The Basic Ingredients For A Successful Retirement Plan Practice.
It's a good recipe.

You can buy a cake or you can bake one from scratch. You can buy a retirement plan practice or build one from scratch. As a former law firm associate whose managing attorney didn't think I could ever bring in business was able to build a national ERISA practice from scratch. I'm not taking a victory lap because I'm not as successful as I'd like to be. However, I've been able to build a retirement plan practice, so let me share my "secret" recipe on how to build a successful retirement plan practice.

To read the article, please click here.
The thing about the new, new proposed fiduciary rule.
Is it new or is it new, new?

In 1984, Lorne Michaels created a new show, based on Saturday Night Live (SNL) when he was no longer SNL's producer. It was called "The New Show", how clever. It failed, people liked the original and within a year, Lorne came back to SNL as Executive Producer.

The recent decision by the Department of Labor (DOL) to unveil a proposed new fiduciary rule is certainly interesting. Since the canning of the old new rule, thanks to the Trump ruled DOL rolling over by not appealing a negative court decision, it took over 2 years to develop a new, new rule. I see lots of problems.

The biggest problem is that the proposed rule was released during a Presidential election year. Despite my Professor Helmut Norpoth's view that Trump has a 91% chance of being reelected, President Trump's re-election is still very much up in the air. A Joe Biden victory will likely lead to the pullback of this new, new fiduciary rule with their hopes of a new, new, new fiduciary rule that will be more stringent on brokers and insurance salespeople. My second concern is that the new rule is a watering down of the 5 parts rule, allowing enough leeway for brokers and insurance salespeople to still do what's best for them.

As an ERISA attorney, I can also write 85 articles about the effects of this new, new rule, but I'm not going to take a bet that it will ever take effect. This November will solve it.


There is nothing wrong with criticism.
It'spart of the game.

When I was at law school at American University Washington College of Law, I was the Executive Editor of The American Jurist, which was the student newsmagazine for my final year of law school. I wasn't a particularly fond fan of my law school, I think they made promises to students that they couldn't deliver on and some of the great opportunities like their law clinics were only available to a small group of students. For example, while I was led to believe my interest and coursework in tax law would merit me for consideration in the tax clinic, I did not get a slot for the tax clinic because my name was literally not pulled out of a hat. So my year as the top editor was dedicating my columns to lambast what was wrong with the school and suggestions on how to improve certain aspects of it like the career services office, the journal and law clinic selection process, and orientation.

Certain students and faculty were very critical of my views because they said my columns would have a negative impact on the school because potential students would read the columns and then not got to our school because of what I wrote. It was pure nonsense because my columns criticized the school and then offered suggestions on how to fix the problems I pointed out. After I graduated, many of my suggestions were acted upon by the administration and I am proud of my role in helping the school out.

People don't like criticism, they can't handle it. If you criticize, you get labeled as a hater. It's a label to discredit you and your opinion. I see that all the time on the community Facebook groups where people who have criticized elements of my local village are told to move. If you only allow nice, happy thoughts about things, you never get better.

Many years back, an advisor I know sent an e-mail to one of the big movers and shakers in the 401(k) industry. The mover and shaker were one of these industry spokespeople who were against any type of fee disclosure regulation. The e-mail had a simple quote from an outspoken columnist who has been critical of the abuses with the 401(k) industry. The 401(k) big shot was very offended by the quote and took many exceptions to it.

My point is that there are enough problems within the retirement plan industry to criticize and simply attacking those that do is certainly not going to help the industry out. Those that try to shout down those 401(k) critics do a disservice to the industry because it is those critics on fees and investments that have helped spur change within the 401(k) industry. That being said, there are those who consistently attack 401(k) plans without a suggestion to improve them or a realistic way to help the retirement savings crisis in the country. When managed correctly, a 401(k) plan is one of the best employee benefits out there that has helped plan participants save for retirement and lower their current taxable income. People within this industry don't have to be like Anthony's neighbors in the Twilight Zone episode "It's A Good Life" and think "nice, happy thoughts." If you see something wrong within the industry, say something and offer a way to make things better.

Those that believe that the retirement plan industry is perfect and call those that criticize it are haters are members of a flat earth society who don't have tolerance for the free flow and exchange of ideas. There is a lot of right and wrong with the retirement plan business, don't be afraid to speak up in trying to improve it.
DOL to allow private equity investments in DC Plans.
Doubt it will be a big thing.

The Department of Labor (DOL) released some new guidance that might facilitate the inclusion of private equity (PE) exposure in participant-directed defined contribution (DC) plans ERISA.
The guidance contemplates the viability of multi-asset target-date, target-risk, and balanced funds made available on a plan lineup, including as a designated investment alternative.

