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Recent Posts
- Battle of the Best Interests – Whose Are the EBSA and the DOL Supposed to Serve, and Whose Are They Really Serving?
- Guest Article On Supreme Court’s Decision to Hear the Intel Case
- Fair Dinkum: A Critique of the EBSA’s Amicus Brief in Pizarro v. Home Depot
- Upon Further Review; The 3 X 3 Analysis That Shows Why Prudent Plan Sponsors Will Never Offer Annuities Within Their Plan
- The DOL’s Pizarro v. Home Depot Amicus Brief: Borzi and Gomez Don’t Live Here @ EBSA Anymore
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Category Archives: 401k compliance
“Best Interest,” BICE and Class Action Targets, Part II
Much has been written about the Department of Labor’s (DOL) new fiduciary rule and the accompanying Best Interest Contract Exemption (BICE). Several writers have suggested that the group that will benefit the most from the rule and BICE are class … Continue reading
Posted in 401k, 401k compliance, 401k investments, 404c, compliance, fiduciary compliance, fiduciary law, investments, IRAs, pension plans, retirement plans, securities, securities compliance, wealth management, wealth preservation
Tagged 401k, 404c, compliance, ERISA, fiduciary, fiduciary law, investment advisers, investment analysis tools, pension plans, retirement plans, wealth management, wealth preservation
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“Best Interest,” BICE and Class Action Targets
Much has been written about the Department of Labor’s (DOL) new fiduciary rule and the accompanying Best Interest Contract Exemption (BICE). Several writers have suggested that the group that will benefit the most from the rule and BICE are class … Continue reading
Posted in 401k, 401k compliance, 401k investments, 404c, 404c compliance, compliance, fiduciary compliance, fiduciary law, investments, pension plans, retirement plans, securities compliance, wealth management, wealth preservation
Tagged 401k, 401k compliance, 404c, 404c compliance, compliance, ERISA, fiduciary, fiduciary investing, fiduciary law, investment advisers, investment analysis tools, pension plans, retirement plans, securities compliance, suitability, wealth management, wealth preservation
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“Best Interest,” BICE and Liability Exposure for Plan Sponsors
I recently posted an article in various LinkedIn groups that addressed the need for various parties to address their duties and potential liability under the DOL’s new fiduciary standard. My comment that accompanied the post was Based on my personal … Continue reading
Posted in 401k, 401k compliance, 401k investments, 404c, 404c compliance, compliance, fiduciary compliance, fiduciary law, investments, pension plans, retirement plans, wealth management
Tagged 401k, 401k compliance, 404c, 404c compliance, compliance, Compliance Gauntlet, ERISA, evidence based investing, fiduciary, fiduciary investing, fiduciary law, investment analysis tools, pension plans, retirement plans, suitability, wealth management
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Making BICE Meaningful – Reality vs. Illusion
I have had a lot of people ask me what I thought of the DOL’s new fiduciary standard. While I think there are some good points to the new fiduciary standard, in many ways the new standard reminded me of … Continue reading
Posted in 401k, 401k compliance, 404c, 404c compliance, compliance, fiduciary compliance, fiduciary law, investments, pension plans, retirement plans, wealth management
Tagged 401k, 401k compliance, 404c, 404c compliance, compliance, Compliance Gauntlet, ERISA, fiduciary, fiduciary investing, fiduciary law, FINRA, investment advisers, pension plans, retirement plans, RIA compliance, securities compliance, suitability
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The 401(k)/404(c) Plan Sponsor’s Achilles Heels Redux
With the effective date for the DOL’s new fiduciary standard getting closer, I have been receiving questions and calls from plans and fellow attorneys regarding the various obligations under the new standard. For that reason, I am re-posting an updated … Continue reading
Posted in 401k, 401k compliance, 401k investments, 404c, 404c compliance, compliance, fiduciary compliance, fiduciary law, investments, pension plans, retirement plans, wealth management
