Fiduciary litigation did not let up in 2025, and 2026 is seeing even more refined theories targeting 401k plans. Plan sponsors must look beyond procedural checklists to avoid the top governance pitfalls that trigger personal liability and erode participant savings.
Tag "Michelle Capezza"
Could Employer Matching On Trump Accounts Become The Next Fiduciary Recruiting Perk (And Liability)?
With contributions via employer programs not beginning until July 4, 2026 (IRS Notice 2025-68), sponsors who move quickly have a compressed window to design, test, and communicate the benefit. That compression creates both opportunity and risk.
When participants assume alignment without verification, problems remain hidden until they are too large to ignore. Misalignment doesn’t announce itself—it compounds quietly, year after year.
The broader plan-design conversation, including “Beyond Auto-Mania,” shows a shift from simple auto-features to guided, retirement-readiness approaches. That trajectory supports treating embedded income as part of a holistic, user-friendly design rather than a fringe option.
Seasoned advisors caution plan sponsors not to confuse delegation with disappearance. Every fiduciary duty can be shared. None can be erased.
The key is embedding quantitative prompts inside onboarding experiences so participants perceive personalization while fiduciaries collect the data they actually need.
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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.
Plan sponsors are more likely to stay with—and recommend—a provider that demonstrates a clear commitment to safeguarding accounts against evolving threats.
What The $955 Retirement Savings Headline Gets Wrong (And Why Fiduciaries Should Care)
The $955 retirement savings headline sparked national alarm, but fiduciaries must look beyond shock value to understand what the data truly reveals and how to respond.