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Fiduciary Rules and Practices

Published reports indicate that the U.S. Senate is looking to pass a comprehensive tax overhaul next year using the budget reconciliation process.Senate Majority Leader Mitch McConnell (R-Ky.) said at a press conference Dec. 12 that the plan to enact both changes to Obamacare and comprehensive tax... READ MORE
“Washington didn’t see this coming,” NTSA Executive Director Chris DeGrassi said about the results of the 2016 elections in a Dec. 12 webcast. Elections have consequences, he noted, and those could include actions that affect retirement plans and benefits — including 403(b)s and 457s. In “What 403... READ MORE
Prudence, diversifying investments and administering a plan in accordance with its documents are critical. However, writes Robert Toth in MarketBeat, it is easy to forget that the fiduciary’s exclusive obligation is to provide retirement income from plans and that the point behind the rules... READ MORE
President-Elect Trump’s pick for Secretary of Labor may not have taken a stance on the fiduciary rule yet, but it seems fair to conclude he won’t be a fan. Trump has tapped fast-food executive Andy Puzder for the post. Puzder, chief executive of CKE Restaurants Holdings Inc., the parent company of... READ MORE
Trump campaign manager Kellyanne Conway says the president-elect has an opinion on the Department of Labor’s fiduciary rule.Unfortunately, she didn’t share that opinion while filling in as a keynote speaker for hedge fund-of-fund manager Anthony Scaramucci at The MarketCounsel consulting and law... READ MORE
Trump campaign manager Kellyanne Conway says the president-elect has an opinion on the Department of Labor’s fiduciary rule.Unfortunately, she didn’t share that opinion while filling in as a keynote speaker for hedge fund-of-fund manager Anthony Scaramucci at The MarketCounsel consulting and law... READ MORE
ERISA plans have a procedure that is typically followed by financial institutions if a participant is “lost.” In MarketBeat, Susan Diehl tells us what you do in a non-ERISA 403(b) or under an IRA if the participant can’t be found. READ MORE
The proliferation of target-date funds — not to mention heightened attention to fulfilling fiduciary duties — exacerbates the importance of evaluating them. A recent report suggests things to keep in mind when doing so.American Funds, part of the long-term investment firm Capital Group, recently... 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
“So much to say and so little time!” A characterization that could apply to many things, including the tenor of the Nov. 16 NTSA Webcast, “Fall 2016: What’s New that Impacts You?”Susan D. Diehl, President of PenServ Plan Services and Chair of the NTSA Communications Committee, and Ellie A. Lowder... 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
What’s in your wallet? Not commissions on advising retirement accounts if you work for Capital One Investing.The online and retail brokerage arm of Capital One Financial has announced its decision to eliminate commissions on advised IRAs to conform with the Department of Labor’s fiduciary rule for... 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
Plan fiduciaries who acted “in blatant disregard of the express terms of the plan document and of their fiduciary duties” came out on the losing end of a lawsuit. An investigation by the Department of Labor’s (DOL) Employee Benefits Security Administration (EBSA) determined that, after California... 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
Plan sponsors that sponsor 403(b) plans sometimes struggle with whether the plan is subject to the requirements of ERISA. Some are; some are not! In MarketBeat, Ellie Lowder helps answer the question. 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

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