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Nevin E. Adams, JD

By Nevin E. Adams, JD | 1/12/2024
The Internal Revenue Service (IRS) has issued initial guidance to help employers with implementation of pension-linked emergency savings accounts (PLESAs). Authorized under the SECURE 2.0 Act of 2022, PLESAs are individual accounts in defined contribution (DC) plans—designed to permit and... READ MORE
By Nevin E. Adams, JD | 1/9/2024
Two headlines on NAPA Net caught my eye this past weekend—provocative “what if” type questions. I’m talking about “Will Retirement Income Solutions Finally Break Through in 2024?” and “Will Managed Accounts (Finally) Take Hold as QDIAs?” Both, of course, included the word “finally” in the title(s... READ MORE
By Nevin E. Adams, JD | 1/9/2024
“If this is the law, then that would be news to Congress and the regulatory agencies, which have declared for decades that forfeitures can be used in this manner,” says a motion to dismiss a lawsuit alleging a fiduciary breach in offsetting employer contributions with forfeitures.  The motion to... READ MORE
By Nevin E. Adams, JD | 1/8/2024
A federal judge has reviewed—and approved—an excessive fee settlement agreement, albeit with some modifications. The participant-plaintiffs in this case are Salvador Aquino, Susan Ford, Monicalayle Garcia, Barbara Kraus, Martha Lopez, Francisco Martinez, Megan Sargent[i]—bringing suit on behalf of... READ MORE
By Nevin E. Adams, JD | 1/5/2024
Well, here we are again at the end of yet another workweek …and even though 2024 is barely underway…well, just look at what happened to these guys and gals… In Edmond, Oklahoma, Oakley is alive and well today…thanks to the actions of Binx…a cat…who saved Oakley, a dog from…well, you’re not going... READ MORE
By Nevin E. Adams, JD | 1/2/2024
There is a “common wisdom” in our business that suggests that all plan sponsors are, more or less, alike; that large plans are the inevitable early adopters of trends that, sooner or later, trickle down to plans of all sizes. Consequently, those who make their living trying to discern trends and... READ MORE
By Nevin E. Adams, JD | 1/2/2024
A number of lawsuits have recently been filed regarding the alleged misuse of forfeitures—but just a couple of months ago a plan was sued—and lost—a case brought by the Labor Department for not following the plan document’s forfeiture provisions. According to the Labor Department, on Dec. 27, 2017... READ MORE
By Nevin E. Adams, JD | 12/29/2023
Well, here we are again at the end of yet another workweek …and another year—and yet, there’s (still) no shortage of…well, just look at what happened to these guys and gals… In Boston, Massachusetts, things got a little too real in a live nativity scene here…with certain parties taking it on the “... READ MORE
By Nevin E. Adams, JD | 12/28/2023
A billion-dollar plan has come to terms—cash and non-monetary terms—with participant-plaintiffs represented by Capozzi Adler that had made claims the plan paid $77 per participant, when plans of similar sizes were paying as little as $25 per participant. The suit had been filed against Advance... READ MORE
By Nevin E. Adams, JD | 12/26/2023
A brand new year awaits us – and with the New Year comes an opportunity to assess and reassess – for some when, resolutions for the cessation of bad behaviors and the beginning of better ones are in vogue. Here are some for plan fiduciaries for 2024 – that could benefit plan outcomes for years to... READ MORE
By Nevin E. Adams, JD | 12/21/2023
Well, here we are again at the end of yet another—albeit shortened—workweek…and yet, there’s (still) no shortage of…well, just look at what happened to these guys and gals… The Worst National Park Reviews of the Year, including classics like “There was nothing to do, I didn’t see a bear, and that... READ MORE
By Nevin E. Adams, JD | 12/19/2023
“You better watch out, you better not cry, you better not pout…” Those are, of course, the opening lyrics to that holiday classic, “Santa Claus is Coming to Town.” And while the tune is jaunty enough, the message—that there’s some kind of elfin “eye in the sky” keeping tabs on us—has always struck... READ MORE
By Nevin E. Adams, JD | 12/19/2023
A new suit claims that the interest rates paid on Merrill Edge retirement accounts have lagged market trends and fallen short of the “reasonable” rates they claim to provide. The suit was brought by one Margaret McCrary, who has filed a class action suit for breach of contract on behalf of herself... READ MORE
By Nevin E. Adams, JD | 12/18/2023
Fiduciary defendants have moved to dismiss (with prejudice) a 401(k) suit that alleged a fiduciary breach in the use of forfeitures to offset company contributions saying, among other things, that the participant-plaintiff suffered no injury—and thus, had no standing to sue. At a high level, the... READ MORE
By Nevin E. Adams, JD | 12/18/2023
The Labor Department says a federal judge mis-instructed the jury on the burden of proof in an excessive fee suit—and wants them to get another hearing. The suit against Yale University was one of the first to be filed in this area—and by Schlichter Bogard & Denton LLP (now just Schlichter... READ MORE
By Nevin E. Adams, JD | 12/15/2023
Well, here we are again at the end of yet another workweek …and yet, there’s (still) no shortage of…well, just look at what happened to these guys and gals… In Rose Hill, Kansas, we bring to you…the Griswold House. And yes, we have pictures (100,000 lights)…  Your visual guide to wrapping oddly... READ MORE
By Nevin E. Adams, JD | 12/14/2023
Fiduciaries of a relatively small 401(k) plan have fended off an excessive fee suit with a federal judge finding no “meaningful benchmark” against which to assess a fiduciary violation. The Suit The suit—filed in August 2022—had alleged that the $285 million 401(k) plan of Greenwood Village,... READ MORE
By Nevin E. Adams, JD | 12/12/2023
My wife and I are in the process of moving to a new home—and it occurs to me that the process of changing homes is a lot like changing recordkeepers. Here’s how. Know What You’re Looking For We’ve made about a half dozen moves during our 37-year marriage—all driven by work, anchored by commuting... READ MORE
By Nevin E. Adams, JD | 12/11/2023
After years of hard-fought litigation, the parties in an excessive fee suit have come to terms—including cash and “other non-monetary relief.” Participant-plaintiffs Jillyn Peterson, Gabe Hare, Robert Heynen, and Adam Krajewski—on behalf of the ISO[i] 401(k) Savings and Employee Stock Ownership... READ MORE
By Nevin E. Adams, JD | 12/8/2023
Well, here we are again at the end of yet another workweek …and yet, there’s (still) no shortage of…well, just look at what happened to these guys and gals… In White Bear Lake, Minnesota, Kelly Witter has been getting some unexpected packages from Target…a LOT of unexpected packages from Target… a... READ MORE

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