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Fiduciary Governance

Lawsuits have been filed concerning several large corporate pension plans. While those suits involve specific plans, a recent blog entry argues that they have broader implications. In “The Defined Benefit (DB) Lawsuits: Why There May Be Widespread Implications,” a recent entry in Cammack... READ MORE
Plan fiduciaries and retirement plan committees would do well to consider the trends in the ways that retirement plan funds are invested and the behaviors and attitudes of plan participants, recommends a recent analysis. In “Emerging Trends in 401(k) and 403(b) Fund Menus,” a post on Greenspring... READ MORE
Pension plan funding, a perennial issue, was on the rebound as the recovery from the Great Recession took hold, but recent volatility in the financial markets compromised that improvement for many plans. A recent paper argues that one of the keys to buttressing a pension plan’s funding lies in its... READ MORE
The Advisory Council on Employee Welfare and Pension Benefit Plans has recommended that the Department of Labor (DOL) issue new guidance on ERISA bonding, as well as a summary of the requirements for securing a fidelity bond that complies with DOL guidance. The recommendations are contained in “... READ MORE
Fiduciary duty, who is responsible for fulfilling it, and the rules that will — or won’t — guide and regulate it have been generating great attention for years. And for good reason. In “A Cascading Behavioral Roadmap for Fulfilling Fiduciary Duties” a recent blog entry by Neal Shikes, Managing... READ MORE
The times they are a-changin’. At an exciting — and, perhaps in some ways terrifying — pace. But in order to compete, one must embrace and employ the dazzling attributes and developments of our dizzying age. Joey Coleman, Chief Experience Composer of the Design Symphony recently shared his... READ MORE
The Garden State has formally proposed a new uniform fiduciary standard – and there’s some good news.  Issued April 15 by New Jersey Attorney General Gurbir Grewal and the state’s Bureau of Securities, the proposed rule would establish by regulation a common law fiduciary duty and apply it to... READ MORE
Discipline. It can be routine, it can be difficult, but its rewards can be many. Among them, argues a recent blog entry, is the ounce of prevention that consistent application of due diligence offers. In “Due Diligence Is a Piece of Cake — Unless You Don’t Do it,” a post published recently on the... READ MORE
ASPPA is always providing information and insights that will be valuable to its members! Following is a summary of upcoming webcasts and events. Live Webcasts ASPPA Webcast: IRS Audits and DOL Investigations of Plans and TPAsTuesday, April 23, 2019 2:00–3:40 p.m. ETSpeaker: Fred Reish, APM,... READ MORE
The Maryland Senate Finance Committee has overwhelmingly voted to recommend the rejection of a pending fiduciary bill. In fact, 10 out of the 11 committee members voted in favor of a motion to consider Maryland Senate Bill 786 – The Financial Consumer Protection Act of 2019 – as “unfavorable.”... READ MORE
The parties in one of the oldest excessive fee suits have finally come to terms. Those parties – Tussey v. ABB – settled for $55 million which, if approved by a federal judge, would bring to conclusion litigation that was filed in 2005 by Schlichter Bogard & Denton.  The suit had alleged that... READ MORE
A federal appeals court has affirmed summary judgment in a class action suit involving 270,000 plan participants across more than 13,000 plans. The suit was filed in 2015 by plaintiff John Teets, a participant in the Farmers’ Rice Cooperative 401(k) Savings Plan, which had contracted with Great-... READ MORE
A federal appeals court has affirmed summary judgment in a class action suit involving 270,000 plan participants across more than 13,000 plans. The suit was filed in 2015 by plaintiff John Teets, a participant in the Farmers’ Rice Cooperative 401(k) Savings Plan, which had contracted with Great-... READ MORE
What’s in a fund name? More – and less – than you might imagine.  According to a new paper by academics at Kansas State, Saint Louis University and Seton Hall, along with a researcher at the Ipsos Behavioral Science Center, when a participant searches through her plan’s menu of investment options... READ MORE
To outsource or not to outsource: That is the question. Okay, that’s not what the Bard of Avon wrote. But it is the focus of a recent blog entry that outlines the advantages and disadvantages of outsourcing decisions about how a retirement plan’s funds are to be invested. “The responsibility for a... READ MORE
The IRS on March 26 updated its Operational Compliance List for compliance in 2019. The list is intended to help plan sponsors and practitioners achieve operational compliance by identifying changes in qualification requirements effective during a calendar year. The Operational Compliance List:... READ MORE
The Federal Trade Commission (FTC) is considering amendments to cybersecurity rules that could have an impact on retirement plan professionals. The FTC voted 3-2 to propose amendments to the Standards for Safeguarding Customer Information, which became effective on 2003 and requires that financial... READ MORE
Summary plan descriptions (SPDs) are not optional — at least not for plans to which ERISA applies. And that includes retirement plans. A recent blog entry discusses SPD requirements and how they relate to retirement plans, participants and beneficiaries. In “Summary Plan Descriptions: You Gotta... READ MORE
Nevada may be gambling with access to brokerage services for residents, based on the reactions of a number of brokerages to the Silver State’s proposed fiduciary regulation. According to published reports, Morgan Stanley says it would halt its brokerage services in Nevada entirely if the state... READ MORE
Some employers find that financial wellness programs have much to offer: informing and empowering employees to better prepare for their current and future financial security, as well as enhancing their relationship with their employees. And at a comparatively low cost, to boot. A recent article... READ MORE

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