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Nevin Adams

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
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) is moving ahead with its effort to make it easier for states to offer retirement initiatives without running afoul of federal law, sending a proposed rule to the Office of Management and Budget (OMB) for review Sept. 1.The action, noted in an OMB website posting, could... 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
What would a plan conversion be without a “bump” — or two — along the way. But what have you found to be the biggest complicating factor(s)?ASPPA’s Retirement Plan Academy is working on an update of the Retirement Plan Fundamentals (RFP) certificate, and would like to enlist YOUR help in... READ MORE
The public comment period may have closed, but a group of U.S. Senators has weighed in on the proposed fiduciary regs — and lent their support to a recommendation of the American Retirement Association.The letter, signed by Senate Finance Committee ranking member Ron Wyden (Ore.), as well as fellow... READ MORE
The public comment period may have closed, but a group of U.S. Senators has weighed in on the proposed fiduciary regs — and lent their support to a recommendation of the American Retirement Association.The letter, signed by Senate Finance Committee ranking member Ron Wyden (Ore.), as well as fellow... READ MORE
Among the more than 800 comment letters filed on the Labor Department’s fiduciary proposal is one from a fellow federal agency that claims the proposal fails to adequately estimate its cost or the number of firms affected by it.The filing by the Small Business Administration’s Office of Advocacy... READ MORE
Diamonds may be forever, but apparently fiduciary liability for choosing annuities in a DC plan is not.That’s likely the most significant takeaway for advisors and plan sponsors from Field Assistance Bulletin (FAB) 2015-02. In that document, acknowledging that “confusion or lack of clarity” about... READ MORE
Plan sponsors who want to “de-risk” their pension plans will no longer be able to give participants who are currently receiving monthly annuity benefits the option to convert that benefit to a lump sum, according to new rules from the IRS.Notice 2015-49, issued July 9, provides that qualified DB... READ MORE
Plan sponsors who want to “de-risk” their pension plans will no longer be able to give participants who are currently receiving monthly annuity benefits the option to convert that benefit to a lump sum, according to new rules from the IRS. IRS Notice 2015-49, issued June 9, provides that qualified... READ MORE
A House bill would stop the Department of Labor’s fiduciary proposal by cutting off funding to implement the measure.The measure was included by the House Appropriations Committee in the draft fiscal year 2016 Labor, Health and Human Services funding bill, and the Labor, Health and Human Services,... READ MORE
A new report by the Congressional Budget Office (CBO) confirms that in the years to come the U.S Treasury will receive “significant” tax revenues from retirement plan withdrawals.In fact, the CBO’s extended baseline projects that revenues as a share of GDP are projected to climb by about 0.3... READ MORE
Those looking for a bright line of illumination from the U.S. Supreme Court on fiduciary responsibilities in a 401(k) revenue-sharing case were likely disappointed May 18.The case, Tibble v. Edison International, argued before the nation’s High Court on Feb. 24, dealt with the application of ERISA’... READ MORE
The 2015 Retirement Confidence Survey (RCS) by the nonpartisan Employee Benefit Research Institute and Greenwald & Associates finds that the nation’s retirement confidence continues to rebound from the record lows experienced between 2009 and 2013 — but exclusively among those who, directly or... READ MORE
Industry pundits (and many advisors) continue to tout the prudence — if not necessity — of retirement plan lifetime income options but current trends don’t appear favorable, according to John Haley, Chief Executive Officer at Towers Watson.Speaking at a Bipartisan Policy Center event in Washington... READ MORE
Plans that have, or have been contemplating, automatic enrollment features just got some good news from the Internal Revenue Service.In Rev. Proc. 2015-28, issued April 2, the IRS provided new safe harbor correction methods for errors relating to automatic contribution features, including automatic... READ MORE
Your plan sponsor clients just got a little more breathing room on those annual 401(k) plan investment notices.The U.S. Department of Labor’s (DOL) Employee Benefits Security Administration (EBSA) has announced a direct final rule that provides a two-month grace period for participant-directed... READ MORE
If the Government Accountability Office (GAO) has its way, plan sponsors will have a new reporting obligation to the Department of Labor. Specifically, GAO recommends that DOL improve oversight by requiring plan sponsors to notify the agency when they implement lump sum windows, and coordinate with... READ MORE
A 401(k) revenue-sharing lawsuit finally got its day before the U.S. Supreme Court.While the nation’s high court was ostensibly focused on how ERISA’s statute of limitations was to be applied in challenging fiduciary actions, there was also a brisk discussion among the justices about the what, how... READ MORE

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