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Posts in Fiduciary Advice
Plan Committee Turnover Creates Risks

Plan committee turnover increases the likelihood of inadvertent errors. Inexperienced committee members may not make the best decisions. What can plan sponsors do?

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Carol Buckmann Contributes to Bloomberg Article on SECURE 2.0 and Plan Leakage

SECURE 2.0 directs the Department of Labor to establish a national participant lost & found database. While this is step forward in trying to unite former participants with their benefits, Carol explains why plan fiduciaries won’t be able to rely completely on this new tool.

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What to Keep on Your Radar and Some Predictions for 2023

There were many important developments affecting plan sponsors and benefits professionals in 2022, and there is reason to expect more in 2023. Here is what to keep on your radar.

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Is Cryptocurrency Too Risky for 401(k) Plans? The Controversy Continues

Several new developments mean that the debate over whether cryptocurrency belongs in retirement plans isn’t going away.

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In the News-Pensions & Investments Quotes Carol Buckmann on Supreme Court Decision

A recent Supreme Court decision on agency powers could affect Department of Labor guidance. Carol Buckmann explains the possible impact in this article.

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More Pushback Against CAR 2022-01: ForUsAll’s Suit Against the Department of Labor

The pushback against the DOL’s position on cryptocurrency investments intensifies as a lawsuit is filed by ForUsAll to invalidate the DOL guidance. Has the DOL exceeded its statutory authority?

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Arbitration of ERISA Claims Under the Microscope-Where are the Courts and Congress Headed?

We still have no final word from the courts on the enforceability of ERISA mandatory arbitration provisions, but plan sponsors can increase the chances that their mandatory arbitration policies will be upheld by reviewing the reasoning in recent cases. That’s assuming that Congress doesn’t act.

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Industry Groups Push Back-Why the DOL Should Partner with Stakeholders to Revise Its Cryptocurrency Guidance

Cryptocurrency is here to stay. There are many different types of cryptocurrency and cryptocurrency-related investments and they have different risk profiles. Regardless of whether you think cyptocurrency belongs in 401(k) plans, it is in everyone’s interest for the DOL to clarify its new guidance and for there to be an improved process for issuing further guidance. Stakeholders can help the DOL understand more about the market and how it is evolving.

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Private Equity and 401(k) Plans-Do They Belong Together?

Does private equity belong in 401(k) plans? The Department of Labor has issued new guidance cautioning fiduciaries about the risks. Carol Buckmann discusses the issues in this article for Investment News.

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