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Recent 403(b) Litigation |
Recent months have seen a wave of new litigation, against several large 403(b) plans maintained by prominent private universities. The lawsuits, which claim breaches of fiduciary duties under ERISA, are in some respects similar to 401(k) fee litigation cases. However, other aspects of these suits are relatively novel, as they appear to not only challenge the fundamental nature of 403(b) plans.
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DOL's Final Rule on Disability Benefits |
Although rarely a high-profile item, there is no question that long-term disability cases are the most frequently litigated Employee Retirement Income Security Act claims. While excessive fee litigation against 401(k) plans and stock-drop cases garner headlines, a study of ERISA cases filed between 2006 and 2010 concluded that those involving long-term disability benefits accounted for 64.5% of benefits litigation.
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Aggregating a Client's Assets |
I work for a broker/dealer (B/D) firm that is affiliated with a registered investment adviser. The firm provides brokerage services to both non-retirement and retirement investor accounts such as IRAs and ERISA accounts. The fee is asset-based, and breakpoints are used to determine the fee (with an incrementally reduced fee charged as asset value exceeds certain prescribed amounts). Can all accounts be aggregated so the investor will get the benefit of a reduced fee?
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Leveraging Provider Resources |
Retirement plan advisers who strive to develop proprietary tools may very well be overlooking a wealth of resources available from their many providers. Wells Fargo National Sales Manager for Defined Contribution Ron Cohen, based in Boston, has an important warning for advisers seeking to do just that.
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Passing the Torch |
While retirement plan advisers are gifted at planning for participants’ futures, they do a notoriously poor job of planning for their own—a situation that Jeremy Holly, senior vice president at LPL Financial in San Diego, finds supremely ironic. Many wait until they are close to retirement age before thinking about a succession plan for their practice, he says.
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