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Fiduciary Rules and Practices

MarketBeat discusses the Fuller v. SunTrust Banks, Inc. decision and the question it addresses: When and how does their liability for the decisions of previous committee members begin?   READ MORE
An excessive fee suit has been dismissed on relatively unique grounds. This suit (Stanley v. George Washington Univ., 2019 BL 259889, D.D.C., No. 1:18-cv-00878-JDB, 7/15/19) – another of the suits filed against university 403(b) plans – claims that the fiduciaries of George Washington University’s... READ MORE
When it comes to ERISA litigation, we often only get to hear one side of the story – the plaintiffs’. But one of the defendants in an excessive fee case is fighting back. The plaintiffs in this case are five employees of the Massachusetts Institute of Technology (MIT) and participants in the MIT... READ MORE
A key university 403(b) suit remains alive, as the fiduciary defendants lost their bid to have a rehearing of the case rejected.  The case – one of the first of the university 403(b) suits filed in 2016 – and brought by participants in the $3.8 billion University of Pennsylvania Matching Plan... READ MORE
Pension plans managed by religious organizations in Rhode Island now must provide regular updates to participants on the financial health of the plans. Gov. Gina Raimondo (D) signed a measure on July 2 setting that requirement into law. House Majority Leader K. Joseph Shekarchi (D-Warwick)... READ MORE
In MarketBeat, Nevin Adams discusses some things that he argues plan fiduciaries of any plan size should be aware, and of which responsible plan fiduciaries should have a working knowledge. READ MORE
Making it possible for participants to take a loan from their retirement accounts is a common plan feature. But it also is not unusual for mistakes to be made concerning those loans. A recent article, as well as the IRS, offer some suggestions regarding how to identify and fix them, as well as... READ MORE
Not wasting any time, the Garden State has announced that it will hold a July 17 hearing in connection with its proposed new fiduciary standards. According to an announcement in the New Jersey Register, the Bureau of Securities also simultaneously announced that it is extending the comment period... READ MORE
Game of Thrones may have wound to a close, but it left plenty to mull over from its eight-season run. In MarketBeat, Nevin Adams writes that the series offered some lessons for retirement amidst the mayhem. READ MORE
All 403(b) plans require some level of administrative support. Prior to the issuance of the final 403(b) regulations, most ERISA-exempt 403(b) plan sponsors performed some tasks required to establish and support their 403(b) programs and the product providers acted under their respective annuity... READ MORE
Consistent with prior input from the American Retirement Association, New Jersey correctly excluded ERISA plan fiduciaries from the application of its proposed new fiduciary standards. In a June 14 comment letter, the ARA – parent organization of the ASPPA/NTSA – expressed support for the proposed... READ MORE
The Department of Labor’s Employee Benefit Security Administration provides material intended to assist plan administrators in selecting a plan auditor. Tech Talk provides a quick look at some of the qualities that a plan auditor should have. READ MORE
The Department of Labor (DOL) is preparing to act on a variety of issues relevant to retirement plans and participants, according to a department official who offered an outline at a June 5 session of the SPARK national conference held in Falls Church, VA. Jeanne Klinefelter Wilson, Deputy... READ MORE
There’s that old caution about being a day late, and a dollar short – well, the plaintiffs in an excessive fee suit were two days late – and missed a key date. The plaintiffs here were participants in the Georgetown University 403(b) plan – who had been soundly rebuffed in January by U.S. District... READ MORE
Many factors are in play when you’re designing retirement income strategies. In MarketBeat, John Iekel discusses a recent analysis from T. Rowe Price that argues that investors’ preferences and tolerance for risk should be most prominent. READ MORE
The federal government’s updated Spring 2019 unified regulatory agenda sheds some light on prospects for the Department of Labor’s next steps on a fiduciary rule revamp.  The DOL’s updated regulatory agenda confirms that the agency has set a target date of December 2019 to issue a Notice of... READ MORE
It’s normal that firms extend more favorable terms and discounts to those who do business with them, but those practices can cause trouble when doing business with ERISA-governed plans. In MarketBeat, Nevin Adams takes a look at how.  READ MORE
Fiduciary duty, who is responsible for fulfilling it, and the rules that will — or won’t — guide and regulate it have been generating great attention for years. And for good reason. In “A Cascading Behavioral Roadmap for Fulfilling Fiduciary Duties” a recent blog entry by Neal Shikes, Managing... READ MORE
Under questioning at a May 1 hearing on Capitol Hill, Secretary of Labor Alexander Acosta appeared to confirm that the Department of Labor will issue a new fiduciary rule.  Acosta appeared before the House Education and Labor Committee for a hearing to examine the policies and priorities of the... READ MORE
The plaintiffs in an excessive fee case have managed to keep their case alive on appeal – in a case that also has an intriguing dissenting opinion. The suit was not only one of the first of the university 403(b) excessive fee suits to be filed, the district court decision, in favor of the... READ MORE

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