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Fiduciary Governance

With myriad rules to follow and deadlines to meet, it’s only natural that ongoing but occasional requirements may be a bit innocuous and easier to put at the bottom of the “to do” list — or leave off that list altogether. Required minimum distributions (RMDs) may be among those innocuous... READ MORE
Thanksgiving has been called a “uniquely American” holiday, and though that is perhaps something of an overstatement, it is unquestionably a special holiday, and one on which it seems appropriate to reflect on all for which we should be thankful.Here’s my list for 2017:I am thankful that — for the... READ MORE
Several years ago, the Department of Labor engaged in a major regulatory effort to improve retirement plan fee disclosures, but new research suggests that many workers are not reading their plan disclosures and are unfamiliar with the fees being charged for managing their funds. The report by the... READ MORE
First, do no harm. A term commonly applied to the practice of medicine, but a recent blog post by Christopher Carosa applies it to fiduciary practices.In “Fiduciary Standard Quandary: First Avoid ‘Harm’onization,” FiduciaryNews’ Carosa argues that while the DOL fiduciary rule may be fairly... READ MORE
The National Association for Fixed Annuities hasn’t had much success thus far in its litigation challenging the Department of Labor’s (DOL) fiduciary regulation — until now.NAFA’s “win” was persuading the District of Columbia U.S. Circuit Court of Appeals to grant its motion to temporarily suspend... READ MORE
Ohio Sen. Sherrod Brown (D) plans to introduce a bill intended to protect pension benefits for retirees in multiemployer DB plans. He made the announcement at a recent event in Youngstown, OH.Brown intends the bill to protect the retirement benefits of participants and retirees in multiemployer... READ MORE
Pension risk transfer is firmly entrenched, and for a variety of reasons. Some recent analyses offer their perspectives on the practice. “For several decades, corporate America had been looking for ways to shed the increasing costs and performance risk of sponsoring traditional, defined-benefit... READ MORE
The technological revolution that has ushered in today’s electronic age is a thing of wonder. But it has also opened the door to theft and abuse of money and information, including from retirement accounts. A recent article discusses what can be done to address the threat. In “Cybersecurity... READ MORE
While many are likely aware that the Best Interest Contract Exemption (BICE) requires satisfaction of three impartial conduct standards, there is a fourth, less well known requirement.In a blog post concerning the Department of Labor’s (DOL) fiduciary rule and exemptions, ERISA attorney Fred Reish... READ MORE
The Federal Bureau of Investigation has raided the offices of Vantage Benefits Administrators “amid concerns that money may be missing from retirement accounts the company manages,” according to the Dallas Morning News. Founded in 1993, Vantage Benefits describes itself as a full-service TPA... READ MORE
“All politics is local,” former Speaker of the House Tip O’Neill (D-MA) was fond of saying. That principle holds for ERISA enforcement, too, at least according to an expert panel at an Oct. 25 session at the ASPPA Annual conference held in National Harbor, MD.Drinker Biddle Reath LLP Partner... READ MORE
In a recent blog post on the fiduciary rule, Fred Reish notes that the fiduciary and best-interest standards of care, as well as the prohibited transaction rules, will have some unexpected effects — and he offers an example. When plan or IRA assets are held by a custodian, Reish notes that... READ MORE
“We’re establishing a standard for you to go by.” That is how J.K. Nowiejski of Nova 401(k) Associates characterized the Department of Labor’s (DOL) approach in auditing and investigating retirement plans. He was joined by Drinker Biddle Reath LLP Partner Heather Abrigo in addressing trends in... READ MORE
The Pension Benefit Guaranty Corporation (PBGC) announced on Oct. 16 that it is launching a new pilot program that will offer mediation in certain Termination Liability Collection and Early Warning Program cases. The PBGC says that it decided that the pilot project would concern such cases because... READ MORE
The Department of Labor (DOL) continues to fight an attempt by at least one fiduciary rule opponent to pursue its case in court. In an Oct. 13 filing, the DOL repeated its request that the court grant its July motion to stay proceedings “because it would conserve judicial resources to await... READ MORE
There’s an old saying that when you assume… well, here are six assumptions that can create real headaches for retirement plan fiduciaries.Assuming that not being required to have an investment policy statement means you don’t need to have an investment policy.While plan advisers and consultants... READ MORE
One of the fiduciary regulation’s most ardent supporters has expressed both concerns — and skepticism — that brokerage firms are shifting investors into account structures that result in higher costs.The Consumer Federation of America (CFA) recently wrote to Secretary of Labor Alexander Acosta,... READ MORE
A published report says the Trump administration is prepared to nominate a new Assistant Secretary for the Department of Labor’s Employee Benefits Security Administration (EBSA). Politico Pro says that the much-anticipated nod will go to Preston Rutledge, currently Senior Tax and Benefits Counsel... READ MORE
Securities and Exchange Commission Chairman Jay Clayton reiterated on Oct. 4 that he is “focused on the standards of conduct” for investment professionals. He made his remarks in testimony before the House Financial Services Committee concerning the SEC’s agenda, operation and budget.Clayton’s... READ MORE
Rep. Ann Wagner (R-MO) introduced legislation on Sept. 27 that would repeal the Department of Labor’s (DOL) fiduciary rule and create a new standard of conduct for brokers and dealers.Wagner has had her sights set on rolling back the fiduciary regulation since 2015, when she first introduced... READ MORE

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