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Defined Contribution Plans

Legislation that seeks to stem retirement plan leakage by providing incentives for the use of automatic portability arrangements in defined contribution plans picked up support in the U.S. House of Representatives.  The Advancing Auto-Portability Act of 2022 (H.R. 9252) was introduced Oct. 28 by... READ MORE
“…after meaningful motion practice, discovery, and arm's-length negotiations by experienced counsel, including a private mediation with an experienced neutral mediator,” the parties in an excessive fee suit have come to terms — in less than a year. The parties here — plaintiffs Trudy Clark, Donna... READ MORE
Feeling SECURE? We’re still fairly new at implementing the first one, and here comes the second. In an Oct. 24 session of the 2022 ASPPA Annual conference, two industry experts offered a deep dive into what part two may portend.  “The legislative process is a mystery,” said American Retirement... READ MORE
In working on behalf of retirement plans, retirement plan participants, and those who support them, one of the constants is the importance of a bipartisan approach, American Retirement Association CEO and ASPPA Executive Director Brian Graff stressed in his opening remarks at the 2022 ASPPA Annual... READ MORE
The IRS has announced cost-of-living adjustments affecting dollar limitations for pension plans and other retirement-related items for tax year 2023. The 2023 limits are contained in Notice 2022-55, released Oct. 21.  The limits for 2023 are as follows. The limitation under Code Section 402(g)(1... READ MORE
Just as the Department of Labor (DOL) gets set to release a final regulation allowing the use of environmental, social and governance (ESG) factors by fiduciaries when selecting plan investments, another bill has been introduced in Congress that seeks to dial that back.  The Safeguarding... READ MORE
Retirement Income! There is a lot of activity, and it’s starting to take into account the needs of clients who are about to retire and who have retired for several decades of a new life chapter — finally! Not just a product and profitability focus — a focus on the diverse reality of real lives of... READ MORE
Legislation that could affect retirement plans is pending on Capitol Hill — the midterm elections loom and its remaining weeks after that will be a “lame-duck” session. But that may not spell doom for those bills, suggested American Retirement Association CEO Brian Graff at the Oct. 3 opening... READ MORE
We deal with a lot of gaps in our lives—gaps because there is a difference between what we want and/or expect and reality.   Among others, there are wealth gaps, communication gaps, generation gaps, and — when it comes to retirement — coverage gaps. But when it comes to helping people make good... READ MORE
New research finds that households with public-sector defined contribution (DC) plan participants who have a primary defined benefit (DB) plan feel more comfortable spending than those without a primary DB plan, but that comfort level may be short-sighted. According to the research conducted by... READ MORE
The IRS on Sept. 26 in Notice 2022-45 announced that it is extending the deadline by which certain plans must be amended under the CARES Act and the Taxpayer Certainty and Disaster Tax Relief Act of 2020.  CARES Act and Relief Act Specifically, the deadline is extended under Section 2202 of the... READ MORE
We don’t know all the particulars yet, but a number of pending excessive fee suits have announced settlements. In a case of good news, bad news, the pace of excessive fee settlements seems to be accelerating (that would be the bad news), but the size of those same settlements seems to be declining... READ MORE
Another excessive fee suit—and this one involving proprietary funds—has been decided in favor of the plan fiduciaries. The victor here—Goldman Sachs and its $7.5 billion 401(k) plan on behalf of some 35,000 participants, according to the lawsuit—another filed by Nichols Kaster PLLP (and MKLLC Law... READ MORE
Our industry has long fretted over how 401(k) participants will respond to volatile markets. And perhaps not surprisingly, these days the headlines are, generally speaking, full of “stay the course” assurances.    That said, as recently as a month ago the headlines — even OUR headlines read things... READ MORE
As the dust settles from the pandemic and we take stock of the debris, it’s instructive to consider how it affected retirement saving and retirement accounts. A recent study looks at that, and adds an historical perspective that also looks at the effects of another recent significant disruption. —... READ MORE
A new suit claims that the decision to retain proprietary funds in the 401(k) was “polluted by self-interest,” driven by a “blind preference” and that “defendants’ favoritism has led to the payment of excessive investment management fees. This time the plaintiff is current participant Sandy... READ MORE
We now have legislative language for the Enhancing American Retirement Now (EARN) Act—and a quick review finds a change from the concept draft regarding catch-up contributions. In June, the Senate Finance Committee approved the EARN Act by a unanimous 28-0 vote, but the legislation at that point... READ MORE
A case that hinged on the determination of fiduciary status based on control of plan assets—has been decided—again—in favor of the defendants.  The original suit (Rozo v. Principal Life Ins. Co., S.D. Iowa, No. 4:14-cv-00463-JAJ-CFB, 5/12/17), was brought by plaintiff Frederick Rozo[1] on behalf... READ MORE
ERISA’s anti-alienation provisions generally serve to protect/shield retirement assets from garnishment—there is, however, an exception—and Evan Greebel just found out the hard way. In 2017, Evan Greebel was convicted of Conspiracy to Commit Wire Fraud and Conspiracy to Commit Securities Fraud as... READ MORE
The Plan Sponsor Council of America (PSCA) has released a new campaign to help American workers better understand their retirement plan and retirement readiness by “Knowing Your Numbers.”  The Friday after Labor Day has been designated 401(k) Day—a day to focus on retirement planning and... READ MORE

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