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5-13-26 Fiduciary Responsibility – The Janeanne Smith Interview

Understanding fiduciary responsibility is one of the most important — and misunderstood — aspects of managing a retirement plan.

Tom Allen and Janeanne Smith, Ascension Regional VP, explore the evolution of ERISA and why fiduciary oversight has become increasingly critical as retirement plans have expanded across small businesses nationwide. We break down what it means to act as a fiduciary, the legal and ethical responsibilities involved, and the real-world consequences employers can face when retirement plans are mismanaged.

This discussion also explains the different fiduciary roles within retirement plans, including:

3(21) Co-Fiduciaries
3(38) Investment Managers
3(16) Plan Administrators
402(a) Named Fiduciaries

We also examine how modern retirement plan structures like PEPs and MEPs are changing the responsibilities of business owners, including the tradeoffs between maintaining control and reducing liability.

Finally, we discuss the broader mission behind retirement planning: helping more Americans save more effectively, improving employee financial wellness, and giving businesses the tools they need to support long-term retirement success.

Whether you are a business owner, plan sponsor, HR professional, or retirement saver, this conversation provides valuable insight into the responsibilities, risks, and opportunities involved in retirement plan management.

0:00 - INTRO
2:32 - The Concept of Fiduciary Responsibility
4:33 - The Evolution of ERISA
7:05 - What is a Fiduciary?
8:34 - The North Star of ERISA & Role of Plan Fiduciary
11:31 - The Small Business Explosion
13:18 - The Real Consequences of Getting it Wrong
16:24 - You Don't Have to Do This Alone
16:42 - 3(21) Co-Fiduciary
18:54 - 3(38) Investment Manager
22:58 - 3(16) Plan Administrator
28:13 - 402(a) Named Fiduciary
29:43 - Business Owners' Roles vs PEPS & MEPS
31:44 - What you give up/What you gain with PEPS & MEMPS
35:30 - The Purpose of Ascensus - "Help More Savers Save More"
37:53 - Providing Financial Wellness Tools for Employees

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NBC - "Pensions' Broken Promises"

#ERISA #Fiduciary #401k #RetirementPlanning #FinancialWellness
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Lance Roberts
Finally, financial news that makes sense. Lance Roberts, the host of "StreetTalkLive", has a unique ability to bring the complex world of economics, investing and personal financial wealth building to you in simple, easy and informative ways but also makes it entertaining to listen to at the same time.
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