time it’s a suit brought against the Emory University Retirement Plan and the Emory Healthcare, Inc. Retirement Savings... READ MORE
The CARES Act has greatly expanded American workers' pre-retirement access to their retirement accounts—so, how might it affect their retirement?   There would seem to be plenty of reason for concern—the definition of person(s) affected by, and thus qualified[1] for, this expanded access through... READ MORE
when much of the nation is working remotely, the Labor Department’s final rule on electronic disclosures has been delivered to the White House’s Office of Management and Budget for review. “We are going to be pushing to get this finalized as soon as possible under the circumstances,” noted Brian... READ MORE
Approximately 20 of these suits have been filed since 2016—this would be the seventh settlement.   This time the defendants is Princeton University, and the original suit was filed nearly three years ago by plaintiff Elysee Nicolas individually and as representative of a class of participants and... READ MORE
An ERISA preemption challenge to the CalSavers Retirement Savings Program is gearing up for another go at it.   The Howard Jarvis Taxpayers Association has filed a notice in Howard Jarvis Taxpayers Ass’n. v. Calif. Secure Choice Ret. Sav. Program, E.D. Cal., No. 2:18-cv-01584, notice of appeal 4... READ MORE
The legislation is still very new, and amidst the scramble for answers and action(s)—well, it’s inevitable that some things will get overlooked, and other important things will be misconstrued.    Here are five things you’ll want to keep straight.   The Coronavirus-related distribution is not a... READ MORE
A federal appellate court has ruled in favor of the fiduciaries of a university 403(b) plan excessive fee lawsuit. This was the second of the 403(b) university excessive fee suits to go to trial—and the second in which the university defendants prevailed, back in May 2018.  The original suit,... READ MORE
California’s auto-IRA program for private sector workers has prevailed against claims that it runs afoul of ERISA’s preemption. The suit, filed in the U.S. District Court for the Eastern District of California in 2018 by the Howard Jarvis Taxpayers Association, Jonathan Coupal and Debra Desrosiers... READ MORE
There may be a whole new focus emerging with regard to excessive fee litigation.   Last week a reader shared with us an “Excessive Fee Questionnaire Regarding Defined Contribution Plans.” This document was reportedly presented to a plan sponsor of a $170 million plan—from its property and... READ MORE
A federal judge has ruled on the attorneys’ fees requested by Schlichter Bogard & Denton in a 403(b) university excessive fee suit. In what he described as a “highly complex case with numerous issues that were vigorously contested,” Judge George Levi Russell III of the U.S. District Court for... READ MORE
The Plan Sponsor Council of America recently released its 62nd Annual Survey of Profit-Sharing and 401(k) Plans, documenting a record high rate of savings, alongside an uptick in Roth contributions and other trends. However, sometimes the things that don’t change can be just as telling…   Target-... READ MORE
The biggest 403(b) university settlement to date has been approved – but with a cut to the proposed fees for the plaintiffs’ attorneys. The suit – brought by five employees of Massachusetts Institute of Technology (MIT) and participants in the MIT Supplemental 401(k) Plan – was filed back in... READ MORE
The Plan Sponsor Council of America recently released its 62nd Annual Survey of Profit-Sharing and 401(k) Plans, documenting a record high rate of savings, alongside an uptick in Roth contributions and other trends. However, sometimes the things that don’t change can be just as telling… Target-... READ MORE
One of my favorite memories growing up was paging through Christmas catalogues – my favorite was the “Wish Book,” it was called – and going through it looking for the things that I hoped Santa, and then later, my parents, would bring.  After struggling for possession of the catalogue, my brother... READ MORE
On Nov. 22, the American Retirement Association weighed in on the Labor Department’s e-delivery proposal. The proposal – which fulfills a key component of President Trump’s August 2018 retirement security Executive Order – would allow plan administrators who satisfy specified conditions to provide... READ MORE
On Nov. 22, the American Retirement Association provided information to the Labor Department on the general disclosure framework under the Employee Retirement Income Security Act of 1974 (ERISA), focusing on “design, delivery, and content.”   The Request for Information (RFI) accompanied a... READ MORE
The terms of an excessive fee settlement are not only the largest to date – once again, they’re about more than money. The suit – brought by five employees of Massachusetts Institute of Technology (MIT) and participants in the MIT Supplemental 401(k) Plan – was filed back in August 2016 as one of... READ MORE
In what was described as “an excellent result and in Class members’ best interests,” the parties in an excessive fee suit involving both a 401(k) and 403(b) plan have come to terms. The suit involved the 401(k) and 403(b) plans of Allina Health System, which have nearly $2.3 billion in assets and... READ MORE

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