Tagged 401k, 401k compliance, 404c, 404c compliance, compliance, ERISA, fiduciary, fiduciary investing, fiduciary law, investment advisers, pension plans, retirement plans, wealth management
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What the New DOL Fiduciary Standard Will and Will Not Do
As many of you may know, I released my new book on fiduciary law last week. I was immediately flooded with emails asking me why I would release the book before the DOL’s announcement. There is so much misinformation and … Continue reading
Posted in 401k, 401k compliance, 401k investments, 404c, 404c compliance, compliance, fiduciary compliance, fiduciary law, investments, pension plans, retirement plans
Tagged 401k, 401k compliance, 404c compliance, compliance, ERISA, fiduciary, fiduciary investing, fiduciary law, retirement plans
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401K Mutual Funds Fail Fiduciary Prudence Test
Our recent analysis of the top ten mutual funds in 401(k) plans revealed that 7 of the 10 funds failed to pass our simple fiduciary prudence test. The funds were evaluated based on their five-year performance between 2011-2015. The findings … Continue reading
Posted in 401k, 401k compliance, 401k investments, 404c, 404c compliance, compliance, evidence based investing, fiduciary compliance, fiduciary law, investments, pension plans, wealth management, wealth preservation
Tagged 401k compliance, 404c, 404c compliance, ERISA, evidence based investing, fiduciary, fiduciary investing, fiduciary law, financial planning, investment advisers, investment analysis tools, pension plans, retirement plans, RIA, suitability, wealth management, wealth preservation
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Combining the Active Management Value Ratio 2.0™ and the Active Expense Ratio – A More Meaningful Evaluation of Fiduciary Prudence
“The two variables that do the best job in predicting [a mutual fund’s] performance are expense ratios and turnover.”- Burton Malkiel, “A Random Walk Down Wall Street” Registered investment advisers and their representatives are fiduciaries. The courts have consistently held … Continue reading
Posted in 401k, 401k compliance, 401k investments, 404c, 404c compliance, evidence based investing, fiduciary compliance, fiduciary law, investments, pension plans, retirement plans, wealth management, wealth preservation
Tagged 401k, 401k compliance, 404c compliance, asset allocation, ERISA, evidence based investing, fiduciary, fiduciary investing, fiduciary law, investment advisers, investment analysis tools, pension plans, portfolio optimization, RIA, RIA compliance, suitability, wealth management, wealth preservation
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ERISA, Fiduciary Duty and the Art of Skinnydipping
Only when the tide goes out do you discover who’s been swimming naked. – Warren Buffett As followers of this blog know, I normally post once a month. However, I am making an exception due to the importance of the … Continue reading
Posted in 401k, 401k compliance, 401k investments, 404c, 404c compliance, compliance, evidence based investing, fiduciary compliance, fiduciary law, investments, pension plans, retirement plans, RIA, wealth management, wealth preservation
Tagged 401k, 401k compliance, 404c, 404c compliance, asset allocation, ERISA, fiduciary, fiduciary investing, fiduciary law, investment advisers, investment analysis tools, pension plans, retirement plans, RIA, suitability, wealth management, wealth preservation
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Cross-Examining Financial Planning’s Active vs. Passive Study
Financial Planning magazine recently ran an article on their online site purportedly to demonstrate that actively managed mutual funds provide better performance than passively managed mutual funds, such as the popular index funds. Whenever I see such claims, the securities … Continue reading
Posted in 401k, 401k compliance, 401k investments, 404c, 404c compliance, evidence based investing, fiduciary compliance, fiduciary law, investments, pension plans, retirement plans, wealth management, wealth preservation
Tagged 401k, 401k compliance, 404c, 404c compliance, ERISA, evidence based investing, fiduciary, fiduciary investing, fiduciary law, financial planning, investment advisers, modern portfolio theory, pension plans, retirement plans, RIA risk management, wealth management, wealth preservation
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