Monthly Archives: August 2025

The DOL is Right to Scrap the Annuity Safe Harbor

The Insured Retirement Institute (IRI) is once again carrying water for the annuity industry, this time urging the Department of Labor to retain a regulatory safe harbor that’s already obsolete. The safe harbor in question, rooted in the Pension Protection … Continue reading

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Trump Accounts: What Employers Need to Know

When Congress passes a bill with a title like the “One Beautiful Bill,” you can already guess who had their fingerprints on it. Out of this legislation comes the so-called Trump Account, a new hybrid savings vehicle that sits somewhere … Continue reading

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Private Markets in 401(k) Plans: An Opportunity or a Pandora’s Box?

A new Empower survey has made some waves in the retirement plan industry. According to their July 2025 survey, a striking 68% of advisors already use private market investments—things like private equity, private credit, and private real estate, mostly in … Continue reading

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Bank of America’s Forfeiture Case Survives Motion to Dismiss

One of my favorite movie scenes in Donnie Brasco is when Lefty and the crew bust open city parking meters for dimes because they’ve got to make their weekly nut. Sometimes, I feel like ERISA litigation is the same thing, … Continue reading

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Sentara Healthcare and the Perils of Fiduciary Oversight

When it comes to retirement plan litigation, the common theme I’ve noticed over the years is that lawsuits rarely die in the early rounds. A fiduciary’s best hope is to win on summary judgment or at trial, but a motion … Continue reading

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The problem of the de-conversion process

Years ago, back in law school, I was the Executive Editor of the student news magazine. It wasn’t the New York Times, but it was our little soapbox to gripe about professors, tuition hikes, and the lousy food in the … Continue reading

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Happy Clients Never Leave

In the retirement plan business, I’ve watched too many plan providers obsess over competitors—who’s stealing clients, who’s lowering fees, who’s suddenly offering “cutting-edge” solutions. But here’s the truth: if a plan sponsor is happy with their provider, they’re not going … Continue reading

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The Road to Hell… and Retirement Plans

One of my favorite sayings is: “The road to hell is paved with good intentions.” To me, it’s a reminder that even when we mean well, things don’t always turn out the way we hoped. A big part of what … Continue reading

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Let Young Workers Save—It’s About Time

If you’re old enough to flip burgers, serve coffee, or serve your country at 18, you should be able to save for retirement too. That’s why I fully support the bipartisan Helping Young Americans Save for Retirement Act (H.R. 4718). … Continue reading

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Private Equity in 401(k) Plans? Tread Carefully

Word on the street is that President Trump plans to issue an executive order promoting private equity and other private investments in 401(k) plans. While he can’t mandate it, he can certainly nudge it, and that’s exactly what’s expected. The … Continue reading

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