Monthly Archives: July 2025

Cleaning Out the ERISA Attic: DOL Retires Obsolete Interpretive Bulletins

The Department of Labor’s Employee Benefits Security Administration (EBSA) just did what many plan sponsors wish they could do, clear out old, confusing clutter that no longer serves a purpose. On June 30, the DOL issued a Direct Final Rule … Continue reading

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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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