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Nevin Adams

By most industry estimates, approximately 10% of plans change providers every year. Of course, far more consider making a change (without actually acting on it), and many changes are thrust upon plan sponsors, a consequence of poor service, or provider consolidation. Regardless of the motivation... READ MORE
The plaintiffs in the only excessive fee suit to reach the Supreme Court will get another chance to make their case.The 9th U.S. Circuit Court of Appeals in San Francisco has now ordered a U.S. district court to rehear the Tibble vs. Edison International excessive 401(k) fee case. The opinion,... READ MORE
The Department of Labor (DOL) has made some changes to the final regulations regarding state-run retirement programs for private sector workers — specifically regarding those established by “state political subdivisions.”In a document slated to be published in the Federal Register on Dec. 20, the... READ MORE
The Department of Labor (DOL) has made some changes to the final regulations regarding state-run retirement programs for private sector workers — specifically regarding those established by “state political subdivisions.”In a document slated to be published in the Federal Register on Dec. 20, the... READ MORE
The Department of Labor (DOL) has made some changes to the final regulations regarding state-run retirement programs for private sector workers — specifically regarding those established by “state political subdivisions.”In a document slated to be published in the Federal Register on Dec. 20, the... READ MORE
A federal judge granted class action status in two very different lawsuits Dec. 14, though both involved challenges to actions regarding 401(k) plan investments.The first of the lawsuits, Brotherston v. Putnam Investments, LLC (D. Mass., No. 1:15-cv-13825, electronic notice of order granting class... READ MORE
The National Association for Fixed Annuities (NAFA) has gotten a response to its request for an injunction pending appeal.In a short — some might say terse — response, the U.S. Court of Appeals for the D.C. Circuit noted that NAFA “has not satisfied the stringent requirements for an injunction... READ MORE
Target-date funds (TDFs) continue to expand in usage and popularity — but there are some things the Department of Labor (DOL) wants you to know about TDFs that you may have overlooked.When the DOL published its “Target Date Retirement Funds — Tips for ERISA Plan Fiduciaries” in 2013, I was pleased... READ MORE
Knocked down twice by the D.C. District Court, the National Association for Fixed Annuities has filed an emergency motion asking the U.S. Court of Appeals for the D.C. Circuit to halt the rule while NAFA’s appeal proceeds.Noting that “Nearly six critical months have passed since NAFA first sought a... READ MORE
A second federal court has weighed in on the legal challenges presented to the Department of Labor’s (DOL) Fiduciary Rule.In a 63-page ruling, Judge Daniel Crabtree of the U.S. District Court for the District of Kansas ruled that Market Synergy Group, Inc. failed to make the case that it was likely... READ MORE
Though acknowledging that the fiduciary rule is likely to cause “significant changes” in how the industry operates, along with “substantial compliance costs,” and “economic losses,” the federal judge who recently rejected a legal challenge to the Labor Department’s fiduciary rule won’t hold up... READ MORE
Anyone who tells you they know what will happen with the fiduciary rule is probably… well, let’s just say they probably don’t. Here’s our current assessment…First, while the DOL fiduciary rule is on a list of recent regulations to review, it is currently not on the list of regulations designated... READ MORE
The Department of Labor’s (DOL) Fiduciary Rule got another day in court — and with at least a sense that it might not fare as well this time around.An edited assessment of the event by Erin Sweeney, an attorney at Miller & Chevalier who attended the Nov. 17 hearing in Dallas, characterized... READ MORE
Less than 24 hours after Donald Trump’s stunning victory, the Chairman of the House Ways & Means Committee was talking tax reform — and that could be ominous for retirement savings.While both presidential candidates had spoken during the campaign of the need for tax reform, the odds for action... READ MORE
What most people — and nearly every pundit — thought could never happen — has.Though candidate Trump never specifically addressed the fiduciary regulation, he has consistently spoken of his intention to reduce the reach of government regulations, and it seems reasonable to think that he’d see the... READ MORE
The first federal judge to rule on litigation regarding the Department of Labor’s (DOL) fiduciary regulation found just about everything plaintiffs raised to be “unpersuasive.”In denying the motions of the National Association for Fixed Annuities (NAFA) for both a preliminary injunction against the... READ MORE
The 24-page document covers a lot of ground in the form of 34 questions, and while much of it seems to confirm what had been understood (or assumed), the first wave of FAQs certainly provides some comfort – and in some cases clarifies key issues.  Those who had hoped for some extension in the... READ MORE
One of the biggest changes ahead for some advisers because of the fiduciary prohibited transaction rules is that they will no longer be able to make recommendations that can affect the level of their compensation. As April 10 approaches, a recent blog post by ERISA attorney Fred Reish cautions... READ MORE
New York City Comptroller Scott M. Stringer has unveiled a new city-run retirement plan for private sector workers — including a city-sponsored multiple employer plan (MEP). The underlying rationale for the program? Nearly 60% of private sector workers in New York City lack access to retirement... READ MORE
A new lawsuit has been filed challenging the Department of Labor’s (DOL) fiduciary regulation’s interference with existing arbitration structures.The suit, Thrivent Financial for Lutherans v. Perez, D. Minn., No. 0:16-cv-03289, complaint filed 9/29/16, filed by Thrivent Financial for Lutherans in... READ MORE

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