401(k) Roundtable

Today's episode came by request from several listeners, so thank you for that! The topic is retirement plan fees. My guest is Jim Scheinberg, Managing Partner of North Pier Search Consulting and North Pier Fiduciary Management. We started off with some basics on fees, then get into some of the tricker considerations such as how do you charge fees to plan participants, per head or pro-rata, how do you account for proprietary products when evaluating fees, whether institutional share classes are really the best choice and much more. We also left some things on the table as we ran out of time, so please send me your feedback and questions to [email protected] and I will get that worked into a part two with Jim. Also, the timing of that will be based on your feedback, the more we get, the sooner he will be back!

Also, if you have been enjoying the the podcast, next time you are on your favorite podcast app please leave us a rating or review. Those go a long way to help more people find the podcast and to help our show continue to grow.

That's it, I hope you enjoy my conversation with Jim!

Guest Bio

Born and raised in the North Suburbs of Chicago, Jim Scheinberg came to Southern California in 1987 to pursue his B.A. in Political Science at University of California, Los Angeles. He achieved the Certified Investment Management Analyst (CIMA®) designation in 2001 from The Investment Management Consultants Association (IMCA®) in conjunction with the Wharton School of Business of the University of Pennsylvania. He is a published author, a frequently quoted resource to journalists, a regular speaker at industry conferences, and guest on finance podcasts. Jim also regularly serves as a consulting expert for U.S. government regulatory agencies and as an expert witness for ERISA litigation. He is also a member of the Chancellor's Cabinet of UCLA, sitting on the Board of Visitors of the Political Science Department. Jim passionately serves as a Court Appointed Special Advocate (CASA) for foster care youth in the Los Angeles County Children's Court system.

Jim began his career in venture capital in 1990 moving to general securities with Smith Barney Harris Upham in 1992. He joined Oppenheimer & Co., Inc. in 1994 as an Associate in the Oppenheimer Consulting Group, the firm's institutional investment management consulting department, where he worked with institutional fiduciary clients. In 2001, Jim founded what would become the Corporate Services Group of Oppenheimer Co., Inc. (CSG), where he eventually held the position of Director and Senior Vice President. CSG was an industry pioneer in providing conflict-free, fee-only investment consulting and fiduciary advocacy for institutional, participant-directed plan sponsors. In 2008, Jim and key members of CSG founded North Pier.

Member of the Board of Visitors of the UCLA Political Science Department Member of the Sharpe Fellows Selection Committee of the UCLA Economics Department Member of Investment Management Consultants Association (IMCA) Court Appointed Special Advocate for the Los Angeles County Children's Court

401(k) Fridays Podcast Overview

Struggling with a fiduciary issue, looking for strategies to improve employee retirement outcomes or curious about the impact of current events on your retirement plan? We've had conversations with retirement industry leaders to address these and other relevant topics! You can easily explore over 200 prior on-demand audio interviews here. Don't forget to subscribe as we release a new episode each Friday!

When it comes to M&A activity in the retirement service provider ecosystem, there has been a lot of activity to say the least. This is something my guest, Dick Darian, the CEO of Wise Rhino Group saw coming and has been actively involved in. During our conversation we hit on a few recent headline grabbing announcements, how the traditional lines between traditional service provider roles continue to blur and the argument for how all of this M&A activity benefits employers, their retirement plans and participants. Dick also shares his thoughts on one of my observations that the M&A trends seem to be moving in the opposite direction of the litigation trends. Good stuff.

If you liked what you heard today, check out my prior conversation with Dick back in February of 2019. In the coming weeks on the podcast we have thoughts on how the upcoming election could impact retirement plans, you might have seen a few headlines about that, we will tackle stable value funds in this low interest rate environment.

Finally, if you are want to have a little fun while listening, my microphone died while recording this episode, see if you can tell when I had to switch things out. That's it, I hope you enjoy my conversation with Dick!

Guest Bio

Dick Darian is a Partner at Wise Rhino Group. He lives in Charleston SC with his wife Mary and various four-legged friends. He enjoys spending time with family above all, especially his granddaughters Poppy, Parker, and Lottie!

