Nevin Adams

Seven months ago, the United States Supreme Court asked the Solicitor General of the United States to weigh in on a case with significant implications for the burden of proof in ERISA lawsuits. Now they have. In a 28-page “friend of the court” brief (Putnam Investments, LLC v. Brotherston, U.S.,... READ MORE

Noting that “many employers would like to offer a 401(k), but the private market doesn’t offer low-cost, hassle-free options,” Democratic candidate for President (and current South Bend, IN mayor) Pete Buttigieg has unveiled a “Public Option 401(k).”  According to a 19-page white paper issued by... READ MORE

On Nov. 22, the American Retirement Association weighed in on the Labor Department’s e-delivery proposal. The proposal – which fulfills a key component of President Trump’s August 2018 retirement security Executive Order – would allow plan administrators who satisfy specified conditions to provide... READ MORE

What’s a plan fiduciary to do when a participant’s designated beneficiary is responsible for the participant’s death? That was the case in Estate of Brownell v. Lyczak (D.N.J., No. 18-16803, 10/25/19). As it turns out, on Dec. 30, 2017, Colleen Brownell was killed; on Feb. 1, 2019 the defendant in... READ MORE

Halloween is the time of year when one’s thoughts turn to trick-or-treat, ghosts and goblins, and things that go bump in the night. But what keeps - or should keep – plan fiduciaries up at night? Well, there are the things like… Changing Providers Industry surveys routinely point to a certain... READ MORE

I’ve never had very healthy eating habits – even as a child. And while this wasn’t a concern of mine at the time, my parents were quite insistent that either I start taking vitamins or improve my eating habits. Figuring that it was the lesser of two “evils,” I went for the pill. Well, until I saw... READ MORE

Plan sponsors have a lot of responsibilities and often rely on others to help them keep their plan operating in accordance with the law. And yet, even with the most attentive plan sponsors, mistakes (still) occur.  Here’s a list of some of the most common missteps:  1. Not using the plan’s... READ MORE

Financial literacy has long been touted as something of a “silver bullet” in helping workers make better financial decisions – and now there’s a call to make it a mandatory employment offering.  Now, we all know that lots of workers get their first (and for many only) exposure to financial markets... READ MORE

The Treasury Department and IRS have published final regulations on hardship distribution options – and there are some changes, and clarifications, from the proposed version. You’ll recall that the Bipartisan Budget Act of 2018 (BBA 2018) directed the Secretary of the Treasury to “modify §1.401(k... READ MORE