Fiduciary Governance

ERISA’s standards and requirements for plan fiduciaries constitute one of the core elements of the retirement plan industry. This station houses posts about those standards and requirements, from litigation to best practices. It is also where you’ll find coverage of the DOL’s rebranded “conflict of interest” rule, formerly known as the definition of fiduciary proposal.




Fiduciary Governance

Fiduciary Governance

By NAPA Net Staff5/6/2015 • 0 Comments

Though it sometimes seems that there are an infinite number of ways in which you can run afoul of fiduciary responsibilities, there are some relatively simple steps that could substantially minimize employers’ fiduciary risk. READ MORE

By Fred Barstein5/5/2015 • 0 Comments

UCLA Professor Shlomo Benartzi argues in a recent Harvard Business Review article that how we present information digitally has a dramatic impact on investors, and could affect the fiduciary landscape for plan sponsors. READ MORE

By NAPA Net Staff4/15/2015 • 0 Comments

The Investment Company Institute says that research relied upon by the Obama administration in supporting its push for an expansion of the “conflicted advice” rule released April 14 is “fatally flawed,” and that the claim that retirement savers pay “billions of dollars a year” in excess costs “does not stand up to the facts.” READ MORE

By NAPA Net Staff4/7/2015 • 0 Comments

According to a survey largely comprised of responses from RIAs/IARs, the Department of Labor’s fiduciary proposal wouldn’t be a bad thing — and should be extended to 401(k) rollovers. READ MORE

By Mike Bushnell3/25/2015 • 0 Comments

As the Obama administration moves forward with its fiduciary reproposal, a trade organization has published a white paper taking issue with the rationale for making those changes. READ MORE

By John Iekel3/22/2015 • 0 Comments

"The reality is, retirement is the new health care. It’s a top-tier issue.” Starting with that observation by NAPA executive director Brian Graff, a spirited discussion of the proposed fiduciary   or “no advice”  rule highlighted the opening session of the NAPA 401(k) Summit March 22.


By NAPA Net Staff3/17/2015 • 0 Comments

ERISA attorney Fred Reish has some thoughts on what he calls “the hottest ERISA issue of 2015. READ MORE

By NAPA Net Staff3/12/2015 • 0 Comments

A group of eight Republican senators, including the HELP Committee chairman, have expressed their concerns about the potential negative consequences for American workers if the Labor Department’s fiduciary reproposal hasn’t changed significantly from the 2010 version. READ MORE

By Don Trone, Mary Lou Wattman, Steve Branham3/6/2015 • 0 Comments

It’s simple: Being a great fiduciary is a lot like being a great decision-maker. Here are seven ways that show whether you meet that mark or not. READ MORE

By NAPA Net Staff3/5/2015 • 0 Comments

The Labor Department has repeatedly claimed to be consulting with the Securities and Exchange Commission on its fiduciary reproposal — but a couple of key House Republicans would like to see some proof. READ MORE

By Mike Bushnell3/4/2015 • 0 Comments

Plan trustees who also serve as fiduciaries tend to make the same kinds of mistakes. Writing in the most recent issue of NAPA Net the Magazine, Steff Chalk offers some suggestions to help sponsors and fiduciaries avoid potentially damaging errors. READ MORE

By NAPA Net Staff2/24/2015 • 0 Comments

As the Obama administration unveils its fiduciary rule reproposal, NAPA Executive Director Brian Graff has warned that the regulations could have serious and negative consequences. READ MORE

By Nevin Adams2/23/2015 • 0 Comments

Today President Obama, as expected, will throw his support behind the Department of Labor’s controversial fiduciary rule reproposal — but the details of the proposal remain elusive.


By Nevin Adams2/23/2015 • 0 Comments

Exceptions should not be the rule, at least not when it comes to the Department of Labor’s fiduciary regulation reproposal, according to a new white paper from the U.S. Chamber of Commerce. READ MORE

By Nevin Adams2/21/2015 • 0 Comments

The Department of Labor’s much-anticipated fiduciary reproposal drew intense criticism Feb. 20 from SEC Commissioner Daniel M. Gallagher.


By Nevin Adams2/10/2015 • 0 Comments

If the Senate Committee on Homeland Security and Government Affairs has its way, the Department of Labor has some ‘splaining to do on its fiduciary regulation reproposal. READ MORE

By John Iekel1/30/2015 • 0 Comments

The draft White House memo about the DOL's pending fiduciary definition proposal continues to engender negative reaction. Tim Pawlenty, CEO of the Financial Services Roundtable, weighed in on Jan. 28.


By Andrew Remo1/21/2015 • 0 Comments

Still hoping that the latest iteration of the fiduciary rule proposal would preserve a broad seller’s exemption for the small retirement plan market or allow retirement plan advisors to continue to offer rollover advice to participants? Better think again. READ MORE

By Nevin Adams1/20/2015 • 0 Comments

Rumor has it that the Department of Labor’s fiduciary reproposal will resurface shortly, and that the president may even offer it support in the State of the Union Address. READ MORE

By Fred Barstein11/10/2014 • 0 Comments

In an effort to gain more revenue and control over a plan, some advisors have taken to creating their own investments and recommending themselves or charging more as a 3(38) fiduciary. But according to a letter by EBSA’s Phyllis Borzi obtained by The Wall Street Journal, that practice may violate fiduciary rules under ERISA, especially in light of pending regulations on the matter. READ MORE

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