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Fiduciary Governance

In a case that has lumbered around since a 2017 embezzlement by Vantage Benefits Administrators, a custodian has finally been able to clear its name. The action followed an Oct. 31, 2017 raid by the Federal Bureau of Investigation on the offices of Vantage Benefits Administrators “amid concerns... READ MORE
Plan documents, and compliance with the rules and regulations governing them, can be complicated and are always important. An industry expert in a recent ASPPA webinar outlined what can be done if one has made an error with one.  John P. Griffin, JD, LLM Principal at the ASC Institute, reminds... READ MORE
Capozzi Adler and Miller Shah have wrested another settlement in an excessive fee suit—in record time. This time it’s the $1.2 billion Rush University Medical Center 403(b) plan—sued by four former workers just a few months ago (Jan. 21, 2022) who has agreed to settle for $2.95 million—as well as... READ MORE
July can be depended upon to bring some heat to the United States, and 2022 did not disappoint—and that included private-sector pension plans, according to recently released figures.  Funded Status July brought good news according to October Three, which tracks two hypothetical pension plans—one... READ MORE
Three Senate Democrats have written to Fidelity, raising concerns once again about the “dangers” associated with investing in bitcoin and digital assets, especially within retirement plans.  In their July 26 letter to Fidelity Investments CEO Abigail Johnson, Sen. Dick Durbin (D-IL), the Senate’s... READ MORE
A $5.1 million settlement of a suit involving excessive fee allegations regarding a $15 billion plan with a settlement structure has been approved by the court. The History Back in June 2020, the $15 billion Costco 401(k) plan was sued in the U.S. District Court for the Eastern District of... READ MORE
Another excessive fee suit—heavy on definitions and allegations, including a couple of potshots at the providers involved—has been filed in the U.S. District Court for the District of Minnesota. Minnesota hospital system North Memorial Health Care has been charged (Keller v. N. Mem’l Health Care,... READ MORE
As new rules about rollover disclosures kick in, a new report highlights an often unacknowledged risk of rollovers—high(er) fees. That’s right—a new report from Pew Trusts seems to have stirred up a new awareness of that issue—all this attention just as PTE 2020-02 brings the written requirement... READ MORE
A recent appellate court decision warrants a rethink of an excessive fee suit decision—at least that’s the argument being made by the plan fiduciaries. The suit in question was filed by a group of participant-plaintiffs in the $5.354 billion Humana Retirement Savings Plan (represented by the law... READ MORE
After nearly a year of negotiations (though that’s a pretty short turnaound by some measures), the parties in an excessive fee suit have asked for the court’s approval on a settlement agreement struck by the parties. The plan in question—more specifically the plan fiduciaries—involved are those of... READ MORE
Noting that “precedent has overtaken some of the debates in the case,” a federal appellate court has weighed in on an excessive fee case—affirming the rejection of most, but not all, of the plaintiffs’ claims.   The Case The defendants in this case are the fiduciaries of Cincinnati-based... READ MORE
Eleanor Shellstrop has operated her fledgling business, The Good Place, for about seven years now. She established a 401(k) Profit Sharing Plan somewhere around Year 2 at the recommendation of her CPA. The CPA set up the plan for her with a bundled service provider. Whatever the CPA put on the... READ MORE
An ex-participant whose 401(k) account was drained of some $750,000 by a “fraudster” has filed suit against the plan fiduciaries, the recordkeeper and the trustee for alleged breaches of fiduciary duty in not preventing the theft. The participant-plaintiff here is one Paula Disberry, who worked... READ MORE
Continuing their two-decade decline, the average expense ratio paid by fund investors fell again last year, Morningstar’s annual U.S. Fund Fee Study reports.    The study, which evaluates trends in the cost of U.S. open-end mutual funds and exchange-traded funds (ETFs), found that the asset-... READ MORE
A federal appellate court has backed the dismissal of an excessive fee suit, rejecting the notion that offering actively managed funds—even those with disappointing performance—by itself doesn’t support allegations of a fiduciary breach. Interestingly enough, it’s the first such appellate court... READ MORE
Broker-dealers and advisors doing business in the Silver State will want to pay attention to newly proposed regulations defining the state’s fiduciary standard, as well as broader changes to practices and procedures.   Efforts by Nevada regulators to implement guidance defining the state’s... READ MORE
The Pension Benefit Guaranty Corporation (PBGC) and the IRS on July 7 issued fresh guidance on special financial assistance (SFA) applications.  More specifically, the PBGC issued a final rule setting forth the requirements for SFA applications and related restrictions and conditions in accordance... READ MORE
The Labor Department is pushing back against litigation challenging specific elements of its FAQs regarding the fiduciary rule. The suit (Am. Sec. Ass’n v. U.S. Dep’t of Labor, M.D. Fla., No. 8:22-cv-00330, complaint filed 2/9/22) was one of two filed earlier this year challenging the DOL’s... READ MORE
There’s a battle brewing in Battle Creek about excessive recordkeeping and managed account fees. Bradley H. Fleming, a former accountant at Kellogg’s, has sued his former employer, the Kellogg Co., its board of directors, its ERIA finance committee and its ERISA administrative committee claiming... READ MORE
A federal appellate court has backed the dismissal of an excessive fee suit, rejecting the notion that offering actively managed funds—even those with disappointing performance—by itself doesn’t support allegations of a fiduciary breach. Interestingly enough, it’s the first such appellate court... READ MORE

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