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Financial Adviser 401k

Proskauer - Employee Benefits & Executive...

Eleventh Circuit Reiterates that Burden of Proving Loss Causation Stays with Plaintiffs

The Eleventh Circuit Court of Appeals recently affirmed a district court’s grant of summary judgment in favor of the fiduciaries of the Home Depot 401(k) plan, who defended against claims that they breached their fiduciary...more

Proskauer - Employee Benefits & Executive...

California District Court Denies Motion to Dismiss 401(k) Excessive Fee and Underperformance Claims

A California district court recently denied a motion to dismiss claims that the fiduciaries of a 401(k) plan breached their ERISA fiduciary duties of prudence and loyalty by selecting underperforming, high-cost investments...more

Williams Mullen

PODCAST: Williams Mullen's Benefits Companion - Auto-Portability: A New Way to Keep Retirement Savings Growing

Williams Mullen on

On this episode of Williams Mullen's Benefits Companion, host Brydon DeWitt is joined by Beryl Ball, principal financial advisor at CAPTRUST, who offers insight on the new retirement plan auto-portability system....more

Harris Beach PLLC

Estate Planning: Eight Steps to Take Now

Harris Beach PLLC on

Many think estate planning is only a concern for those who are later in their stage of life or wealthy. They put it off for years, or entirely. Estate planning is for everyone and essential to maintain financial security...more

Husch Blackwell LLP

Anatomy of an ESOP

Husch Blackwell LLP on

ESOPs can pay fair market value for the stock: Stock purchased by an ESOP must be appraised by an independent third party expert working with a trustee for the ESOP who must also be independent from the seller. The ESOP is...more

Kohrman Jackson & Krantz LLP

What the SECURE 2.0 Act Means for Your Retirement Savings

At the very end of 2022, President Biden signed the $1.7 trillion omnibus spending package which includes the SECURE 2.0 Act. SECURE 2.0 builds on The Setting Every Community Up for Retirement Enhancement (SECURE) Act of 2019...more

Ary Rosenbaum - The Rosenbaum Law Firm P.C.

Advisors Advantage - May 2022

Recent Changes That Plan Providers May Not Like - On Curb Your Enthusiasm, Ed Asner was a guest star, playing an elderly man who wanted to change his will. Based on a recommendation by Larry David, Ed’s character visited the...more

Ary Rosenbaum - The Rosenbaum Law Firm P.C.

ERISA Attorneys have to provide real value

10 years in, I’m glad I went on my own as an ERISA attorney, so I could provide value to clients, instead of being wedded to a billable hour because of a huge overhead working for a law firm....more

Ary Rosenbaum - The Rosenbaum Law Firm P.C.

Don’t hire relatives as plan providers

I have some simple rules to live by. I never bet on the Mets, eat at a place called Mom’s, play cards with a guy named Doc, or do business with family....more

Verrill

Do you understand your Investment Policy Statement?

Verrill on

The Acme Rocket Sled Company Retirement Plan Administration Committee recently selected a new investment advisor for the company’s 401(k) plan. During the RFP process, the new advisor observed that the Investment Policy...more

Ary Rosenbaum - The Rosenbaum Law Firm P.C.

Hire an advisor when you get an employee

I’m still amazed when I find participant-directed 401(k) plans without a financial advisor. While I understand how solo 401(k) plans don’t have an advisor because individuals think they can do it on their own, it makes no...more

Ary Rosenbaum - The Rosenbaum Law Firm P.C.

Self-Directed Brokerage Account were also up for 2020 Q4

It’s a known fact that I don’t care for self-directed brokerage accounts in 401(k) plans, but I won’t act as a censor for good news....more

Ary Rosenbaum - The Rosenbaum Law Firm P.C.

Never give up

If you start a retirement plan provider practice, it can be frustrating. Like I always say about things in my life, “If it wasn’t a struggle, it wasn’t any fun”. Building a retirement plan practice isn’t easy because a stash...more

Ary Rosenbaum - The Rosenbaum Law Firm P.C.

Let them remember you for the right reasons

As you know, Congressman Jamie Raskin (D-MD) was booked for That 401(k) National Virtual Conference. As you also may know, Congressman Raskin was the Associate Dean at American University Washington College of Law when I...more

Ary Rosenbaum - The Rosenbaum Law Firm P.C.

The Rosenbaum Law Firm Review - November 2020 #2

Stuff That Won’t Help A Retirement Plan Sponsor Limit Their Liability - A seat belt in a car is useless if the driver or passenger isn’t wearing it. A smoke detector is useless if the batteries are dead. Vitamin C won’t...more

Ary Rosenbaum - The Rosenbaum Law Firm P.C.

Sorry is so easy to say

I once referred a 401(k) plan to an advisor. He did a terrible job and there were issues regarding his ability to do the work. Making a lousy referral is even worse than doing poor work of your own because at least you had...more

Ary Rosenbaum - The Rosenbaum Law Firm P.C.

All you need is just a little patience

I always talk about my open-door policy with financial advisors and third party advisors where I will help these plan providers out without me actively seeking their business. I kind of have that liberty because it’s my law...more

Best Best & Krieger LLP

Tips On Selecting a Retirement Plan Adviser When You Can’t Meet Them in Person

Over the past several months, we have seen a number of public agency clients struggle through the process of evaluating and selecting a retirement plan adviser based only on generic questionnaires, a few phone calls, and an...more

Ary Rosenbaum - The Rosenbaum Law Firm P.C.

Avoid the No-Win Situation

Captain Kirk didn’t believe in the no-win situation, he learned the hard way in Star Trek II: Wrath of Khan. There are certain situations as a plan provider where a client relationship puts you in a no-win situation...more

Ary Rosenbaum - The Rosenbaum Law Firm P.C.

At least pretend you care

In terms of customer service, I don’t think there is anyone worse than my home school district. The Oceanside school district has a Board of Education with more members with kids on school district payroll than with members...more

Ary Rosenbaum - The Rosenbaum Law Firm P.C.

Clearly retirement plan providers aren’t doing enough

According to the J.D. Power 2020 U.S. Retirement Plan Participant Satisfaction Study, most plan providers aren’t helping participants in the participants’ eyes....more

Ary Rosenbaum - The Rosenbaum Law Firm P.C.

When you need a VCP application, make sure you cover all the errors

The Internal Revenue Service (IRS) Voluntary Compliance Program (VCP) is one of the best methods for retirement plan sponsors to come clean and cost-effectively fix their plan errors, rather than getting hammered with...more

Ary Rosenbaum - The Rosenbaum Law Firm P.C.

They may not like answer, but it is, what it is

When it comes to my law practice, I have an open phone call policy. I entertain phone calls from financial advisors and TPAs around the country and try to help them by answering questions regarding their current clients or...more

Ary Rosenbaum - The Rosenbaum Law Firm P.C.

You need a financial advisor

I am still how often I find participant-directed 401(k) plans without a financial advisor. While I understand how solo 401(k) plans don’t have an advisor because individuals think they can do it on their own. I have a solo...more

Ary Rosenbaum - The Rosenbaum Law Firm P.C.

Experience can mean a lot of things

I always talk about how plan sponsors need to work with experienced financial advisors, third party administration (TPA) firms, and ERISA attorneys on their plan needs. Like with reasonable fees, I believe that the term...more

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