August 28, 2024

Season 4, Episode 11: Stop—and Go? The Fiduciary Rule & Forfeiture Suits

23 minutes

The so-called fiduciary rule has been stayed—and legal

challenges regarding forfeiture reallocation are picking up. Nevin & Fred discuss what you should be doing…now.

About a month ago two separate federal judges put a hold on the effective date (09/23) of the Labor Department’s new fiduciary rule—indefinitely. n ordering the stay, United States District Judge Jeremy D. Kernodle explained that “the 2024 Fiduciary Rule suffers from many of the same problems” that were found in the version vacated by the Fifth Circuit back in 2018.

On the other (unrelated) hand, the number of suits alleging a fiduciary breach in the use of forfeitures to offset employer contributions is increasing—and most recently those charges have been appended to the more

“traditional” excessive fee suits. That, and a couple of the original group have now gotten past the motion to

dismiss.

In light of those trends, what should plan fiduciaries

do? In this podcast episode, Nevin & Fred will discuss the trends, the issues, the implications, and some next

steps.

Episode Resources:

Staff Bulletin: Standards of Conduct for Broker-Dealers and Investment Advisers Account Recommendations for Retail Investors https://www.sec.gov/tm/iabd-staff-bulletin

Fiduciary Rule

Federal Judge Slams Brakes on Fiduciary Rule https://www.napa-net.org/news-info/daily-news/breaking-news-federal-judge-slams-brakes-fiduciary-rule

Another Federal Court Slams Fiduciary Rule https://www.napa-net.org/news-info/daily-news/another-federal-court-slams-fiduciary-rule

Department of Labor Releases Final Investment Advice

Fiduciary Rule https://www.napa-net.org/news-info/daily-news/breaking-department-labor-releases-final-investment-advice-fiduciary-rule

Forfeiture Reallocation Litigation

Major Forfeiture Fiduciary Breach Suit Gets Green Light https://www.napa-net.org/news-info/daily-news/major-forfeiture-fiduciary-breach-suit-gets-green-light

Another Excessive Fee Suit (Also) Claims Forfeiture Use a

Fiduciary Breach https://www.napa-net.org/news-info/daily-news/another-excessive-fee-suit-also-claims-forfeiture-use-fiduciary-breach

Nordstrom Nailed With Massive Allegations in 401(k)

Fiduciary Breach Suit https://www.napa-net.org/news-info/daily-news/nordstrom-nailed-massive-allegations-401k-fiduciary-breach-suit

Future Live Appearances:

Strategic Retirement Partners: https://www.srpretire.com/

ASPPA Annual: https://asppaannual.org/

NAPA 401(k) Summit: https://napasummit.org

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By Nevin Adams

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