Selecting a very conservative benchmark is generally permissible under retirement law.
A contract may not protect advisers to the extent they believe.
What small-plan advisers can do to minimize fiduciary liability risk.
Advisers need to be aware of all possible defenses available to them for alleged breach of fiduciary duty.
A recent district court decision has implications for how retirement plan sponsors should monitor their adviser.
Developments in the excessive-fee lawsuit highlight the duty to monitor investments and the duty of a prudent trustee to be cost-conscious.
An order aimed at reducing regulation and controlling regulatory costs could sow confusion over issues such as executive compensation and the fate of planned rules affecting employer retirement plans.
Copycat lawsuits targeting 403(b) plans, as well as litigation probing a fiduciary's duty to monitor investments, the DOL fiduciary rule, church retirement plans and cybersecurity issues are likely to crop up this year.
Given the political, procedural and business dynamics at play, it would be imprudent to cease or even slow down compliance efforts.
