Fiduciary Insights

MainStay is committed to providing timely and relevant insights to the plan sponsor and defined contribution investment only (DCIO) communities. We aim to provide actionable resources for advisors to use as they assist their plan sponsor clients and prospects, helping them navigate the governance landscape. Here you will find thought leadership and value add to support and build your business, all brought to you by MainStay’s Retirement Institute.


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  • 2018 Defined Contribution Compliance Calendar

    Plan Sponsors, fiduciaries, and retirement plan advisors must pay close attention to due dates of required plan documents. Missing deadlines is a breach of fiduciary duty! Always stay up-to-date on critical deadlines.

  • A Critical Checklist for 401k Fiduciary Liability Insurance

    For plan sponsors looking to help their plan advisors, a recent article highlights Fiduciary Liability Insurance as a practical way to help protect plan sponsors and their employees against fiduciary-related claims. 

  • Managing Cybersecurity Risk for Retirement Plans

    Cyber risks are becoming more prevalent and more severe, with a number of high profile cases targeting retirement plans in recent years. Fiduciaries who fail to take prudent action to protect data and assets may be liable to considerable risk. This brief article will provide key elements that can help plan sponsors develop a cybersecurity risk management process.

  • Active vs. Passive Funds: Perception vs. Reality

    As you’re undoubtedly aware, there is an ongoing debate in our industry over actively and passively managed funds. In this article, we try to explain the issues associated with passive versus active investment approaches, court views on what is prudent from a retirement plan perspective, and the potential impact for plan fiduciaries.

  • Revenue Sharing: Setting the Record Straight

    Revenue sharing has garnered its fair share of press over the years. This is partially because these arrangements have often been a target of 401(k) fee litigation suits. In this piece, we explain the ins and outs of revenue sharing, government and court views on what is prudent, and the disconnect between what plan fiduciaries believe is their responsibility and revenue sharing reality.

  • Understanding ERISA’s Fiduciary Definitions: Sections 3(21) and 3(38)

    As a result of Congress debating the Fiduciary Rule and the fallout over the last few years, ERISA’s standards of conduct for plan investment advice fiduciaries have been in the spotlight. In particular, ERISA Sections 3(21) and 3(38), in this article, we’ll review what these sections entail and their implications for plan fiduciaries.

  • More Fiduciaries, More Litigation Exposure for Plan Sponsors

    Increasingly, retirement plan sponsors are being sued by plan participants and /or investigated by the DOL for breach of fiduciary duty under ERISA. Fiduciary liability insurance offers a practical way to help protect plan sponsors and their employees against fiduciary-related claims. This article covers three reasons why fiduciary liability insurance may make sense.

  • A Guide to Common Retirement Plan Missteps

    Building a solid foundation for plan operations and monitoring activity is key to operating a plan that is in compliance. This guide outlines common compliance missteps and resources that have been developed by the IRS and DOL to help plan sponsors being their plans back to compliance.