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.
Tag "Richard Bavetz"
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.
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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.
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.
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.
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.
The calendar flipped to 2026, and with it came a fresh crop of 401k new year opportunities. Will this be the year 403(b) plans finally shed legacy costs, SECURE 2.0 provisions hit their stride, and markets remind participants that risk never really sleeps?
Viewed through that lens, a 401k Christmas wish list isn’t just about outcomes, but about predictability. A stable rulebook can make it easier to design, monitor, and maintain plans that work in practice as well as on paper.
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.