Newsletter for April 17, 2017
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In This Issue
General Items
How to Create an Effective 401k Education Program
Abstract: Developing a program that will actively engage and educate your participants requires partnering with their educator to create a program tailored to your participants rather than uncritically accepting some off-the-shelf program.
Source: Penchecks.com
Communicating With Video
Abstract: Use of video to educate a workforce about their benefits has seen increased interest in and use. As technology evolves, the cost of professionally produced videos is decreasing, making them an affordable communication solution for employers.
Source: Willistowerswatson.com
Fiduciary and Plan Governance Material
United Airlines and the Fiduciary Paradox: Providing a Margin of Excellence
Abstract: If our objective is to provide those we serve a margin of excellence, we need to convince regulators that more rules will not translate into better outcomes. In turn, we need to accept responsibility to educate and inform fiduciaries of the leadership and stewardship behaviors that will amplify and improve their governance procedures.
Source: 401khelpcenter.com
»» Click here for more Fiduciary and Plan Governance Material
Insight: Studies, Research, and White Papers
Why Employers Should Care About the Cost of Delayed Retirements
Abstract: Having employees able to retire "on time" is a win/win scenario for both employees and employers. But these days many employees are expected to delay their retirements beyond their desired retirement ages because they don't have adequate savings to sustain them throughout their retirement. To quantify the impact of delayed retirements on employers' costs, Prudential conducted research using workforce composition and cost assumptions based on national averages for private sector workers.
Source: Prudential.com
Study of Retirement Plan Investment Expense Finds Over $17 Billion of Annual Waste
Abstract: Based on a conservative analysis, this study estimated that plan participants could save on average .25% per year by switching to lower cost investments that are quantitatively very similar to those they already hold, but with a better track record. With total defined contribution plan assets of $6.8 trillion, the potential savings is at least $17 billion.
Source: 401khelpcenter.com
»» Click here for More Studies, Research, and White Papers
Items of Special Interest to Service Providers
Five Major 401k Lawsuits That Directly Impact Advisors
Abstract: There's a clear need to increase awareness about litigation risk and to understand the key issues that have made their way to the highest courts. These decisions have implications for 401k retirement plan advisors, plan sponsors and other plan fiduciaries alike. Recent decisions should help shape compliance strategies for those responsible for managing defined contribution plans.
Source: 401kspecialistmag.com
NAPA Interactive Black Book: Third Party Administrators
Abstract: A TPA can be a plan advisor's best friend. But it's important to understand the various types of TPAs and how to best leverage them depending on the plan profile and size.
Source: Napa-net.org
Court and Other Legal Issues
How to Avoid Costly Beneficiary Designation Litigation
Abstract: A recent federal district court opinion in Florida demonstrates the potential pitfalls that plan administrators may face with respect to disputes over beneficiary status and provides guidance as to how administrators may avoid costly disputes.
Source: Lexology.com
Fujitsu Loses Early Bid to Toss 401k Fee Lawsuit
Abstract: Fujitsu Technology couldn't convince a federal court in California to dismiss a lawsuit accusing it of breaching fiduciary duties by making imprudent investments in its 401k plan.
Source: Bna.com (registration may be required)
»» Click here for more Court and Other Legal Issues
Cybersecurity Issues
What Retirement Plan Sponsors and Employers Need to Know About Cybersecurity Risk and Liabilities
Abstract: Many employers historically were only concerned with privacy and security for health plans under the Health Insurance Portability and Accountability Act and state laws. However, cybersecurity should also be a consideration for every retirement plan fiduciary. To preserve fiduciary protection while making required disclosures electronically, retirement plan fiduciaries should consider whether their duties of loyalty, prudence and to administer the plan for the exclusive benefit of the participants might require them to protect their participants' personal information.
Source: Winstead.com
»» Click here for more on Cybersecurity Issues
State-Based Retirement Programs
Trump to Sign Resolution Nixing City-Run Auto-IRAs for Small Businesses
Abstract: Cities and counties will soon be barred from requiring small businesses without 401k-type retirement plans to enroll workers into a government-run individual retirement account. Meanwhile, a measure to block a requirement for similar small businesses to participate in auto-enroll IRAs run by the state still awaits a Senate vote.
Source: Shrm.org
DOL's Fiduciary Rule
Rollovers Under the DOL's Final Fiduciary Rule
Abstract: The DOL issued its final regulation on the extension of the applicability date for the fiduciary definition and the related exemptions. This article discusses the impact of those changes on fiduciary status for recommendations to plan participants to take distributions and roll it over to IRAs.
Source: Fredreish.com
Investors Can Go After Fiduciary Advisers Even if DOL Doesn't
Abstract: There is a threat of litigation hanging over advisers' heads, even as the DOL says it will focus on compliance around the fiduciary rule. The rule invites the plaintiffs' bar to go after bad actors, making any temporary freezes on enforcement of limited value.
Source: Bna.com (registration may be required)
»» Click here for more on the DOL's Fiduciary Rule
Compliance and Regulatory
ERISA Fidelity Bond vs. Fiduciary Liability Insurance
Abstract: As a small business owner sponsoring a 401k retirement plan, are your personal assets at risk? What kind of coverage can you get with Fiduciary Liability Insurance and how does it differ from the required ERISA Fidelity Bond?
Source: Rpgconsultants.com
Puerto Rico Legislation May Require Changes to Retirement Plans
Abstract: Puerto Rico enacted new legislation in February that will require changes to tax-qualified retirement plans covering Puerto Rico employees, including both Puerto Rico-only and dual-qualified (US and Puerto Rico) retirement plans. Act No. 9-2017 revises a number of Puerto Rico qualified retirement plan rules including contribution limits, rules related to nondiscrimination testing and employer deductions for retirement plan contributions.
Source: Natlawreview.com
DOL Sends Revised 2017 Form 5500 to OMB
Abstract: The Department of Labor has submitted to the Office of Management and Budget the current, 2017 version of the Form 5500 and instructions as a non-material/non-substantive change request. The DOL is not making any program changes to the forms and instructions for 2017.
Source: Asppa.org
»» Click here for more Compliance and Regulatory Material
Marketplace News
Nationwide Adds 3(21) Co-Fiduciary Service From IRON Financial
»» Click here for More Marketplace News
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