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Technical Competence

Simply put, a subsequent beneficiary is nothing more than a beneficiary naming a beneficiary! In MarketBeat, Susan Diehl discusses the beneficiary’s ability to designate a subsequent beneficiary in the event the original beneficiary dies before the entire account is distributed to that beneficiary... READ MORE
What section of the Internal Revenue Code provides that governmental and church plans are not covered by ERISA and therefore are not required to be fiduciaries? In Tech Talk, Susan Diehl tells us. READ MORE
While the vast majority of plan sponsor respondents to a new survey think that eliminating or reducing pre-tax contributions to retirement savings plans is a bad idea, 85% say they would either definitely or probably continue to offer those programs if current pre-tax limits were lowered.However,... READ MORE
There’s an old regulation that has new meaning under the new fiduciary regulation — and it could catch new fiduciaries, as well as broker-dealers — by surprise.That “old” regulation is the 408(b)(2) regulation which, beginning in 2012, required that service providers to ERISA-governed retirement... READ MORE
The Golden State has modified the legislation regarding its state-run auto-IRA program for private sector workers in place, readying the measure for Gov. Jerry Brown’s (D) expected signature.In the wake of the Trump administration’s removal of the Obama administration’s ERISA safe harbor guidance... READ MORE
The Oregon Retirement Savings Program (ORSP, or OregonSaves) on June 22 filed a temporary amendment to its program rules with the Oregon Secretary of State’s office. The amendment modifies language related to enrollment in the program. It comes a little more than a week before the July 1 launch of... READ MORE
The American Retirement Association on June 20 filed a comment letter with recommendations on items to be included in the 2017-2018 IRS guidance plan. The letter was in response to IRS Notice 2017-28.While it believes that every item in the plan could provide “clarity and guidance to sponsors of... READ MORE
On June 16, the Texas Teachers Retirement System (TRS) Board of Trustees published a proposed rule in the Texas Register that could eliminate virtually all of the existing registered 403(b) products in the state from being actively marketed under new salary reduction agreements.The TRS is required... READ MORE
Suppose you have a client whose husband has entered a nursing home. The client wants to protect her 403(b) account from being considered an asset for purposes of Medicaid, and potentially used to cover nursing home costs. In Tech Talk, we discuss whether her 403(b) can be protected. READ MORE
With little fanfare and precious little notice, come July 1, 2017, broker-dealers and advisors doing business in Nevada will be subjected to a new fiduciary standard. Senate Bill 383, signed into law by Nevada Gov. Brian Sandoval (R) on June 2, revises the Nevada Securities Act to mandate that any... READ MORE
The Department of Labor recently issued a set of FAQs on the fiduciary rule. In MarketBeat, we discuss a blog post by Fred Reish in which he points out that one of those FAQs “raises some significant issues” for broker-dealers and RIAs. READ MORE
The Carolinas share a border, half of their names, and a need to address problems with their state pension plans. But while both must act, their problems are as different as north is from south.The Tar Heel StateNorth Carolina Treasurer Dale Folwell (R) is still new, having taken office just this... READ MORE
The DOL fiduciary rule — at least significant parts of it — has now been implemented. The dust has just begun to settle, although it could be stirred up again at any time. But for now, the rule is in place. A recent analysis offers an assessment of where things stand.In a recent Forbes post, “New... READ MORE
Pennsylvania Gov. Tom Wolf (D) on June 12 signed into law Senate Bill 1, a measure that provides new state employees hired after Jan. 1, 2019, including teachers, with three retirement benefits from which they can choose. The state senate had passed the bill on June 5; three days later the... READ MORE
The IRS has updated the list of 403(b) pre-approved retirement plans that have received an IRS favorable opinion or advisory letter communicating that the IRS has determined that the plan satisfies the requirements of Internal Revenue Code Section 403(b). The IRS announced the update on June 14.A... READ MORE
Most of the debate about the fiduciary regulation has been focused on the cost of bad advice. But there’s another side to the issue, writes Nevin Adams in MarketBeat, who discusses the value of advisors and what they do. READ MORE
Suppose a charter school has 403(b) plans that were treated as ERISA plans, but then it qualifies as a public school, which would make it exempt from ERISA. In Tech Talk, Ray Harmon discusses what implications that has regarding filing the Form 5500. READ MORE
Concerns about retirement and health care loom large for American workers and the U.S. Senate is reportedly close to its version of a health care reform bill. We need your help ASAP to tell Congress to make it easier for workers to manage their health and retirement savings.What’s the Issue?The tax... READ MORE
In a June 8 letter to Rob Choi, director of the Office of Employee Plans in the IRS Tax-Exempt & Government Entities Division, the American Retirement Association offered comments on the guidance contained in IRS Notice 2016-16 concerning mid-year amendments to safe harbor 401(k) and 403(b)... READ MORE
It’s heeeeere. But for many practitioners, practices and firms that read the tea leaves, the Department of Labor’s fiduciary rule has been a reality for a while and already has shaped what they do and how they do it.In “Retirement Plan Advisors — Managing Productivity and Risk,” a June 1 session of... READ MORE

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