Topic Archive: Fiduciary Responsibility

Q4 Pension Pontifications

DWC | 12/6/18

All of us here at DWC thrive on the really geeky stuff, and some of the best discussions start with our pontifications about how different topics impact our clients and our industry.  We decided to bring the best of those conversations to you, still with a touch of geekiness but also distilled into easily digested, bite-sized pieces.

This quarter we're taking a look at fraudulent distributions and breaking down what to expect from Washington in the coming months. (Crystal ball not included.)  - As originally published in our Q4 401(k) Q&A Update newsletter

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Plan Sponsors & Fiduciaries: Here's What You Should Be Watching

DWC | 10/11/18

DWC stays on top of what's trending, and our self-proclaimed pension geeks often offer their insights in industry publications. As we transition into the fourth quarter the theme has been, "What Plan Sponsors Need to Know." Get caught up with this month's round up:

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How Plan Sponsors Can be Better Fiduciaries (With or Without the Rule)

DWC | 07/26/18

Whether a company is small or large, chances are it offers employees a 401(k). But this well-intentioned benefit has become target practice for attorneys, with lawsuits against companies ranging from those with $10 million to tens of millions in assets.

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Is Bitcoin a Realistic 401(k) Investment Option?

DWC | 06/12/18


Someone would have to be living under a rock for the last year or so not to have noticed all the talk about Bitcoin and other cryptocurrency.  The values have fluctuated quite a bit, but all the press makes it sound like cryptocurrencies are a great investment that can generate significant returns.

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What You Thought You Knew About Revenue Sharing

Adam C. Pozek | 06/26/12

Ever see the movie Men In Black?  One of my favorite lines is when Tommy Lee Jones says to Will Smith, “Fifteen hundred years ago, everybody knew the Earth was the center of the universe.  Five hundred years ago, everybody knew the Earth was flat; and fifteen minutes ago, you knew that humans were alone on this planet. Imagine what you'll know tomorrow.”

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Are You Kidding? The Fall Will Probably Kill You!

Adam C. Pozek | 03/25/11

My good friend and benefits attorney Ilene Ferenczy sends out an e-newsletter from time-to-time.  The Ferenczy Flash always includes timely, practical information for plan sponsors and service providers.  The edition she sent earlier this week highlights a very important point that often gets lost in the 401(k) shuffle - while all of the fiduciary rules are important, it is failing to comply with the Tax Code that is more likely to land most plan sponsors in hot water.

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Werewolves of Pension

Adam C. Pozek | 03/17/11

I was recently asked to write an article on ERISA Section 404(c).  As I contemplated how to approach the article, I recalled many situations in which I have heard 404(c) pitched as the mythical silver bullet to save plan fiduciaries from the specter of liability associated with participant-directed investments.

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Reasonableness Requirement Is Not New

Adam C. Pozek | 02/24/11

An article appeared yesterday on entitled “New 401(k) Obligations Heaped on CFOs” and it carried a tagline stating “New disclosure rules abound, but pay close attention or you could be sued by plan participants.”

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Weighing In on the 3(21) vs. 3(38) Debate

Adam C. Pozek | 03/10/10

Several weeks ago, I had a lengthy conversation with a prospective client (we’ll call her Alice) and her investment advisor.  After the standard dialogue about fees, service guarantees, etc., the discussion inevitably turned to the retirement plan “F” word – FIDUCIARY.  Alice had read this article and wanted to know if the advisor would be a 3(21) or 3(38) fiduciary.

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In Search of the Elusive Non-ERISA 403(b)

Adam C. Pozek | 02/21/10

Crikey!  We’ve just discovered the rare non-ERISA 403(b) plan meandering along, oblivious to such details as filing Form 5500 or worrying about fiduciary responsibility.  Wait…could it be this harmless creature only offers investments from a single vendor?  Danger! Danger! Danger!

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