PLANADVISER Weekend Newsdash
Week ending July 8th, 2016
NOTE FROM THE EDITOR
Happy Friday, readers! Anyone who receives our bimonthly print edition will be familiar with our ERISA attorney columnists, including Groom Law Group’s David Kaleda; Marcia Wagner, of the Wagner Law Group; and Fred Reish and Joan Neri, with Drinker Biddle and Reath. This week’s roundup mailing includes their latest writing for the PLANADVISER audience, with a particular focus on your questions about the DOL fiduciary rule and related litigation. 
Editor's choice
Rollovers Under the Fiduciary Rule
ADVISER QUESTION: I’m an adviser who provides investment advice to ERISA plan committees. I also provide wealth management and financial planning services to individuals. Under the final Department of Labor fiduciary rule, will I be able to advise plan participants or wealth management clients about their distribution options under a plan or an individual retirement account? Read more >
The New Fiduciary Rule Is for Plan Sponsors, Too
For IRAs and non-ERISA plans, the standard will need to be reflected in a written contract that will be the basis for a new contract-based legal action by these retirement investors. For ERISA plans or plans served by fiduciaries receiving a level fee, the contract requirement is reduced to providing a written statement of the adviser’s fiduciary status and adherence to the best interest standard. Read more >
Fee-Only Fiduciaries
The DOL points to FINRA guidance as to articulating the meaning of “recommendation,” though it stops short of adopting that definition itself. Further, the final rule allows an adviser to provide “investment education” about distributions and rollovers without being deemed a fiduciary, for providing “investment advice,” but this educational exception may be narrowly interpreted by the DOL or a court. Read more >
The Latest in Fiduciary Litigation
Why the rash of suits? ERISA attorneys speculate the significant attention paid to the U.S. Supreme Court decision last year in Tibble v. Edison has played at least a small part in emboldening these firms to pick up the pace in bringing these lawsuits. Read more >
MOST POPULAR STORIES
TIAA Faces New Managed Account Rollover Complaint Months After Settling SEC Charges

A new lawsuit suggests the individual advisory program TIAA clients were rolled into was significantly more expensive and generated hundreds of millions of dollars in fees for TIAA—without providing commensurate performance benefits.

DOL Announces Anticipated ESG Fiduciary Investing Rule

Agency leaders say the principal idea of the new proposal is that climate change and other ESG factors can be financially material and, when they are, considering them will inevitably lead to better long-term risk-adjusted returns.

Social Security Benefits Will Grow 5.9% in 2022 Amid Renewed Inflation Concerns

The important federal benefit increases when the cost of living rises, as measured by the Department of Labor’s Consumer Price Index for Urban Wage Earners and Clerical Workers, or the ‘CPI-W.’

Retirement Industry People Moves

Impax appoints Ed Farrington as head of distribution for North America; Prudential forms new Prudential Retirement Strategies business; Northern Trust appoints Gary Paulin as head of global strategic solutions; and more.

Calmer Summer Yields to Volatile Fall for U.S. Investors

Individual and institutional investors were feeling better about market risks before getting a Delta-driven reality check.

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