SEC Marketing Rule Insights By Seth Gadreau and Stephen Wilkes With the U.S. Securities and Exchange Commission (“SEC”) November 4, 2022, date for full compliance with its “Marketing Rule” (found here) approaching, firms need to be working towards updating their...
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White Paper: Proposed Changes to Prohibited Transaction Exemption Procedures
By: Stephen P. Wilkes, Partner; Mark Greenstein, Of Counsel DOL PROPOSES TOUGHER PROHIBITED TRANSACTION EXEMPTION PROCEDURES LAW The Employee Retirement Income Security Act of 1974, as amended (“ERISA”), was enacted in part to protect the retirement savings of...
Disclosure to Welfare Plan Participants: A Fiduciary Duty
View Printable PDF Introduction When ERISA was enacted in 1974, its primary focus was on employee pension plans, which is understandable since its enactment was a response to highly publicized pension plan failures, such as the failure of the Studebaker Pension Plan....
Fiduciary Implications Of Flexible Retirement Income Solutions With Fiduciary Checklist and Q&A
View Printable PDF Executive Summary Although comprehensive retirement income solutions may be top of mind, partial solutions used on their own, or in combination with other retirement income investment solutions, can efficiently target specific goals while...
Tactical Asset Allocation & ERISA Plans: Best Practices for Finding the Right Strategy for Plan Participants
View Printable PDF I. Introduction – Plan Fiduciaries and Tactical Asset Allocation Looking for ways to stabilize returns and manage downside risk, plan sponsor and investment advisor interest in Tactical Asset Allocation (“TAA”) strategies has increased. This was...
Separating Fact from Fiction: The Potential Risks and Rewards of Hiring 3(16) Fiduciaries
Separating Fact from Fiction: The Potential Risks and Rewards of Hiring 3(16) Fiduciaries, Sentinel Benefits & Financial Group, April 29, 2013
Broader “Fiduciary” Definition: Legal Update
Broader “Fiduciary” Definition: Legal Update, byallaccounts, February 2013
A Plan Sponsor’s Fiduciary Calling to Improve the Retirement Readiness of Plan Participants
View Printable PDF Executive Summary Plan sponsors and other fiduciaries have good reason to help plan participants with their retirement readiness. The U.S. Department of Labor’s “404a-5 Regulations” impose an implied duty on plan sponsors to promote the financial...
What Trustees in Bankruptcy Need to Know About Pension Plans
View Printable PDF On September 18, 2013, PenChecks Trust hosted “What Trustees in Bankruptcy Need to Know About Pension Plans,” an online seminar as part of its 2013 Expert Series. The session featured leading ERISA attorney Marcia Wagner, Esq., Managing Director,...
Through the ERISA Lens: Principles of DC Fund Selection
View Printable PDF Introduction Mutual funds (“Funds”) have become popular investment vehicles for 401(k) plans and other types of retirement plans (collectively, “Plans”) that give participants (“Participants”) the responsibility for making investment allocation...