PLANADVISER Weekend Newsdash
Week ending April 12th, 2019

Happy Friday, readers! This weekend’s mailing focuses on the ever-evolving topic of retirement plan regulations. For the casual observer, the shifting tangle of laws and regulations governing the behaviors of retirement plan fiduciaries can seem almost comically complex. For industry practitioners, wrestling with the regulatory Hydra is a daily battle, and one with potentially dire personal and professional consequences. Below you will find a roundup of significant regulatory events from the first quarter of 2019. We hope you’ll share some of what you read with a client or colleague.

Regulation News
Supreme Court Asked to Review Chevron Case for ERISA Pleading Standards
Specifically, the petition filed by participants in Chevron’s DC plan asks the Supreme Court to answer: “In pleading a breach of fiduciary duty under ERISA, is it sufficient for a plaintiff to allege a deficient decision-making process indirectly through inferences from the facts known to her?” Read more >
IRS Discusses Ways ESOPs Can Prevent Violation of Nonallocation Year Rules
Since there are no prescribed correction methods to address Internal Revenue Code Section 409(p) violations, prevention methods are important considerations for both employee stock ownership plan design and operation, the IRS says. Read more >
Plan Sponsors Affected by Severe Storms Get ERISA Compliance Relief
The Department says it recognizes that severe storms may impede efforts by plan fiduciaries in Nebraska, Iowa and Alabama to comply with the Employee Retirement Income Security Act over the next few months. Read more >
SEC No-Action Letter Offers Guidance for Processing Rollover Checks
Banc West Investment Services asked the Securities and Exchange Commission to clarify its stance on the potential conflict between FINRA suitability determinations called for by rollover decisions and, on the other hand, SEC demands to forward customer checks within a day of receipt. Read more >
House Subcommittee Witnesses Bash SEC’s Regulation Best Interest
Out of five witnesses called before the House Subcommittee on Investor Protection, Entrepreneurship and Capital markets, just one spoke favorably about the SEC’s conflict of interest regulations—and his support was conditioned on the SEC taking further action in this area. Read more >
Will Your Errors and Omissions Insurance Policy Keep You Dry?
Buyer Beware! One experienced matchmaker pairing RIAs with providers of E&O insurance policies likens the space to the Wild West, especially when one looks at the “non-admitted” provider marketplace. Read more >
MOST POPULAR STORIES
Inheritance Pathways Exist to Replace Stretch IRAs
The SECURE Act is stalled in the U.S. Senate due in part to several lawmakers’ concerns that it does away with so-called “stretch IRAs,” but tax and inheritance experts say other effective tax mitigation strategies are available.
SECURE Act Update: Revisions to Model Rollover Notices

Although the landmark legislation will take years before it is fully implemented, many of the provisions are already in effect—including two that require immediate changes to the 402(f) notice given to participants to help them understand their rollover options.

Washington Update: Industry Turns Attention to Portman-Cardin Bill
The president’s budget proposal may be short on retirement reforms, but members of Congress are already looking beyond the SECURE Act.
FINRA Wants to Help You With Reg BI Compliance

As the enforcement date approaches for the sweeping Regulation Best Interest rulemaking package, FINRA is working hand-in-hand with the SEC to ensure effective coordination—and to support advisers working on associated compliance challenges.

‘Stretch IRAs,’ Multigenerational Inheritance and the SECURE Act
Low and middle-income Americans struggling to save for retirement are depending on the U.S. Senate to pass the SECURE Act, advocates say. At present, one roadblock seems to the law’s treatment of “stretch IRAs.”
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