News & Analysis as of

Benefit Plan Sponsors Fee Disclosure Retirement Plan

Ary Rosenbaum - The Rosenbaum Law Firm P.C.

In Praise Of Fee Disclosure

People who didn’t sponsor a plan or weren’t involved in the retirement plan industry before 2012, think some 401(k) industry veterans like myself, are part of some multiverse when we talk about life before fee disclosure. The...more

Ary Rosenbaum - The Rosenbaum Law Firm P.C.

401(k) Averages Book Shows More Fee Compression

Since 2012 with fee disclosure regulations, we have seen 401(k) fee compression and the latest 401(k) Averages Book shows that it’s continuing....more

Ary Rosenbaum - The Rosenbaum Law Firm P.C.

Focusing on fees, blinds you

For the past 9 1/2 years, fee disclosure has certainly helped you as a plan sponsor to finally understand the true cost of plan administration. That’s important because you have a fiduciary duty to only pay reasonable plan...more

Ary Rosenbaum - The Rosenbaum Law Firm P.C.

401(k) fees are still sliding

The beauty of fee disclosure regulations and technological breakthroughs is that 401(k) fees have been sliding. Even 9 years after the promulgations of the fee disclosure regulations, it’s still sliding....more

Ary Rosenbaum - The Rosenbaum Law Firm P.C.

Well, it used to be worse

When I was younger, I was a pessimist. Everything to me, like a bad grade in Civil Procedure I was the end of the world and I realized eventually, that it wasn’t. I learned optimism is easier to manage than pessimism....more

Ary Rosenbaum - The Rosenbaum Law Firm P.C.

TPAs need clear contracts

As an ERISA attorney, my retainer agreements are pretty straight and clear. Governed by the laws that govern attorney behavior, I have no choice. Yet, Third Party Administrators (TPAs) don’t have guidelines to live by. ...more

Faegre Drinker Biddle & Reath LLP

Fee Disclosure Rules Will Soon Apply to Group Health Plans

Buried in the year-end Consolidated Appropriations Act (CAA) is a provision that requires group health plan brokers and consultants to make comprehensive fee disclosures similar to those that apply to retirement plans. As...more

Ary Rosenbaum - The Rosenbaum Law Firm P.C.

Being too long a provider can be bad too

Being a long time plan provider for a client can be a good thing and it can be a bad thing. While having a long time base of clients is great for business and indicative of client satisfaction, it can be a bad thing too....more

Ary Rosenbaum - The Rosenbaum Law Firm P.C.

Participants more attentive thanks to fee disclosure

When fee disclosure regulations came into being by the Department of Labor (DOL) in 2012, so many detractors of it said it would cause plan sponsors to terminate their plans and there would be a race to zero in fees. The...more

Ary Rosenbaum - The Rosenbaum Law Firm P.C.

ERISA litigators are always at the cutting edge

While every large 401(k) plan is a target for a class-action lawsuit over costs, I believe the years of litigation and fee disclosure regulations will exhaust the number of class-action lawsuits, as well as courts taking a...more

Ary Rosenbaum - The Rosenbaum Law Firm P.C.

There is nothing wrong with criticism

When I was at law school at American University Washington College of Law, I was the Executive Editor of The American Jurist, which was the student newsmagazine for my final year of law school. I wasn’t a particularly fond...more

Ary Rosenbaum - The Rosenbaum Law Firm P.C.

The eventual effect of COVID-19 on this business

When fee disclosure regulations were promulgated in 2012, you could see the changes a mile away. While some chicken littles thought the sky was falling, I knew it would lead to a more competitive marketplace and there would...more

Ary Rosenbaum - The Rosenbaum Law Firm P.C.

MassMutual considering selling its retirement plan business

According to a report from Reuters, Massachusetts Mutual Life Insurance Company (MassMutual) is exploring a sale of its retirement services division, which has about $175 billion of assets under management and administration....more

Ary Rosenbaum - The Rosenbaum Law Firm P.C.

DOL Finalizes Electronic Notice Safe Harbor

The Department of Labor (DOL) has finally issued final regulations providing a new “notice and access” safe harbor for retirement plans to furnish required disclosures by email or other electronic ways to plan participants...more

Ary Rosenbaum - The Rosenbaum Law Firm P.C.

There is room for everyone

When fee disclosure regulations were implemented, there were a few industry chicken littles that suggested that the disclosures would be a race to zero and only the cheapest providers would win out. History has proven that...more

Ary Rosenbaum - The Rosenbaum Law Firm P.C.

When you focus only on fees, you lose sight of everything else

For the past 7 years, fee disclosure has certainly helped you as a plan sponsor to finally understand the true cost of plan administration. That’s important because you have a fiduciary duty to only pay reasonable plan...more

Ary Rosenbaum - The Rosenbaum Law Firm P.C.

Plan providers and the beauty of a direct fee

For my first year of law school, I had a renowned criminal law professor. He had a penchant for ties and an odd love for Melrose Place (I was a Dallas guy myself). For his final law exam, the fact pattern for the final exam...more

Poyner Spruill LLP

The End (of the Year) is Nigh - Time to Prepare

Poyner Spruill LLP on

Yet again, the end of the year is rapidly approaching! To avoid costly penalties that can arise from inadvertent errors in the year-end crush, plan sponsors should begin talking with their service providers now about what...more

Ary Rosenbaum - The Rosenbaum Law Firm P.C.

A plan sponsor shouldn’t pay more than they need to

When I was 13 and I had my Bar Mitzvah, I plunked down about $2,000 in 1985 money for a state of the art Apple IIe with a monochrome monitor. One of the first pieces of software I bought was that top desktop publishing...more

Ary Rosenbaum - The Rosenbaum Law Firm P.C.

Clearing up my views on producing TPAs

A few weeks back, I published a blog post on some third-party administrators (TPAs) are not really in the administration business but are in the business of selling insurance and assets. So I used some examples from my past...more

Ary Rosenbaum - The Rosenbaum Law Firm P.C.

The profound change in the end was good

If you go and read through the marketplace news on 401khelpcenter.com, you see something recurring that was unfathomable 10-15 years ago,. You have an insurance company offering an open architecture platform....more

Ary Rosenbaum - The Rosenbaum Law Firm P.C.

Dear Plan Sponsors, it’s about Reasonableness

Thanks to fee disclosure regulation and litigation against plan sponsors, plan sponsors are focusing on the costs of administering their plan. That’s great, but there’s a problem because of the focus. A study recently shows...more

Ary Rosenbaum - The Rosenbaum Law Firm P.C.

Furnish those documents to Plan Participants or Pay Through The Nose

Plan sponsors should understand that under ERISA, plan participants are entitled to certain disclosures and documents. We should all know that a participant is entitled to the summary plan description, summary annual report,...more

Ary Rosenbaum - The Rosenbaum Law Firm P.C.

Will ERISA litigators live long enough to become the villains?

Everyone knows I love movies and the memorable lines that come from them. I’ma a big fan of The Dark Knight and the line uttered by Aaron Eckhart as Harvey Dent: You either die a hero or you live long enough to see yourself...more

McDermott Will & Emery

Proposed Changes to Form 5500 Reporting Requirements May Have Significant Impact on Retirement Plan Sponsors

On July 11, 2016, the Department of Labor (DOL), Internal Revenue Service (IRS) and Pension Benefit Guaranty Corporation (PBGC) announced a proposal to implement sweeping changes to the forms and regulations that govern...more

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