Definition of an Investment Advice Fiduciary On April 25, 2024, the Department of Labor (Department) issued the final Retirement Security Rule and amendments to several existing Prohibitive Transaction Exemptions. This regulation is effective on September 23, 2024....
Please access our summary of the Labor Department’s long awaited final rule on Financial Factors in Selecting Plan Investments here. We find the approach in the investment selection process for fiduciaries to remain consistent with the long-imposed ERISA framework. ...
INTRODUCTION On October 14, 2021, the Department of Labor (DOL) issued proposed rule, Prudence and Loyalty in Selecting Plan Investments and Exercising Shareholder Rights , which replaces the current regulation, the Financial Factors in Selecting Plan Investments rule...
ERISA and the IRC establish prohibited transaction provisions that generally exclude fiduciaries, with respect to workplace retirement plans (Plan or Plans) and individual retirement accounts and annuities (IRAs), from engaging in self-dealing and receiving...
The Employee Benefits Security Administration of the Department of Labor issued a new guidance for plan sponsors and fiduciaries regulated by the Employee Retirement Income Security Act (ERISA). The guidance offers tips and best practices in three areas: Tips for...
POOLED EMPLOYER PLAN (PEP) created in 2019 under the Setting Every Community Up for Retirement Enhancement Act of 2019 (SECURE Act) intends to: Extend retirement plan accessibility especially to small employers (according to the Federal Reserve Report on the Economic...
On November 13, 2020, the DOL issued final regulation, to promulgate principles of fiduciary standards for selecting and monitoring investments, and set forth the scope of fiduciary duties surrounding nonpecuniary issues. The final rule makes five major amendments to...
The Department of Labor’s Employee Benefits Security Administration (EBSA) announced an interim final rule (IFR) for administrators of defined contribution retirement plans, such as 401(k) plans. EBSA is issuing the rule in response to the Setting Every Community Up...
Based on the increase in the Consumer Price Index (CPI-W) from the third quarter of 2018 through the third quarter of 2019, Social Security and Supplemental Security Income (SSI) beneficiaries will receive a 1.6 percent COLA for 2020. Please retrieve the Social...
On May 22, 2019, the Internal Revenue Service issued Revenue Procedure 2019-25, announcing the 2020 inflation-adjusted amounts for Health Savings Accounts (HSAs), as determined under the Internal Revenue Code § 223. Here is a comparison of the HSA calendar year 2019 and 2020 annual limits.
In its thirst to maintain and grow assets under administration in an increasingly competitive and dwindling fee environment, a recordkeeper must find a balance between the services it offers and the overall (direct and indirect) revenue generated in support of such...
This class action lawsuit shines a light onto the revenue sharing (or possible self-dealing and prohibited transactions) relationship between a recordkeeper and a managed account provider. Although it is premature to suggest who will prevail in this suit, it is fair...
On June 30, 2016, a class action complaint was filed by Steve Wadman, et al (Plaintiffs), against American Century (Defendants). On January 23, 2019, Chief Judge Greg Kays, issued a finding of facts and conclusion of law and dismissed all counts in favor of...
On November 1, 2018, the Internal Revenue Service announced cost of living adjustments affecting dollar limitations for pension plans and other retirement related items for Tax Year 2019.
On May 14, 2018, the Internal Revenue Service issued Revenue Procedure 2018-30 , announcing the 2019 inflation-adjusted amounts for Health Savings Accounts (HSAs), as determined under the Internal Revenue Code § 223.
In response to the 5th Circuit Appeal’s Court decision, Mabel Capolongo, Director of Enforcement Regional Directors at the DOL today issued “FIELD ASSISTANCE BULLETIN NO. 2018-02” which states…
We have provided here the Dallas District Court order and the 5th Circuit Court Appeal decision.
Philip Chao quoted in InvestmentNews article “Do specialized retirement plan advisers even need a broker-dealer?”
Philip Chao quoted in InvestmentNews Article “401(k) Managed Account Push Rife with Conflicts of Interest”.
The U.S. Department of Labor has announced an 18-month extension from Jan. 1, 2018, to July 1, 2019, of the special Transition Period for the Fiduciary Rule’s Best Interest Contract Exemption.