ERISA Suit Dismissal Shows How Claims Can Fall Short

The district court accepted a magistrate judge's recommendation and dismissed the case based on the plaintiffs' failure to state an actionable claim regarding the retirement plan fees they pay. In recommending the complaint's dismissal, the presiding magistrate judge notes that the lead plaintiffs have invested in just two out of roughly 25 plan offerings in dispute. Despite this, the judge notes, the plaintiffs seek relief for "all losses resulting from Adidas's breaches of fiduciary duty," including losses for plans they did not personally invest in.

Source: Planadviser.com, December 2021

Nominee to Lead EBSA Advances in Senate

The nominee to lead the Employee Benefits Security Administration has moved one step closer to being confirmed. Lisa Gomez, who was nominated in July to serve as Assistant Secretary for EBSA at the Department of Labor, was approved Dec. 2 by the Senate Health, Education, Labor, and Pensions Committee on a near party-line vote of 12-10.

Source: Ntsa-net.org, December 2021

IRS Revamps 403b Preapproved Program

Rev. Proc. 2021-37 overhauls the IRS opinion letter program for preapproved Internal Revenue Code Section 403b retirement plans, simplifying the program's structure and aligning it with the program for Section 401(a) qualified plans.

Source: Mercer.com, December 2021

Insurance Agents Busted for 403b Fraud

Non-ERISA 403b plans are still one of the stains of the retirement plan business because, without ERISA protection, they put participants at risk for high fees and fraud. In such a case, insurance agents Robert Andrew Lotter and Charles Albert Major were charged with securities fraud violations after allegedly defrauding California school system employees with high-risk investments.

Source: Jdsupra.com, December 2021

IRS Expects 403b Plan Sponsors to Collect Information About Employees' Outside Employment

In a recent "Issue Snapshot" about how the annual limit on retirement plan contributions under Section 415(c) of the Internal Revenue Code applies to 403b plans, the IRS revealed that it expects 403b plan sponsors to maintain procedures to inform employees about Section 415(c)'s special aggregation rule for 403b plans and to collect information from employees about outside employment and retirement plan contributions.

Source: Verrill-law.com, December 2021

DOL Guidance on Cybersecurity: A Cautionary Note for Plan Sponsors

The DOL's cybersecurity best practices for plans covered by ERISA makes it clear that plan sponsors, service providers, and participants share responsibility for protecting plan accounts. The adoption and implementation of ERISA cybersecurity policies and procedures will be your best defense against fiduciary litigation and DOL investigations, which are certain to arise in the wake of the DOL's guidance. Here are some tips.

Source: Troutman.com, December 2021

A Compendium of Findings About the Retirement Outlook of U.S. Workers

Since 1998, Transamerica Center for Retirement Studies has conducted this national survey of U.S. business employers and workers regarding their attitudes toward retirement. The overall goals for the study are to illuminate emerging trends, promote awareness, and help educate the public. It has grown to be one of the longest-running and largest national surveys of its kind. This document is 320-pages.

Source: Transamericainstitute.org, December 2021

CITs, Retirement Income Products and ESG Investing Poised for Growth

As registered investment adviser aggregator firms continue to acquire smaller players in the defined contribution space, investment managers are starting to take notice of their growing influence in deciding DC plan investments, a recent study suggests. There has been a shift in distribution dynamics as many RIA firms look to centralize their investment analysis and research.

Source: Plansponsor.com, December 2021

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