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Fiduciary Governance

Limiting plan loans from has come into sharper relief during the COVID-driven economic turbulence. A recent blog post suggests that there are many aspects of plan loans that are especially advantageous to participants at this time.  In “Should Retirement Plan Sponsors Be Limiting Plan Loans?,” an... READ MORE
After the economic strains of 2020—and all that has meant for retirement plans and those who serve and participate in them—there are signs of hope for 2021, said an industry expert in a recent webinar. In the PenChecks webinar “The US Economy in 2021—Implications for the Pension Industry,” Alex... READ MORE
Funded status for typical corporate pension plans changed only slightly in October, says a new study.  According to investment consulting firm NEPC, the funded status of a typical corporate pension plan increased by 0.9%, while that of a frozen pension plan focused on liability-driven investment (... READ MORE
Another multibillion-dollar 401(k) has been targeted in a fiduciary breach suit—but this time the focus isn’t fees, but the choice of target-date funds, and their alleged “abysmal underperformance.” The suit (Cutrone v. Allstate Corp., N.D. Ill., No. 1:20-cv-06463, complaint 10/30/20) has been... READ MORE
This is a rare time. And not just in ways we’ve focused on for seemingly ages—it’s a once-every-four-years time when we select a president. That has great implications for a host of things, including investments—which can affect retirement plans and participants.  And those effects are relevant to... READ MORE
Within the space of three months, two major pieces of legislation were enacted—the SECURE Act and the CARES Act. A panel at an Oct. 27 session of ASPPA All-Access discussed these measures and the opportunities they offer service providers.   Justin Bonestroo, Senior Vice President, CBIZ Retirement... READ MORE
The final rule on ESG investing by ERISA plans steps away from the proposed rule’s focus on ESG. Indeed, the Department of Labor (DOL) notes that “unlike the proposal, the final rule’s operative text contains no specific references to ESG or ESG-themed funds.”  Rather, acknowledging the fluid... READ MORE
Kicking off the ASPPA All Access virtual conference Oct. 26, Brian Graff, CEO of ARA and Executive Director of ASPPA, ARA General Counsel Allison Wielobob and ARA Chief Government Affairs Officer Will Hansen offered their insights into some of the most important legislative and regulatory... READ MORE
The Pension Benefit Guaranty Corporation (PBGC) has released new studies that update its data on single-employer pension plans and multiemployer pension plans.  Single-Employer Plans  The PBGC has released its Analysis of Single-Employer Pension Plan Partial Risk Transfers (Based on Risk Transfer... READ MORE
Another massive 401(k) plan has been targeted with an excessive fee suit, alleging a lack of RFPs, overpriced recordkeeping and managed accounts and self-dealing.  The suit (Guyes et al. v. Nestle USA Inc. et al., case number 1:20-cv-01560), brought in the U.S. District Court for the Eastern... READ MORE
Noting that the settlement agreement is “fair, reasonable, and adequate, and within the range of possible approval,” the parties in an excessive fee suit have come to terms. More specifically, on Oct. 12, 2020, “after extensive litigation, lengthy discovery,[1] and protracted arm’s-length... READ MORE
Editor's Note: This is the eighth installment in a series concerning correcting plan loan failures.  Q. Could an employer deposit the 15% excise tax to participants in the plan rather than send a tiny check to IRS?  A. If you file under the Department of Labor’s Voluntary Fiduciary Correction... READ MORE
In a year full of challenges for plans and plan sponsors alike, we’ve seen a spate of litigation against retirement programs like none in recent memory. So what’s a plan fiduciary to do?  At times, it seems that every plan in American with more than $1 billion in assets has fallen short of at... READ MORE
In response to the Department of Labor’s proposed rule addressing fiduciary duties concerning proxy voting, the Plan Sponsor Council of America says that its “primary concern” is that it is “not needed.” “Existing guidance regarding fiduciaries’ duties relating to securities held in portfolios of... READ MORE
A plan sponsor, sued for a 401(k) account theft, is off the hook for now—but not the recordkeeper. The suit was filed on behalf of Heide Bartnett, 59, a retired former employee of Abbott Laboratories, who had left her savings in the Abbott Corporate Benefits Stock Retirement Plan. Filed against... READ MORE
A different set of plaintiffs tried a (slightly) different approach (with different attorneys) in an excessive fee suit—but got the same result. The defendant in this instance was Trader Joe’s Company Retirement Plan, who had been sued for a variety of alleged fiduciary ills back in 2019 by former... READ MORE
The Pension Benefit Guaranty Corporation (PBGC) has updated its Pension Insurance Data Tables by providing the third installment of 2018 data concerning its Single-Employer and Multiemployer Programs and the private defined benefit pension system.  Highlights of information from this installment... READ MORE
Determining that the decision to pursue litigation was “objectively reckless,” a federal judge has sanctioned the law firm of Schlichter Bogard & Denton with a fine of (up to) $1.5 million. “When dealing with a lawyer, the courts ‘are entitled to demand that an attorney exhibit some judgment.... READ MORE
What does the rest of 2020 portend for retirement plans? The election? American Retirement Association Retirement Education Counsel Robert Richter provided a look ahead, as well as a retrospective of recent months, in a Sept. 23 ASPPA Washington Update webcast.  Not Taking Wing Richter said he is... READ MORE
You might think there couldn’t be another multibillion-dollar 401(k) plan to be sued—and yet there is. This suit was filed by former participant Michael Johnson, “individually and as representative of a class of participants and beneficiaries of the Duke Energy Retirement Savings Plan,” a plan... READ MORE

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