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Fiduciary Governance

The Department of Labor’s newly finalized prohibited transaction exemption for offering investment advice was published in the Federal Register Dec. 18, yet questions remain about whether it will actually come to be.  Released on Dec. 16, the new, principles-based prohibited transaction class... READ MORE
In the first enforcement action of its fiduciary rule, Massachusetts has charged online trading platform Robinhood with, essentially, taking advantage of inexperienced investors. More specifically, Secretary of the Commonwealth William F. Galvin has charged Robinhood Financial, LLC over the... READ MORE
The Department of Labor has rolled out a new prohibited transaction exemption for offering investment advice, and some good news on rollover advice—but it may be short-lived. Less than 24 hours after the release from review by the Office of Management and Budget, the DOL has unwrapped a new... READ MORE
There’s been increasing awareness—and litigation—regarding cyber security and participant accounts—and the Labor Department has taken notice. Sources tell us that plan audits are now asking to see employers’ written cybersecurity policies and procedures—and asking about cybersecurity attacks, and... READ MORE
The Department of Labor’s proposed new fiduciary rule has moved one step closer to being finalized and could be released any day now.  The DOL sent the final version on its proposed advice package, “Improving Investment Advice for Workers & Retirees,” to the White House’s Office of Management... READ MORE
Once again, the Department of Labor has taken comments on a controversial proposal to heart, and pulled back on the letter, if not the impetus, in its final rule of plan proxy voting. As had been the case with its recent rulemaking on Environmental Societal & Governance (ESG) investing (more... READ MORE
Recent reports of 401(k) thefts and an ongoing concern about cybersecurity (should) have everybody on the alert. Here’s some things you, your clients, and their participants should check out—now. Find Your Account(s) It may have been a while since you checked out your 401(k) balance—indeed, many... READ MORE
There is never a bad time to do the right thing, and a Dec. 2 ASPPA webcast provided a reminder of why that is important for a retirement professional to remember and apply.  In “Ethics—It Is Never the Wrong Time to Do the Right Thing,” American Retirement Association Director of Technical... READ MORE
Just ahead of the Thanksgiving holiday, another 401(k) plan fiduciary was sued for excessive fees and an allegedly imprudent selection of target-date funds. The plaintiffs here[1]—Cheyenne Jones and Sara J. Gast, former employees of independent bottler Coca-Cola Consolidated Inc. and current... READ MORE
The owners of Vantage Benefits Administrators have been sentenced by a federal judge for their role in a $15 million embezzlement scheme—and it seems fair to say he “threw the book” at them. Vantage Benefits Administrators co-owners Jeffery Richie, 55, and his wife Wendy Richie, 59, pled guilty to... READ MORE
The Social Security Administration (SSA) has announced that the Office of the Chief Actuary has updated the actuarial valuation of the combined Old Age and Survivors Insurance (OASI) and Disability Insurance (DI) trust funds.  The update accounts for the implications of the pandemic and the... READ MORE
The importance of information technology, which had already been growing, is in even sharper relief with the challenges businesses face this year. In an ASPPA All Access session, industry experts offered ideas and insights concerning IT and how it figures in business operations and decision makers... READ MORE
It was a short week, but a busy one for the Labor Department, as it dropped off a second final rule at the OMB for evaluation.  The final rule on “Fiduciary Duties Regarding Proxy Voting and Shareholder Rights” was received at the Office and Management Budget on Nov. 25, just a day after the final... READ MORE
A suit which had alleged that a profit-sharing plan’s investment allocation was “inappropriate” and the plan fiduciaries’ actions in establishing and maintaining it imprudent has settled. The settlement (Toomey v. DeMoulas Super Markets, Inc., D. Mass., No. 1:19-cv-11633, motion for settlement... READ MORE
In a year chock-full of proposed rules and final regulations, the Labor Department has apparently wrapped up its work on a new fiduciary rule. According to a posting on the Office of Management and Budget website, the DOL on Nov. 24 dropped off its final rule on its proposed advice package, “... READ MORE
The sudden rise and spread of COVID-19 wreaked havoc with plan administration—including communication with plan participants concerning the plan and changes to it.  In “Communicating Retirement Plan Changes During COVID-19,” an entry in Cammack Retirement’s Insights blog, Joey Payne discusses the... READ MORE
Industry experts in a Nov. 11 session of ASPPA All Access discussed ways to measure return on the investment of resources that is entailed in business activity. Megan Crawford, partner at Williams Benefit Consulting, LLC and who also serves as Co-Chair for the ASPPA Women in Retirement Conference... READ MORE
Thanksgiving has been called a “uniquely American” holiday—and so, even in a year in which there has been an unprecedented amount of disruption, stress, discomfort and loss—there remains so much for which to be thankful.  I’m thankful that so many employers (still) voluntarily choose to offer a... READ MORE
ASPPA is always providing information and insights that will be valuable to its members! Following is a summary of upcoming webcasts. Live Webcasts   ASPPA Webcast: Ethics—it’s Never the Wrong Time to Do the Right Thing Wednesday, Dec. 2, 2020 2:00 – 2:50 p.m. ET Speaker: Bob Kaplan, CFP, CPC,... READ MORE
The Department of Labor’s final rule preventing plan fiduciaries from selecting investments based on non-pecuniary considerations and requiring them to base investment decisions on financial factors was published in the Nov. 13 Federal Register.  The final rule—which moved away from the proposed... READ MORE

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