Monthly Archives: August 2024

The nuisance value

When I write about the need for plan sponsors to understand their responsibilities as plan fiduciaries and their potential liability if they ignore their duties, I hear the same complaints about my ideas. The complaint which was even leveled by … Continue reading

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In the end, it’s all about competent plan administration

While I know my discussions about payroll provider third-party administration firms (TPAs) have hit nerves (especially those that work for those firms). We can all debate whether there is a link between running payroll and running 401(k) plans or whether … Continue reading

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Clues that it’s time for a plan review

As many of you know, I offer a Retirement Plan Tune-Up, a legal review for $750 that reviews the documentation, administration, costs, and the fiduciary process of a retirement plan. Regardless of whether you would use my review or hire … Continue reading

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Some Answers to Questions

As an ERISA attorney, I always have an open phone policy with plan sponsors, financial advisors, accountants, TPAs, and other attorneys from around the country on questions they may have about their plan or a client’s retirement plan. I never … Continue reading

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Yes, I support TPAs

When I was at law school, I was the editor-in-chief of the law school’s newsmagazine. My rise to the top probably had a lot to do with the free time I had by not making law review or any other … Continue reading

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Advertising won’t fix it

Over the years, I worked with many organizations starting back with student political organizations and the school paper at Stony Brook. This includes actual businesses and civic and religious organizations. Many of these businesses and organizations thought that advertising was … Continue reading

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Mark my words: Crypto in 401(k) is inevitable

While some providers were offering Crypto windows in 401(k) plans, I was vehemently against it because the Department of Labor (DOL) was against it. The volatility of crypto was one thing, security was another issue. The introduction of spot Bitcoin … Continue reading

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ERISA is 50

The Employee Retirement Income Security Act (ERISA) turns 50 this year and I didn’t buy them a gift or a cake. Seriously, this law still serves as a framework for the retirement plan industry and despite some limitations, it’s been … Continue reading

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Advisors should play nicely with other providers

What makes a good retirement plan financial advisor? Well, it takes attention to detail, an understanding of what the role to entails, and dedication to the client. In addition, what I find is the way a good financial advisor handles … Continue reading

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My Two Cents: Don’t Trust Anybody on hardship distributions

The reason I never hired an employee is because I was an employee once too. I had co-workers, many of who I couldn’t trust (I did work for a couple of law firms). As far as plan sponsors relying on … Continue reading

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