Since relocating from the New York area in 2017, he has begun working with The College of Charleston assisting with classes within the business school's entrepreneurial program.

Dick's interests beyond family and business include traveling, reading, sports, and music.

Hometown: San Diego, CA

Education: University of Arizona

Top 5 Albums of all time: Pink Floyd – Dark Side of The Moon Beatles – Sgt. Peppers Lonely Hearts Club Band Black Sabbath – Paranoid Bob Dylan – Blood on the Tracks The Feelies – Crazy Rhythms

Musical artist you would most like to have a meal with (alive or dead):Frank Sinatra

Song Lyric that best describes you:Though you might hear laughing, spinning, swinging Madly across the Sun It's not aimed at anyone It's just escaping on the run And but for the sky there are no fences facing -"Mr. Tambourine Man" – Bob Dylan

Musical Artist you would most like to see perform (alive or dead): James Brown

401(k) Fridays Podcast Overview

Struggling with a fiduciary issue, looking for strategies to improve employee retirement outcomes or curious about the impact of current events on your retirement plan? We've had conversations with retirement industry leaders to address these and other relevant topics! You can easily explore over 200 prior on-demand audio interviews here. Don't forget to subscribe as we release a new episode each Friday!

Tis the season for talk about elections and boy do we have that today. To lend some muscle to the conversation I have Nevin Adams with the American Retirement Association. We start at the top of the ticket as they say and discuss how who sits in the White House could impact retirement policy going forward, we hit on what that would mean to the priorities and focus of various government agencies, then we move to congress as a whole and hit on how influential races and committee leadership roles influence things. Finally, as we recorded this prior to the passing of Supreme Court Justice Ruth Bader Ginsburg, we have some written bonus content from Nevin you can find in the podcast notes in your podcast app about how a new Supreme Court justice could impact workplace retirement plans litigation. Check that out when you have a chance.

While you are there, if you have been enjoying the podcast please leave a review or comment. That goes a long way to help more people find the podcast, continue to grow our audience and help me bring you great content and guests like Nevin.

Bonus Question: Could a new Supreme Court Justice impact retirement litigation now or in the future?

Bonus Answer: Unlike many issues that come before the court, there don't seem to be the same kind of partisan splits in retirement issue outcomes. In fact, the most recent case - the Intel decision that set the "actual knowledge" standard for participant awareness of disclosures was UNANIMOUS.

The bottom line is that while every new justice brings a different experience and perspective to issues, but the impact of RBG's replacement is more likely to impact the legislative balance than it is the leaning of the Supreme Court.

That's it, I hope you enjoy our conversation!

Guest Bio

Nevin E. Adams, JD, is Chief of Content Officer for the American Retirement Association, where he is responsible for all marketing and communications for the organization, as well as its sister organizations, ASPPA, the American Society of Pension Professionals and Actuaries, the National Association of Plan Advisors (NAPA), the ASPPA College of Pension Actuaries (ACOPA), and the National Tax Sheltered Accounts Association (NTSA).

Previously he was the Employee Benefit Research Institute's Director of Education and External Relations, Co-Director of EBRI's Center for Research on Retirement Income and Director of the American Savings Education Council, and prior to that spent a dozen years as Global Editor-in-Chief of PLANSPONSOR magazine and PLANSPONSOR.com, as well as PLANADVISER and PLANSPONSOR Europe magazines. He was the originator, creator, writer and publisher of PLANSPONSOR.com's NewsDash. He began his retirement services career at Northern Trust in Chicago, where he later served in a variety of management roles, culminating in the development of a proprietary recordkeeping platform, and at Wachovia Bank, leading their defined contribution/recordkeeping businesses.

He has been honored three times by the National Association of Government Defined Contribution Administrators (NAGDCA) with their Media Recognition Award (in 2002, 2004 and 2013), and has regularly been noted as one of the Most Influential People in Defined Contribution by the 401kWire. He graduated summa cum laude with a BS in Finance from DePaul University in Chicago, Illinois and after a number of years working with retirement plans, also received his JD from DePaul University.

