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Back to the Future: DOL Reinstates 1975 Fiduciary Test
Snell & Wilmer
[Guidance Overview] Mar. 23, 2026 "The return to the Five-Part Test narrows who is treated as a fiduciary. In general, an adviser is only considered an ERISA fiduciary if they provide investment advice on a regular basis under a mutual understanding that the advice will serve as a primary basis for investment decisions.... [An] adviser who recommends that a departing employee roll over a 401(k) balance into an IRA may not be acting as an ERISA fiduciary." MORE >> |
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