The “F” Word is Getting a Lot of Attention

The system would feed articles and news regarding these topics to me once a week. On average, I would get 2-5 decent articles per month. Fast forwarding to the past 12 months, I have had to change the frequency to daily so not to be buried by information overload. On Monday alone, there were 10 and that has been consistent for the past year. The point is that the interest in fiduciary responsibilities and best practices in light of the recent market volatility has never received so much attention by the media.

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Target-date Funds Under the Microscope

Robert Powell’s article on Marketwatch is a well written overview of the concern Congress has regarding these funds’ performance and construction, which consequentially were given Congress’s blessing in the ’06 Pension Protection Act. However, it was clearly stated in the PPA that a company’s fiduciaries must do their due diligence in reviewing these funds, just like the other investment options in the plan

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3 Simple Steps on How to Decrease the Risk of Participant Lawsuits

Step #1: Take Advantage of the Available Safe Harbors. Participants need help, and one of the safe harbors specifically helps participants and protects plan fiduciaries alike. The PPA created the role of PPA Fiduciary Adviser, which provides investment advice for a fee. Most providers have not responded because the regulations are simply too onerous. However,…

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Conflicting Interests – DoL 401(k) Participant Advice Rule May Not See Light of Day 1/29/09

“The controversy exists in that the person delivering the advice must adhere to specific fiduciary criteria, but their affiliated firm, whether that’s a broker-dealer, mutual fund company, insurance company, or bank, does not,” said Griffeth. The new rule “opens the door for conflicts of interest to exist on the part of brokerage firms and mutual fund firms at the sake of participants, whom I fear wouldn’t know what questions they should ask to ferret out conflicted advice.”

“…In essence, he said the broker- dealers, insurance companies, banks, and mutual fund companies could play “puppeteer” with the advisers that are meeting with participants to benefit their own pocketbooks, not the participants.” – Chad Griffeth, BeManaged | Actium

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New Disclosure Requirements Proposed for Self-Directed Defined Contribution Plans

The U.S. Department of Labor (DOL) recently issued proposed regulations that would require all participant-directed individual account plans (e.g., 401(k) and profit-sharing plans) to make additional disclosures to participants. The regulations are part of the DOL’s continued emphasis on ensuring plan participants and beneficiaries have all the information they need to make informed decisions regarding the management and investment of their retirement savings. If finalized, the regulations would apply for plan years beginning on or after January 1, 2009.

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401k Fee Disclosure: A Bloomberg Primetime Special

  Two weeks ago, Bloomberg had a prime time special on 401(k) fees, specifically those hidden in the fine print. It was a powerful show, as it demonstrated how difficult it is for professionals, much less participants, to make sense of the fees being charged to numerous plans. Most of those highlighted were plans provided…

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Are You a Fiduciary?

What Does Fiduciary Mean? 1. A person legally appointed and authorized to hold assets in trust for another person. The fiduciary manages the assets for the benefit of the other person rather than for his or her own profit. Investopedia explains Fiduciary 1. Children or elderly people typically need a fiduciary. The person who looks…

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