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Mike Sweeney, a five-time major league baseball all-star, recently filed a suit against his former advisor accusing him of making risky investments without his knowledge and consent. Before Sweeney signed a big contract with the Kansas City Royals in 2002, he was making close to the major league... READ MORE
Though it’s important, the SEC’s initiative to create a uniform fiduciary rule under Dodd-Frank is not a front burner issue at the Commission. For example, the issue of crowd funding is more important, SEC Chair Mary Jo White stated at a recent Senate Banking Committee hearing. The SEC is still... READ MORE
On July 24, the U.S. District Court for the District of New Jersey dismissed (for a second time) a breach of fiduciary duty case brought by participants in various 401(k) plans against John Hancock and its affiliates. Essentially, the plaintiffs alleged that John Hancock breached its fiduciary duty... READ MORE
The ERISA consultants at the Columbia Management Retirement Learning Center Resource Desk regularly receive calls from financial advisors on a broad array of technical topics related to IRAs and qualified retirement plans. A recent call with a financial advisor in Wisconsin is representative of a... READ MORE
In the aggregate, how bad is the problem created by participants who leave their retirement accounts behind when they move to a new employer? Try this:• The average annual U.S. employee attrition rate is 23%.• 45% of employees leave their retirement accounts behind.• 43% of the assets held by 401(k... READ MORE
As part of its “brandscape” reports, Cogent Research asked advisors to rate mutual funds based on which ones are best positioned to increase their market share with the advisor. The best-positioned funds were:• DFA• PIMCO• Vanguard• Franklin Templeton• T Rowe Price and Ivy Funds (tied)American... READ MORE
As most retirement plan advisors are well aware, behavioral finance drives much of the discussion around retirement plan design innovations these days, for the very simple reason that it seems to help explain what might otherwise be viewed as irrational behaviors.For example, human beings are prone... READ MORE
On July 29, 2013, a federal district court in Pennsylvania issued an order affirming that the U.S. Supreme Court’s decision in United States v. Windsor requires the recognition of same-gender marriage with regard to benefits distributable from an ERISA-covered employee benefits plan. (For a link to... READ MORE
Last week’s top five most-read stories on NAPA Net reflected keen interest in Yale’s response to Brian Graff’s original “Love Letters from Yale” post, a six-month delay on the second round of participant fee disclosure, the DOL’s proposed change to 408(b)(2) disclosure regs, a Yale professor’s... READ MORE
While there’s no going back — and perhaps no good reason to even want to — there is a price to be paid for participant disclosure, according to research by EBRI. Of the 7% of participants who noticed new fee information and took action, the most common responses were to:• Move money out of... READ MORE
I was excited to hear that President Obama would be addressing the issue of retirement security in a series of speeches last week focusing on his policy agenda. That is, until I actually heard him do it.Speaking at Knox College in Galesburg, IL, on July 24, the president took the stage and made an... READ MORE
With the federal government looking for any and all ways to generate revenue, there’s speculation that stretch IRAs are likely to be cut, according to a recent article by two law professors. Stretch IRAs allow a beneficiary to take either a lump sum payment or withdraw over a number years based on... READ MORE
According to academic research from 1997-2011, investors will reward funds that outperform their benchmarks when the market is up but not when it’s down. When the market experienced negative returns, the research found, there was no significant effect on flows when comparing funds that outperformed... READ MORE
A federal judge ruled that unions could not go to state court to fight Detroit’s Chapter 9 bankruptcy filing, but they could still argue in federal court that the bankruptcy filing was improper and violated Michigan’s constitution (subscription required). Detroit claims that it is insolvent and... READ MORE
According to British politician Ed Miliband, “...the only time we made progress, we did it by challenging the conventional wisdom.” Taking that challenge, Schwab’s Rande Speigelman exposes what he calls the Five Big Lies about retirement.• You'll only need 70%–80% of your pre-retirement income –... READ MORE
Feeling a bit like you've got 404a-5 participant fee disclosure overload? You're not alone. But as noted by Legacy Retirement Solutions, the controversial (and paper-heavy) rules are indeed on the books, and you'll have to learn to deal with them. It need not consume your entire life, however.The... READ MORE
As NAPA’s 1st Annual DC Fly-in Forum approaches, many top DC Congressional leaders and policymakers have agreed to speak, with more expected. Currently the agenda for the September 17-18 meeting includes:• Senator Ben Cardin (D-MD), Senate Finance Committee• Representative Ann Wagner, (R-MO) House... READ MORE
As we reported last week, a Yale University Law School professor sent letters to over 6,000 plan sponsors suggesting their 401(k) plans were “high cost” and, among other things, implying that they may be violating their fiduciary obligations. We pointed out the serious flaws in the data being used... READ MORE
On Tuesday, July 24, the Aspen Institute’s Initiative on Financial Security organized a briefing for congressional staff to discuss how reforming the tax code could affect the retirement security of Americans. The briefing featured remarks from two key members of the House Ways & Means... READ MORE
Though appealing in theory, the use of managed accounts (MAs) in DC plans has not only been low but also seems to be declining. According to research by the PSCA, only 3.6% of plans offer MAs, and plans using MAs as a QDIA have dropped from 7.2% in 2010 to 1.2% in 2012. Overall, less than 2% of all... READ MORE
While the retirement world continues to wait for some final clarification on the Department of Labor’s ongoing attempts to establish the definition of fiduciary status under ERISA, a few recent cases demonstrate the tough time DoL will likely have in finalizing its controversial rules.According to... READ MORE
The Office of Management and Budget has posted that it received a proposed regulation from the Department of Labor. Unfortunately, it is not the much-anticipated proposed regulation on fiduciary advice. Instead, it is a regulation that addresses the development of a “Guide or Similar Requirement... READ MORE
If an employer is seriously considering hiring your firm to manage their retirement plan, at some point in the sales cycle, chances are they will ask you for references. It goes without saying that good references can be an invaluable resource to help you close new business. The interesting thing... READ MORE
People are watching the Detroit bankruptcy filing carefully, wondering whether it is the start of a trend for other cities and municipalities in financial trouble – many driven by underfunded pension plans. Many state and local pensions have either invested poorly or have not realistically... READ MORE
The ERISA consultants at the Columbia Management Retirement Learning Center Resource Desk regularly receive calls from financial advisors on a broad array of technical topics related to IRAs and qualified retirement plans. A recent call with a financial advisor in California is representative of a... READ MORE

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