401(k) Fridays Podcast Overview

Struggling with a fiduciary issue, looking for strategies to improve employee retirement outcomes or curious about the impact of current events on your retirement plan? We've had conversations with retirement industry leaders to address these and other relevant topics! You can easily explore over 200 prior on-demand audio interviews here. Don't forget to subscribe as we release a new episode each Friday!

A few months ago, Vanguard made a significant announcement about the future of their recordkeeping business. To be honest, there was a lot of confusion and questions about the rationale, details and what the future holds for them. To address those and many more questions I am excited to have Dean Edwards, a Principal and Head of Institutional Strategy and Market Leadership with Vanguard join me on the podcast. Our conversation has a great beginning, middle and end. You don't want to miss any of it. I learned a lot from Dean, and hope you do as well.

Coming up on the podcast we have conversation about politics, elections and 401(k) plans, in another episode we dive into some of the driving forces behind the M&A activity in the retirement ecosystem, we are going to explore best practices on plan fees and much more as we look to close out the year that has been 2020. If you aren't subscribed to the podcast, take care of that today by searching 401(k) Fridays on your favorite podcast app or going to 401kfridays.com/subscribe

Guest Bio

Dean Edwards is a principal, a member of the Institutional executive leadership team, and the head of Vanguard Institutional Strategy and Market Leadership. In this role, he oversees the strategy and innovation agenda for participant advice, the digital client experience, institutional product and service development, and thought leadership. Dean has more than 15 years of experience in the asset management and recordkeeping industries. In previous roles, he was responsible for the development and launch of Vanguard's participant advice and guidance offer, oversight of all plan participant marketing and digital experiences, recordkeeping operations and contact center, and leadership of the mega-market client service teams serving our largest 401(k) plan sponsors. He also served as an engagement manager on Vanguard's internal strategy consulting team. Dean earned a dual B.A. in business administration and communications at Ursinus College and an executive M.B.A. at Villanova University. He has also completed his Certified Financial Planner™ (CFP®) designation.

401(k) Fridays Podcast Overview

Struggling with a fiduciary issue, looking for strategies to improve employee retirement outcomes or curious about the impact of current events on your retirement plan? We've had conversations with retirement industry leaders to address these and other relevant topics! You can easily explore over 200 prior on-demand audio interviews here. Don't forget to subscribe as we release a new episode each Friday!

Episode Disclosures:

For more information about any fund, visit institutional.vanguard.com or call 800-523-1036 to obtain a prospectus or, if available, a summary prospectus. Investment objectives, risks, charges, expenses, and other important information are contained in the prospectus; read and consider it carefully before investing.

All investing is subject to risk, including the possible loss of the money you invest.

Vanguard is client-owned. As a client owner, you own the funds that own Vanguard.

Vanguard Digital Advisor's services are provided by Vanguard Advisers, Inc., a registered investment advisor. Go to vanguard.com/digitalbrochure for important details about this service. Vanguard Digital Advisor's financial planning tools provide projections and goal achievement forecasts that are hypothetical in nature. They are provided for educational purposes only and are not guarantees of future results.

Vanguard Personal Advisor Services are provided by Vanguard Advisers, Inc., a registered investment advisor, or by Vanguard National Trust Company, a federally chartered, limited-purpose trust company. The services provided to clients who elect to receive ongoing advice will vary based upon the amount of assets in a portfolio. Go to vanguard.com/brochurepas for an overview of the service.

Vanguard Marketing Corporation, Distributor of the Vanguard Funds.

Hard to believe, but the economic and financial market impact of COVID-19 first materialized about seven months ago. Since then, we have been seen record breaking market volatility, a spike in unemployment, a recession in the U.S. economy, and dramatic changes to daily life and routines. With all that said, how are retirement savers weathering this storm? To share some details, I am excited to welcome back Nathan Voris, a Managing Director of Business Strategy with Charles Schwab Retirement Plan Services. In his role, Nathan is responsible for leading the client experience, platform, and product development strategy to help retirement sponsors, consultants, and participants meet their goals. During our conversation, he pulls from his observations and conversations as well as a the recent 2020 401(k) Participant Survey they recently completed. We covered everything you would expect us to. Some things are you would expect, and others aren't. I f we missed anything please let me know. Shoot me an email to [email protected] or send me a note on LinkedIn.

