TPA court ruling spotlights fiduciary violation
Benefit brokers and advisers could face legal scrutiny if they fail to disclose indirect compensation and are advised to vet TPA contracts more carefully.
Benefit brokers and advisers could face legal scrutiny if they fail to disclose indirect compensation and are advised to vet TPA contracts more carefully.
In this multi-part series, advisers share how the transition from retirement to healthcare changed their client strategies.
The pandemic-driven migration out of big cities could lead to more missing participants, and going forward, more small, stranded retirement accounts.
This does not mean that plan sponsors and committee members cannot insist on getting non-conflicted fiduciary advice; it just makes their job harder.
Plan sponsors and advisers: “It is important to realize that three or four years from now, what is done today will be examined, and it needs to be done with a good standard of care and mitigation of conflicts of interest.”
Plan sponsors and advisers: “It is important to realize that three or four years from now, what is done today will be examined, and it needs to be done with a good standard of care and mitigation of conflicts of interest.”
This does not mean that plan sponsors and committee members cannot insist on getting non-conflicted fiduciary advice; it just makes their job harder.
Brokers are in a legal quandary: Many of them will still be fiduciaries under the 1975 Rule, but the third-party compensation they received will no longer be permitted.
It is widely anticipated that the March 15 ruling will soon take effect, restoring the DOL’s 1975 regulation defining fiduciary investment advice to plan and IRA investors.
The temporary ban will remain in place until the SEC posts its final fiduciary rules.
Agents will not pursue any actions against investment advice fiduciaries who are working diligently and in good faith to comply with impartial conduct standards.
With the rescue attempt's failure, all eyes now turn to the SEC which is considering its own proposal for raising financial advisor standards of conduct.
The regulator's proposal is set to remake compliance standards for brokers and advisors.
With a recent uptick in 401(k) related lawsuits, employers should take concrete steps to help participants while giving their company the fullest extent of protection possible against potential litigation.
The regulator's proposal is set to remake compliance standards for brokers and advisors.
With a recent uptick in 401(k) related lawsuits, employers should take concrete steps to help participants while giving their company the fullest extent of protection possible against potential litigation.
New rules would set standards of conduct for brokers, require new disclosures and offer interpretive guidance for fiduciary advisors.
New rules recognize the fact that commission-based transaction services can be the most cost effective way for Main Street investors to receive financial advice.
Regardless of the regulation’s future, employers need to ensure they’re passing costs on to plan participants that are reasonable in light of the services provided.
Regardless of the regulation’s future, employers need to ensure they’re passing costs on to plan participants that are reasonable in light of the services provided.