The selection and monitoring of an investment fund made available in a participant-directed plan are subject to ERISA's stringent fiduciary duties. This DOL guidance explains how a fiduciary, can select an investment option that has PE exposure. The types of funds the DOL has in mind under the new guidance are those with partial exposure to PE; so that the remainder of the fund's portfolio would need to have "a range of asset classes with different risk and return characteristics and investment horizons." The DOL specifically envisions the non-PE asset classes to be both liquid and have readily ascertainable market values, such as publicly-traded securities.

While the DOL guidance may facilitate the inclusion of PE within DC plan lineups in a mutual fund or fund of funds, I don't think many plan sponsors will pursue it since the exposure is going to be limited to publicly-traded securities and the recent bias for index funds.
You can't be what you're not.
Stay true.

This summer will be Camp Ary as both of my kids had their camps canceled for the summer, thanks to the Coronavirus. My son's sleepaway camp and my daughter's day camp were canceled. While both camps were allowed to open, they both realized that camp with social distancing wasn't camp, so they decided to cancel.

Realizing that they couldn't be what they away were, these camps were honest with their customers that they couldn't operate the way they wanted to. They had too much dedication to what they do to continue with a camp season that could pose damage to the health of staff and campers, as well as providing a subpar experience. A local camp that my kids used to go to has decided to open because the owner has three adult children to support as well as their children. With a poor refund policy and a very secret discussion of details and programming, this local camp will have a scorched earth policy that will probably negatively impact their business for years beyond 2020.

When dealing with clients, you have to be honest about what services you can provide and be honest about what you can't provide. Being frank with your clients goes a long way in keeping them as long term clients.

Need a 3(16) or PEP Provider, call me.
Austin 3(16) Fiduciary Limited, my affiliated fiduciary service is the right call.

If you are looking for an independent 3(16) fiduciary or pooled plan provider, then contact me.

My affiliated Austin 3(16) Fiduciary Limited has been serving in the 3(16) space for 7 years now with over $175 million in assets under administration and growing.

Whether it's a pooled employer plan, multiple employer plan, or a single employer plan, there might be the right fit in a fiduciary solution for your retirement plan practice by hiring me.


Sign up for a bunch of virtual events.
That 401(k) Virtual Conference 5, That 401(k) National Virtual Conference this January.

We know that while many of you are working from home, many of you crave content to help your practice and so many national events have to be cancelled.

So we've decided to take what we have done with the National and Regional events with an online virtual event that is free of charge. Just no lunch, stadium tour, and athlete appearances.

Please join me for the fifth edition of That 401(k) Virtual Conference on Friday, August 14th at Noon  EST. Since many of us are returning to the office, this event will be shorter in duration. Recordings of the webinar will be available on demand afterwards. Both the live and recorded events will be free.

To sign up, please click  here.

To sponsor the event and speak to plan attendees for 30 minutes, please contact  me. It's just $500.

To check videos of previous events, click  here.

While the inaugural That 401(k) National Conference this past March at Disney World was a lot of fun, it was the last major 401(k) industry event before the COVID-19 turned our world upside down.

Whether the pandemic will abate by 2021 or not, the fact is that business travel is going to be curtailed by many plan providers for the foreseeable future. Thanks to the success of That 401(k) Virtual Conference, it is a no brainer to host an online-only edition of That 401(k) National Virtual Conference Thursday-Friday, January 21-22, 2021.

This virtual event will have it all: great presentations to help grow your 401(k) business and a couple of celebrity guests.

Attending the event for two days will start with an early bird fee of $20.21. There will be a VIP admission for anyone wanting autographs from our celebrity guests.

To sign up to attend, please click  here.

For more information, including sponsoring the event, click  here.
 
Further details will be divulged over the next few weeks including the signup page.

  The next 401(k) Virtual Bunch, our interactive 45 minute Zoom meeting has been a lot of fun in talking with different plan providers on the topic of the day.

The next Virtual Bunch will be the day before That 401(k) Virtual Conference 5 on Thursday, August 13th at 4pm EST. To sign up, click here.
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The Rosenbaum Law Firm Advisors Advantage, August 2020
Vol. 11 No. 8

The Rosenbaum Law Firm P.C.
734 Franklin Avenue, Suite 302
Garden City, New York 11530
516-594-1557
Fax 516-368-3780

  Attorney Advertising.  Prior results do not guarantee similar results. Copyright 2019, The Rosenbaum Law Firm P.C. All rights reserved.