401k
Is 401k 3(38) Delegation A Real Risk Transfer Or A Fiduciary Illusion?
That is the line committees cannot afford to miss. They cannot interfere, but they also cannot ignore. Those two verbs define the narrow lane that fiduciaries must stay in if they want delegation to work as intended.
If Participants Don’t Understand It, Should It Be In Your 401k Plan?
Fiduciaries can follow every step of a prudent process and still end up with outcomes they did not anticipate. That’s not how fiduciary risk is supposed to work. Or at least, not how it used to work.
Saver’s Match Fiduciary Risk Is The Next 401k Fiduciary Trap
Once the regulatory gaps are acknowledged, the issue quickly shifts from theory to action. Plan sponsors are not just waiting for guidance. They are being forced to decide whether to engage with the Saver’s Match at all.
401k Designated Investment Alternatives Demand Fiduciary Discipline
Private equity inside a daily-valued, participant-directed plan introduces structural tension. Illiquid assets must coexist with participant liquidity expectations. Valuations must be estimated where markets do not exist. And governance must bridge that gap without introducing bias or delay.
401k Fiduciary Rule Limbo Exposes Plan Sponsor Risk
The 401k Fiduciary Rule limbo is here. The regulation is gone. The risk is not. With the formal vacating of the 2024 “Retirement Security Rule” effective April 20, 2026, plan sponsors are once again operating without clear regulatory direction. The expected replacement rule has not yet arrived. Committees are left navigating a familiar but uncomfortable […] Read Full Article
Meaningful Benchmark Fight Reaches Supreme Court as Private Equity Push Expands 401k Risk
Private equity investments raise a second layer of fiduciary difficulty because they are not simply harder to compare. They are also harder to value, harder to redeem, and harder to explain to participants who may assume daily-priced plan options operate under familiar public-market rules.
Forfeiture Lawsuits Raise New Governance Risks for 401k Plan Sponsors
Ongoing forfeiture lawsuits involving major plans are reshaping how courts evaluate fiduciary oversight. Sponsors who rely on routine processes may discover that governance gaps create legal exposure for committees and financial harm for participants.
How Cunningham v. Cornell Exposes the Illusion of 401k Plan Fiduciary Compliance
Cunningham v. Cornell is testing whether traditional 401k fiduciary compliance truly protects plan sponsors. Courts and regulators are probing governance gaps, personal liability, and participant harm more aggressively than ever.
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