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Scott Simon Article Archive

How to Minimize Uncompensated Risk

The Law of Trusts Is the Foundation for Prudent Fiduciary Investing

The Risk/Return Tradeoff and Modern Prudent Fiduciary Investing

An Introduction to Modern Prudent Fiduciary Investing

403(b) Plans Not Adding Up

On Bernie Madoff and Working Longer

Why Target-Date Funds Miss the Boat

Revisiting Target Date Retirement Income Funds

The SEC Should Try Enforcing the Investment Advisers Act of 1940

An SEC Commissioner's Misfires

An Improvement on Regulation Best Interest

The Case for Dollar-Cost Averaging

About That Best Interest Rule

Why Diversification Pays in Rising Markets, Too

Ground Zero for Prudent Fiduciaries

Partnering With the Right HSA Provider

Should You Manage Health Savings Account Assets?

When an HSA-First Strategy Makes Sense

For Some, HSAs Offer a 'Quadfecta' of Tax Benefits

The Deal With Health Savings Accounts

What's Wrong With Third Party 3(38) Investment Managers?

Do We Need a 'Harmonized' Fiduciary Standard?

When Holding a Single Stock Isn’t Imprudent

Flexibility's Role in Modern Prudent Fiduciary Investing

Fiduciaries, Look to the Law of Trusts as Your Guide

Final Thoughts on the DOL Rule--for Now

The Ins and Outs of the DOL’s Best Interest Contract Exemption

Safe Harbors and Exclusions in the DOL's Fiduciary Rule

Breaking Down the 3 Key Elements of the DOL Fiduciary Rule

Who Does the DOL's Conflict of Interest Rule Apply To?

The Reason for the DOL Rule: IRAs

Understanding the DOL's Conflict of Interest Rule

The Future and the Past of Performance

The Secret to Prudent Retirement Investing

The Futility of Chasing Returns

When Fine Print Doesn't Cut It

How Not to Operate a 401(k)

Stable Value Funds: A Fiduciary Quandary

Stable Value Funds in the Litigation Crosshairs

Ignoring the Noise of Financial Markets

Target Date Income Funds: A Viable Alternative to Annuities in Retirement Plans

Dear Ms. Miller: The Fiduciary Model and Your Company's Retirement Plan

How We Got From There to Here in the Fiduciary Wars

When Non-Fiduciaries Hold the Fiduciary Keys

Disclosure: The Riddle Wrapped in a Mystery Inside an Enigma

The Next Steps for K-12 403(b) Reform

A Way Around Costly 403(b) Plans

Reforming K-12 403(b) Plans

Anatomy of a No-Brainer

Fiduciary Definition Has Another Charlie Brown Moment

Real Reasons to Be Offended

Revisiting K-12 School District 403(b) Agreements

A Taxing Investment Issue for Fiduciaries

Two Different Business Models, Two Different Outcomes for Investors

A Closer Look at a New Weapon in the Fiduciary Wars

Redefining 'Choice' in Retirement Plans

The Conundrum of Mary Jo White

W. Scott Simon is an expert on the Uniform Prudent Investor Act and the Restatement 3rd of Trusts (Prudent Investor Rule). He provides services as a consultant and expert witness on fiduciary issues in litigation and arbitrations. For more information, visit Prudent Investor Advisors, or email ssimon@prudentllc.com. The views expressed in these articles do not necessarily reflect the views of Morningstar.

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About the Author

W Scott Simon

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W. Scott Simon is an expert on the Uniform Prudent Investor Act, the Restatement (Third) of Trusts and Title I of ERISA. He is the author of two books, The Prudent Investor Act: A Guide to Understanding and Index Mutual Funds: Profiting From an Investment Revolution (foreword by John C. Bogle). Simon is the recipient of the 2012 Tamar Frankel Fiduciary of the Year Award.

Simon is a retirement plan advisor at Retirement Wellness Group specializing as a discretionary investment fiduciary pursuant to ERISA section 3(38). This approach can be adapted to non-ERISA plans such as 457(b) plans 401(a) plans as well as to non-profits including foundations and endowments.

Simon also provides expert witness and consulting services as described at https://www.fiduciary-experts.com. These include pre-litigation case evaluation, assistance in litigation support consulting including trial preparation, written opinions, legal arguments as well as testimony at depositions, arbitrations, mediations and trials. Subject matter areas include standards of modern prudent fiduciary investing, prudent fiduciary investment conduct, breaches of fiduciary duties and principles of investing.

Simon is a member of the State Bar of California, a Certified Financial Planner® and an Accredited Investment Fiduciary Analyst®. For more information, please contact him at wssimon@rwg-retirement.com or wssimon@fiduciary-experts.com.

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