PLANADVISER Weekend Newsdash
Week ending March 16th, 2018

Greetings and happy Friday! Regular readers of our daily news coverage will no doubt be familiar with the enormous amount of uncertainty that has become the norm in the retirement planning community—centered on the ever-shifting outlook for the DOL fiduciary rule, the unfolding impact of tax reform, a shifting health care landscape, and so many other avenues. This week’s conflicting Tenth and Fifth Circuit Court rulings on the fiduciary rule implementation drive the point home quite nicely. But one thing that should also be clear is that the fundamentals of client service remain remarkably stable over time. Collected below is a helpful series of articles and research, identifying the pillars of customer service. We hope you will share some of what you read with a client or colleague!

Client Service Amid Fiduciary Uncertainty
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. Read more >
DOL Fiduciary Rule Gets Another Successful Defense in Appeals Court
The appellee, Market Synergy Group, argued unsuccessfully that its representatives would never be able to make the Best Interest Contract Exemption, a key mechanism underlying the new DOL fiduciary rule, workable. Read more >
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. Read more >
FINRA Rep Monitoring Rule Change Could Trigger RIA Compensation Renegotiation
The regulator is reassessing its requirements for RIAs to monitor the outside business activities of their reps; one experts argues it is likely that, if the final rule reflects the proposed rule, many plan advisers who serve plans through an independent RIA (as opposed to the broker/dealer’s “corporate” RIA) will seek to renegotiate their compensation arrangements relating to their independent RIA revenue. Read more >
DISRUPTION: 3(38) Market Leader CAPTRUST Talks Growth Trends
“If the whole DC plan advisory industry could have a do-over from say, 20 years ago, I think there would probably be much more of an emphasis from a lot of different firms on the 3(38) arrangement,” says CAPTRUST CEO Fielding Miller; in an exclusive interview, he describes in detail the firm’s success building scale in the 3(38) fiduciary advice market. Read more >
Using Data to Determine the Best QDIA for Your Clients
A paper from Morningstar Investment Management lays out a framework for advisers and plan sponsors to determine the qualified default investment alternative (QDIA) that is the best fit for a plan’s demographics. Read more >
MOST POPULAR STORIES
Warn Your Clients: Don’t Abuse Coronavirus Hardship Withdrawals
Though retirement plans can allow individuals to self-certify that they qualify for a penalty-free coronavirus-related distribution, should the IRS discover otherwise during a future audit, a participant can be subject to substantial penalties.
A New World and New Opportunities for Alpha
Pandemic-driven volatility has once again highlighted the relative virtues of active and passive management.
Home Depot ERISA Lawsuit Clears Dismissal Motions

While a court has ruled the plan’s advisers should be carved out of the litigation, the counts against Home Depot fiduciaries will proceed.

AutoZone ERISA Suit Clears Motion to Dismiss

The district court declined to rule on the reasonableness of comparing actively managed funds to passively managed index funds on a motion to dismiss, clearing the way for discovery and potentially a full trial.

Intel Now Faces Consolidated Suit Over Alternatives in TDFs

Now that the U.S. Supreme Court has ruled on the meaning of 'actual knowledge,' Christopher Sulyma has joined a lawsuit filed against Intel last year.

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