Legal and Approved Investments May Still Result in Fiduciary Liability
Plan funds and assets don’t have to be invested in an illegal manner in order for an investment to count as imprudent and a breach of a plan sponsor’s fiduciary duty to plan participants. Even…
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Hidden Fees Can Make Plan Investments Imprudent
As a fiduciary, you may do everything by the book in choosing what to invest plan assets in. The investment may be safe, provide proper amounts of returns and not be overly risky. But there’s…
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Excessive Fee Suits Against Plan Fiduciaries Becoming More Popular
An increasing number of 401(k) sponsors and providers of retirement products are seeing lawsuits against them alleging, among other things, excessive plan fees in violation of ERISA and therefore, a breach of the plan fiduciary’s fiduciary duty….
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The Fiduciary Duty to Only Pay Reasonable Fees from ERISA Plan Assets
Plan sponsors may not realize this, but one of their numerous fiduciary duties is that they have a fiduciary duty to only pay reasonable and necessary fees from plan assets. The reason for this is that while…
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Small Retirement Plans Seeing Increasing Fiduciary Breach Lawsuits
An excessive fee suit against a retirement plan holding $9 million in assets for 114 participants is being seen as the dawning of a new era in retirement plan fiduciary breach lawsuits. The suit, Damberg…
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Plan Fiduciaries Must Make “Prudent” Investments to Avoid Liability
Employee benefit plan fiduciaries have an obligation to make prudent investments to avoid a breach of fiduciary duty. Fiduciaries are personally liable for those damages the imprudent investments caused to plan participants. This is one of the…
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Plan Fiduciaries Must Evaluate Plan Fees
Plan fiduciaries have a lot of obstacles to avoid during plan administration to avoid fiduciary breaches, but the most common breach of fiduciary duty is for a plan that has unreasonable fees and expenses. This…
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The Pension Professional Dashboard by Colonial Surety
Did you know that there is a way for a third party administrator to manage all of their clients’ ERISA fidelity bonding needs, view renewal history, limit adjustments and much more? And that it is…
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What do the DOL and IRS Look for When Investigating Your Plan?
Investigation and audit from the U.S. Department of Labor and the IRS, respectively, are possibilities that all TPAs need to be prepared for and ready to handle. These investigations can lead to plan liability or…
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