With Litigation Rush, Fiduciary Insurance Adequacy Is Critical
As a result, insurers are scrutinizing potential customers more carefully, asking for extensive documentation and proof of compliance with stated policies.
Tag: Fiduciary adviser
States Start Knitting a Patchwork of Best Interest Fiduciary Regulations
With the judicial defeat of the Obama-era DOL fiduciary rule hanging in the air, individual states are moving to establish their own best interest regulations for the sale and service of investment products; attorneys warn that more piecemeal regulation is likely, as are lawsuits to test some complex ERISA preemption issues.
District Court Sides with Checksmart and Cetera in ERISA Fee Litigation
After siding with defendants and applying the shorter of two potential limitations periods, the district court decision states clearly that plaintiff’s claims are foreclosed by ERISA's three-year statute of limitations; the detailed decision tackles head-on a complex set of precedent-setting cases, including Tibble vs. Edison.
Mandate Issued by 5th Circuit to Officially Vacate DOL Fiduciary Rule
While the deadline had already technically passed for the DOL to appeal the circuit court ruling vacating its fiduciary rule reforms, this highly anticipated move by the court is truly the end of an era.
Cetera Debuts 401(k) Practice Development Program
It consists of six live, web-based training sessions conducted over a three-month period.
Benefit Consultants Relaunches AdvisorEdge Practice Management Platform
It offers advisers prospecting tools, plan management resources, including fiduciary support, and educational materials.
Reflections on a Dramatic Year for Retirement Plan Regulation
From the unexpected derailment of the DOL fiduciary rule to the expanding debate about so-called ‘open MEPs,’ your plan sponsor clients face a tremendous amount of uncertainty in 2018.
Breaking Down Fiduciary Uncertainty for Plan Sponsor Clients
Backing away from the topic of the DOL fiduciary rule, ERISA attorney Fred Reish focused his speech at the Plan Sponsor Council of America’s national conference on general compliance duties of ERISA plan sponsors; he noted that courts have applied what is called the “two hats” doctrine.
Attorneys General, Other Third-Parties Move to Revive DOL Fiduciary Rule in 5th Circuit
Anticipating the DOL will not itself ask the 5th U.S. Circuit Court of Appeals to reconsider a crucial mid-March panel ruling that vacated the Obama-era fiduciary rule expansion, attorneys general and retiree advocacy organizations are speaking out, asking the full appellate court to reassess its decision.
Pershing Reveals New DC Plan Oversight Tool
The solution is aimed at helping advisers and home offices realize better efficiencies and increase transparency in retirement plan management.
SEC Signals Start of Formal Broker Fiduciary Rule Examination
Nearly a month after an appellate court unexpectedly quashed the DOL fiduciary rule expansion, the Securities and Exchange Commission has announced a date and time for its first formal meeting on the topic.
With DOL Fiduciary Expansion Faltering, CFP Board Requires Best Interest Service
The Certified Financial Planner Board of Standards has adopted a revised ethics code that requires a CFP professional to act as a fiduciary in all client service contexts, and therefore, to act in the best interests of the client at all times when providing financial advice.
Broad-Based Financial Education Found to Be Ineffective
Instead, programs need to be tailored to each individual’s specific financial goals.
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.
Advicent Reveals NaviPlan Updates Tied to Tax Cuts and Jobs Act
Advisers generally are not qualified to represent their clients before the IRS, and so they generally must shy away from offering tax advice; but that doesn’t mean they can afford to ignore the broad or specific implications of recent tax reforms for their clients.
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.
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.
Plaintiffs Won the Balance of ERISA Class Certification Motions in 2017
The number of Employee Retirement Income Security Act lawsuits winning class certification in 2017 far outstripped the number of suits within which class action status was denied; attorneys with Seyfarth Shaw offer detailed analysis of all the ongoing cases.
2018 PLANSPONSOR Retirement Plan Adviser of the Year Finalists Announced
PLANADVISER is pleased to announce the finalists for the annual PLANSPONSOR Retirement Plan Adviser of the Year awards.
Talking Advisory Industry Disruption with America’s Best 401K
The direct-to-sponsor firm proudly brands itself as an advisory industry disruptor, boasting fast revenue growth and a 30-day average sales cycle; we sit down with lead strategy officer Josh Robbins for a frank conversation about what comes next for the company and its “traditional” competition.