PLANADVISER Weekend Newsdash
Week ending May 13th, 2016
NOTE FROM THE EDITOR
Happy Friday, PLANADVISER readers! There has been no shortage of predictions published regarding the likely impact of the DOL’s final fiduciary rule—with positive and negative opinions coming down from all sides of the issue. Many still expect small-balance savers to be harmed by a stricter fiduciary standard, while others see a healthy dose of industry disruption leading to better service for all. Below you’ll find the opinions of top ERISA attorneys and industry execs on various sources of regulatory disruption. 
Editor's choice
Final Fiduciary Rule Still Favors Level-Fee Work
Experienced ERISA attorneys and business development executives at Ascensus tell PLANADVISER the DOL’s final fiduciary rule still inherently favors flat-fee service arrangements for qualified plan clients and “an open architecture future for accessing retirement plan investments.” Read more >
Expanding Coverage
The campaign to expand access to retirement savings in the workplace at the federal government level “continues to get little more than lip service” from political leaders, argues Marcia Wagner, an ERISA attorney working on a variety of employee benefits and executive compensation issues. And so, more than half of the states are taking some action to fill the coverage gap. Read more >
Fiduciary Breaches by Others
Fred Reish and Joan Neri are two nationally recognized ERISA attorneys with Dirnker, Biddle & Reath. Writing in the latest PLANADVISER print edition, the pair warn that “even if you think you are not a fiduciary under the new DOL rulemaking, there still is new risk and liability.” Read more >
Clarifying the Scope and Value of Fiduciary Services
Before becoming founder and CEO of Unified Trust Co. in Lexington, Kentucky, Gregory Kasten was an M.D. in anesthesiology. When looking for retirement advice, Kasten “found a lot of smart people and advisers to talk to, and some of them had some powerful ideas, but most were ultimately trying to sell me a specific product or bring me back to a particular fund family.” Read more >
Fiduciary Rule Shows Washington Compromise Can Still Happen
Count Russell Investments directors Jean-David Larson and Sam Ushio among the financial services industry professionals who were grateful to see the Department of Labor (DOL) dial back some elements of its new fiduciary standard. Read more >
MOST POPULAR STORIES
TOP 100 Retirement Plan Advisers
Noteworthy retirement plan specialists, based on number of plans and total assets under advisement.
Assessing Likely Impacts of IRS Hardship Withdrawal Rule Changes
New rules established by Congress and the IRS simplify the process for participants to request a hardship withdrawal of DC plan assets; some experts say this could increase “leakage,” while others anticipate more positive effects, such as lower debt among cash-strapped participants.
What Is a DOL Adviser Investigation Like?
The number of Department of Labor investigations of financial advisers has steadily increased over the years; here is a primer on the DOL’s sources of authority, and what to expect when examiners come knocking.
Managed Account QDIA Mechanics Challenge Plan Sponsor Clients
ERISA attorneys and plan design consultants say they are hearing more questions from sponsors about using managed accounts as a plan’s default investment, but the most common use case remains opt-in managed accounts.
Court Returns Mixed Ruling in Schwab ERISA Self-Dealing Suit

The detailed ruling comes after Schwab defendants moved to dismiss in part the plaintiff’s second amended complaint. 

Editorial: Alison Cooke Mintzer alison.mintzer@strategic-i.com

Advertising: Paul Zampitella paul.zampitella@strategic-i.com

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