Author Archives: admin

Recordkeeper, TPA, Advisor: Who Owns the Mistake When Something Breaks?

When a retirement plan error surfaces, the first reaction is almost always the same: finger-pointing. The sponsor looks to the advisor. The advisor looks to the TPA. The TPA looks to the recordkeeper. And somewhere in the background, everyone is … Continue reading

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Being a Good Employer Is Not a Fiduciary Defense

Most plan sponsors genuinely want to do the right thing. They offer a retirement plan because they care about employees, want to help people save, and believe they are acting responsibly. That instinct is admirable—but under ERISA, it is not … Continue reading

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Why “Good Service” Doesn’t Matter in ERISA Litigation

Providers often believe that being helpful will protect them if something goes wrong. It feels intuitive: strong relationships, responsive service, and goodwill should count for something. In ERISA litigation, they usually don’t. Courts don’t evaluate intent, tone, or effort. They … Continue reading

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SECURE 2.0 Fatigue Is Real—But Providers Can’t Afford It

There is no denying it: sponsors are tired. SECURE 2.0 arrived in waves, and many employers are overwhelmed by rules that seem half-finished, delayed, or constantly “to be determined.” That fatigue is understandable. For providers, though, it’s dangerous. The temptation … Continue reading

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The Provider’s Blind Spot: When Helping Too Much Creates Fiduciary Exposure

Most providers don’t stumble into fiduciary exposure intentionally. They do it by trying to be helpful. Answering “just one more question.” Suggesting a workaround. Coordinating between payroll and HR. None of this feels like fiduciary conduct in the moment. Over … Continue reading

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When Your Providers Disagree, It’s Still Your Problem

Plan sponsors are often surprised to learn that when their advisor, TPA, and recordkeeper disagree, the conflict doesn’t protect the plan sponsor—it exposes them. ERISA places fiduciary responsibility squarely on the employer. That means if one provider says something is … Continue reading

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Why Fred Reish’s Move to Prime Capital Matters to Plan Sponsors and Providers

Today’s industry news isn’t just another personnel announcement. When Fred Reish, a lawyer whose name has been synonymous with ERISA’s most complex fiduciary and regulatory issues for decades, changes teams, the whole retirement plan ecosystem should take notice. Reish isn’t … Continue reading

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Technology Doesn’t Replace Fiduciary Judgment — It Exposes It

Every retirement plan provider now talks about AI, personalization, and “smart” tools. Plan sponsors should listen — but they shouldn’t be dazzled. Technology does not replace fiduciary responsibility. It magnifies it. When a participant website nudges behavior, projects retirement income, … Continue reading

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When the Rules Shift Under Your Feet: DOL’s New Stance on ERISA Litigation

If there’s one thing retirement plan sponsors learn quickly, it’s that “settled law” in ERISA litigation is often as stable as quick-sand. The latest example comes from the U.S. Department of Labor — and it’s a move that sponsors, committees, … Continue reading

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Engagement Is a Sponsor Problem — Not Just a Vendor One

Low participation rates. Weak deferral levels. Participants who never log in unless something goes wrong. When sponsors raise these concerns, the response is often the same: “That’s just how employees are.” I don’t buy it. Engagement isn’t a mystery. It’s … Continue reading

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