Category Archives: Retirement Plans

When Grey Wins: Natixis Beats ERISA Challenge with Process, Not Perfection

In the world of ERISA litigation, process often trumps perfection. That was the story in Waldner v. Natixis, where a federal judge dismissed claims that Natixis and its plan committee acted disloyally and imprudently by loading up a $440 million … Continue reading

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Quick Tips for Plan Sponsors Who Want to Stay Out of Trouble

If you’re a 401(k) plan sponsor, you don’t need to be an ERISA expert—you just need to avoid doing dumb things. Here are a few quick tips to help you stay on the right side of your fiduciary duties and … Continue reading

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Plan Design That Works: Why 401(k) Participants Are Saving Smarter

Every once in a while, the data tells a story that plan sponsors should actually feel good about. Vanguard’s latest How America Saves report offers just that, a story of progress. Thanks to smarter plan design choices, participants are saving … Continue reading

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Forfeitures and Fiduciary Risk: What Plan Sponsors Need to Know Now

Forfeitures have long been a sleepy corner of 401(k) plan administration, but recent class-action lawsuits are waking everyone up. Over the past couple of years, plaintiffs’ attorneys have set their sights on how plan sponsors use forfeitures, those leftover funds … Continue reading

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I Was Never Going to Be That Guy

When I was getting ready for law school, I watched The Firm. Tom Cruise, fresh-faced and full of promise, with all these big-name law firms throwing money at him like he was a first-round draft pick. A Mercedes. A Rolex. … Continue reading

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Dear Plan Providers: Here’s the Kind of Content Plan Sponsors Actually Want

If you’re a plan provider—advisor, TPA, recordkeeper, or pooled plan provider—you’ve probably heard the advice a million times: “Create content to stay top of mind with plan sponsors.” But what kind of content actually works? Here’s the secret: plan sponsors … Continue reading

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Still Stuck in 1986

I once volunteered for an organization where I flat-out said the leadership—excluding myself—was stuck in 1986. I didn’t say it to be funny. I said it because it was true. They were using the same dated tactics to bring in … Continue reading

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Fee Savings from CITs in 403(b)s Could Cover 6 Months of Retirement—If Fiduciaries Pay Attention

Vanguard’s latest report makes a blunt point: allowing collective investment trusts (CITs) in 403(b) plans could save the median plan participant about 0.08% to 0.09% annually compared to mutual fund fees—translating into $23,000–$28,000 less paid in fees by age 65 … Continue reading

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Overpaying for Underperformance: A Fiduciary Breakdown in Plain Sight

A massive new study by Abernathy-Daley covering nearly 58,000 corporate 401(k) plans delivered a simple—but startling—message: virtually every plan suffers from overpriced, underperforming funds. In fact, 99% of plans have at least one fund with a cheaper, better-performing alternative over … Continue reading

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Soap Operas Are Great on TV, But Not in Your 401(k) Plan

Look, I love a good soap opera. I grew up on Dallas, and I still sneak in The Bold and the Beautiful when I can. There’s something about the betrayal, the big reveals, and the constant twists that makes it … Continue reading

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