Fiduciary governance is a fundamental aspect of managing retirement plans and benefits. Understanding the intricacies of fiduciary duties is crucial for employers, plan sponsors and retirement plan advisors to ensure compliance and safeguard against potential liabilities.   In our recent webinar, Quick hits session: Fiduciary Governance , we equipped participants with essential knowledge and strategies to navigate the complexities of fiduciary responsibilities. To help you build on your learnings, we wrote this supplemental blog. Explore the key elements of fiduciary governance, including best practices, monitoring entities, establishing sound processes and avoiding common compliance pitfalls.  Fiduciary best practices  At its core, fiduciary duty involves acting in the best interest of plan participants and beneficiaries. This means making decisions with care, skill and diligence. Here are some best practices to help you fulfill your fiduciary responsibilities :...

Fiduciary liability extends beyond employee benefits  Employers and program administrators commonly ask, “What is fiduciary liability?”  IRMI defines fiduciary liability as “the responsibility on trustees, employers, fiduciaries, professional administrators, and the plan itself with respect to errors and omissions (E&O) in the administration of employee benefit programs as imposed by the Employee Retirement Income Security Act (ERISA).”  However, fiduciary liability extends beyond employee benefit programs. The importance of fiduciary responsibility in retirement programs is often overlooked.   In this blog post, we fill the educational gap, providing essential information on retirement plans and the liability responsibility of trustees, employers, program administrators and fiduciaries.  Understanding fiduciary responsibility in retirement programs  Retirement programs play a crucial role in ensuring the financial well-being of participants and b...

The Employee Retirement Income Security Act of 1974 (ERISA) is a federal law that sets minimum standards for employee benefit plans maintained by private-sector employers. ERISA includes requirements for both retirement plans (for example, 401(k) plans) and welfare benefit plans (for example, group health plans). ERISA has been amended many times over the years, expanding the protections available to ERISA benefit plan participants and beneficiaries. ERISA includes standards of conduct for those who manage employee benefit plans and their assets, who are called “fiduciaries”. This is a continuation of our Compliance Overview on frequently asked questions (FAQs) to help employers understand the basic fiduciary responsibilities applicable to plans under ERISA. How Do the Fiduciary Duty Rules Affect Plan Operation? Employee Contributions If a plan provides for salary reductions from employees’ paychecks for contribution to the plan or participants make payments directly, such as the payme...

The Employee Retirement Income Security Act of 1974 (ERISA) is a federal law that sets minimum standards for employee benefit plans maintained by private-sector employers. ERISA includes requirements for both retirement plans (for example, 401(k) plans) and welfare benefit plans (for example, group health plans). ERISA has been amended many times over the years, expanding the protections available to ERISA benefit plan participants and beneficiaries. ERISA includes standards of conduct for those who manage employee benefit plans and their assets, who are called “fiduciaries”. This Compliance Overview is part 1 of a set of frequently asked questions (FAQs) to help employers understand the basic fiduciary responsibilities applicable to plans under ERISA. Who is a Fiduciary? Many of the actions involved in operating an employee benefit plan make the person or entity performing them a fiduciary. Using discretion in administering and managing a plan or controlling the plan’s assets makes th...

  Thank you for joining for another episode in our video series: For Your Benefit with HANYS Benefit Services. It's the start of a new year and in this episode, we're introducing our 2021 Retirement Services Compliance Calendar. To ensure plan fiduciaries begin the year with their best foot forward, we're also providing a summary of fiduciary best practices. Tune in to each episode as we discuss regulations, investments, compliance and all things benefits. Hear from leading experts as we share insight on the employee benefit topics and trends that matter most. If you have any questions on content from our video or would like to begin talking to a retirement plan advisor, please get in touch by  email  or by calling (800) 388-1963.

  Thank you for joining for another episode in our video series: For Your Benefit with HANYS Benefit Services. It's the start of a new year and in this episode, we're introducing our 2021 Retirement Services Compliance Calendar. To ensure plan fiduciaries begin the year with their best foot forward, we're also providing a summary of fiduciary best practices. Tune in to each episode as we discuss regulations, investments, compliance and all things benefits. Hear from leading experts as we share insight on the employee benefit topics and trends that matter most. If you have any questions on content from our video or would like to begin talking to a retirement plan advisor, please get in touch by  email  or by calling (800) 388-1963.

