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Nevin E. Adams

In MarketBeat, Nevin E. Adams, JD, writes that most of the focus on retirement savings is on those who haven’t saved enough, or who lack access to the platforms to make saving enough easy—but even those who have done the “right” things can nonetheless have their retirement planning realities... READ MORE
Once upon a time, as Christmas neared, it was not uncommon for my wife and I to caution our occasionally misbehaving brood that they had best be attentive to how their misbehaviors might be viewed by the big guy at the North Pole. In support of that notion, a few years back—well, now it’s quite a... READ MORE
The Department of Labor has rolled out a new prohibited transaction exemption for offering investment advice, and some good news on rollover advice—but it may be short-lived. Less than 24 hours after the release from review by the Office of Management and Budget, the DOL has unwrapped a new... READ MORE
There’s been increasing awareness—and litigation—regarding cyber security and participant accounts—and the Labor Department has taken notice. Sources tell us that plan audits are now asking to see employers’ written cybersecurity policies and procedures—and asking about cybersecurity attacks, and... READ MORE
One of the first university 403(b) suits—one in which plan fiduciaries prevailed at the lower court, lost on appeal, and failed to gain a review by the Supreme Court—has settled. The suit was filed in 2016—brought by participants in the $3.8 billion University of Pennsylvania Matching Plan against... READ MORE
In a year chock-full of proposed rules and final regulations, the Labor Department has apparently wrapped up its work on a new fiduciary rule. According to a posting on the Office of Management and Budget website, the DOL on Nov. 24 dropped off its final rule on its proposed advice package, “... READ MORE
Thanksgiving has been called a “uniquely American” holiday—and so, even in a year in which there has been an unprecedented amount of disruption, stress, discomfort and loss—there remains so much for which to be thankful.  I’m thankful that so many employers (still) voluntarily choose to offer a... READ MORE
A primary sponsor of the SECURE Act—and Chairman of the House Ways & Means Committee—has a bone to pick with the Labor Department and a key assumption in its interim final rules regarding lifetime disclosures. In a letter to Secretary of Labor Eugene Scalia, Rep. Richie Neal (D-MA), a sponsor... READ MORE
If you have turned on a TV, walked by a radio, driven down a residential street, or answered a phone (or more likely let it go unanswered) in the past month, you will, of course, be aware that our nation will officially go to the polls today.  Of course, our nation has been “going” to the polls—or... READ MORE
The final rule on ESG investing by ERISA plans steps away from the proposed rule’s focus on ESG. Indeed, the Department of Labor (DOL) notes that “unlike the proposal, the final rule’s operative text contains no specific references to ESG or ESG-themed funds.”  Rather, acknowledging the fluid... READ MORE
The nation’s highest court has sought the federal government’s input on a case that the law firm of Schlichter Bogard & Denton says is having a “chilling effect” on excessive fee litigation. Specifically, the U.S. Supreme Court has “invited” the Acting Solicitor General to “file a brief in... READ MORE
After “hard-fought litigation and months of arm’s length negotiations,” the settlement terms of an excessive fee suit that had resolved most issues in favor of the fiduciary defendants have come to light.  The Cornell University defendants had successfully fended off most of the claims a year ago... READ MORE
A month ago, the Labor Department unveiled an interim final rule on lifetime income disclosures on participant statements. Today the window for comments opens. Under the Interim Final Rule, retirement plans would provide lifetime income illustrations using prescribed assumptions designed, the DOL... READ MORE
Born in the immediate aftermath of 9/11, the Class of 2024 finished their senior year of high school—and began their college experience—during a global pandemic. How might that impact their retirement—and retirement planning? Several years back, I was talking with a colleague about the then-... READ MORE
With a rare jury trial looming, a university has settled claims in an excessive fee suit with plaintiffs represented by Schlichter Bogard & Denton. This time the settlement (Cunningham v. Cornell Univ., S.D.N.Y., No. 1:16-cv-06525, electronic minute entry 9/1/20) involves the fiduciaries of... READ MORE
Early on a bright Tuesday morning in 2001, I was in the middle of a cross-country flight, literally running from one terminal to another in Dallas, when my cellphone rang.   It was my wife. I had been on an American Airlines flight heading for L.A., after all—and at that time, not much else was... READ MORE
Recently, a column in Roll Call titled “Biden retirement proposal would upend traditional 401(k) plans” claimed that the plan would “equalize” the incentives in 401(k) by ending such deductions and replacing them with flat tax credits for each dollar saved. That was, in turn, picked up by Forbes... READ MORE
Late on the afternoon of Aug. 21, the Employee Benefits Security Administration (EBSA) announced that it will hold a public hearing on its new fiduciary rule proposal.   Specifically, the notice, which is expected to be published in the Aug. 25 Federal Register, is being held “to consider issues... READ MORE
In the latest of a series of regulatory announcements, updates and proposals, the Department of Labor (DOL) has unveiled an Interim Final Rule on lifetime income disclosures under the SECURE Act. Under the Interim Final Rule, retirement plans would provide lifetime income illustrations using... READ MORE
It seems that the Department of Labor (DOL) is doubling down on its ESG information request campaign, now looking to the practices behind investments in, and monitoring of, ESG-themed ERISA plan investments by Registered Investment Advisory (RIA) firms.   Earlier this year information requests... READ MORE

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