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The drumbeat to “fix” the 401(k) seems to be starting a little earlier this year—though the cures seem more likely to kill the patient. The latest ran in the Wall Street Journal recently—a column by Spencer Jakab innocuously titled: “Is America’s Favorite Retirement Plan Broken?” Ironically, in... READ MORE
I recently had an opportunity to sit down with Rick Unser as a guest on his 401(k) Fridays podcast. Guess what we talked about… It was a wide-ranging discussion—no predictions as to the outcome of the elections, but we had a chance to bring to light some of the topics that we’ve covered over the... READ MORE
You might think there couldn’t be another multibillion-dollar 401(k) plan to be sued—and yet there is. This suit was filed by former participant Michael Johnson, “individually and as representative of a class of participants and beneficiaries of the Duke Energy Retirement Savings Plan,” a plan... READ MORE
After “…substantial discovery, the exchange and review of key documents, and arm’s-length negotiations between experienced ERISA class-action counsel directed by a seasoned and respected mediator,” the parties in a suit involving proprietary fund investments have come to terms. The cash settlement... READ MORE
Teresa Ghilarducci doesn’t give American employers—or advisors—much credit.  She recently penned an article in Forbes titled “Employers Can’t Provide Retirement Plans. Let’s Stop Pretending They Can.” The article’s premise is false on its face, of course. Employers[1] have long provided retirement... READ MORE
A month ago, the Labor Department unveiled an interim final rule on lifetime income disclosures on participant statements. Today the window for comments opens. Under the Interim Final Rule, retirement plans would provide lifetime income illustrations using prescribed assumptions designed, the DOL... READ MORE
Born in the immediate aftermath of 9/11, the Class of 2024 finished their senior year of high school—and began their college experience—during a global pandemic. How might that impact their retirement—and retirement planning? Several years back, I was talking with a colleague about the then-... READ MORE
The law firm of Schlichter Bogard & Denton has a new target—multiple employer plans, and they’ve just filed their second excessive fee suit in that genre. This time the target is the Pentegra Defined Contribution Plan for Financial Institutions, a multiple employer plan, or MEP. The Schlichter... READ MORE
Early on a bright Tuesday morning in 2001, I was in the middle of a cross-country flight, literally running from one terminal to another in Dallas, when my cellphone rang.   It was my wife. I had been on an American Airlines flight heading for L.A., after all—and at that time, not much else was... READ MORE
Recently, a column in Roll Call titled “Biden retirement proposal would upend traditional 401(k) plans” claimed that the plan to “equalize” the incentives in 401(k) by ending such deductions and replacing them with flat tax credits for each dollar saved. That was, in turn, picked up by Forbes... READ MORE
Citing the “imminent harm of being solicited for non-Plan services,” the plaintiffs in an excessive fee suit have filed a response to a motion to dismiss the case by fiduciaries of the $4.4 billion ADP TotalSource Retirement Savings Plan.   The suit was filed in mid-May in the U.S. District Court... READ MORE
I’ve always been just a bit paranoid about my personal data. All the more so because in a half dozen different circumstances over the past two decades, someone who had access to that data for legitimate purposes… lost it. Those data breaches notwithstanding (and one did involve a 401(k) account)... READ MORE
Late on the afternoon of Aug. 21, the Employee Benefits Security Administration (EBSA) announced that it will hold a public hearing on its new fiduciary rule proposal.   Specifically, the notice, which is expected to be published in the Aug. 25 Federal Register, is being held “to consider issues... READ MORE
The parties in an excessive fee suit that had been dismissed by a federal court—have now come to terms.   Indeed, it was only just over a month ago that the suit, filed last fall by Carl Martin against CareerBuilder, his former employer, claiming that the plan fiduciaries (and unnamed “monitoring... READ MORE
In the latest of a series of regulatory announcements, updates and proposals, the Department of Labor (DOL) has unveiled an Interim Final Rule on lifetime income disclosures under the SECURE Act.   Under the Interim Final Rule, retirement plans would provide lifetime income illustrations using... READ MORE
It seems that the Department of Labor (DOL) is doubling down on its ESG information request campaign, now looking to the practices behind investments in, and monitoring of, ESG-themed ERISA plan investments by Registered Investment Advisory (RIA) firms.   Earlier this year information requests... READ MORE
A social media name brand now finds itself “linked” to a 401(k) excessive fee suit.   The plaintiffs here (Bailey v. LinkedIn Corp., N.D. Cal., No. 5:20-cv-05704, complaint 8/14/20) are two former, and one current participant of the LinkedIn Corporation 401(k) Profit Sharing Plan and Trust. For... READ MORE
A recent analysis finds that while only 6% of HSA accountholders actively invest those funds—nearly two-thirds of those do so within the first year.   The analysis by the Employee Benefit Research Institute (EBRI) characterizes those early investors as “born,” and while what distinguishes them... READ MORE
In a remarkably short period, an excessive fee suit involving proprietary funds has settled for what may be the largest monetary settlement among those cases to date.    The suit—filed on Feb. 15, 2019 by plaintiff (and former McKinsey plan participant) Tushar Bhatia against McKinsey and MIO (MIO... READ MORE
A 4½-year-old suit regarding the lack of a stable value alternative—where a judge once ruled that an $8.8 million settlement was insufficient—has been decided in favor of the plan fiduciaries.   According to U.S. District Judge John McBryde’s recitation of the case background, the American... READ MORE

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