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The Bad Bet of Offering Self Directed Brokerage Accounts in 401(k) Plans

I love Las Vegas and I hate to gamble, which explains why I haven’t been to Atlantic City since 1995. I love the sights, sounds, the entertainment, the food, and everything but the gambling. I hate gambling because I don’t...more

IRS Issues Guidance on the Applicability of Section 162(m) to CFO Compensation

Summary: The IRS recently informally revised its guidance regarding which officers of public companies must be considered when determining the compensation deduction limitation of Section 162(m) of the Internal Revenue Code...more

End of Year Tips For Retirement Plan Sponsors

With the Holiday season about to start, we know that the end of the year will soon follow. While plan participants maybe more concerned about holiday shopping or the firm’s annual holiday party, it’s a great and necessary...more

Empathy and Communication by a Retirement Plan Provider Goes A Long Way

They say that game theory is the study of strategic decision making. It is “the study of mathematical models of conflict and cooperation between intelligent rational decision-makers.” I say I use game theory, but I really...more

Bundled vs. Unbundled 401(k) Plan Providers: The Choice Is Not Clear

In our lives, there are times when we have two important choices. It’s Coke vs. Pepsi, Mac vs. PC, Xbox vs. PlayStation (sorry Nintendo), Star Wars vs. Star Trek, and Marvel vs. DC. In the 401(k) space, it’s always bundled...more

It’s A 401(k) Revolution

’m a fan of Broadway musicals and my favorite of all time is Les Miserables. It may not be a Rodgers and Hammerstein classic, but it’s always been my favorite since I saw it more than 20 years ago. I’ve seen it a few times on...more

The Small Stuff Creates The Biggest Liability Pitfalls For 401(k) Plan Sponsors

When I was a kid, I had an Intellivision. For those people born after 1980, Intellivision was a video game console that had better graphics than an Atari 2600 that people just didn’t buy. You could say Intellivision was the...more

D.M. 19 Giugno 2015: Il Decreto Sul Credito D'imposta Per - Enti E Fondi Previdenziali

La presente newsletter analizza il Decreto del Ministro dell'Economia e delle Finanze 19 giugno 2015 (pubblicato in Gazzetta Ufficiale n. 175 del 30 luglio 2015) (di seguito, il "Decreto") concernente condizioni, termini e...more

How To Operate A Retirement Plan Provider Practice on a Shoe String

I decided to start my own practice when another law firm stated that I could earn $150,000 if I brought them $450,000 billable work. I thought if I could bring in $450,000 of business, why would I need them and waste $300,000...more

Are LLC Owners Subject to Medicare Tax on Their Distributive Shares?

In a typical employer-employee relationship, the employer and employee each pay half of the Medicare tax due. However, the owners (called “members”) of a limited liability company (“LLC”) are usually considered self-employed...more

What Plan Sponsors Don’t Know, May Hurt Them

When I worked at a semi-prestigious law firm, one of the named partners (whose son was a respectable politician) asked me what my practice was. I told him it was ERISA, said he said didn’t know anything about it and walked...more

Department Recommences Responsible Party Assessments

When the Department of Revenue transitioned trust fund taxes to its “new” integrated computerized tax system last November, it temporarily suspended the issuance of responsible party assessments. In its most recent PA Tax...more

10 Things About Retirement Plans That Employers Should Know

A plan sponsor must delegate much of their duties to retirement plan providers. That may include third party administrators (TPAs), financial advisors, and ERISA attorneys. Despite the fact that retirement plan sponsors...more

Successful Strategies for Doing Business in Asia: Singapore (Updated)


Retirement Plan Provider Marketing Do’s and Don’ts

I never took a marketing course in college and I probably should have if I was going to go on my own and start a law practice. While I never have taken a marketing course, I’ve been pretty good at it considering you’re...more

The Essential Plan Providers For A 401(k) Plan

When people are sick, especially debilitating illnesses or diseases, it’s natural for them to travel far and wide to get the best medical coverage possible. I live in Long Island, but my children were born in Manhattan...more

Pensions News - July 2015

Welcome to DLA Piper’s Pensions News publication in which we report on developments in pension legislation, guidance and case law, as well as keeping you up to speed on what to look out for in the coming months. This...more

Absurd Things About 401(k) Plans That Are True

We drive on parkways and park on driveways. Cigarettes are sold in gas stations even though smoking is prohibited there. Fat chance and slim chance mean the same thing. Phonetic isn’t spelled the way it sounds. When it comes...more

There Is No Such Thing as Free 401(k) Administration

There is no such thing as the Easter Bunny, or the Tooth Fairy, or the Boogeyman. While we can laugh at it, it’s surprising to note that many plan sponsors still believe they pay nothing for 401(k) plan administration even in...more

International Tax Alert (US): Tax Court Invalidates Cost Sharing Regulation on Stock-Based Compensation. Now What?

The Tax Court in Altera Corp. v. Commissioner, 145 T.C. No. 3 (2015) has determined that Treas. Reg. §1.482-7(d)(2) requiring related taxpayers to share stock-based compensation (SBC) in a cost sharing arrangement (CSA) is...more

Ninth Circuit: Multiemployer Plan Calling Unpaid Contributions “Plan Assets” Does Not Make Persons Controlling Contribution...

The Ninth Circuit recently held that a multiemployer pension plan (MEP) cannot label unpaid contributions as “plan assets” so as to impose ERISA fiduciary status on persons controlling the payment of employer contributions to...more

Important Tax Provisions Contained in Acts Extending Highway Trust Fund and Trade Preferences

On July 31, 2015, President Obama signed P.L. 114-41, the Surface Transportation and Veterans Health Care Choice Improvement Act of 2015 (“Highway Act”), into law. Although the Highway Act is primarily for the purpose of...more

Attention 401(k) Plan Sponsors: This is Your Wake Up Call

Anytime I travel, I ask for a wake up call even though my IPhone will blare “Eat the Rich” by Aerosmith at the same time because you can never be too careful. When I travel around the country to speak, I want to make sure I...more

Is An Asset Purchaser Liable For Seller’s Withdrawal Liability?

Many asset buyers believe that, as long as they do not agree to ERISA Section 4204’s sale of assets exception to withdrawal liability, they will acquire the seller’s assets free and clear of any prior contribution history and...more

Tax Court: Stock based Compensation Costs Need not be Included in International Cost-Sharing Arrangements

The Stunning Altera Case - Employee stock options are an important part of compensation—both as income to the executives and as a deduction for the employer. But when stock options are used by multinational companies,...more

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