That's it, I hope you enjoy my conversation with Nathan!

Guest Bio

Nathan Voris joined Schwab Retirement Plan Services in 2016. He is responsible for leading the client experience platform and product development strategy to help retirement sponsors, consultants, and participants meet their goals.

Mr. Voris previously worked at Morningstar, where he held several roles within Morningstar Investment Management, including portfolio management and asset allocation responsibilities. His most recent focus there was on product development and strategy for the retirement solutions, including wellness, advice and managed accounts, and target-date solutions.

He was also previously a consultant with R.V. Kuhns & Associates, where he worked with defined contribution plan sponsors to help improve asset allocation and solve other needs of plan participants. In that role, Mr. Voris was responsible for all aspects of portfolio construction, including asset allocation and manager selection/duediligence for plan sponsors, retirement plan providers, and asset managers. He began his career working for defined contribution plans, including Wal-Mart and the Ohio Public Employees' Retirement System. Mr. Voris has earned a bachelor's in education from the Ohio State University.

401(k) Fridays Podcast Overview

Struggling with a fiduciary issue, looking for strategies to improve employee retirement outcomes or curious about the impact of current events on your retirement plan? We've had conversations with retirement industry leaders to address these and other relevant topics! You can easily explore over 200 prior on-demand audio interviews here. Don't forget to subscribe as we release a new episode each Friday!

The 401(k) world if nothing else loves its acronyms. Today, I am excited to welcome Alison Cohn, a Partner and attorney with Ferenczy Benefits Law Center to the podcast! Alison brings her quick wit and enthusiasm to a conversation around PEPs, MEPs, and SEPs which can generally be confusing or just plan dull. With new regulations coming online, understanding the differences, pros and cons and decision points will be important as we head into 2021. Also, I loved her analogy involving ships and barnacles. I will definitely be stealing that one in the future.

General reminder, if you have been enjoying the podcast, please share with a friend, colleague or give us a shout out on social media. As our audience continues to grow, so does the caliber of guests I am able to bring to keep you informed and sometimes entertained.

That's it, I hope you enjoy my conversation with Alison!

Guest Bio

Alison J. Cohen, J.D., APA, APR is a Partner with Ferenczy Benefits Law Center in Atlanta, Georgia. Alison advises clients on many issues related to qualified retirement plans, including design, mergers and acquisitions, audits, and operational issues. Alison commonly works with clients that have operational issues to guide them through the Internal Revenue Service (IRS) and/or Department of Labor (DOL) corrective programs, prepare corrective filings, and prepare and support clients through audits conducted by the IRS and/or DOL.

Alison is a member of the Georgia and California State Bars. Prior to joining Ferenczy Benefits Law Center, Alison worked at a large bundled service provider for nearly 16 years as an Associate Vice President, Compliance Manager and Regulatory Liaison. As part of her responsibilities there, Alison served as a national speaker on audit and correction issues. She served on the Employee Plans Subcommittee of the IRS Advisory Committee on Tax-Exempt and Governmental Entities (ACT). Alison has been actively involved with the National Institute of Pension Administration (NIPA) serving as a speaker, author, and developer/teacher, and received NIPA's Excellence in Education Award in 2019. The award recognizes outstanding educators within the national membership who have made significant contributions and improvements to NIPA's educational programs. She holds designations as an Accredited Pension Administrator (APA) and Accredited Pension Representative (APR) from NIPA. Alison is also the current President of the Pension Education Council of Atlanta. In 2019, Alison assumed co-authorship of "ERISA: A Comprehensive Guide," along with Ms. Ilene H. Ferenczy.

401(k) Fridays Podcast Overview

Struggling with a fiduciary issue, looking for strategies to improve employee retirement outcomes or curious about the impact of current events on your retirement plan? We've had conversations with retirement industry leaders to address these and other relevant topics! You can easily explore over 200 prior on-demand audio interviews here. Don't forget to subscribe as we release a new episode each Friday!

