Category Archives: Retirement Plans

Supreme Court Examines “Meaningful Benchmarks” in Intel Case

The Supreme Court heard oral arguments on October 6 in Anderson v. Intel Corporation Investment Policy Committee, examining what constitutes a “meaningful benchmark” when participants challenge retirement plan investments based on alleged underperformance. The case involves challenges to Intel’s retirement … Continue reading →

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Nobody likes paying to fix someone else’s mistake. I certainly don’t. If a retirement plan provider gives bad instructions, misses an eligibility date, or mishandles information, a plan sponsor has every reason to ask why it happened and who will pay. But asking those questions doesn’t correct the plan. I’ve seen situations where everyone becomes so focused on assigning blame that the actual problem sits there. The sponsor blames the TPA. The TPA blames payroll. Payroll says it followed instructions. Meanwhile, the participant is still missing money, and nobody has agreed on what happens next. Being right about fault doesn’t make the delay useful. The first task is to establish the facts. What went wrong? Which participants and years are affected? What records are needed? Then get qualified guidance on the correction and establish who will complete each step. You can pursue reimbursement while that work proceeds. Document the provider’s instructions, preserve the correspondence, and review the service agreement. If the provider caused the problem, ask for a written explanation and a proposal for addressing its share of the cost. Just don’t make the participant’s correction depend on winning an argument between businesses. That doesn’t mean accepting every demand from a provider or writing a blank check. A proposed correction should be explained and supported. The sponsor needs to understand what it is approving. But refusing to engage because “this wasn’t our fault” usually makes the situation harder to resolve. A plan sponsor hired providers because it needed assistance. When that assistance fails, the sponsor still needs to coordinate a response and make sure the work gets done. Hold the provider accountable. Seek reimbursement when appropriate. Replace them if the relationship warrants it. But keep the correction moving. You can argue over the bill without leaving the plan’s problem sitting untouched.

I was a malcontent. I was always going to be a malcontent, and that is OK. When I worked for other people, I wasn’t particularly good at pretending everything was wonderful when it wasn’t. That didn’t always make me popular. … Continue reading →

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The Provider’s Mistake Still Requires Your Attention

Nobody likes paying to fix someone else’s mistake. I certainly don’t. If a retirement plan provider gives bad instructions, misses an eligibility date, or mishandles information, a plan sponsor has every reason to ask why it happened and who will … Continue reading →

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Your Best Employee Shouldn’t Be Your Entire Business

When I worked for other people, I learned that the person with the biggest title wasn’t always the person keeping the place together. Sometimes it was the employee who knew where everything was, remembered every client’s peculiarities, and could fix … Continue reading →

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Stop Making Your Office Manager the Accidental Retirement Expert

Small businesses have a person who does everything. They handle payroll, order supplies, deal with the insurance broker, and somehow know why the copier stopped working. Because they’re dependable, the owner keeps adding responsibilities. Eventually, someone hands them the 401(k) … Continue reading →

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A Referral Partner Is Not Your Boss

When you’re trying to build a retirement plan practice, a good referral partner can feel like the greatest person in the world. An advisor sends you clients. A payroll company introduces you to business owners. An accountant recommends your services. … Continue reading →

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The Cheapest Prospect Can Become Your Most Expensive Client

I believe in flat fees because clients should know what they’re paying. That doesn’t mean every prospect who wants a lower price is a problem. Business owners have budgets, and comparing fees is reasonable. But there’s a difference between asking … Continue reading →

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Another Forfeiture Lawsuit Bites the Dust

Another 401(k) forfeiture lawsuit has been dismissed, and plan sponsors should pay attention because this litigation trend has generated a lot more noise than clarity. In Lapko v. United Wholesale Mortgage, former employees challenged the company’s use of forfeitures from … Continue reading →

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The Danger of Being Too Helpful

One of the biggest risks for retirement plan providers is trying to be too helpful. That sounds ridiculous because service is supposed to be about helping clients. The problem is that there is a line between helping a plan sponsor … Continue reading →

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Nobody Reads the Conversion Notes

When a retirement plan changes TPAs or recordkeepers, everybody wants the conversion completed as quickly and smoothly as possible. Assets have to move, payroll files need to work, participant accounts need to be established, and somebody wants to declare the … Continue reading →

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