With Supreme Court scrutiny looming, comparator standards could either narrow or widen 401k fee litigation. Plan for both outcomes now.
Tag "Marcia Wagner"
As long as the fiduciary ball remains in the Executive Branch’s court, it’s easy to predict what will happen. That doesn’t mean, however, that we won’t see some surprises coming from the Legislative Branch.
I do not underestimate the ability of the plaintiff’s bar to come up with novel and clever arguments, but for the reasons set forth in the white paper I do not believe that they can construct a viable theory.
Making matters worse is the changing regulatory environment once the new SECURE Act 2.0 rules become effective. The good news is the dust settles after that.
Here the intent is to make it possible for a plan/IRA to apply the QDIA safe harbor to involuntary rollovers. But how will this impact plan participants?
The tangled web of ERISA regulations grows worse each year. Is this too much for companies responsible for maintaining 401k plans?
It’s tempting to turn your attention to your company, some academic theory, or even—hush!—“best practices.” The truth is, as a fiduciary, you only have one job.










Top 401k Stories of Summer 2025: Crypto, Private Equity, Trump IRAs
Such hesitation shifts the spotlight back to fiduciary fundamentals. New rules may widen the menu, but ERISA doesn’t relax the obligation to fully understand and monitor what’s offered.