Why now? The plan sponsor community has been woefully unprepared to meet the increased scrutiny of 403(b) plan operations by the IRS, Department of Labor and private auditors. There has been a material spike in plan correction applications, investigations and regulatory penalties. But don’t just take our word for it. Let your fellow plan sponsors’ experiences tell the tale. Our webinar featured real life stories about sponsors just like you. Each of them had a “What, me worry?” attitude where their plan was concerned, confident that they had everything well in hand—until everything changed. Watch this webinar to learn: the pros and cons of conducting a plan operational review; when you should do it; and how much you can expect to spend. Webinar Recording FEATURED SPEAKERS: Carol Idone Vice President, Consulting HANYS Benefit Services Eric Paley Partner Nixon Peabody Claire Rowland Counsel Nixon Peabody

The economic and societal lockdowns that have been imposed in an attempt to slow the spread of the coronavirus have presented unique challenges, including some that may not have been contemplated when the lockdowns were instituted. Congress was quick to pass the CARES Act , which gave retirement plan participants greater access to their plan balances through expanded loan and hardship distribution provisions. However, a stumbling block quickly became apparent when plan provisions required spousal consent for some distributions or loans. Spousal consent waivers for plans subject to qualified joint and survivor annuity provisions of Section 417 of the Internal Revenue Code generally must be witnessed in the physical presence of a plan representative or a notary public. Similarly, the same spousal consent and witnessing requirements apply to designate a non-spouse beneficiary for a 401(k) or ERISA-covered 403(b) plan. Physical presence can be difficult to achieve in light of stay-at-home...

U.S. equities continued to roar leading into 2020. The Federal Reserve reversed course on monetary policy in 2019, stimulating both the economy and securities markets. Read the  Q4 Market Recap  for a brief review of the 2019 stock market performance and outlook for 2020. Also included is an update on important provisions in the Setting Every Community Up for Retirement Enhancement (SECURE) Act. If you have any questions, or would like to begin talking to a retirement plan advisor, please get in touch by  email  or by calling (800) 388-1963.

U.S. equities continued to roar leading into 2020. The Federal Reserve reversed course on monetary policy in 2019, stimulating both the economy and securities markets. Read the  Q4 Market Recap  for a brief review of the 2019 stock market performance and outlook for 2020. Also included is an update on important provisions in the Setting Every Community Up for Retirement Enhancement (SECURE) Act. If you have any questions, or would like to begin talking to a retirement plan advisor, please get in touch by  email  or by calling (800) 388-1963.

The Setting Every Community Up for Retirement Enhancement (SECURE) Act After spending most of 2019 on hold in Congress, the SECURE Act was passed and signed into law on December 20. This is the largest retirement reform act since the Pension Protection Act in 2006 and has a broad focus on improving both the reach and quality of retirement plans, as well as updating several individual tax rules. While most changes require no immediate action, it’s important for plan sponsors to be aware of changes that may soon impact them. Here is a chart with the most significant changes: Topic Summary Considerations Effective Date Multiple employer plans (MEPs); Pooled employer plans Perhaps the most significant portion of the bill provides an updated structure to facilitate open multiple employer plan arrangements, or “pooled employer plans” for unrelated employers. The Act also provides relief from plan disqualification by eliminating the “one bad apple” rule, which held all e...

The Setting Every Community Up for Retirement Enhancement (SECURE) Act provides a safe harbor for plan fiduciaries who select a guaranteed retirement income contract, which is defined as an annuity contract for a fixed term or providing for systematic payments guaranteed by the provider to be made over the life, life expectancy or joint lives or life expectancies of a participant and beneficiary. Retirement plan fiduciaries will be deemed to have acted prudently and will be eligible for the new safe harbor protection if they engage in and document the following process: objective, thorough and analytical search for an annuity provider; consideration of all costs, benefit features and terms of the contract; obtain written assurances from the provider of compliance with all federal and state laws and regulations governing lifetime income solutions, including state insurance laws; as a result of the analysis, the plan fiduciaries should be able to conclude that the provider has the finan...

The Setting Every Community Up for Retirement Enhancement (SECURE) Act After spending most of 2019 on hold in Congress, the SECURE Act was passed and signed into law on December 20. This is the largest retirement reform act since the Pension Protection Act in 2006 and has a broad focus on improving both the reach and quality of retirement plans, as well as updating several individual tax rules. While most changes require no immediate action, it’s important for plan sponsors to be aware of changes that may soon impact them. Here is a chart with the most significant changes: Topic Summary Considerations Effective Date Multiple employer plans (MEPs); Pooled employer plans Perhaps the most significant portion of the bill provides an updated structure to facilitate open multiple employer plan arrangements, or “pooled employer plans” for unrelated employers. The Act also provides relief from plan disqualification by eliminating the “one...

