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Nevin E. Adams J.D.

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
Yesterday was, of course, Father’s Day—but my dad’s decision to retire was driven more by time than timing.  Like many of his generation, once he got to 65, it was time to “retire.” He didn’t have a pension (fortunately for him, my mother did), though he had Social Security, and savings in a 403(b... READ MORE
Bipartisan legislation introduced in the U.S. Senate June 15 seeks to stem retirement plan leakage, backing auto-portability and a tax credit for adopting employers.  The Advancing Auto Portability Act of 2022, introduced by Sens. Tim Scott (R-SC) and Sherrod Brown (D-OH) has the potential to... READ MORE
While the past 18 months have often felt like we’re living through an episode of The Twilight Zone—never more so than to realize that this week marks the 20th anniversary of the September 11 attacks.  It’s hard to believe that there are today people in college—and in the workforce –that weren’t... READ MORE
President Biden has issued an Executive Order that, among other things, directs the Labor Secretary to reconsider rules that would have barred consideration of ESG factors in investment decisions. Specifically, the May 20 Executive Order on Climate-Related Financial Risk directs the Secretary of... READ MORE
They say that the third time’s a charm—and our third Fireside Chat is sure to be! Join us today (April 22) at 5:30 p.m. ET where we’ll (that’ll be all of you and me, Nevin Adams) catch up with Bonnie Treichel, and get the inside scoop on one of the hottest trends around—ESG—and an exciting new... READ MORE
New DOL guidance on fiduciary investment advice provides important insights on the agency’s perspective on the new rule, particularly as it relates to rollover advice—and a reminder that other changes may well lie ahead. The guidance, released April 13, relates to the department’s “Improving... READ MORE
An employer, its two plans, and the plan trustee have—together—filed suit against Matrix Trust, alleging that it not only failed to disclose certain fees, but that the custodian held on to them. The class action suit was filed by MBA Engineering, Inc., as Sponsor and Administrator of the MBA... READ MORE
There are lessons in positioning and behavioral finance that we “learned” years ago with 401(k)s that might still be holding back the effective utilization of health savings accounts.    I was reminded of that this week by a recent reader comment on a recent NAPA-Net post: “I was in an HSA, then... READ MORE
The nation’s largest recordkeeper has come to terms with participants in its own 401(k) regarding allegations of excessive recordkeeping fees, along with some changes in practices.   The Case   The original suit was filed in October 2018 by plaintiffs Kevin Moitoso, Tim Lewis and Mary Lee... READ MORE
When was the last time you checked on your 401(k) account(s)?    And yes, I say account(s) because there’s evidence that many of us are leaving our old 401(k)s “behind.” TIAA has estimated that 30% of employees—tens of millions of Americans—left a retirement account at their previous employer,... READ MORE
It seems trite, almost unnecessary, to comment that we are living in and through extraordinary times.    I’m a student of history, and I have often found comfort, if not guidance, from what has gone before. As often as not, however unique and extraordinary the times seem (or are portrayed in the... READ MORE
We could all use some good news—and it looks like those Q2 statements will bring some.   In what was the best quarterly market in decades, the average 401(k) account for younger (25-34), less tenured (1-4 years) workers surged 17.6%, while that of older (age 55-64) workers with more than 20 years... READ MORE
The Labor Department has finally unveiled its much anticipated fiduciary rule, though it’s a mixed bag and has a certain “back to the future” feel, along with some new implications for recordkeepers, Pooled Employer Plans and rollover advice.   Titled “Improving Investment Advice for Workers... READ MORE
The CalSavers Retirement Savings Program is being challenged in court—and now the Labor Department has weighed in.   It’s not the first time the Administration has weighed in on the legality of the program, specifically its preemption under ERISA,[1] or that it has expressed issues with the... READ MORE
There’s generally not much you can learn from litigation settlements—the parties mostly agree to disagree, and the issues raised remain largely unresolved. But there are exceptions.   When the parties to a potential settlement present it to the court for approval, they take pains to point out... READ MORE
Noting its concern “that the growing emphasis on ESG investing may be prompting ERISA plan fiduciaries to make investment decisions for purposes distinct from providing benefits to participants and beneficiaries and defraying reasonable expenses of administering the plan,” the Labor Department has... READ MORE
This Father’s Day, I’ve been thinking about my dad, the life he led, the choices he made, and the legacy he left behind.   I’m not talking about money. In fact, I didn’t learn anything about finance from my dad—he avoided big purchases with the fervor of Ebenezer Scrooge, though he’d spend that... READ MORE
A lawsuit—short on length and allegations, but laden with insinuation—has been filed in the U.S. District Court for the Southern District of Ohio, citing a “failure of effort, competence, or loyalty.”   The suit was filed by plaintiff-participants Gregory Stark, William Gaff, and Michael Lewin as... READ MORE
Inquiries from the Employee Benefit Security Administration regarding plan investments in ESG options are a national focus—motivated by concerns about how those options are being promoted.    Recently we reported that a letter from the New York Regional Office of the Employee Benefit Security... READ MORE

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