Category Archives: Retirement Plans

Get the lowest share price possible

Here’s that in Ary Rosenbaum’s voice — clear, direct, with a personal anecdote to drive the point home: I’ve talked a lot about institutional share classes, revenue sharing, and the alphabet soup of fund share classes. Maybe I was getting … Continue reading

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Well, that didn’t take long. In what’s becoming a routine political tug-of-war, the Trump administration (yes, back again) has rescinded the Biden-era Department of Labor (DOL) guidance cautioning plan sponsors against offering cryptocurrency in 401(k) plans. To quote every compliance officer I’ve ever met: here we go again. Now let me be clear—I love crypto. I believe in decentralization, innovation, and financial technology that isn’t stuck in the Stone Age of paper checks and fax machines. I think crypto has a role to play in the future of retirement planning. But like any shiny new object in the retirement space, it needs to be handled with a mix of curiosity, caution, and common sense. Just because the DOL has backed off doesn’t mean you should go rushing to throw Bitcoin into your investment lineup like it’s a Target Date Fund. Fiduciary responsibility doesn’t vanish with a policy shift. ERISA didn’t change overnight. If I were ever to offer crypto in a 401(k)—and I’m not saying I would, just if—I certainly wouldn’t do it through some fly-by-night crypto wallet company that promises the moon, charges you the stars, and stores your coins on a server in someone’s basement. No, I’d use a trusted custodian—someone with experience, infrastructure, insurance, and a track record of not disappearing when the market tanks. Because let’s not forget: plan sponsors have a duty of prudence. That means understanding what you’re offering, why you’re offering it, and how it fits into the larger plan structure. Offering crypto in a plan isn’t inherently imprudent—but doing it with the wrong partner absolutely is. So while the political pendulum swings, let’s remember our job hasn’t changed. We’re still here to protect participants, build smart plans, and avoid ending up as the cautionary tale at the next ASPPA conference. Stay curious. Stay cautious. And please—if you’re going to offer crypto in a 401(k), don’t let a Reddit thread be your due diligence.

Absolutely. Here’s your piece in the voice of Ary Rosenbaum—refined for tone, rhythm, and clarity while keeping the conversational, legal-insider style you’re known for. When I was in law school, I was the editor of the student magazine. One semester, … Continue reading

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Crypto in 401(k) Plans? Sure—But Let’s Not Lose Our Minds

Well, that didn’t take long. In what’s becoming a routine political tug-of-war, the Trump administration (yes, back again) has rescinded the Biden-era Department of Labor (DOL) guidance cautioning plan sponsors against offering cryptocurrency in 401(k) plans. To quote every compliance … Continue reading

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Late 5500s: The Maddening Decision Not to Use the DFVCP

There are few things more maddening, more viscerally frustrating, than watching a plan sponsor or service provider steer themselves into the abyss out of sheer pride or ignorance—or worse, some toxic blend of both. But in the twilight centuries of … Continue reading

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The Check’s in the Mail? Why That’s a Problem for Your 401(k)

Two years ago, a guy named Handy tried to do something that should be dead simple in 2025: roll over his $114,000 401(k) after changing jobs. He was 33, building toward his future. But instead of a clean, secure digital … Continue reading

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Here we go again

Here’s the short version: the Department of Labor’s decision to reopen the Biden-era ESG rule is overdue—and welcome. Yes, Judge Kacsmaryk blessed the 2022 regulation under the new post-Loper Bright world, but legal survivability is hardly the same thing as … Continue reading

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UBS Faces Forfeiture Lawsuit

UBS has found itself the latest target in the growing wave of ERISA litigation surrounding the handling of forfeitures in 401(k) plans. In Czakoczi v. UBS AG et al., filed in the District of New Jersey, the allegations mirror a … Continue reading

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DOL Walks Back Crypto Chill: A Return to Fiduciary Neutrality

The Department of Labor’s Employee Benefits Security Administration (EBSA) released Compliance Assistance Release No. 2025-01. For those of us keeping track at home, this new guidance effectively rescinds the now infamous 2022 Release that sent plan sponsors and ERISA attorneys … Continue reading

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The Mission Becomes Possible

I hated the Mission: Impossible TV show. Let me just get that out of the way. It was a fixture on Sunday afternoons when we didn’t have cable—reruns of that lifeless series looping like some cruel punishment. It was always … Continue reading

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Fidelity adds student match program

The 401(k) world has long been a place where innovation comes with a compliance manual and where “benefits” are often tied up in strings long before they reach employees. But sometimes, a change comes along that feels like a step … Continue reading

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