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[Guidance Overview]
Interesting Angles on the DOL's Fiduciary Rule, Part 25
"Within an investment category, the compensation of an adviser must be both reasonable and level. Stated slightly differently, the compensation of the adviser cannot exceed a reasonable amount (based on the services rendered) and the adviser's compensation must be level regardless of which products are recommended . . . and regardless of the payments made to the adviser's supervisory entity (e.g., broker-dealer or any affiliate or related party)."
FredReish.com
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Is Adoption of 401(k) Auto-Enrollment Decreasing?
"Automatic enrollment has experienced healthy growth in defined contribution plans with greater than 1,000 participants. Large plans experienced a surge in automatic enrollment adoption in the years between 2009 and 2013. However, the growth rate of initial adoption began to wane as early as 2011, reaching single digits in 2013.... As smaller plans are included in the analysis, the rate of adoption declines dramatically."
401K Specialist
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Fact Book on Retirement Income 2016
"In 2015, the number of U.S. retirees reached 49.5 million. They now make up 15 percent of the total U.S. population. In 2014, retired Americans received $1.3 trillion dollars in income. Nearly three-fourths of their total income comes from two important sources -- Social Security benefits (42 percent) and traditional pension and retirement plans (30 percent). Life expectancies at birth, at age 65, and age 75 continue to improve for Americans. There were 122.5 million U.S. households in 2013. These households owned $31.0 trillion in investable financial assets."
LIMRA
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5 Signs You're Working with the Wrong Recordkeeper
"Your recordkeeper is unable to show they've been profitable through their recordkeeping platform.... Your recordkeeper is using you as a guinea pig to test features that directly affect employees' 401(k) accounts.... Your recordkeeper and your plan advisor are one and the same company.... Your recordkeeper has under $1 billion in assets.... Your recordkeeper is less than 8 years old."
ForUsAll
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Excessive Fee Litigation: Three Categories
"Over the past decade, more than 75 lawsuits have been commenced alleging claims of 'excessive fees' with regards to defined contribution retirement plans. While the suits initially focused on large, company-sponsored defined contribution plans, they have since expanded to sponsors of smaller plans and even non-profits. In most cases, these excessive fee lawsuits can be broken down into three categories."
Groom Law Group
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Owner/Trustee of 401(k) Plan Accused of Having Eyes Wide Shut on Fiduciary Duties
"The Complaint alleges that on numerous occasions the Plan's third party administrator and the named Plaintiffs encouraged Poppell to get professional advice and diversify the Plan's portfolio. These pleas were ignored. Further, participants were not allowed to direct their investments and all contributions (both employer and employee) were invested in Poppell's selections."
Stinson Leonard Street
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Retirement Income Disclosure: No Reason for Further Delay
"The question of whether DC statements ought to show not only account balances but also an estimate of how much retirement income that balance would provide rose quickly up the legislative agenda in 2008/2009. Consultation on the subject took place in 2010. An advance notice of proposed rulemaking was issued three years later. And three years after that, it looks like it may yet need a kick via primary legislation for a rule to be finalized."
Russell Investments
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Fiduciary Update, November 2016
"Contents: [1] Court Decision Provides Fiduciaries a Breath of Fresh Air; [2] Meanwhile, New Fee Litigation Continues; [3] Plan Recordkeeper Liable for Un-Deposited Employee Deferrals: $3 Million; [4] Float Income Claims Resurface; [5] New Flexibility Offers Avenues for Participant Claims."
CAPTRUST Financial Advisors
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Using Public Policy to Create IRA Irony
"By creating a 'safe harbor' that allows states to mandate payroll deduction IRAs for these workers, the DOL fails to provide the protections afforded by ERISA to participants in these State-sponsored IRA plans (other than, presumably, the investment advice rule). The irony (and intellectual inconsistency) is patent: IRAs are important enough to be caught within the ambit of ERISA's fiduciary rule, but large state plans using IRAs can otherwise avoid the myriad of other ERISA protections."
Benefits Bryan Cave
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BenefitsLink.com, Inc.
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Lois Baker, J.D., President
David Rhett Baker, J.D., Editor and Publisher
Holly Horton, Business Manager
BenefitsLink Retirement Plans Newsletter, ISSN no. 1536-9587. Copyright 2016 BenefitsLink.com, Inc. All materials contained in this newsletter are protected by United States copyright law and may not be reproduced, distributed, transmitted, displayed, published or broadcast without the prior written permission of BenefitsLink.com, Inc., or in the case of third party materials, the owner of that content. You may not alter or remove any trademark, copyright or other notice from copies of the content.
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