Labor Economist Says 401k Era Is Ending

Help for 401k Plan Sponsors and Retirement Professionals


Newsletter for April 8, 2024

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In This Issue


General Items

Labor Economist Says 401k Era Is Ending

Labor economist, policy consultant, and TikTok creator Kathryn Anne Edwards in a recent webinar with the National Institute on Retirement Security, argued that 401k plans alone are failing to solve the retirement crisis in America and that the federal government needs to take a more active role in provide access to retirement savings.

Source: Plansponsor.com

Can ChatGPT Be Your ERISA Counsel?

Is ChatGPT sufficiently reliable to provide advice on employee benefits matters? Not yet, but ChatGPT and generative Artificial Intelligence may likely be useful tools for employee benefits attorneys in the future. Here are the results of a test.

Source: Spotlightonbenefits.com

Insight: Studies, Research, Analysis, and Papers

Americans Believe They Will Need $1.46 Million to Retire Comfortably According: Study

Americans' "magic number" for retirement is surging to an all-time high, rising much faster than the rate of inflation while swelling more than 50% since the onset of the pandemic. These are the latest top-level findings from Northwestern Mutual's 2024 Planning & Progress Study, the company's proprietary research series that explores Americans' attitudes, behaviors, and perspectives across a broad set of issues impacting their long-term financial security.

Source: Prnewswire.com

Choosing the Best Employee Benefits Package: Five Essential Components

In today's competitive job market, attracting and retaining the right people requires more than just a competitive salary. Employee benefits play a crucial role in enticing prospective employees and keeping current ones satisfied and engaged. Among the many benefits offered by companies, there are a few you should consider must-haves for security, well-being, and financial stability. Here are the top five things to look for in an employee benefits package, including workplace retirement plans.

Source: Bpas.com

»»  Click here for More Studies, Research, and White Papers

Items of Special Interest to Advisers and Other Service Providers

DOL Finalizes Amendment to QPAM Exemption

The DOL has completed a final amendment that would allow parties related to employee benefit plans and individual retirement accounts to engage in transactions involving plan and IRA assets. The final amendment on the Class Prohibited Transaction Exemption 84-14, otherwise known as the Qualified Professional Asset Manager Exemption (QPAM), responds to changes in the financial services industry since the exemption's 1984 establishment.

Source: 401kspecialistmag.com

Dealing With Struggles and Failures as a 401k Plan Provider

As a retirement plan provider, as a business, and as an individual, you're going to have difficulties, disappointments, and failures. This article is all about handling the troubles that you may be going through, personally, and in business.

Source: Jdsupra.com

The New Fiduciary Rule: Changes to PTE 2020-02 Affecting the Advisor

The first, and current, version of Prohibited Transaction Exemption 2020-02 was effective in December 2020. In November of 2023, the DOL proposed amendments to PTE 2020-02 in connection with its proposed regulation expanding the definition of fiduciary advice to retirement investors, private sector retirement plans, participants in those plans, and IRA owners. This article discusses the proposed changes to PTE 2020-02 that will affect individual advisors and agents.

Source: Fredreish.com

An Update on the DOL Fiduciary Proposals - A Race to the Finish: Podcast

In this quick-hit series of podcasts, Fred Reish and Brad Campbell offer a high-level view of current trends and recent ERISA developments. In this episode, They provide an update on the DOL's fiduciary proposals.

Source: Spotlightonbenefits.com

Court and Legal

Recent Trends in Excessive Fee Litigation

As plan sponsors and fiduciaries are no doubt aware, there has been a substantial uptick in excessive fee litigation over the past few years. This article discusses cases since the Supreme Court's decision in Hughes v. Northwestern Univ., which reaffirmed that a plaintiff must plead facts establishing the plausibility of his claim.

Source: Bakerbotts.com

"Red Flags" Ignored Says 401k Fiduciary Breach Suit

A suit alleging fiduciary breaches says that sustained underperformance and massive fund outflows provided signals that plan fiduciaries ignored. More specifically, the suit claims that "Defendants failed to appropriately monitor the Plan's investments, resulting in the retention of unsuitable investments in the Plan instead of prudent alternative investments that were readily available at all times Defendants selected and retained the funds at issue and throughout the Class Period. Since Defendants have discretion to select the investments made available to participants, Defendants' breaches directly caused the losses alleged herein."

Source: Napa-net.org

Law Firm Finds Another 401k Plan to Slap With Forfeiture Fiduciary Breach Suit

Yet another national employer has been slapped with a suit alleging a fiduciary breach in their disposition of forfeitures. The employer/plan in question this time is Mattel. The arguments put forth are no longer acknowledging that this practice is permitted by law, and at least in some cases, sanctioned by specific language in the plan document. The suit here emphasizes the exercise of "discretionary authority and control over how these Plan assets are thereafter reallocated."

Source: Napa-net.org

Columbus Regional Healthcare System Reaches $2M Settlement in ERISA Class Action

Columbus Regional Healthcare System, Inc. and a class of some 6,800 retirement plan participants, recently advised a federal district court that they have reached a $2 million settlement in their pending ERISA case. The parties' joint filing detailed the settlement terms, which would end the plan participants' class action lawsuit in which they accused plan sponsors of losing them millions in retirement funds by charging them excessive administration fees and offering them poor investment choices.

Source: Hallbenefitslaw.com

DOL Attains Court Order Directing Defunct Firm to Restore Missing 401k Money

The U.S. District Court for the District of Maryland has ordered Bicallis LLC and its owner, Bryan Hill, to restore missing contributions to the Bicallis LLC 401k Plan, the Department of Labor announced. DOL investigators determined that company matching and safe harbor contributions were owed but not made to the plan from October 2017 through December 2019.

Source: Plansponsor.com

»»  Click here for more Court and Other Legal Issues

MEPs and PEPs

Dispelling Cost Myths of MEPs, PEPs and GoPs

Ron Surz explains how pooled plans can cut down on costs and administrative burdens for small employers looking to sponsor a retirement plan.

Source: 401kspecialistmag.com

»»  Click here for More MEP and PEP Material

State-Based Private-Sector Retirement Programs

Washington State Auto-IRA Law Signed

Washington Governor Jay Inslee last week signed legislation creating a state-facilitated program, Washington Saves, to provide coverage for those private sector employees. The program will launch by January 1, 2027, according to the announcement.

Source: Plansponsor.com

Compliance and Regulatory

How DOL's Proposed Automatic Portability Regulations Will Affect Defined Contribution Plans

The DOL recently issued proposed regulations on automatic portability programs. These programs help employees who change jobs consolidate their retirement funds by automatically transferring IRAs from their former plans to their new employers' plans. Under the proposed regulations, a transfer under an automatic portability program would qualify as a prohibited transaction exemption from ERISA as granted by the SECURE 2.0 Act. The proposed regulations also address rules for service providers that charge direct fees to plan sponsors instead of IRA owners.

Source: Hallbenefitslaw.com

»»  Click here for more Compliance and Regulatory Material

Marketplace News

LeafHouse, iJoin and ARS Launch Managed Account With Lifetime Income TDF

Definiti Launches Adviser-Focused Program

"DOL Audit Defense" Among Trio of New Services Introduced by Human Interest

Alera Adds The Standard to PEP Offering

Lincoln Financial Introduces PEPs for 401k and 403b Plans

Freedom Fiduciaries Addresses Bac(k) Office Overloads with Freedom 360


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