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Fiduciary Rules and Practices

The fiduciary defendants in a 403(b) university excessive fee suit say the plaintiffs have not only failed to make their case—but that they’ve taken actions in their own account(s) that undermine their arguments. The suit (Latasha Davis et al. v. Washington University in St. Louis et al.) was... READ MORE
Editor’s Note: This is the first in a series about the guidance the Department of Labor’s Employee Benefits Security Administration (EBSA) issued on April 14 concerning cybersecurity.  The Department of Labor’s Employee Benefits Security Administration (EBSA) on April 14 issued comprehensive... READ MORE
Tech Talk addresses the conditions for the prohibited transaction exemption the Department of Labor released on  Dec. 18, 2020, “Improving Investment Advice for Workers & Retirees.”  READ MORE
New DOL guidance on fiduciary investment advice provides important insights on the agency’s perspective on the new rule, particularly as it relates to rollover advice—and a reminder that other changes may well lie ahead. The guidance, released April 13, relates to the department’s “Improving... READ MORE
The Department of Labor’s (DOL) Employee Benefits Security Administration (EBSA) issued guidance April 14 on maintaining cybersecurity, including tips on protecting retirement benefits. The guidance has a wide target audience—the DOL intends it for plan sponsors, plan fiduciaries, record keepers,... READ MORE
The Department of Labor’s (DOL) fiduciary rule still generates discussion. That’s staying power—it was first proposed more than a decade ago. A March 31 NTSA webcast took a look at the rule and current developments involving it.  In “How the Fiduciary Rule Affects Advisors and Other Retirement... READ MORE
The U.S. Department of Labor’s Employee Benefits Security Administration has issued guidance on fiduciary investment advice for retirement investors, employee benefit plans and investment advice providers.  The guidance relates to the department’s “Improving Investment Advice for Workers &... READ MORE
After nearly six years of litigation, the settlement terms of an ERISA litigation case that has been all the way to the U.S. Supreme Court (and “back”) have come to light. Specifically, plaintiffs Larry W. Jander and Richard Waksman and Defendants Retirement Plans Committee of IBM, Richard Carroll... READ MORE
Just days before a scheduled trial date, Columbia University has struck a deal with plaintiffs in an excessive fee suit involving the university’s 403(b) plan. The notice (Cates v. Trs. of Columbia Univ., S.D.N.Y., No. 1:16-cv-06524, notice of settlement 4/7/21) that the parties had come to terms... READ MORE
Another federal court has weighed in on the status of participant data as a plan asset. The issue arose most recently last January in an excessive fee suit brought by the St. Louis-based law firm of Schlichter, Bogard & Denton on behalf of four participant-plaintiffs in Shell Oil Co.'s $10.5... READ MORE
A group of Senate Republicans is unhappy with the Department of Labor’s announcement regarding its enforcement position on the final ESG and proxy voting rules.  In a March 18 letter to Al Stewart, Acting Secretary of the Department of Labor, Republican Senators Richard Burr (NC), Mike Crapo (ID)... READ MORE
Tech Talk addresses whether collective investment funds are regulated by the Office of the Comptroller of the Currency and whether they are eligible investment vehicles for 403(b) plans. READ MORE
The Senate has confirmed President Biden’s nominee to lead the Department of Labor.  Boston Mayor Marty Walsh was confirmed by the Senate March 22 by a vote of 68-29. He is the last of Biden’s cabinet nominees to be confirmed.  Walsh, a former union leader, has been serving as Mayor of Boston... READ MORE
Plan administrators and sponsors have some work to do in educating plan participants, a recent study indicates. Researchers add awareness of fees to the curriculum.  One-quarter of those surveyed do not know how much they pay in fees, found investment firm Rebalance.  But that’s just the tip of... READ MORE
Tech Talk addresses whether it is a problem if participant tools offered by 403(b) plan providers to help assess risk tolerance and investment preferences suggest specific investment allocations or model portfolios, and offer options to elect periodic rebalancing to keep allocations in line with... READ MORE
Mistakes involving eligible compensation are often at the center of compliance problems. A recent blog entry offers suggestions on ways to avoid such errors.  So common are mistakes concerning eligible compensation, reports Cassell Plan Audits, that they saw no other kind of error as often in the... READ MORE
The Government Accountability Office (GAO) has added its voice to those that highlight the critical importance of cybersecurity, but they go one better. In a new report, they call on the Department of Labor (DOL) to set minimum standards for mitigating cybersecurity risks and to formally state... READ MORE
A March 10 announcement by the Department of Labor’s Employee Benefits Security Administration provides a precursor to the direction it plans to take on the recently finalized rules.  Released as an enforcement policy statement under Title I of ERISA, the DOL advised that it will not enforce the... READ MORE
Two Republican members of the House of Representatives have reintroduced legislation that pushes back on state and local efforts to impose harmful financial transaction taxes (FTTs) that would impact non-residents.   Rep. Patrick McHenry (R-NC), the ranking Republican member of the House Financial... READ MORE
American Retirement Association CEO Brian Graff and a panel of industry experts offered their insights on Feb. 23 on the state of things for the industry regarding activity on Capitol Hill, as well as in the federal regulatory agencies. They made their remarks as part of the NTSA Winter Virtual... READ MORE

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