News & Analysis as of

Retirement 401k Investment

Ary Rosenbaum - The Rosenbaum Law Firm P.C.

Overpaying for Underperformance: A Fiduciary Breakdown in Plain Sight

A massive new study by Abernathy-Daley covering nearly 58,000 corporate 401(k) plans delivered a simple—but startling—message: virtually every plan suffers from overpriced, underperforming funds. In fact, 99% of plans have at...more

Ary Rosenbaum - The Rosenbaum Law Firm P.C.

Workplace Retirement Plans: Participation Is Up, But So Is Financial Stress

Retirement plan participation is up, but don’t pop the champagne just yet. According to Morgan Stanley at Work’s just-released State of the Workplace Report, while more employees are enrolling in their 401(k) plans, many are...more

Ary Rosenbaum - The Rosenbaum Law Firm P.C.

The 3 Cs: Why 401(k) Plan Sponsors Can’t Afford to Be Cheap, Controlling, and Clueless

After close to 30 years in this business—wearing the hats of TPA employee, ERISA attorney, plan document drafter, and occasional therapist to frantic plan sponsors—I’ve seen it all. The horror stories, the lawsuits, the...more

Ary Rosenbaum - The Rosenbaum Law Firm P.C.

The problem with stock market volatility

I have experienced several bear markets as an ERISA attorney, and it’s never easy, especially with the current volatility due to tariffs....more

Ary Rosenbaum - The Rosenbaum Law Firm P.C.

The Intangibles You Need To Succeed In The 401(k) Business

The most disappointing part of going to law school was the lack of practicality. Sure, it helps you think like a lawyer and teach you the basics of the law, it never helped with becoming a successful lawyer or how to draw a...more

Ary Rosenbaum - The Rosenbaum Law Firm P.C.

Schwab Self-Direct 401(k) plans gain 13.6% in 2024

The average Self-Directed Brokerage Account (SDBA) 401(k) balance at Charles Schwab finished the fourth quarter of 2024 at $352,605, up by 13.6% since 2023, according to Charles Schwab’s latest SDBA Indicators Report....more

Ary Rosenbaum - The Rosenbaum Law Firm P.C.

Another market correction is a pause for concern

I’ve been in the retirement plan business for 26 years and I’ve been through a few recessions in that time. There was the dot-bomb implosion, added by 9/11. Let us not forget when our entire financial system was on the verge...more

Ary Rosenbaum - The Rosenbaum Law Firm P.C.

Managed Accounts have room to grow

Sponsors of 401(k) plans are increasingly recognizing the need to provide personalized investment options for their participants; however, access to managed accounts still remains limited....more

Ary Rosenbaum - The Rosenbaum Law Firm P.C.

You can’t sell Betamax in a VHS World

A plan provider once asked me if I had written a comprehensive article on why trustee-directed 401(k) plans are superior to participant-directed plans. Although I believe in this argument, I haven’t actually written such an...more

Ary Rosenbaum - The Rosenbaum Law Firm P.C.

The thing about too much choice in 401(k) plans

In life, choice is usually a good thing. However, when it comes to daily valued 401(k) plans, too many choices aren’t a good thing. It sounds counter-intuitive, but too many choices offered to plan participants is usually a...more

Ary Rosenbaum - The Rosenbaum Law Firm P.C.

That 401(k) National Virtual entertains

That 401(k) National Virtual Conference had its 5th edition on January 30-31. Over 110 people signed up for a free event with over 8 hours pf programming....more

Ary Rosenbaum - The Rosenbaum Law Firm P.C.

Get 401(k) Plan Providers That Will “Hold” Your Hand

When we were younger, we needed all the help we could get. We needed that guiding light to show us the difference between right and wrong, and to learn about life. That could have been a parent, a grandparent, or an older...more

Ary Rosenbaum - The Rosenbaum Law Firm P.C.

People like their 401(k)s

According to new research published by the Investment Company Institute (ICI), Americans like their retirement plans. ICI’s research report “American Views on Defined Contribution Plan Saving, 2024” finds that almost 75% of...more

Ary Rosenbaum - The Rosenbaum Law Firm P.C.

Got A Great 401(k) Idea? Here’s A Few Tips

I ’ve been in the retirement plan business for over 26 years. I’ve heard a lot of great 401(k) product pitches and a lot of bad 401(k) pitches. Even the greatest ideas can fail, because of circumstances and budget. If the...more

Groom Law Group, Chartered

This Week From the Hill (February 9 – February 15, 2025)

Each week while Congress is in session, our Policy team delivers a key update to highlight a topical benefits, health, or retirement news item from the Hill, such as a newly introduced bill, a summary of a committee hearing,...more

Faegre Drinker Biddle & Reath LLP

SEC 2025 Examination Priorities: Retirees and Rollovers

The SEC’s Division of Examinations issued its 2025 Exam Priorities a few months ago. 2025-exam-priorities.pdf Many articles have been written about those priorities, but none—at least that I have seen—have addressed the focus...more

White and Williams LLP

The 12 Days of Year-End Estate Planning

White and Williams LLP on

As the end of 2024 draws near, it’s a great time to review your finances and prepare for a prosperous new year. Whether you’re cozying up by the fire or decorating with family, a little year-end financial planning can help...more

Proskauer - Employee Benefits & Executive...

TRICK-or-TREAT? DOL Proposes Spooky New “Retirement Security Rule” That Would Expand the Scope of Fiduciary “Investment Advice”

Responding to the “terrifying” reality that conflicted investment advice is costing retirement savers billions of dollars each year, on October 31, 2023, the Department of Labor (“DOL”) issued proposed rules representing its...more

McDermott Will & Schulte

Proposed Legislation Would Allow 403(B) Plans to Invest in Lower-cost Collective Investment Trusts

A new bill introduced in Congress would allow 403(b) plans maintained by tax-exempt organizations to make use of collective investment trust (CIT) investments—an alternative to mutual funds that may provide significant cost...more

Ary Rosenbaum - The Rosenbaum Law Firm P.C.

SeaWorld Litigation will continue

A class action lawsuit brought by former SeaWorld employees that alleged participants in the SWBG LLC 401(k) plan were harmed will continue. The former employees’ arguments sustained the fiduciary breach of the duty of...more

Ary Rosenbaum - The Rosenbaum Law Firm P.C.

Balances were down

The stock market went down in 2022, so no surprise, so did 401(k) account balances. According to Vanguard’s 22nd annual “How America Saves” study, the average 401(k) balance was $112,572 at the end of 2022 — a 20% drop...more

Ary Rosenbaum - The Rosenbaum Law Firm P.C.

Time to replace bad decision makers

I was an associate at a semi-prestigious law firm. I asked the 401(k) trustees to look at our plan. One trustee was the human resources director and the other one was a law firm partner. ...more

Cooley LLP

Blog: What You Need to Know About ERISA and Accepting Capital Commitments from “Benefit Plan” Investors

Cooley LLP on

ERISA is a U.S. federal statute which regulates, among other things, the management and investment of assets of employee benefit plans (such as U.S. pension plans, 401(k) plans and their related trusts). Importantly, ERISA’s...more

Proskauer - Employee Benefits & Executive...

District Court Dismisses 401(k) Plan Investment Claims Against Chevron Fiduciaries

A federal district court in California granted defendants’ motion to dismiss claims asserted by Chevron 401(k) plan participants that the plan fiduciaries breached their ERISA fiduciary duties by selecting underperforming...more

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