A major challenge for let's call it 40% of the workforce here in the United States is access to a retirement plan at work. Recently, several states have launched retirement plans to help provide more access to workers and close the coverage gap. To discuss this and more, I am happy to welcome back to the podcast, Lisa Massena, Principal at Massena & Associates. During our conversation Lisa shares her experience and insights helping launch the state retirement plan in Oregon and now actively partnering with other states and institutions looking to improve retirement security for millions of workers.

Coming up on the podcast, we have episodes which hit on the new Pooled Employer Plans or PEPs, the impact of COVID on workplace retirement plans, a conversation with Vanguard about their decision to partner with Infosys, thoughts on retirement policy in the upcoming election and more! If you are not subscribed to the podcast, take care of that today by searching 401(k) Fridays on your favorite podcast app or going to www.401kfridays.com/subscribe.

That's it, I hope you enjoy my conversation with Lisa!

Guest Bio

Lisa A. Massena, CFA, is a retirement leader partnering with governments and service providers to develop savings programs focused on increasing private sector retirement coverage.

In 2020 Lisa founded Massena Associates to help clients successfully navigate new spaces, achieving on-budget implementation, state of the art operations, and happy users.

Services to support these outcomes include strategic advice on market position and opportunities; financial analysis; program design and development; implementation planning and support; issue expertise and testimony; marketplace updates and education; and communication.

Prior to establishing Massena Associates, Lisa served on the Government Savings team at Ascensus, the nation's largest independent recordkeeper, and as the founding Executive Director of the OregonSaves program. She has also held executive positions at State Street and mPower. Lisa is a Chartered Financial Analyst and a graduate of Portland State University.

401(k) Fridays Podcast Overview

Struggling with a fiduciary issue, looking for strategies to improve employee retirement outcomes or curious about the impact of current events on your retirement plan? We've had conversations with retirement industry leaders to address these and other relevant topics! You can easily explore over 200 prior on-demand audio interviews here. Don't forget to subscribe as we release a new episode each Friday!

We have talked about Regulation BI and the DOL's Fiduciary Rule before on the podcast, however, it has been a while. Reg BI is now live and the DOL's Fiduciary Rule has been revamped after its prior version was vacated a while back. To share an overview of what each are, the impact on plan sponsors, participants and industry I am happy to welcome Chris Giorgi and Carrol Waddel, both with Empower Retirement to the podcast. Chris provides great background and perspective on the legal front as Associate General Counsel and Carrol offers her insights on how all of this will impact plan sponsors and workplace retirement plan participants. We also hit on the role of advice in the post COVID world and what that could mean for all involved.

That's it for now, I hope you enjoy my conversation with Chris and Carrol!

Guest Bios

Chris Giorgi is Assistant General Counsel for Empower Retirement. Prior to joining Empower, he served as Senior Counsel in the legal and compliance department for Putnam Investments and as Director of the ERISA compliance team for The Hartford. He has 27 years of experience in ERISA legal and compliance matters.

Chris holds a bachelor's degree from the University of Massachusetts, Amherst and a Juris Doctor degree, cum laude, from Suffolk University and is a member of the Massachusetts Bar. He is the co-chair of the Boston Bar Association's ERISA Committee and a member of various industry groups, including the ICI Pension Committee. He also maintains FINRA Series 6, 26 and 63 securities registrations and holds FINRA Series 7 credentials.

Carol Waddell is Senior Vice President and Head of the Retirement Solutions Group for Empower Retirement. In her role, she oversees the teams that deliver guidance, advice, managed accounts, and financial wellness and planning across all corporate and government defined contribution segments for Empower and leads the consumer IRA, taxable and Empower Brokerage businesses.

Previously, Carol served as Head of Product and Marketing for J.P. Morgan Retirement Plan Services. At J.P. Morgan, she led product management and development, which included products, services, tools and websites for advisors, plan sponsors and participants, and oversaw the firm's marketing strategy and communications, segment management and award-winning participant experience.

