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Technical competence

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... Read More
BY NAPA Net Staff | 4/7/2015
According to a survey largely comprised of responses from RIAs/IARs, the Department of Labor’s fiduciary proposal wouldn’t be a bad thing — and should be extended to 401(k)... Read More
BY John Carl | 4/7/2015
ERISA consultants at the 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... Read More
BY John Iekel | 4/7/2015
State pension plans are likely to continue affecting state budgets and funding, says Standard & Poors. In a study published March 24 on RatingsDirect, S&P indicated that the strains state... Read More
BY NAPA Net Staff | 4/1/2015
Avoiding litigation should be plan sponsors’ primary goal, but prudent plan drafting goes beyond mere risk avoidance.A new analysis by litigation attorneys at Mayer Brown (registration... Read More
BY Nevin E. Adams, JD | 3/30/2015
A federal district court has dismissed retirement plan participant claims that Fidelity violated ERISA by keeping or improperly using “float income” generated by their plan(s).The ruling... 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... Read More
BY NAPA Net Staff | 3/26/2015
Oregon has joined the growing number states weighing the establishment of a state-run retirement plan to cover private-sector employees. Following a now-familiar formula, Oregon Senate Bill 615... Read More
BY NAPA Net Staff | 3/25/2015
As the Obama administration moves forward with its fiduciary reproposal, a trade organization has published a white paper taking issue with the rationale for making those changes.The Securities... Read More
BY John Iekel | 3/23/2015
It is been said that states are laboratories of democracy. If that is so, then the effort to expand participation in retirement plans is one of the latest subjects of our great experiment in... Read More
BY John Iekel | 3/22/2015
“The reality is, retirement is the new health care. It’s a top-tier issue.” Starting with that observation by NAPA executive director Brian Graff, a spirited discussion... Read More
BY Ray Harmon | 3/19/2015
Securities and Exchange Commission (SEC) Chair Mary Jo White confirmed March 17 that the Commission will “implement a uniform fiduciary duty for broker-dealers and investment advisors where the... Read More
BY Andrew Remo | 3/19/2015
Secretary of Labor Thomas Perez used his first appearances before the 114th Congress this week to deliver a full-throated defense of the DOL’s controversial effort to expand the fiduciary... Read More
BY Fred Barstein | 3/18/2015
Advisors are now clearly in the crosshairs of Employee Benefit Security Administration (EBSA) enforcement personnel, according to the Groom Law Group. A recent article by the Washington, DC-... Read More
BY John Carl | 3/17/2015
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... Read More
BY NAPA Net Staff | 3/17/2015
ERISA attorney Fred Reish has some thoughts on what he calls “the hottest ERISA issue of 2015.”In a recent blog post, he acknowledges that is the DOL’s proposal to expand the... Read More
BY Alisa Wolking | 3/16/2015
As the White House promotes the Department of Labor’s reproposal of the fiduciary rule, Sen. Elizabeth Warren (D-Mass.) took the opportunity March 12 to criticize “brokers on Wall Street... Read More
BY Nevin E. Adams, JD | 3/12/2015
A trio of New Jersey lawmakers has sponsored legislation that would create individual retirement accounts for employees of firms in the state with at least 25 workers who lack access to an employer-... Read More
BY NAPA Net Staff | 3/12/2015
In coming years, more than half of workers and retirees in terminated multiemployer plans will face a reduction in benefits under current Pension Benefit Guaranty Corporation (PBGC) guarantees if... Read More
BY NAPA Net Staff | 3/12/2015
A group of eight Republican senators, including the Chairmen of the Senate Finance Committee and the Senate Committee on Health, Education, Labor & Pensions (HELP), have expressed their concerns... Read More
BY Fred Barstein | 3/11/2015
Despite conventional wisdom that institutions like pension funds and endowments have moved to passive investing more aggressively than individuals, the opposite appears to be true. As reported... Read More
BY Nevin E. Adams, JD | 3/11/2015
Floridians who take loans against their retirement plans have to pay a state tax on those distributions. But the Florida House of Representatives is considering a bill that could affect that tax... Read More
BY Nevin E. Adams, JD | 3/10/2015
A growing number of retirement plan participants — and retirement plan assets — are being invested in the default option selected for the plan.The existence of default funds isn’t... Read More
BY John Iekel | 3/9/2015
Identical bills before both chambers of the Iowa legislature would end state taxation of pensions and other forms of retirement income — but only through 2020. HF 280 and SF 277 would... Read More
It’s simple: Being a great fiduciary is a lot like being a great decision-maker. What matters most to the DOL and the courts is that a fiduciary is able to show the details of the decision-... Read More