Due Diligence

Will SECURE 3.0 Juice Up CITs, Or Just Pour Old Wine In A New Bottle?

Picture your 401k plan sponsor sipping coffee, smugly nodding at their CIT lineup—those low-fee darlings have been strutting their stuff in Defined Contribution land for years. So why all the buzz about SECURE 3.0 and CITs? If 401k already has them, what’s Congress cooking up now? Is this a game-changer or just legislative déjà vu? […] Read Full Article

The Fiduciary How (And Why) 401k Plan Sponsors Change Recordkeepers

The central role of the recordkeeper can create reverberations with other providers should the plan sponsor attempt to change recordkeepers. Any hiccup in the employees’ ability to manage their retirement assets can cause problems for plan sponsors.

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Investment Menu Basics for 401k Plan Sponsors Seeking To Reduce Their Fiduciary Liability

If plan sponsors are working with the appropriate plan fiduciary, then an ongoing review of the fund’s performance, fees, and underlying risk should be part of their ongoing process

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The American Airlines ESG Fiduciary Case Exposed The Problem With Mandated Proxy Voting (And More)

Herein lies the potential for a direct conflict of interest. This applies generally to all proxy voting in commingled portfolios.

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Does The American Airlines ESG Fiduciary Case Suggest The End Of Active Management?

Since actively managed funds have lagged index funds, does this case put their continued use in ERISA plans at risk?

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Should The American Airlines ESG Fiduciary Case Be Dismissed?

On the face of it, American Airlines seemed to follow its documented process. So, what did the company do wrong?

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401k Plan Sponsors Must Be Wary Of Fiduciary Liability Associated With Bitcoin ETFs

Plan sponsors need to think about it in these terms: Does it make sense to have a pork-belly ETF on a 401k investment menu? How about orange futures?

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The Dirty Secret About Collective Investment Trusts They Don’t Tell You

CITs can only be offered within the confines of a trust relationship. That means the plan itself might be structurally different than one that has an investment menu limited to mutual funds.

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