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Sunday, February 21, 2016

Take Control of Your 401k Plan With an Investment Policy Statement

An Investment Policy Statement is a soup-to-nuts blueprint for the plan, its administration and its ongoing maintenance. But a good IPS doesn't stop there. It is a living, breathing document that shifts with long-term investment market trends and changes in employee demographics. It should be constantly re-evaluated and slavishly adhered to.

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Sunday, May 1, 2016

Is your 401(k) safe in a rollercoaster market?

Volatile markets can leave investors seriously on edge, especially as they get closer to retirement, and those who are already retired may be even more worried about losing money — and may start to question their strategy.

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Sunday, December 20, 2015

Common Mistakes Plan Sponsors Should Avoid

Plan sponsors should use the “highest standard of care” when it comes to retirement plans, but according to one attorney, several common mistakes prevail.

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Monday, May 21, 2012

Recent Case Emphasizes Importance of Fiduciary Decision Making Process

The decision making process of a retirement plan fiduciary has always been important. However, the recent district court decision in Tussey v. ABB, Inc., which levied a $35.2 million judgment against the employer-fiduciary (ABB), emphasizes the importance of a prudent decision-making process. Here are some of the major missteps made by ABB and the key takeaways for other plan fiduciaries.

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Friday, May 11, 2012

3 Reasons to Fear 408(b)(2)

Isn’t it funny that within a week of the industry complaining to delay the implementation of 408(b)(2) because of the lack of the much promised FAQ guide on the part of the DOL, the DOL comes out with its much promised FAQ guide? Under the name “Field Assistance Bulletin 2012-02 408(b)(2) FAQ Guide,” this 38-question-and-answer compendium no doubt became an instant bestseller within the hallowed halls of 401(k)-dom.

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Monday, May 14, 2012

Five Steps to a Better IPS for the 401(k)

For many years, ERISA lawyers argued the merits of creating an investment policy statement for 401(k) plans.

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Wednesday, April 25, 2012

Plan Sponsors and Plan Fiduciaries: It's Time to Comply with the New Retirement Plan Fee Disclosure Regulations

Employers and plan fiduciaries should keep in mind that the new rules are in addition to the general fiduciary duty to exercise prudence in the selection and monitoring of service providers, and in making sure that fees paid by a retirement plan are reasonable. Plan fiduciaries will need to take the new service provider fee disclosures into account in determining whether fees and expenses are competitive given the nature and quality of the services.

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Wednesday, April 25, 2012

Rules for Retirement Plan Fees Have Some Companies Scrambling to Comply

Even though the first regulation has providers like Fidelity doing a lot of work, companies shoulder a lot of responsibilities too. Experts say larger plans are ready for the change, but many midsize and small companies are trying to establish deadlines for information and the actions they should to take once it's assembled.

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Thursday, May 10, 2012

DOL Issues Q&A Guidance on Fee Disclosure Rules

The Department of Labor’s Employee Benefits Security Administration issued on Monday guidance to help plan administrators and service providers comply with the requirements of new rules 408(b)2 and 404(a), which are designed to improve the transparency of fees and investment expenses in retirement plans.

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Friday, February 3, 2012

Changes to Final Fee Disclosure Rule

The operative language of the final 408b-2 service provider fee disclosure rule (29 CFR §2550.408b-2) reflects certain modifications to the interim final rule (IFR) that was published in the Federal Register on July 16, 2010 (75 Fed. Reg. 41600). The major changes are described below, with citations to the relevant provisions of the final rule.

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Friday, February 3, 2012

Will Savers Yawn at 401(k) Fee Disclosures?

Participants will soon find out how much they are paying in fees for 401(k) and other defined contribution plans.

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Monday, February 6, 2012

Who's On The Hook For Decisions Made in Your 401(k)?

Wal-Mart recently agreed to pay $3.5 million to settle a lawsuit filed by its employees who claimed it failed to properly supervise the company 401(k). There have been other similar suits out there like this one, and more will come.

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Tuesday, February 7, 2012

Final Regulation Relating to Service Provider Disclosures Under Section 408(b)(2)

U.S. Department of Labor Employee Benefits Security Administration February 2012 The Employee Retirement Income Security Act (ERISA) requires plan fiduciaries, when selecting and monitoring service providers and plan investments, to act prudently and solely in the interest of the plan's participants and beneficiaries.

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Friday, February 10, 2012

The Top Three Retirement Plans for Small Business

On a recent business trip, I had a lively conversation with a small business owner who was on a mission to start a retirement plan. He wanted a good place to save some money tax deferred and to take care of his key employees. Great idea!! You know I’m a big fan of putting some money away for down the road. Just get a 401(k) and go, right? Well, maybe. You may not know this, but there are quite a few different retirement options out there and many specifically designed for small businesses. Let’s go over the essentials so you too can make a great decision for your company.

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Monday, February 14, 2011

Fee Disclosure: What 401k Plans Can No Longer Hide

Employers and employees will gain a much better understanding of the behind-the-scenes workings of 401k and other defined contribution plans as the result of two regulations issued by the Employee Benefits Security Administration. The regulations' aim is to help employers/plan sponsors and employees/participants make better decisions when it comes to selecting and managing investments held in participant-directed retirement plans.

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Monday, February 14, 2011

ERISA Fidelity Bonds—Who Needs Them, and Who is Responsible for Securing Them?

ERISA requires that every fiduciary of, and every person who handles funds or other property of, an employee benefit plan, be bonded. This seems like a simple enough proposition. And yet, although the statute imposing the bond requirement has been in place for many years and the DOL has issued guidance to clarify the requirement, people still get confused regarding its scope and meaning.

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Tuesday, January 18, 2011

New Year's Resolutions Defined Contribution Plan Sponsors Should Make

Mercer has published its "10 for 2011" checklist of New Year's resolutions that US defined contribution plan sponsors should make now to address investment and plan-design concerns, fulfill fiduciary responsibilities and help participants meet their retirement objectives.

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Tuesday, January 18, 2011

Plan Administrators Should Prepare Now to Comply with New Participant Disclosure Requirements

A sweeping new set of participant disclosure requirements will take effect for most 401k and 403(b) plans later this year. The regulation creates a new ERISA fiduciary duty for administrators of all retirement plans that provide for participant investment direction. Plan administrators of covered plans will need to give participants an expanded array of information that meets specific content, formatting and frequency requirements.

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Thursday, January 13, 2011

Employee Education Boosts 401(k) Participation

Due to changes made in late 2009, a Milwaukee-based firm was able to make significant gains in the number of employees making full utilization of its 401k program and other retirement programs.

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Thursday, January 13, 2011

When Revenue Sharing Exceeds Reasonable Costs

Since fiduciaries have a legal duty to pay no more than reasonable compensation, and since there is a duty to ask, the failure to take any steps may be found to be a fiduciary breach, subjecting plan sponsors and committee members to liability for the excess payments.

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