Category Archives: Retirement Plans

I’m not concerned with the DOL and CIA agreements

Rep. Virginia Foxx (R-N.C.) asked for an investigation into the Department of Labor’s (DOL) apparent practice of sharing information obtained from its investigations with plaintiffs involved in ERISA-related litigation. These agreements are known as common interest agreements (CIA). This CIA … Continue reading

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Do what’s right for the client

As many of you know, a substantive part of my income is independent fiduciary work. Whether it’s an ERISA §3(16) administrator, trustee, or Pooled Plan Provider (PPP), my other business Austin 3(16) Fiduciary Limited, is almost as successful in income … Continue reading

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Employees will screw up, be honest in fixing it

“A lot of holes in the desert, and a lot of problems are buried in those holes. But you gotta do it right. I mean, you gotta have the hole already dug before you show up with a package in … Continue reading

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Great selling, but be right

There are a lot of people in the retirement plan business that are great at selling. I always said that Rich Laurita was the greatest salesman I knew. My. The joke was that Rich couldn’t spell 401(k). But Rich was … Continue reading

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With some penalties, there is nothing I can do

Memorial Sloan Kettering is probably one of the top 5 cancer hospitals in the United States. If I ever got cancer, I’d be there as a patient instead of some rinky dink local hospital (my mother would take us to … Continue reading

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Shut up and say Thank You

My maternal grandmother Rozalia was the sweetest person I ever knew. When I would get a gift from her, she would simply say: “shut up and say thank you.” That was her way of saying that she didn’t want to … Continue reading

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That last button on your 401(k) plan

As an attorney, I hate dressing up. If I could wear a sports jersey to meetings, I would. One thing I hate is buttoning up the dress shirt. There always seems to be one button unbuttoned or one done incorrectly, … Continue reading

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Change is inevitable

The local baseball card show promoter sold its two biggest shows to a memorabilia dealer who took over a show in Boston. As I told my son, change is inevitable—for the show, for the vendors, and for the people who … Continue reading

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LTPT and Automatic Enrollment will cause a lot of errors

I am all for an increase in retirement plan coverage. The problem is the errors that go with it. The long-term, part-time rule for deferral participation in 401(k) plan, is a great idea. So is automatic enrollment for new plans … Continue reading

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I don’t see Roth Employer Contributions as being a big thing

One of the option of SECURE 2.0 is allowing employers to offer partricipants the right to Roth Employer contributions where they can pay the taxes upfront, and get tax free treatment on employer contributions. As long as employers require vesting … Continue reading

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