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Tag "Due Diligence"

How Recent Shift to Bonds Increases 401k Fiduciary Liability

Diversification does not protect the investor when the entire asset class sinks. A recent study from Hewitt Associates suggests events may be placing plan fiduciaries in a historically precarious position.

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Broker or Registered Investment Adviser? What’s Best for the ERISA/401k Fiduciary?

Here’s an issue that can perplex even the most experienced ERISA/401k fiduciary: What’s the difference between a broker and a Registered Investment Adviser? More importantly, does the difference significantly raise the fiduciary liability for the typical fiduciary?

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How to Construct an Appropriate Investment Policy Statement in 9 Easy Steps

A written Investment Policy Statement can act as the cornerstone to regulatory and legal compliance. With this written IPS, the fiduciary has documented the justification of the appropriateness of the institution’s mission and investment objectives. From this, the fiduciary can better evaluate and monitor the institutional fund’s investment performance. Finally, the written IPS may act as a safeguard to reduce fiduciary liability.

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5 Rules for the Fiduciary Seeking to Avoid the Next Madoff

We don’t need more regulation to prevent future Madoffs, we just need common sense (and, perhaps, a tad bit more enforcement of existing regulations). Here are five straightforward rules fiduciaries can follow to avoid their own personal investment Waterloo.

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5 Things the Fiduciary Might Not Know About the 401k Plan Investment Policy Statement

Does creating an Investment Policy Statement (IPS) reduce fiduciary liability or augment it? Though there’s no clear agreement on this matter, the DOL has long maintained it has greater concern for processes than outcomes. Benefits attorneys often view memorializing the process through an IPS and documenting its successful implementation as the surest way to reduce fiduciary liability.

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5 Critical Components of a Plan Diagnostic Test

Conducting a periodic plan diagnostic test is often seen as an easy way for the typical 401k fiduciary to reduce fiduciary liability. An ERISA plan trustee or fiduciary will usually hire an independent fiduciary consultant to conduct a comprehensive plan fiduciary diagnostic test. Here are five critical areas to consider.

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The 7 Most Critical Action Steps 401k Fiduciaries Must Address Right Now

Are you a 401k fiduciary looking for ways to reduce your personal fiduciary liability? The US Department of Labor doesn’t expect the ERISA fiduciary to always produce favorable outcomes for retirement plan beneficiaries. Rather, the DOL expects the 401k fiduciary to carefully document and prudently execute all aspects of the retirement plan. Here are seven critical action steps.

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5 Important Duties of Every ERISA Fiduciary

An employee places much trust in an Employee Retirement Income Security Act (ERISA) fiduciary. Because they have the responsibility to act on behalf of retirement plan beneficiaries, plan fiduciaries are held to certain standards of conduct by the United States Department of Labor.

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