Things I Worry About (27): Pooled Employer Plans and DOL RFI (8)
Key Takeaways The DOL has issued guidance about PEPs—pooled employer plans—that includes questions designed to assist the DOL in developing future guidance about PEPs. Some of those questions suggest that the DOL is concerned about conflicts of interest in the organization and management of PEPs. This article continues a discussion of the questions asked by […]
Things I Worry About (26): Pooled Employer Plans and DOL RFI (7)
Key Takeaways The DOL has issued guidance about PEPs—pooled employer plans—that includes questions designed to assist the DOL in developing future guidance about PEPs. Some of those questions suggest a possible fiduciary safe harbor for small employers who adopt PEPs. This article continues a discussion of the questions asked by the DOL and my comments […]
Things I Worry About (25): Pooled Employer Plans and DOL RFI (6)
Key Takeaways The DOL has issued guidance about PEPs—pooled employer plans—that includes questions designed to assist the DOL in developing future guidance about PEPs. Some of those questions suggest a possible fiduciary safe harbor for small employers who adopt PEPs. This article begins a discussion of the questions asked by the DOL and my comments […]
Things I Worry About (21): Pooled Employer Plans and DOL RFI (2)
Key Takeaways The DOL has issued guidance about PEPs—pooled employer plans—that provides tips for adopting employers and questions about PEPs and a possible fiduciary safe harbor for small employers who adopt PEPs. In addition, the preamble to the guidance includes some interesting information about the development of PEPs. That information includes data about the successes […]
Things I Worry About (10): FINRA Enforcement and Senior Investors (2)
Key Takeaways FINRA’s 2025 Annual Regulatory Oversight Report 2025-annual-regulatory-oversight-report.pdf included a focus on issues related to retirees and senior investors. The Report provides guidance to broker-dealers about the priorities of FINRA in its regulation, supervision and enforcement programs for broker-dealers. In other words, it is one of FINRA’s ways of telling the regulated community that […]
Things I Worry About (9): FINRA Enforcement and Senior Investors (1)
Key Takeaways FINRA’s 2024 Annual Regulatory Oversight Report 2024 FINRA Annual Regulatory Oversight Report | FINRA.org included a focus on issues related to retirees and senior investors. The Report provides guidance to broker-dealers about the priorities of FINRA in its regulation, supervision and enforcement programs for broker-dealers. In other words, it is one of FINRA’s […]
The New Fiduciary Rule (26): Changes to PTE 2020-02 (1): Affecting the Advisor
In November 2023, the U.S. Department of Labor released its package of proposed changes to the regulation defining fiduciary advice and to the exemptions for conflicts and compensation for investment recommendations to retirement plans, participants (including rollovers), and IRAs (including transfers). On March 8, 2024, the DOL sent the final rule to the Office of […]
The New Fiduciary Rule (25): Robo Advice and Robo Conflicts
In November 2023, the U.S. Department of Labor released its package of proposed changes to the regulation defining fiduciary advice and to the exemptions for conflicts and compensation for investment recommendations to retirement plans, participants (including rollovers), and IRAs (including transfers). On March 8, 2024, the DOL sent the final rule to the Office of […]
The New Fiduciary Rule (24): The DOL Fiduciary Rule Requires a Recommendation. What is That?
In November 2023, the U.S. Department of Labor released its package of proposed changes to the regulation defining fiduciary advice and to the exemptions for conflicts and compensation for investment recommendations to retirement plans, participants (including rollovers), and IRAs (including transfers). On March 8, 2024, the DOL sent the final rule to the Office of […]
The New Fiduciary Rule (17): Permissible Compensation under PTE 84-24
The U.S. Department of Labor has released its package of proposed changes to the regulation defining fiduciary advice and to the exemptions for conflicts and compensation for investment recommendations to retirement plans, participants (including rollovers), and IRAs. Key Takeaways ERISA’s fiduciary and prohibited transaction rules require consideration of costs and compensation when fiduciary recommendations are […]