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Recent Posts
- Terminal Wealth: The True Fiduciary Prudence Paradigm with Regard to the In-Plan Annuity Scam
- Is the DOL/EBSA Trying to Serve Two Masters? ERISA Section 404(a)’s Independent Investigation and Evaluation Requirements and the DOL/EBSA Proposed Rule on Alternative Investments
- Much Ado About Nothing?: The DOL’s New Alternative Investment Rule vs. the Administrative Procedure Act
- Reasserting ERISA’s Private Enforcement Design: A Rebuttal to EBSA’s “Frivolous Litigation” Narrative
- When Income Is Not Enough: Why the Continued Inclusion of In-Plan Annuities May Breach ERISA Duties When Compared to Capital-Preserving Income Alternatives and Strategies
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Tag Archives: retirement plans
“Sell the Sizzle, Not the Steak”: Annuities, Commensurate Return, and the Fiduciary Duty to Disclose
James W. Watkins, III, J.D., CFP EmeritusTM, AWMA® Fiduciary Duty to Coduct Independent Investigation and EvaluationThe courts have consistently held that plans have a fiduciary duty to conduct an independent and objective investigation and evaluation of the each investment included … Continue reading
Posted in 401k, 401k compliance, 401k investments, 401k litigation, 401k plan design, 401k plans, 401k risk management, 403b, 404c, Annuities, best interest, compliance, consumer protection, defined contribution, ERISA, ERISA litigation, evidence based investing, fiduciary, fiduciary compliance, fiduciary duty, fiduciary law, fiduciary liability, fiduciary liability, Fiduciary prudence, fiduciary prudence, fiduciary responsibility, fiduciary risk management, fiduciary standard, investments, pension plans, plan advisers, plan sponsors, prudence, retirement planning, retirement plans, risk management, wealth management, wealth preservation
Tagged 401k, 401k compliance, 404c compliance, compliance, fiducairy risk management, fiduciary, fiduciary investing, fiduciary law, fiduciary liability, Fiduciary litigation, fiduciary loyalty, Fiduciary prudence, fiduciary responsibility, fiduciary risk management, pension plans, retirement plans
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In-Plan Annuities and Fiduciary Risk Management: Guaranteed Income vs. Commensurate Return
James W. Watkins, III, J.D., CFP EmeritusTM, AWMA® A common question I am receiving is “What are the fiduciary liability issues with in-plan annuities?” A reccent LIMRA study found that plan sponsors are citing a desire to provide retirement income … Continue reading
Posted in 401k, 401k risk management, Annuities, consumer protection, ERISA, ERISA litigation, fiduciary, fiduciary compliance, fiduciary duty, fiduciary law, fiduciary liability, fiduciary liability, Fiduciary prudence, fiduciary prudence, fiduciary responsibility, fiduciary risk management, fiduciary standard, pension plans, prudence, risk management
Tagged 401k, ERISA, fiduciary, fiduciary investing, fiduciary law, fiduciary liability, Fiduciary litigation, fiduciary loyalty, Fiduciary prudence, fiduciary responsibility, retirement plans, risk management
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Deja Vu All Over Again?: Is the Annuity Industry Serving a Second Round of Annuity Misrepresentations Kool-Aid?
Bradley Campbell of Faegre Drinker recently commented on the unusual strength of the language in the Fifth Circuit’s “Memorandum Opinion and Order” staying the DOL’s Retirement Security Rule.1 Given distristrict court Chief Judge Lynn’s earlier well-reasoned analysis and opinion in … Continue reading
Posted in 401k, 401k litigation, 401k plan design, 401k risk management, Annuities, best interest, compliance, Conflicts of Interest, consumer protection, DOL, DOL fiduciary rule, DOL fiduciary standard, ERISA, ERISA litigation, fiduciary, fiduciary compliance, fiduciary duty, fiduciary law, fiduciary liability, fiduciary liability, fiduciary prudence, investment advisers, investments, IRA, pension plans, plan advisers, plan sponsors, retirement plans, SCOTUS
Tagged Annuities, compliance, Conflicts of Interest, ERISA litigation, fiduciary, fiduciary law, Fiduciary litigation, retirement plans, Retirement Security Rule, wealth management
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Initial Thoughts on 11th Circuit’s Decision in Pizarro v. Home Depot
The 11th Circuit recently released its much anticipated decision in Pizarro v. Home Depot. The case is significant since it involves the question of which party has the burden of proof on the issue of causation in ERISA litigation. There … Continue reading
Written Testimony of James W. Watkins, III, J.D., CFP Board Emeritus™, AWMA® before the DOL – July 10, 2024
InvestSense, LLC Testimony of James W. Watkins, III, J.D., CFP Board Emeritus™, AWMA® re QDIAs and Annuities as QDIAs In my practice, I often refer to as the “fiduciary responsibility trinity” (Trinity). The Trinity consists of the Tibble v. Edison International1 (Tibble … Continue reading
Posted in 401k, 401k compliance, 401k investments, 401k plan design, 401k plans, 401k risk management, Annuities, consumer protection, cost consciousness, cost-efficiency, defined contribution, ERISA, fiduciary, fiduciary compliance, fiduciary duty, fiduciary law, fiduciary liability, fiduciary liability, Fiduciary prudence, fiduciary prudence, fiduciary responsibility, fiduciary risk management, investments, pension plans, prudence, retirement plans, risk management, wealth management
Tagged 401k compliance, Annuities, ERISA, fiduciary, fiduciary duty, fiduciary investing, fiduciary law, Fiduciary prudence, investor protection, QDIAs, retirement plans
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A Fiduciary’s Guide to Annuities- “Why Go There?”
