Not exact matches
Sulyma brought six claims: claims I and III allege the Investment
Committee defendants breached their
fiduciary duties by over-allocating the assets of the 401 (k)
Plan and Retirement
Plan to hedge fund, private equity, and other alternative investments.
The gravamen of the complaint is that the asset - allocation models adopted by the retirement
plans» investment
committee departed dramatically from prevailing standards employed by professional investment managers and
plan fiduciaries, and as a result, caused participants to suffer massive losses and excessive fees.
The Q & A states that «if a representative of a recordkeeper meets with a
fiduciary advisor to a
plan and with the
plan committee, the recordkeeper is entitled to the «wholesaler exception'to the
fiduciary rule,» he explained.
We had been concerned that, if the
plan committee members heard the recordkeeper's recommendations, that would make the recordkeeper an investment
fiduciary.»
The CUNA Mutual
Fiduciary Consultants Investment
Committee oversees the investments in the Institutional Program for 401 (k) and pension
plans for CUNA Mutual Retirement Solutions.
Most visible, in the DOL rule battle, the ongoing activity of the Financial
Planning Coalition (CFP Board, FPA, and NAPFA) and the
Committee for the
Fiduciary Standard stand out.
The Senate HELP
Committee cleared Preston Rutledge's nomination earlier in December; now the full Senate has approved his nomination to a post in which he will play a critical role overseeing the retirement
planning industry and the future of the
fiduciary rule.
As a brief overview, the Management and Board have embarked upon a failed merger that garnered virtually no support from its shareholders, and was opposed by ISS, and continued on that path until the date of the special shareholders meeting and scheduled vote, spending lavishly in a failed effort to close it; attempted to implement substantial new options to itself, a
plan opposed by ISS and the shareholders, which was withdrawn; continually paid itself outrageous sums of the shareholders money over the past three years; rejected highly qualified outside board members with deep, broad healthcare company experience supported by its shareholders; held many Board and
Committee meetings with nothing to show for it; formed a new Strategic Transactions
Committee that is highly paid but that has produced no deals for the shareholders to consider or for any outside valuation experts to formally review; spent lavishly on accountants, auditors and counsel; failed to successfully hire any outside professional negotiators and finally extinguish or remove the outstanding lease obligations; distributed no cash to the shareholders despite holding excess amounts; formed no special purpose entity to hold any royalty and milestone rights and payments for the benefit of its shareholders; and thus generally failed in its
fiduciary duties to shareholders.
Plan fiduciaries typically include plan trustees, plan administrators, and members of a plan's investment commit
Plan fiduciaries typically include
plan trustees, plan administrators, and members of a plan's investment commit
plan trustees,
plan administrators, and members of a plan's investment commit
plan administrators, and members of a
plan's investment commit
plan's investment
committee.
She is an active member of the Legislative
Committee for the Estate
Planning and
Fiduciary Law section with over 15 years of experience assisting in drafting North Carolina's trusts and estate legislation.