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Recent Posts
- Recordkeeper, TPA, Advisor: Who Owns the Mistake When Something Breaks?
- Being a Good Employer Is Not a Fiduciary Defense
- Why “Good Service” Doesn’t Matter in ERISA Litigation
- SECURE 2.0 Fatigue Is Real—But Providers Can’t Afford It
- The Provider’s Blind Spot: When Helping Too Much Creates Fiduciary Exposure
Recent Comments
- John O'Reilly on You Might Be Gold, But They May Not See It
- Dale F. Smith on “Experienced” Plan Provider can mean a lot of things
- Steve on Make a sure a plan provider change is for the right reason and not to make someone $$$$$
- Dale F. Smith on Yale Law Professor scares 6K Plan Sponsors and everyone missed the point
- Sherry Gensemer on The High Fee Open MEP becomes a High Fee MEAP
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JDSupra
Categories
Monthly Archives: December 2025
The Dust Settles: What DOL’s Move Means for 401(k) Sponsors
Just when the 401(k) frontier seemed to be getting a new sheriff , tougher advice standards, greater accountability, the DOL has quietly dropped its appeal defending the 2024 fiduciary rule. That regulation would have expanded fiduciary duty to rollover guidance … Continue reading
Posted in Retirement Plans
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Into the Next Chapter: Why 401(k) Sponsors Must Rethink Retirement Income
A new study examining how retirees manage annuity payouts from defined-contribution plans should make every 401(k) plan sponsor sit up and pay attention. We spend so much time focused on accumulation, deferral rates, employer contributions, fund lineups, that we sometimes … Continue reading
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When Fiduciary Duty Goes Wrong: The 403(b) Dress-Down at One Brooklyn Health
The recent complaint against One Brooklyn Health System Inc. hits like a cold gust in a dusty frontier town, sudden, sharp, and full of consequences. The plan is accused of mismanaging its 403(b) by offering expensive “retail” share classes of … Continue reading
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The Most Ignored Document: Your Plan Document
Every plan sponsor owns a plan document. Very few read it. Fewer understand it. And almost none use it as the operating manual it was designed to be. Instead, many rely on “tribal knowledge”, the memory of someone in HR … Continue reading
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The Most Dangerous Words in a 401(k): “We’ve Always Done It That Way.”
If I had a dollar for every time a plan sponsor told me, “We’ve always done it that way,” I’d have a retirement plan without recordkeeping fees. Tradition might be great for Thanksgiving recipes, but it’s a disaster for plan … Continue reading
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Loose Cannons, Lost Clients, and Why Getting Along Still Matters
Years ago, back when I was still at that fakakta law firm, I did what good people are supposed to do: I helped someone. I referred a 401(k) plan to an advisor. I even introduced him to the law firm … Continue reading
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Don’t Be the Weak Link: Good Administrators Protect Plans — and Themselves
There’s a frontier-town cliché: a chain is only as strong as its weakest link. In the 401(k)/403(b) world, that weakest link is often the administrator or recordkeeper when they cut corners. Mistakes from sloppy recordkeeping, incorrect deferrals, mis-applied vesting rules, … Continue reading
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When Your Recordkeeping Platform Becomes Your Risk Platform
Recordkeepers love to talk scale: billions of dollars, millions of participants, thousands of plans. But scale cuts both ways. When something breaks, it breaks everywhere. Ask anyone who survived the great Mapping Error Debacle of whichever year you choose—every provider … Continue reading
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When a Sponsor Says “Our Employees Just Don’t Care”—How You Help Them Care
Plan providers hear it all the time: “Our employees don’t care about the 401(k).” That’s usually employer-speak for “We haven’t communicated anything in three years and HR is tired.” Employees aren’t apathetic—they’re overwhelmed, confused, and suspicious of anything that sounds … Continue reading
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How to Make Your Service Model Actually Participant-Centric (And Get Paid For It)
Everyone in the retirement plan world claims to be “participant-centric.” It’s the industry’s version of “gluten-free”—proudly announced, poorly understood. The truth is, most providers focus on the plan sponsor relationship because that’s where the contract lives. Participants? They get a … Continue reading
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