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Fiduciary Governance

Under questioning at a May 1 hearing on Capitol Hill, Secretary of Labor Alexander Acosta appeared to confirm that the Department of Labor will issue a new fiduciary rule.  Acosta appeared before the House Education and Labor Committee for a hearing to examine the policies and priorities of the... READ MORE
It’s easy to assume that if everyone did their part individually, a team would function smoothly and efficiently, but group dynamics, synergy and demographics all can either contribute or detract from an investment committee’s effectiveness. A new white paper the firm Arnerich Massena, “Investment... READ MORE
Plan sponsors often gloss over the reality that they are ERISA fiduciaries – or think that if they have hired an advisor, they’ve basically hired a stand-in for that responsibility. But there’s another mistake that even the most well-intentioned make – with remarkable frequency, based on what I... READ MORE
Plan sponsors and service providers already take seriously their responsibilities to protect participant data, but where are the lines of responsibilities and accountability in the event of a breach? That was the focus of a workshop at the Plan Sponsor Council of America’s 2019 National Conference... READ MORE
Over the past decade and change, there have been a number of high-profile excessive fee suits brought against retirement plan fiduciaries, notably the plan committees that oversee these programs. Here’s what your plan committee members should know. 1. Why they are a member of the committee. Today... READ MORE
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 TPAs Tuesday, April 23, 2019 2:00–3:40 p.m. ET Speaker: 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

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