James W. Watkins, III, J.D., CFP EmeritusTM, AWMA® A [fiduciary] is held to something stricter than the morals of the market place. Not honesty alone, but the punctilio of an honor the most sensitive, is the standard of behavior….1 Consistent … Continue reading
Posted in 401k, 401k compliance, 401k investments, 401k litigation, 401k plan design, 401k plans, 401k risk management, 404c compliance, Annuities, compliance, cost consciousness, cost efficient, cost-efficiency, defined contribution, elder law, elderly investment fraud, fiduciary, fiduciary compliance, fiduciary duty, fiduciary law, fiduciary liability, fiduciary liability, Fiduciary prudence, fiduciary prudence, fiduciary responsibility, fiduciary risk management, pension plans, plan advisers, plan sponsors, prudence, retirement planning, retirement plans, wealth management
Tagged 401k, Annuities, ERISA, fiduciary, fiduciary investing, fiduciary law, fiduciary loyalty, Fiduciary prudence, fiduciary responsibility, retirement plans
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Fiduciary Risk Management 101: Beware the Retirement Crisis “Okey Doke”
James W. Watkins, III, J.D., CFP EmeritusTM, AWMA I recently received a call from the CEO of a corporation asking if I could meet with him. He said he had recently attended a conference where the major topics of discussion … Continue reading
Posted in 401k, 401k compliance, 401k investments, 401k plan design, 401k plans, 401k risk management, 403b, Active Management Value Ratio, Annuities, consumer protection, cost consciousness, cost efficient, cost-efficiency, ERISA, fiduciary, fiduciary compliance, fiduciary duty, fiduciary law, fiduciary liability, fiduciary liability, Fiduciary prudence, fiduciary prudence, fiduciary responsibility, fiduciary risk management, fiduciary standard, investment advisers, investments, Mutual funds, pension plans, plan advisers, plan sponsors, retirement plans, risk management, wealth management, wealth preservation
Tagged 401k, 401k compliance, 401k fiduciary, compliance, ERISA, fiduciary, fiduciary duty, fiduciary investing, fiduciary law, fiduciary liability, fiduciary oversight, fiduciary responsibilities, fiduciary responsibility, fiduciary risk management, fiduciaryliability, fiduciarylitigation, fiduciaryprudence, investment advisers, retirement plans
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Fiduciary InvestSense: Connecting the Regulatory Dots
James W. Watkins, III, J.D., CFP EmeritusTM, AWMA® In Tibble v. Edison International,1 SCOTUS noted the reliance of courts on the common law of trusts in resolving fiduciary matters, stating that We have often noted that an ERISA fiduciary’s duty … Continue reading
Posted in 401k, 401k compliance, 401k investments, 401k litigation, 401k plan design, 401k plans, 401k risk management, 403b, Active Management Value Ratio, consumer protection, cost consciousness, cost-efficiency, ERISA, fiduciary, fiduciary compliance, fiduciary duty, fiduciary law, fiduciary liability, Fiduciary prudence, fiduciary prudence, fiduciary responsibility, fiduciary risk management, fiduciary standard, investments, Mutual funds, pension plans, plan advisers, plan sponsors, prudence, retirement plans, wealth management, wealth preservation
Tagged 401k, 401k compliance, 401k fiduciary, 404c compliance, ERISA, fiduciary, fiduciary duty, fiduciary investing, fiduciary law, Fiduciary prudence, fiduciary responsibility, fiduciary risk management, fiduciary standard, retirement plans, Retirement Security Rule
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Avoiding the Annuity “Noise”: A Fiduciary Prudence Guide to Annuities
James W. Watkins, III, J.D., CFP EmeritusTM, AWMA® Last week I posted the following post online in X (formerly Twitter) and LinkedIn: There is no requirement, legal, moral, or otherwise, that requires plan sponsors to offer annuities or any other … Continue reading
Posted in 401k, 401k compliance, 401k investments, 401k plan design, 401k plans, 401k risk management, 403b, Active Management Value Ratio, Annuities, compliance, cost consciousness, cost efficient, cost-efficiency, defined contribution, DOL, ERISA, fiduciary, fiduciary compliance, fiduciary duty, fiduciary law, fiduciary liability, fiduciary liability, fiduciary prudence, fiduciary responsibility, fiduciary risk management, fiduciary standard, investment advisers, pension plans, plan advisers, plan sponsors, prudence, retirement plans, risk management
Tagged 401k, 401k compliance, Annuities, compliance, ERISA, fiduciary, fiduciary duty, fiduciary investing, fiduciary law, fiduciary liability, Fiduciary prudence, fiduciary responsibility, investment advisers, pension plans, pensions, retirement plans
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The Devil Is In the Details: Monitoring and Updating an AMVR Analysis
By James W. Watkins, III, J.D., CFP Board Emeritus™, AWMA® The first quarter of 2024 produced an interesting situation, resulting in an opportunity to demonstrate both the value of the Active Management Value Ratio (AMVR) and its nuances. The Fidelity … Continue reading
Posted in 401k, 401k compliance, 401k investments, 401k litigation, 401k plan design, 401k plans, 401k risk management, 403b, Active Management Value Ratio, AMVR, closet index funds, compliance, cost-efficiency, defined contribution, ERISA, fiduciary, fiduciary compliance, fiduciary duty, fiduciary law, fiduciary liability, fiduciary liability, Fiduciary prudence, fiduciary prudence, fiduciary responsibility, fiduciary risk management, fiduciary standard, investments, Mutual funds, pension plans, plan advisers, plan sponsors, prudence, retirement planning, retirement plans, risk management, wealth management, wealth preservation
Tagged #litigation, 401k, 401k compliance, defined contribution, ERISA, fiducairy risk management, fiduciary, fiduciary investing, fiduciary law, fiduciary liability, Fiduciary prudence, fiduciary responsibilities, investment advisers, retirement plans
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