The Setting Every Community Up for Retirement Enhancement (SECURE) Act provides a safe harbor for plan fiduciaries who select a guaranteed retirement income contract, which is defined as an annuity contract for a fixed term or providing for systematic payments guaranteed by the provider to be made over the life, life expectancy or joint lives or life expectancies of a participant and beneficiary. Retirement plan fiduciaries will be deemed to have acted prudently and will be eligible for the new safe harbor protection if they engage in and document the following process: objective, thorough and analytical search for an annuity provider; consideration of all costs, benefit features and terms of the contract; obtain written assurances from the provider of compliance with all federal and state laws and regulations governing lifetime income solutions, including state insurance laws; as a result of the analysis, the plan fiduciaries should be able to conclude that the provider has the finan...

The longest bull market in history continues to run through Q3.  Investors remain focused on three key areas: trade conflict, slowing global economic growth and the Federal Reserve monetary policy. Under the successive leadership of three chairs, the Fed has fostered the longest economic expansion in U.S. history. Read the Q3 Market Recap to learn more about the recent history of bull markets, as well as the Q3 market drivers. Also included is an overview of key year-end notices plan sponsors may need to provide to employees according to IRS and DOL regulations. If you have any questions, or would like to begin talking to a retirement plan advisor, please get in touch by  email  or by calling (800) 388-1963.

The longest bull market in history continues to run through Q3.  Investors remain focused on three key areas: trade conflict, slowing global economic growth and the Federal Reserve monetary policy. Under the successive leadership of three chairs, the Fed has fostered the longest economic expansion in U.S. history. Read the Q3 Market Recap to learn more about the recent history of bull markets, as well as the Q3 market drivers. Also included is an overview of key year-end notices plan sponsors may need to provide to employees according to IRS and DOL regulations. If you have any questions, or would like to begin talking to a retirement plan advisor, please get in touch by  email  or by calling (800) 388-1963.

HANYS Benefit Services wants to help you stay compliant with the 2018 Retirement Services Compliance Calendar and Notices Reminder . Compliance is just one of many services we provide. HANYS Benefit Services created this document to remind plan administrators of the compliance deadlines and notices required for distribution. If you have any questions regarding compliance requirements or their application to your plan, contact us at (800) 388-1963 or at hbs@ hanys.org.

On Monday, November 27, 2017, the Department of Labor (DOL) announced that some key provisions of the fiduciary rule will be extended for 18 months. The fiduciary rule, in its most basic context, requires brokers and advisors to act in the best interests of their clients who have retirement accounts, including IRAs and rollovers from qualified retirement plans, including 401(k) and 403(b) plans.  The DOL first proposed the regulations in October 2010 but withdrew them in 2011 after opposition from the financial services industry as well as some members of Congress.  The regulations were reintroduced in 2015 with the final rule becoming effective June 7, 2016.  Compliance with the rules surrounding broker conduct and disclosure was delayed until April 10, 2017.  A transition period for compliance with some of the provisions was put in place from April 10, 2017 until January 1, 2018.  This latest delay will extend implementation of the enforcement provisions of th...

1. Document all decisions— Appoint a secretary to take notes on all actions and decisions. 2. Hold retirement plan committee meetings regularly— Quarterly is the best practice; make sure your people get there and have a good attendance record. 3. Appoint qualified committee members— If you want to bring in people from different departments within the hospital to have them more involved in the retirement plan process, be sure that people are chosen who understand how the retirement plan and investments work. You also need to have an odd number of people on the committee to avoid votes that end in a tie. 4. Periodically review plan operations and providers— Review the scope of services in the service agreements with all plan providers to ensure these services are still needed and are of high quality. Make sure the plan administrator and service providers are administering the plan in accordance with the plan document. 5. Ensure ERISA compliance— ERISA Sec. 404(c) protects plan sponsors ...

Retirement plan sponsors have a difficult challenge: balancing the desire to offer a valued and valuable retirement plan to their employees, with the administrative and regulatory requirements and expense of maintaining the plan. Experts agree that plan sponsors can help address these issues by consistent adoption of plan administration and oversight best practices.These steps can lower costs, increase plan enrollment, boost savings rates, and better prepare employees for a more secure retirement, while helping mitigate the risk borne by plan fiduciaries. Industry best practices suggest that plans be put out to bid every three to five years. Putting plans out to bid allows plan sponsors to take advantage of changing conditions and overall marketplace competition. This ensures they are offering their employees a cost competitive plan and one where a record keeper uses current technology for both the plan and its participants. A three- to five-year frequency does not have to needlessly b...