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Nevin E. Adams, JD

By Nevin E. Adams, JD | 4/16/2015
In the wake of several EEOC lawsuits regarding employer-based wellness programs, the Obama administration has issued guidance on how to avoid running afoul of nondiscrimination laws.As advisors know, a growing number of employers that provide health insurance also offer workplace wellness programs... READ MORE
By Nevin E. Adams, JD | 4/16/2015
It’s not altogether clear (to me at least) what insights one might glean from the answer(s) to that particular interview question. Of course, that might explain why it was voted the weirdest interview question in this week’s NAPA Net reader poll.Some people maintain that weird interview questions... READ MORE
By Nevin E. Adams, JD | 4/15/2015
Industry insider and fiduciary geek Pete Swisher has penned a timely and insightful piece on the history and potential future impact of the Department of Labor’s new “conflict of interest” proposal.Swisher, who has spent years studying and preparing for the issues surrounding the “definition of ‘... READ MORE
By Nevin E. Adams, JD | 4/15/2015
The Department of Labor’s long-awaited fiduciary reproposal claims to protect consumers from “conflicts of interest” in retirement advice — but at what cost?While initial concerns about preserving the ability for 401(k) participants to work with the advisor of their choice on rollovers appear to be... READ MORE
By Nevin E. Adams, JD | 4/14/2015
It’s been a long time coming, but after a nearly five-year odyssey the Department of Labor on April 14 unveiled a proposed regulation that redefines who a plan fiduciary is — and makes it clear that the Obama administration intends the rule to be a way to increase consumer protections for plan... READ MORE
By Nevin E. Adams, JD | 4/14/2015
Last week I highlighted three “myths” about the retirement system that will not die — all the more distressing because they are perpetuated by retirement industry pundits. Here are three more that (mostly) aren’t perpetuated by those who actually work with retirement plans, but by academics.... READ MORE
By Nevin E. Adams, JD | 4/13/2015
Years back, a friend of mine told me about an outlandish interview question.The question was simply this; if you could be any kind of tree, what kind would you be — and why?Now, as such questions go, it’s rather tame. Depending on who you ask, these kind of questions are designed to get past “... READ MORE
By Nevin E. Adams, JD | 4/9/2015
We live in an era of expanding electronic communications — but there are limits for ERISA plans, as a recent federal court ruling reminds us.As paper virtually disappears from the workplace, we will surely see a softening of the conditions imposed by the DOL on the electronic distribution of... READ MORE
By Nevin E. Adams, JD | 4/9/2015
How would you react if the star manager for your plan’s only fixed income option left his firm? How would you address inadequate savings in your DC plan? Your DB plan has dropped to a 70% funded status — now what?These questions — and many others — are faced by plan sponsors, fiduciaries and their... READ MORE
By Nevin E. Adams, JD | 4/9/2015
There are a lot of things that can shake one’s confidence about retirement readiness — but American workers may be their own worst enemies.According to this week’s poll of NAPA Net readers, the most likely culprit behind retirement insecurity is not saving at all, with a close second being not... READ MORE
By Nevin E. Adams, JD | 4/7/2015
Ours is a complex and complicated business — constantly changing and evolving. And yet, there are key fallacies about today’s retirement system — and how it compares with what used to be — that will not go away.Back in the good old days being “covered” by a pension plan meant you would actually get... READ MORE
By Nevin E. Adams, JD | 4/7/2015
The United States Supreme Court recently agreed to hear another ERISA case, this one dealing with the ability of a plan fiduciary to recover an overpayment.The high court granted certiorari in the case of Montanile v. Board of Trustees of the National Elevator Industry Health Benefit Plan to decide... READ MORE
By Nevin E. Adams, JD | 4/6/2015
Seems like every other week there is a survey, or a story about a survey, that purports to chronicle Americans’ confidence (or lack thereof) about their prospects for a financially viable retirement.Those results frequently seem at odds with the financial realities shared by survey respondents, but... READ MORE
By Nevin E. Adams, JD | 4/3/2015
You hear a lot of talk these days about measuring plan health, retirement readiness and plan outcomes. Realizing that each plan can have its own measure of success, in this week’s NAPA Net reader poll we asked how your plan sponsor clients measure plan success — and how that compares with the... READ MORE
By Nevin E. Adams, JD | 4/3/2015
Plans that have, or have been contemplating, automatic enrollment features just got some good news from the Internal Revenue Service.In Rev. Proc. 2015-28, issued April 2, the IRS provided new safe harbor correction methods for errors relating to automatic contribution features, including automatic... READ MORE
By Nevin E. Adams, JD | 3/31/2015
New nonpartisan data has uncovered a major uptick in retirement confidence, as millions of Americans with access to workplace retirement plans finally took advantage of the wide array of resources long available to them.Those tools included the use of online calculators and the help of plan... READ MORE
By Nevin E. Adams, JD | 3/30/2015
Its day in court just days away, Ameriprise Financial, Inc. opted to settle a 2011 lawsuit claiming breach of fiduciary duty in the company’s 401(k) plan for $27.5 million.As noted below, while the case had many of the same issues and factual considerations common in these so-called “excessive” 401... READ MORE
By Nevin E. Adams, JD | 3/30/2015
You hear a lot of talk these days about measuring plan health, retirement readiness and plan outcomes.  A recent plan sponsor survey found that overall participation rate ranked highest among plan measures, and was most commonly measured. Participant outcomes did not fare so well.Realizing that... READ MORE

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