401k

News & Analysis as of

End of Year Tips for The 401(k) Plan Sponsor

With Thanksgiving done, we look to the holidays and the New Year. While many of us are busy shopping for loved ones, many businesses and individuals have their eye geared to- wards next year. As a retirement plan sponsor, you...more

Same-Sex Marriage Rulings May Pose Some Challenges for Employers

Over the past two years, there has been a sea change in the treatment of same-sex spouses under both federal and state law. Now that federal law, and the laws in 35 states and Washington, D.C., recognize marriage equality for...more

Advisors Advantage - December 2014

In This Issue: - Pearls of "Wisdom" for 401(k) Plan Providers. - Bells and whistles not being used is worse than having no bells and whistles. - The Fallout from Fee Disclosure continues. - As a 401(k)...more

GAO report shines spotlight on key issues for managed accounts in 401(k) plans

Most professionals who work in the 401(k) arena would agree that managed accounts are, on balance, a favorable development for 401(k) plan participants. However, such accounts are, in many ways, still in their infancy,...more

Pearls of “Wisdom” for 401(k) Plan Providers

I am no genius and I’m sure all of you will agree. I have only been success- ful as an ERISA attorney because of my ambition and an uncanny ability to connect with my audience even though I’m still that shy kid from Canarsie,...more

Final regulations on qualified longevity annuity contracts

An ongoing focus for the IRS and the DOL has been trying to ensure that individuals have a regular stream of income for the duration of their lives. In connection with this goal, in July of this year, the IRS released final...more

Looking for a New Acronym? Try QLAC

What's a QLAC? Effectively, it is a Qualified Longevity Annuity Contract that's owned by a traditional IRA or 401K plan....more

The Rosenbaum Law Firm Review - December 2014

In This Issue: - Stuff That Prospective 401(k) Plan Providers Tell You That's True. - An Employer's "Recipe" for having a Great Retirement Plan. - Why An Employer Can And Should Set Up A Retirement Plan...more

Stuff That Prospective 401(k) Plan Providers Tell You That’s True

When 401(k) retirement plan providers are courting you, your instinct when listen- ing to the sales pitch is that the provider is telling you only what they want you to hear. However, a good chunk of the time, they aren’t...more

Avoid the next big thing in 401(k) Litigation

ERISA litigators need to eat and once they exhausted much of the fee litigation prior to the implementation of fee disclosure, they needed something else to sink their teeth in. Then we got cases regarding using the wrong...more

Advisor's Advantage - November 2014

In This Issue: - How A Plan Provider Can Lose Clients in 7 Easy Ways - Being a long term Plan Provider can be a bad thing too - Advisors should help grow Client's assets - Be accountable as a Plan...more

Qualified Plan Distributions: IRS Issues Guidance on Allocation of After-Tax and Pretax Amounts

Lack of clarity causes frustration. The topic of how to properly allocate the pretax and after-tax amounts attributable to distributions from qualified plan accounts that include Roth 401(a) accounts or after-tax accounts has...more

What Is the Difference Between a 401(k) and an IRA?

The terms 401(k) and individual retirement account (IRA) are bandied about quite a bit when discussing retirement planning, but what are the actual differences between the two? The main distinction is that a 401(k) -- named...more

Plan participation is up, but the problems remain

The percentage of workers who participate in a retirement plan increased in 2013 for the first time since 2010, according to a report by the nonpartisan Employee Benefit Research Institute. Participation rose to 40.8...more

Lights Out for a 401(k) Investment Fund? Don't Forget the Blackout Notice Rules.

One of your company’s 401(k) investment fund options is underperforming. Or, perhaps the fund is no longer appropriate for your employees. Or, perhaps a fund’s wildly successful fund manager has jumped ship to another fund...more

Impact of Supreme Court’s Recent Actions on Employee Benefits

Did the Supreme Court legalize same-sex marriage? On October 6, 2014, the Supreme Court of the United States denied review of seven petitions challenging federal court of appeal rulings in the Fourth, Seventh, and...more

2015 Cost-of-Living Adjustments for Retirement and Other Benefit Plans

Retirement Plan Limits - The following limits apply to retirement plans in 2015: - The limit on elective deferrals under 401(k) and 403(b) plans has increased to $18,000 in 2015. - The annual limit on...more

Tax Law Blog: 2015 Retirement Plan Limits Announced

Every year, about this time, the IRS calculates the cost of living increases, and determines whether the change is enough to trigger an adjustment to the statutory limit/threshold for various areas, including retirement...more

The 2015 Retirement Plan Limits are in

The Internal Revenue Service (IRS) announced cost of living adjustments affecting dollar limitations for pension plans and other retirement-related items for tax year 2015. The elective deferral (contribution) limit...more

Advisors should help grow Client’s assets

If you are a financial advisor, more assets under management equal more money. So that means a financial advisor working in their 401(k) plan space should do their best to making sure that their Plans get bigger n the asset...more

Advisors Advantage - October 2014

Dumb Mistakes that 401(k) Financial Advisors Should Avoid - Stuff to think about. We all make mistakes, well except my mother. There are mistakes we make that we think are pretty good in hindsight, but end up...more

Inherited IRAs – The Golden Egg Loses Some of Its Sheen

The named beneficiary of an Individual Retirement Account (IRA) or Roth IRA inherits a golden egg —an asset with uniquely valuable characteristics. In June, however, the United States Supreme Court in Clark v. Rameker issued...more

Lies That Prospective Retirement Plan Providers May Tell You

When we were children, our mothers told us stories that we believed to be true because we always believed what our parents were telling us was the truth. Part of growing up is realizing that a good chunk of what your mom told...more

Some Limited Trouble with Tibble? – Supreme Court Agrees to Hear Excessive-Fee Case Involving 401(k) Plan

The U.S. Supreme Court granted certiorari on October 2, 2014 in the case of Tibble v. Edison International, for the narrow purpose of reviewing the holding by the Ninth Circuit Court of Appeals that the statute of limitations...more

Fourth Circuit Places Burden on Defendants to Disprove Loss Causation in Fiduciary Breach Cases

In Tatum v. RJR Pension Investment Committee, No. 13-1360 (August 4, 2014), a divided panel of the U.S. Court of Appeals for the Fourth Circuit held that, if the plaintiff in an ERISA fiduciary breach case proves that the...more

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