News & Analysis as of

Retirement Plan 401k Recordkeeping Requirements

Proskauer - Employee Benefits & Executive...

Fifth Circuit Reverses Dismissal of 401(k) Fees Claims

The Fifth Circuit recently reversed a district court’s dismissal of claims that the fiduciaries of a 401(k) plan breached the duty of prudence under ERISA by offering participants retail share classes instead of cheaper...more

Smith Gambrell Russell

Group Health Plan Fiduciaries May Now be a Target of Lawsuits for Excessive Fees

Smith Gambrell Russell on

History of 401(k) Plan Excessive Fee Cases. Once the Department of Labor’s participant fee disclosure rules for retirement plans became effective in 2012, the plaintiffs’ bar latched onto recordkeeping and investment fees...more

Fisher Phillips

Workplace Law Forecast 2024 - Your workplace law recap for 2023 and predictions for 2024 to help you prepare for the coming year.

Fisher Phillips on

When I reflect on the relationship that our firm has with our clients, I’m most proud of the fact that you can always count on us. That often means defending complex litigation, steering you through regulatory threats,...more

Dorsey & Whitney LLP

Managed Accounts in 401(k) Plans: Their Value and Their Dangers

Dorsey & Whitney LLP on

A “managed account” is a discretionary portfolio management service that makes investment decisions for individual participants within the confines of a 401(k) plan and its fund options. This service is fundamentally...more

Foley & Lardner LLP

401(k) Compliance Check #5: Keeping 401(k) Participants Out of the Lost and Found Box

Foley & Lardner LLP on

In last month’s 401(k) Compliance Check, we discussed the variety of typical notices that a 401(k) plan must send to plan participants. In this month’s Compliance Check, we focus on the issue of how to handle a situation...more

Foodman CPAs & Advisors

U.S. Department Of Labor Has “Serious Concerns” Over 401(K) Plan’s Investments In Cryptocurrencies

The U.S. Department of Labor cautions plan fiduciaries to exercise extreme care before they consider adding a cryptocurrency option to a 401(k) plan’s investment menu for plan participants....more

Proskauer - Employee Benefits & Executive...

District Court Dismisses Investment and Recordkeeping Claims Against 401(k) Plan Fiduciaries

A Kentucky federal district court ruled that a participant in CommonSpirit Health’s 401(k) plan failed to state plausible claims for breach of fiduciary duty related to the fees and performance of actively managed target date...more

Ary Rosenbaum - The Rosenbaum Law Firm P.C.

Ascensus is acquired

One of the biggest consolidators in the third-party administration (TPA) business has found itself being acquired....more

Tucker Arensberg, P.C.

New Rule For Tracking Part-Time Hours for 401(k) Plans

Beginning this year, employers that sponsor 401(k) plans must satisfy a new requirement. 401(k) plans must allow certain part-time employees to make voluntary 401(k) contributions....more

Ogletree, Deakins, Nash, Smoak & Stewart,...

401(k) Plan Sponsors - Do You Need to Start Tracking Hours for Your Part-Time Employees?

At the end of 2019, President Donald Trump signed into law the Setting Every Community Up for Retirement Enhancement (SECURE) Act, which included a number of changes to employer-sponsored retirement plans. One change involved...more

Ary Rosenbaum - The Rosenbaum Law Firm P.C.

Free record keeping and you

Several of the large bundled providers are offering free recordkeeping for parts of next year if plan sponsors switch over to them. It might be a gimmick, but it’s clever marketing. When they are large in the 401(k) business...more

Faegre Drinker Biddle & Reath LLP

SECURE Act and Guaranteed Income (Part 3)

The introduction to my last two posts, SECURE Act Part 1 and SECURE Act Part 2, explained: There are two parts of the SECURE Act that I believe will have the greatest impact on my clients: plan sponsors and plan service...more

Faegre Drinker Biddle & Reath LLP

Best Practices for Plan Sponsors #12

Lessons Learned from Litigation (#4)—The Johns Hopkins Case - This is the twelfth in a series of articles about Best Practices for Plan Sponsors. To be clear, “best practices” are not the same as legal requirements....more

Proskauer Rose LLP

ERISA Newsletter - Third Quarter 2018

Proskauer Rose LLP on

Editor's Overview - In last quarter's Newsletter, we commented that all eyes were on President Trump's nomination to the U.S. Supreme Court, as the outcome of the appointment process can have a significant impact on the...more

Proskauer - Employee Benefits & Executive...

The Time is Right to Contact Recordkeepers About Hardship Substantiation

If your 401(k) plan recordkeeper has not talked to your company lately about hardship distributions, it may be time to reach out to the recordkeeper. The short story is that the IRS recently issued an internal memorandum...more

Ary Rosenbaum - The Rosenbaum Law Firm P.C.

The Rosenbaum Law Firm Review - January 2017

Concepts You May Not Be Aware Of As A 401(k) Plan Sponsor. Quite a few things out there. As a child, I was never taught the birds and the bees. I was actually handed some cartoon book from my parents when I was...more

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