liability
Potential Payroll Errors In Roth Catch Up Mandate Expose Fiduciaries To Hidden Risk
Roth catch up mandate failures are already happening. They are not isolated. They are not rare. And they are not being caught as quickly as fiduciaries might expect. These breakdowns are occurring inside payroll systems that appear to be working. They are flowing through recordkeeping platforms that continue to process contributions without interruption. On the […] Read Full Article
Is 401k 3(38) Delegation A Real Risk Transfer Or A Fiduciary Illusion?
That is the line committees cannot afford to miss. They cannot interfere, but they also cannot ignore. Those two verbs define the narrow lane that fiduciaries must stay in if they want delegation to work as intended.
If Participants Don’t Understand It, Should It Be In Your 401k Plan?
Fiduciaries can follow every step of a prudent process and still end up with outcomes they did not anticipate. That’s not how fiduciary risk is supposed to work. Or at least, not how it used to work.
401k Designated Investment Alternatives Demand Fiduciary Discipline
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.
How Cunningham v. Cornell Exposes the Illusion of 401k Plan Fiduciary Compliance
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.
Lack of Consequences for Small Employers with Poor 401k Plans
In many small employer 401k plans, those pressures combine with poor vendor selection, weak oversight, and minimal participant education to create environments where employees pay more and get less.
401k And The Expansion of Corporate Paternalism
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.
Should The 401k Fiduciary Use Risk Tolerance or Risk Capacity?
Risk capacity anchors 401k advice in hard data—income stability, net worth, liquidity, and retirement timeline. Unlike tolerance, which shifts with market moods, capacity reflects what participants can afford to lose, aligning with ERISA’s fiduciary duties.
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