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    Jason Berkowitz

    en-usNovember 06, 2023
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    About this Episode

    IRI’s Jason Berkowitz: Why Biden’s Fiduciary Rule Gets it Wrong

    While the American Retirement Association is among those saying “fair” when it comes to the Department of Labor’s new proposed retirement security rule released last week that seeks to update the definition of an investment advice fiduciary under ERISA, many insurance-based organizations are crying “foul” over the controversial proposal, arguing that it imposes unnecessary regulatory burdens on investment advice.

    In the interest of learning more about the reasons behind annuity advocate opposition to the proposal, we invited Jason Berkowitz, Chief Legal and Regulatory Affairs Officer at the Insured Retirement Institute, to share the chief concerns his organization has with the proposal, and President Joe Biden’s unflattering characterization of the insured retirement industry and its products during remarks made at the White House last week.

    Berkowitz talks about potential implications to the five-part test, PTE 2020-02 and PTE 84-24 in addition to voicing concerns about the proposal pushing many more financial professionals into the realm of ERISA fiduciaries. He leads industry efforts on major regulatory initiatives applicable to the lifetime income industry and is the primary author of IRI’s comment letters regarding various regulatory proposals.

    Recent Episodes from 401(k) Specialist Podcast

    Defending the 401(k) with ICI's Sarah Holden

    Defending the 401(k) with ICI's Sarah Holden

    The 401(k) has been under attack on multiple fronts lately.

    Between calls for eliminating their tax advantages to prop up Social Security to Bernie Sanders pining for a return to pension plans, and momentum seeming to build for the TSP-like “Retirement Savings for Americans Act” that many in the workplace retirement market believe would constitute unfair competition from the federal government, it’s enough to have retirement plan advisors feeling a little defensive these days.

    Fortunately, plenty of retirement industry experts have stepped up to answer these attacks, and today’s podcast features a prominent one in Sarah Holden, senior director of retirement and investor research at the Investment Company Institute.

    ICI has been very active in debunking recent attacks on defined contribution plans, and Holden makes some great points in defense of the 401(k).

    Matt Gray & Todd Levy

    Matt Gray & Todd Levy

    Unlocking the Door to Broader Adoption of Guaranteed Lifetime Income in 401(k)s: Matt Gray and Todd Levy

    Guaranteed lifetime income remains a hot topic in the workplace retirement plan market and there are plenty of factors at play these days that are helping these solutions gain traction—and more widespread adoption—in 401(k) plans.

    Matt Gray, Assistant Vice President, Workplace and Middle Markets at Allianz Life, and Todd Levy, a “first mover” for lifetime income in DC plans who is Managing Director of RIA for The Retirement Plan Company, join the 401(k) Specialist Pod(k)ast to discuss how these products are evolving to meet the wants and needs of 401(k) participants.

    Jeanne Sutton

    Jeanne Sutton

    Ohtani’s ‘Retirement’ Strategy, NQDC Plans and 2024 Stock Trends with ‘401(k) Lady’ Jeanne Sutton

    Baseball’s biggest star Shohei Ohtani made headlines recently by signing the largest individual contract in the history of sports when he inked a 10-year, $700 million deal with the Los Angeles Dodgers.

    Interestingly, he deferred $68 of the $70 million per year in a move that could save him nine figures in California state income tax down the road.

    We’ll talk about that unique contract and the power of non-qualified deferred compensation plans with Strategic Retirement Partners Managing Director Jeanne Sutton, known as “The 401(k) Lady” in her popular social media videos. We’ll also talk about her stock market trends to watch in 2024, as well as what’s on her industry travel and speaking agenda this year.

    Tamiko Toland

    Tamiko Toland

    Catching Up with 'Annuity Yoda' Tamiko Toland

    Guaranteed in-plan lifetime income solutions is a hot topic in the workplace retirement market these days, and we wanted to hear from one of the foremost experts on these products in “Annuity Yoda” Tamiko Toland.

    After stints at TIAA and CANNEX, the thought leader in retirement and annuities in the individual and institutional markets last year started Toland Consulting, LLC, to share her insights, experience, and strategic analysis with clients, and she’ll also tell us about a couple of other new gigs keeping her busy these days—all with a focus on helping to educate people about lifetime income solutions.

    Wayne Park

    Wayne Park

    The Year Ahead with John Hancock Retirement CEO Wayne Park

    As the new year opens, our first podcast of 2024 features a look at what to expect in the workplace retirement market from a high-level leader in John Hancock Retirement CEO Wayne Park.

