Tag Archives: investing

Closing Argument: Humble Arithmetic, Common Sense, and Fiduciary Responsibility vs. In-Plan Annuities

“Facts are stubborn things; and whatever may be our wishes, our inclinations, or the dictates of our passion, they cannot alter the state of facts and evidence.” – John Adams He fell at last a victim of the relentless ruless … Continue reading

Posted in fiduciary compliance | Tagged , , , | Leave a comment

ERISA 404(a) vs. NAIC Rule 275 -Wake-Up Call or Ticking Fiduciary Litigation/Liability Time Bomb for Plan Sponsors?

James W. Watkins, III, J.D., CFP EmeritusTM, AWMA® As a fiduciary risk management counsel, I’m often asked about my opinion as to the biggest risk management mistake plan sponsors make. To me, the answer is simple. The biggest and most … Continue reading

Posted in 401k, 401k compliance, 401k investments, 401k litigation, 401k plan design, 401k plans, 401k risk management, 401klitigation, 404(a), Annuities, best interest, DOL, ERISA, ERISA litigation, ERISA litigation, fiduciary liability, ERISA litigation, ERISA, ERISA litigation, fiduciary responsibility, fiduciary prudence, fiduciary duties, fiduciary litigation, 401k, 401k plans, plan sponsor, plan sponsors, fiduciary law, fiduciary, fiduciary compliance, fiduciary duty, fiduciary law, fiduciary liability, fiduciary liability, Fiduciary litigation, Fiduciary prudence, fiduciary prudence, fiduciary responsibility, fiduciary risk management, fiduciary standard, fiduciarylitigation, pension plans, plan sponsors, risk management | Tagged , , , , , , , , | Leave a comment

3 Things Prudent Plan Sponsors Must Understand About President’s Trump’s Executive Order and Fiduciary Risk Management

James W. Watkins, III, J.D., CFP EmeritusTM, AWMA® President recently released an excutive order requesting that the DOL and other relevant regulatory bodies create guidelines and other measures,  including safe harbors, that would allow plans to offer unnecessarily risk investments, … Continue reading

Posted in ERISA litigation, fiduciary liability, ERISA litigation, fiduciary duty, fiduciary liability, Fiduciary litigation, fiduciary prudence | Tagged , , , , , , , , , , , , , | Leave a comment

“And Their Beneficiaries”: Annuities, Commensurate Returns, and Fiduciary Liability

James W. Watkins, III, J.D., CFP EmeritusTM, AWMA® ERISA Section 404a-1 provides as follows: 2550.404a-1 Investment duties. (a) In general. Sections 404(a)(1)(A) and 404(a)(1)(B) of the Employee Retirement Income Security Act of 1974, as amended (ERISA or the Act) provide, … Continue reading

Posted in fiduciary compliance | Tagged , , , | Leave a comment

“And Their Beneficiaries”: Annuities, Commensurate Return, and Fiduciary Liability

James W. Watkins, III, J.D., CFP EmeritusTM, AWMA® ERISA Section 404a-1 provides as follows: 2550.404a-1 Investment duties. (a) In general. Sections 404(a)(1)(A) and 404(a)(1)(B) of the Employee Retirement Income Security Act of 1974, as amended (ERISA or the Act) provide, … Continue reading

Posted in 401k, 401k compliance, 401k investments, 401k litigation, 401k plans, 401k risk management, 401klitigation, 404(a), Active Management Value Ratio, AMVR, Annuities, consumer protection, cost-efficiency, defined contribution, DOL, elderly investment fraud, ERISA, ERISA litigation, ERISA, ERISA litigation, fiduciary responsibility, fiduciary prudence, fiduciary duties, fiduciary litigation, 401k, 401k plans, plan sponsor, plan sponsors, fiduciary law, fiduciary, fiduciary compliance, fiduciary duty, fiduciary law, fiduciary liability, fiduciary liability, Fiduciary prudence, fiduciary prudence, fiduciary responsibility, fiduciary standard, Mutual funds, pension plans, plan sponsors, prudence, retirement planning, retirement plans, risk management, wealth preservation | Tagged , , , , , , , , , , , , , , , , , | Leave a comment

4Q 2021 AMVR “Cheat Sheet”

At the end of each calendar quarter, InvestSense publishes the 5 and 10-year Active Management Value Ratio (AMVR) scores of the non-index funds in “Pensions & Investments” annual survey of the most used mutual funds in U.S. defined contribution plans. … Continue reading

Posted in 401k, 401k compliance, 401k investments, 403b, cost-efficiency, fiduciary compliance, fiduciary duty, fiduciary liability, Fiduciary prudence, fiduciary prudence, wealth management, wealth preservation | Tagged , , , , , , , , , , , , , | Leave a comment