PLANSPONSOR Weekend Newsdash
Week ending January 12th, 2018

Happy Friday! In this, the second edition of PLANADVISERweekend for 2018, we focus on the always-timely topic of Investing. As readers are likely aware, this week the U.S. Securities and Exchange Commission signaled it may be ready to take the wheel from the Department of Labor in deciding how to proceed with the Obama-era fiduciary conflict of interest reforms. Expert attorneys have already weighed in about how the SEC could proceed differently, or not, from the DOL, and how the whole process may ultimately effect the way advisers are compensated for investment recommendations. Find the latest commentary and related articles and research below.

Investing and the SEC
With SEC Move Pending, New York Joins Other States Making Fiduciary Reforms
Regulatory developments in Nevada and New York show inaction at the federal level on clarifying advisers’ and brokers’ fiduciary duties is leading to a patchwork of state-by-state approaches to mitigating conflicts, real and perceived.  Read more >
SEC and DOL Face Hurdles in Fiduciary Collaboration
When it comes to the possibility of a uniform advice standard for advisers and brokers coming from the SEC, one attorney argues “things are still very much in a wait-and-see mode,” despite increased chatter among lobbying organizations about the possibility. Read more >
SEC Takes Aim at Bond Market Liquidity Issues in 2018
The U.S. Securities and Exchange Commission (SEC) released its agenda for the inaugural meeting of the Fixed Income Market Structure Advisory Committee. Advisers can offer up their suggestions for topics on which the committee should focus.  Read more >
Mutual Fund Performance Reporting for the 21st Century
A recent speech given by SEC Commissioner Kara Stein highlights the shifting landscape of mutual fund reporting, and how emerging technologies are reshaping the way investors will compare performance and costs. Read more >
Stable Value Lawsuits and the Goldilocks Zone
Even though there is no typical stable value fund, heading into 2018 there have been three typical types of lawsuits filed against fiduciaries offering stable value funds, according to ERISA attorneys with Mayer Brown. Read more >
Growth in TDF Market Underscores Proprietary Product Debate
The drivers behind a target-date manager offering open architecture most commonly include the belief that participants benefit from asset manager diversification and the need to outsource allocations to access best-in-class strategies. Read more >
Confusion Abounds After Fifth Circuit Decision Vacates DOL Fiduciary Rule

The latest decision out of the Fifth U.S. Circuit Court of Appeals throws a dramatic new element of confusion into the epic regulatory saga that has been the rollout of the Department of Labor fiduciary rule.

Nearly Three-Quarters of Boomers Want to Delay Retirement

More than three in 10 have no retirement budget.

Will SCOTUS Decide the Fate of the DOL Fiduciary Rule?

Some ERISA attorneys argue the Fifth Circuit decision last week to vacate entirely the DOL’s fiduciary rule expansion makes a Supreme Court decision on the matter inevitable; others are less sure that a decisive SCOTUS decision could be forthcoming, instead expecting the SEC to take the lead; still others admit they have little idea how the regulatory picture will shake out, recommending patience and ongoing compliance.

Many Americans Would Forego Social Security Payments for Student Loan Debt Forgiveness

The Student Security Act of 2017​ would grant $550 in student loan forgiveness for each month a student debtor was willing to raise his or her full retirement age, or $6,600 per year.

DISRUPTION: Insider Service and Strategy Talk With PGIM
In an exclusive interview with PLANADVISER, PGIM Head of Institutional Defined Contribution Josh Cohen offers some guidance to advisers speaking with plan sponsors about litigation, fiduciary risk and progressive plan design.

Editorial: Alison Cooke Mintzer

Advertising: Paul Zampitella

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