News & Analysis as of

Retirement Plan Employee Retirement Income Security Act Third Party Administrators

The Rosenbaum Law Firm Review - May 2017

by Ary Rosenbaum on

Using Your Payroll Provider As Your 401(k) TPA Is A Big Mistake. It's an absolute mistake. Like beating a dead horse, I will again say that it is a bad idea for plan sponsors to hire their payroll provider as their...more

Advisors Advantage - May 2017

by Ary Rosenbaum on

For Retirement Plan Providers, It's All About Relationships. That is what it's about. The retirement plan business is a relationship driven business. It's about connecting with other plan providers and more...more

The problem with pushing other providers

by Ary Rosenbaum on

Many larger third party administration (TPAs) firms, especially those owned by insurance companies are feeling the heat and they’ve been feeling the heat of competition ever since everyone had to fully disclose fees thanks to...more

Advisors Should Care About Plan Design

by Ary Rosenbaum on

In sports and in business, you are only as good as the team that you are on. I have been on some good teams and not so good teams, so I know that sometimes I was only as good as an ERISA attorney if my fellow employees were...more

Advisors Advantage - March 2017

by Ary Rosenbaum on

How You Can Stand Out From The Crowd As A Retirement Plan Advisor. It would be a detriment to focus only on this stuff. There are lots of financial advisors who claim they handle retirement plans, but there are...more

Referrals are about helping, not making you $$$$

by Ary Rosenbaum on

The retirement plan industry is very close knit. Everyone knows who does great work and the few that don’t. Word travels fast about the good, the bad, and the ugly in this business....more

Read the plan document

by Ary Rosenbaum on

Being an ERISA attorney for a couple of third party administration (TPA) firms when I first started helps you develop a sense of humor because there are too many people I was associated with who had absolutely zero training...more

Some TPA Humor

by Ary Rosenbaum on

I worked 9 years working as an ERISA attorney for a couple of third party administrators (TPA) and I always felt like I was a fireman because I put out a lot of compliance fires for our clients and sometimes, it was our...more

The Rosenbaum Law Firm Review - December 2016

by Ary Rosenbaum on

The Potential Liability of Participant Directed 401(k) Plans. There is a liability lurking there. As children, we were told the story of Jack and The Beanstalk. Jack sells a cow for some "magic beans" and his...more

Your Business Can Fall A Lot Quicker That It Rose

by Ary Rosenbaum on

One of the business philosophies I learned while working for third party administrator is that it’s a lot easier to lose a client than to gain one. I know that first hand, seeing bad service that gets plan sponsors to fire...more

Is Your Advisor Knowledgeable About Investments, or Just a 401(k) Wonk?

by Saul Ewing LLP on

I recently had a conversation with Lee Lyon of Lyon Investment Services, based in Jacksonville, Florida. Lee’s office is near downtown Jacksonville in a quaint area of town known as San Marco. Lee advises both...more

Advisors Advantage - December 2016

by Ary Rosenbaum on

A "Crystal Ball" On Life After The New ERISA Fiduciary Rule. We can see the future if we look closely enough. The Department of Labor's (DOL) new fiduciary rule that is going to go in effect in April 2017 is going...more

My opinion on Payroll Provider TPAs

by Ary Rosenbaum on

If there is one opinion that I have that is argued about many times it is my two cents in the use of the largest payroll providers being in the Third Party Administration (TPA) business. Usually, the people who criticize my...more

It’s time to look at your books of business

by Ary Rosenbaum on

Broker-dealers are certainly in a bind to comply with the new Fiduciary Rule and one aspect is sending disclosures to IRAs and qualified plans. This may be a good time for all type of plan providers such as brokers,...more

Advisors Advantage - November 2016

by Ary Rosenbaum on

401(k) Plan Providers' Behavior To Avoid That Loses Clients. Things to avoid. Over the past 18 years as an ERISA attorney, I have some pretty weird reasons why retirement plan providers get fired. I'll never get the...more

Sometimes it’s about control

by Ary Rosenbaum on

As a retirement plan provider, you meet a potential client and you just do so well in the meeting that you think there should be no way that you’re going to lose this prospect. Yet you get the call that a competing provider...more

Who is the biggest 401(k) Recordkeeper and what really matters

by Ary Rosenbaum on

A few weeks back, I wrote an article about 401(k) hustlers you should watch out for and I mentioned the caveat of using a payroll provider as your 401(k)’s third party administrator (TPA). I posted it on LinkedIn and someone...more

The ERISA Litigation Newsletter - September 2016

by Proskauer Rose LLP on

Editor's Overview - This month, we have re-published an interview of our colleague Seth Safra discussing the Department of Labor’s final regulation concerning fiduciaries and conflicts of interest. In this interview,...more

Advisors Advantage - August 2016

by Ary Rosenbaum on

Why 401(k) Plan Providers Should Push Automatic Enrollment. It just makes sense. We have a retirement crisis in this country thanks to a Social Security program that has too many retirees to pay to, and the death...more

The Bottom Line On What Retirement Plan Sponsors Need To Do

by Ary Rosenbaum on

I worked for a third party administrator (TPA) for almost 5 years and one of my favorite things about the boss there was that he just wanted to cut to the chase. We had an actuary who developed a speech im- pediment when he...more

Negotiating Cybersecurity Contractual Protections for Retirement Plans

The ERISA Advisory Council1 recently announced that, as part of its goals for 2016, it will be focusing on cybersecurity issues affecting retirement plans and, in particular, the extent to which such issues relate to...more

Don’t make yourself a target

by Ary Rosenbaum on

Sometimes if you don’t want to be a target, don’t make yourself to be a target. Insperity Inc. a provider of outsourced human resource and business management services to small and midsized businesses has been sued by...more

Don’t Leave Your Level of Comfort

by Ary Rosenbaum on

The law firm I started a few years back is actually more than 15 years old as it was a shell where I could offer legal services on the side while I did my normal day job. It was an experiment on whether I could go out on my...more

Focus on Revenue Sharing

by Ary Rosenbaum on

Everyone has been focused on fees since the implementation of fee disclosure in 2012. It didn’t end retirement plans for everyone, but it put pressure on fees. While the focus on fees have affected those providers that...more

The Rosenbaum Law Firm Review - September 2015 #2

by Ary Rosenbaum on

What Plan Sponsors Don't Know, May Hurt Them. And they don't know a lot. When I worked at a semi-prestigious lawfirm, one of the named partners (whose son was a respectable politician) asked me what my practice...more

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