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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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Monday, May 21, 2012

Plan Administrators and the Risk of Personal Liability: A Primer

Many fiduciaries taking on the role are not high enough up the corporate food chain to clearly have enough power to control for and avoid potential problems in the plans they have been charged with administering. This leaves those administrators in the situation of being exposed as fiduciaries to personal liability for problems in the plan, while not having enough power to avoid or cure the problems.

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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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Wednesday, March 14, 2012

Apple Leading Charge in All-ETF 401(k) Plans

Apple is not just an innovator in the technology sector, but it's also an innovator in how it manages its company sponsored 401k retirement plan. The firm now has the bulk of its 401k assets in ETFs.

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Wednesday, March 14, 2012

Know Your Role: Am I a "Settlor" or a "Fiduciary"?

When making decisions about benefit plans, plan sponsors should at least take some time to consider what role they are playing. The distinction between "settlor" functions and "fiduciary" functions can be very significant.

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Wednesday, November 2, 2011

A Reasonable Approach to Fee Reasonableness

The question of fee reasonableness has gained added importance because of a series of class-action lawsuits in which plan participants have accused plan sponsors of failing to ward off excessive plan fees. The courts have said on numerous occasions that fiduciaries are not required to pick the lowest-cost service provider or to pick the lowest-cost investment funds . The requirement is to act prudently and to pay reasonable fees.

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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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Wednesday, November 2, 2011

IRS Announces Plan Limits for 2012

On October 20, 2011, the Internal Revenue Service announced cost of living adjustments affecting dollar limitations for pension plans and other retirement-related items for Tax Year 2012. In general, many of the pension plan limitations will change for 2012 because the increase in the cost-of-living index met the statutory thresholds that trigger their adjustment. However, other limitations will remain unchanged.

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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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Wednesday, August 31, 2011

Six Ways to Limit Your Chances of a Visit from the DOL

The Department of Labor is in the process of adding hundreds of investigators to its staff. And since DOL investigators are responsible for enforcement of fiduciary, reporting and disclosure requirements for employee benefit plans, that means you had better be following the letter of the law. Here are six ways to avoid a visit from your friendly local DOL investigator.

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