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Fiduciary Governance

ERISA does not preempt the application of all federal laws and regulations to retirement plans — and that includes website privacy standards set by the Federal Trade Commission.In a recent post on his Business of Benefits blog, Robert Toth, Principal at Toth Law, discusses a recent court ruling on... READ MORE
The latest issue of Employee Plans News, which the IRS issued on Sept. 30, provides comprehensive access to information concerning forms, correcting mistakes, plans and more that have been updated since the last issue of the newsletter.The information that can be accessed through Issue No. 2015-10... READ MORE
Do you or a client have participants who have not claimed their pension funds? The Pension Benefit Guaranty Corporation (PBGC) in its Fall 2015 Retirement Recap newsletter features information on what to do about unclaimed pensions.Information is available from the PBGC about unclaimed pensions... READ MORE
Excessive fees and all the matters attendant to them are topics that should be brought to a retirement plan committee to address. In “How Long Can You Hold Your Breath?,” a column by David J. Witz that appeared in the Summer 2015 issue of Plan Consultant, Witz argues that the statute of limitations... READ MORE
When it comes to workplace retirement plans, there are three kinds of people: those who are ERISA fiduciaries and know it, people who aren’t ERISA fiduciaries and know it, and people who are ERISA fiduciaries and don’t know it.If you’re in the first or last category — well, here are seven things... READ MORE
As the comment period window closes on the Labor Department’s fiduciary proposal, the American Retirement Association has filed a supplemental comment letter with the DOL — and another House subcommittee schedules a hearing on the subject.Specifically, the ARA sought to “amplify and clarify” two... READ MORE
The period during which the Department of Labor’s Employee Benefit Security Administration (EBSA) will accept public comments on the fiduciary proposal closes on Sept. 24.A comment may be submitted through one of the following methods: Email: [email protected]; include ZRIN 1210-ZA25 in the subject... READ MORE
Skepticism about the Department of Labor’s (DOL) proposed fiduciary rule is mounting — and not just from President Obama’s opposition. Concerned about consumer choice and access to advice, as well as the possible effect of the rule on the cost of saving for retirement and on the poor and middle... READ MORE
An employer sponsor of a SIMPLE IRA plan must restore to the plan withheld contributions that never made it into the plan’s funds, the U.S. District Court for the District of Connecticut ruled on Sept. 9. American Materials Corp. was the plan’s sponsor and administrator, and its president, Donald J... READ MORE
The Department of Labor (DOL) hearings may be over, but a House committee plans to hold a hearing of its own on the fiduciary rule reproposal and its impact on younger savers.House Ways & Means Oversight Subcommittee Chairman Peter Roskam (R-Ill.) proclaimed 2017 as “the year when tax reform... READ MORE
The IRS Employee Plans Compliance Unit (EPCU) has updated the information concerning its project on terminated plans with outstanding participant loans.Through the project, the EPCU is attempting to determine if outstanding loan balances at the time all plan assets were distributed were treated... READ MORE
There is frequently a difference between doing all that the law requires of a plan sponsor and doing everything that could be done.Here are five things that plan sponsors don’t always do — but should.1. Have a Plan/Plan Investment Committee.ERISA only requires that the named fiduciary (and there... READ MORE
The Department of Labor (DOL) has launched a new initiative in the communication “war” about its conflict of interest proposal.The DOL recently published a “Q&A on Small Savers” which leads off by stating, “Small IRA savers may not be who you think they are,” and goes on to point out that more... READ MORE
Editor’s Note: This is the first of a three-part series by Peter Preovolos on being a 3(16) plan administrator.There’s a lot of talk in the retirement industry these days about becoming a 3(16) plan administrator to plan sponsor clients. But what exactly does that entail, and how would it benefit... READ MORE
We’re months away from December, but it felt like a fiduciary rule Festivus on Capitol Hill Sept. 10 as members of Congress aired their grievances about the Department of Labor’s (DOL) proposed extension authority to regulate assets contained in retirement accounts.Two subcommittees of the House... READ MORE
The Pension Benefit Guaranty Corporation (PBGC) and Sears Holding Corp. have entered into an agreement that protects the latter’s pension plan. The agreement protects them as well as the plan’s pension insurance; it also allows Sears Holding Corp. to continue to protect certain special-purpose... READ MORE
The Department of Labor’s Employee Benefit Security Administration (EBSA) granted a prohibited transaction exemption for certain entities with specified relationships to Deutsche Bank AG.PTE 2015-15, published in the Sept. 4 Federal Register, will allow those entities to continue to rely on PTE 84-... READ MORE
Congress returns from its summer break next week, and House Republicans are wasting no time reengaging in oversight of the Department of Labor’s (DOL) fiduciary rule re-proposal.On Sept. 10, two subcommittees of the House Financial Services Committee are planning to hold a joint hearing on the... READ MORE
Fewer multiemployer pension plans are in bad shape, according to figures just released by the IRS Employee Plans Compliance Unit (EPCU). The EPCU updated the data concerning its Multiemployer Actuarial Certification Project, which shows a slow but steady improvement in the status of multiemployer... READ MORE
Can plan fiduciaries sue to recover overpayments made many years ago?Case law has recognized the right of a fiduciary to recover overpayments, but a recent case involving a pension plan’s attempted recovery highlights some of the potential hurdles.The case in question involved the Pharmacia... READ MORE

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