    With oversight over all aspects of John Hancock Retirement’s business, Park is an ideal person to shed insight on topics that will impact the workplace retirement business this year, particularly as they relate to emerging opportunities in the small plan marketplace.

    He talks about impacts of SECURE 2.0 and state-mandated IRAs, why advisors should be attracted to the small plan market, and what retirement savers should be focused on in the year ahead.

    Brian McDonnell

    Brian McDonnell

    IBM sent shockwaves through the retirement industry recently when it was revealed that the tech and computing giant is halting its 5% 401(k) match in favor of a 5% contribution to a new, portable, immediate-vesting pension called a “Retirement Benefit Account.”

    Joining us to discuss this move and its wider implications within the retirement industry is someone who knows the defined benefit market very well in Brian McDonnell, Head of the Global Pension Practice at Cambridge Associates. There he oversees the firm’s work with more than 150 plan sponsors, and also works directly with clients as their OCIO.

    He'll explain why the move happened, whether (and why) other plan sponsors might be considering it, and key trends he sees impacting the defined benefit space in the coming year.

    Lance Schoening

    Lance Schoening

    2024 SECURE 2.0 Insights with Principal’s Lance Schoening

    As we head toward 2024, more and more provisions of the landmark SECURE 2.0 retirement reform legislation package are coming online, including some provisions that have lots of people in the industry really excited.

    One of those people is Lance Schoening, Director of Policy at Principal, the sponsor of today’s podcast. As the person responsible for the company’s analysis of retirement legislation, he’s well-versed in all things SECURE 2.0, and shares insights on a number of new provisions.

    He’ll also explain why he’s excited about the start-up tax credits, and why retirement plan advisors might want to take another look at the small plan market because of them.

    Jason Berkowitz

    Jason Berkowitz
    IRI’s Jason Berkowitz: Why Biden’s Fiduciary Rule Gets it Wrong

    While the American Retirement Association is among those saying “fair” when it comes to the Department of Labor’s new proposed retirement security rule released last week that seeks to update the definition of an investment advice fiduciary under ERISA, many insurance-based organizations are crying “foul” over the controversial proposal, arguing that it imposes unnecessary regulatory burdens on investment advice.

    In the interest of learning more about the reasons behind annuity advocate opposition to the proposal, we invited Jason Berkowitz, Chief Legal and Regulatory Affairs Officer at the Insured Retirement Institute, to share the chief concerns his organization has with the proposal, and President Joe Biden’s unflattering characterization of the insured retirement industry and its products during remarks made at the White House last week.

    Berkowitz talks about potential implications to the five-part test, PTE 2020-02 and PTE 84-24 in addition to voicing concerns about the proposal pushing many more financial professionals into the realm of ERISA fiduciaries. He leads industry efforts on major regulatory initiatives applicable to the lifetime income industry and is the primary author of IRI’s comment letters regarding various regulatory proposals.

    Lisa Gomez

    Lisa Gomez

    Talking DOL Retirement Saving Priorities with EBSA Head Lisa Gomez

    It’s been about a year since the Honorable Lisa M. Gomez was sworn in as the Assistant Secretary of Labor, and quite a busy year it’s been for the head of the Employee Benefits Security Administration, which is responsible for administering, regulating and enforcing provisions of ERISA.

    She joins the 401(k) Specialist Pod(k)ast to talk about topics including the high-profile rewrite of the conflict of interest rule, SECURE 2.0 and its ability to address the workplace retirement plan coverage gap, and what EBSA can do to help plan advisors, plan sponsors and participants make the most of 401(k) plans to save for retirement.

    Jania Stout

    Jania Stout

    When you want to gain insight about what’s going on in the retirement industry, you want to talk to someone who’s in the loop and immersed in the business. We can’t think of someone who fits that description better than Jania Stout.

    401(k) Specialist’s “Top Advisor by Participant Outcomes” in 2020 is now the Senior Vice President, Retirement + Wealth, at OneDigital, where she brings over 22 years of experience in ERISA plan consulting to her role as Practice Leader.

    She fills us in on the latest when it comes to helping participants tackle the difficult task of paying down debt while still saving for emergencies and retirement, momentum building for in-plan guaranteed income solutions, and how artificial intelligence can complement—and not compete with—advisors.