Carol has also worked for T. Rowe Price, where she served in various leadership roles. In addition to providing oversight for defined contribution, defined benefit and nonqualified plan product development and marketing — including customer digital channels; investment products; and services for intermediaries, plan sponsors and participants — she contributed significantly to the firm's overall retirement income and target date product strategies. Carol has also served at Citibank in a variety of positions focused on marketing and customer experience.

Carol holds an MBA from Loyola University Maryland. She currently maintains the FINRA Series 6 securities registration and holds FINRA Series 7 and 24 credentials.

401(k) Fridays Podcast Overview

Struggling with a fiduciary issue, looking for strategies to improve employee retirement outcomes or curious about the impact of current events on your retirement plan? We've had conversations with retirement industry leaders to address these and other relevant topics! You can easily explore over 200 prior on-demand audio interviews here. Don't forget to subscribe as we release a new episode each Friday!

Is private equity on its way to 401(k) plans? What actually is private equity? How could this work? What is the investment need that is not being filled? We discuss all of this and more with Doug Keller, Head of Private Wealth and Defined Contribution at the private equity firm Pantheon. Coincidentally, Doug and his firm were also one of the private equity firms to request the information letter from the Department of Labor that has been making headlines and prompting a lot of questions. I learned a lot from this conversation, I hope you will also. If we missed anything today let me know. Send me an email to [email protected] or shoot me a message on LinkedIn.

That's it, I hope you enjoy my conversation with Doug!

Guest Bio

Doug Keller, Head of Private Wealth and Defined Contribution (joined 2013, 10 years of private markets experience)

Doug is Head of Private Wealth and Defined Contribution at Pantheon. He focuses on the origination, structuring and marketing of registered and unregistered offerings to clients globally. He previously worked in the Merrill Lynch Alternative Investments group where he was involved in screening, structuring and offering private equity and private real estate investments through the Bank of America Merrill Lynch Private Wealth Management platform. He has a BA in Economics from Tufts University. Doug is based in New York.

401(k) Fridays Podcast Overview

Struggling with a fiduciary issue, looking for strategies to improve employee retirement outcomes or curious about the impact of current events on your retirement plan? We've had conversations with retirement industry leaders to address these and other relevant topics! You can easily explore over 200 prior on-demand audio interviews here. Don't forget to subscribe as we release a new episode each Friday!

With the COVID related volatility in the financial markets and the impact on employees and businesses, one question lingering in the back of employers minds has been, am I more likely to be the target of a 401(k) lawsuit now? To answer this and some other topical questions that have come up, I am excited to welcome back Carl Engstrom, a 401(k) plaintiff's attorney with Nichols Kaster. Carl and his firm have numerous lawsuits against retirement plan sponsors and to date have garnered over $150 million of dollars in settlements on behalf of 401(k) plan participants. In addition to some answers on the first question, we hit on why employers are getting sued, where 401(k) litigation is likely headed and some thoughts on other timely developments. With that said, since we recorded the episode and our release date, there have been a few announcements on private equity and ESG investment strategies we did not discuss. As those situations evolve, we will surely revisit them in the future.

Guest Bio

Prior to joining Nichols Kaster, Carl worked as a judicial law clerk for Judge Natalie E. Hudson of the Minnesota Court of Appeals and for Judge Philip C. Carruthers and Judge Tamara G. Garcia of the Fourth Judicial District of the State of Minnesota.

During law school, Carl was a staff member and articles submission editor of the Minnesota Law Review, where his note on the Fair Labor Standards Act was published in April 2012. Carl was on the Dean's List all three years at law school and received four Faculty Book Awards given to the top-performing student in a course. Carl also worked as a research assistant to Professor Daniel Schwarcz. Carl began his legal career in 2010 as a Law Clerk with Nichols Kaster.

Carl's passion for helping people save for retirement began before law school, when Carl spent six years working as a Certified Financial Planner, with a particular focus on helping clients plan and save for retirement.

401(k) Fridays Podcast Overview

Struggling with a fiduciary issue, looking for strategies to improve employee retirement outcomes or curious about the impact of current events on your retirement plan? We've had conversations with retirement industry leaders to address these and other relevant topics! You can easily explore over 200 prior on-demand audio interviews here. Don't forget to subscribe as we release a new episode each Friday!