Current Events

Retirement policy agenda 2017: contributions

September 13, 2016

This is the second in our series of articles on the issues that, beginning in 2017, the new Administration and the new Congress may consider, if they choose to make retirement policy a priority. In this article we discuss contribution policy. Read More

District Court dismisses Chevron fee complaint

September 08, 2016

On August 29, 2016, the United States District Court for the Northern District of California dismissed plaintiffs’ complaint in White v. Chevron. The court rejected (among other things) plaintiffs’ argument that the plan’s fiduciaries’ inclusion in a 401(k) plan fund menu of “high-priced share classes of mutual funds, instead of identical lower-cost share classes of those same mutual funds” constituted a breach of ERISA’s prudence standard. In this article we discuss the court’s analysis and holding with respect that issue. Read More

DOL finalizes rule for state-run plans

August 31, 2016

In November 2015 the Department of Labor proposed a regulation providing a “path forward” for states considering mandated private employer auto-IRA programs, specifying conditions under which the programs would not be covered by ERISA. On August 25, 2016 DOL finalized that regulation, and in this article we briefly review the final regulation. Read More

Brexit: What next for UK pensions?

August 26, 2016

While the short-term impact of the UK’s decision to leave the EU is apparent, the long-term picture remains unclear. What effect will Brexit have on broader long-term savings and the State pension; and what can we do now to ensure a better future for employers, trustees and individuals? In this Brexit overview, we look at how both Defined Benefit (DB) and Defined Contribution (DC) pension savings have been affected in the UK, as well as the impact to markets. Read More

The fiduciary’s dilemma

August 16, 2016

Much 401(k) plan fiduciary practice in recent years has been driven by litigation, particularly with respect to fees. In this article we discuss the challenge 401(k) plan fiduciaries face when they are confronted with the need to make a change in, e.g., the plan fund menu or plan providers, when there is the possibility that the fact of that change or the things they say about it may be used against them in a fiduciary lawsuit. Read More

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