News & Analysis as of

Retirement Plan Retirement

Ary Rosenbaum - The Rosenbaum Law Firm P.C.

You should have the plan and valuation at your finger tips

I’m old enough to remember when they would do ads for the Yellow Pages and they told you should let your finger do the walking....more

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

Supreme Court to Determine Whether Retirees Can Claim Disability Discrimination in Benefits

The Supreme Court of the United States has agreed to hear a case that will decide whether retirees can sue for disability discrimination because of changes to retiree benefit plans....more

Ary Rosenbaum - The Rosenbaum Law Firm P.C.

The end of forfeitures to reduce contributions is inevitable

Recently had a client going through an Internal Revenue Service (IRS) audit and while talking to an agent, they didn’t disagree with my theory that the idea of being able to reduce employer contributions through forfeitures...more

Ary Rosenbaum - The Rosenbaum Law Firm P.C.

Predictions In The 401(k) Space

Whether it’s a presentation or an article, predictions over the fu- ture don’t usually add up. Sure, then the 1964 World’s Fair predicted video phone calls, we all still don’t have our jet- packs, and an article on the Mets...more

Ary Rosenbaum - The Rosenbaum Law Firm P.C.

Lincoln to offer lifetime income solutions

Lincoln Financial Group announced the addition to its in-plan guaranteed income investment offerings for defined contribution retirement plans....more

Ary Rosenbaum - The Rosenbaum Law Firm P.C.

Prime Pension expands with another TPA purchase

Third Party Administrator Prime Pensions Inc. has purchased third-party administrator Valley Forge Pension Management....more

Ary Rosenbaum - The Rosenbaum Law Firm P.C.

The Essential Plan Providers Needed For A 401(k) Plan

When people are sick, especially with debilitating illnesses or diseases, it’s natural for them to travel far and wide to get the best medi- cal coverage possible. People who are ill will try to find the best medical coverage...more

Ary Rosenbaum - The Rosenbaum Law Firm P.C.

Don’t use forfeitures to reduce

There are plenty of cases out there, arguing that plan sponsors that use forfeitures to reduce employer contributions rather than paying administrative expenses are creating a fiduciary breach and a prohibited transaction....more

Ary Rosenbaum - The Rosenbaum Law Firm P.C.

The way to grow a PEP is through the state mandates

I’m all for states requiring employers to offer a retirement plan or join the state-endorsed IRA program. It increases retirement plan coverage and as a member of the 401(k) industry, it can increase the potential client...more

Ary Rosenbaum - The Rosenbaum Law Firm P.C.

Plan sponsors are happy with their advisors

Financial advisors working on 401(k) advisors have happy clients, according to a new Fidelity survey....more

Ary Rosenbaum - The Rosenbaum Law Firm P.C.

Advertising won’t fix it

Over the years, I worked with many organizations starting back with student political organizations and the school paper at Stony Brook. This includes actual businesses and civic and religious organizations. Many of these...more

Ary Rosenbaum - The Rosenbaum Law Firm P.C.

Yes, I support TPAs

When I was at law school, I was the editor-in-chief of the law school’s newsmagazine. My rise to the top probably had a lot to do with the free time I had by not making law review or any other of the law journals. I failed to...more

Ary Rosenbaum - The Rosenbaum Law Firm P.C.

Attitudes To Avoid As A 401(k) Plan Provider

People will say my humor and hon- esty can drive people away. Bring- ing up some old wounds at some law firm I worked at for about 2 years, 14 years ago, might make people uncomfortable. They may be right, but being...more

Ary Rosenbaum - The Rosenbaum Law Firm P.C.

Some Answers to Questions

As an ERISA attorney, I always have an open phone policy with plan sponsors, financial advisors, accountants, TPAs, and other attorneys from around the country on questions they may have about their plan or a client’s...more

Groom Law Group, Chartered

Student Loan Match – Repay Student Loans and Save For Retirement

On August 19, 2024, the Internal Revenue Service (“IRS”) issued Notice 2024-63 (the “Notice”) for retirement plan sponsors that provide, or may wish to provide, matching contributions based on qualified student loan payments...more

Hogan Lovells

Court rulings put implementation of Department of Labor Fiduciary Rule on hold

Hogan Lovells on

Two federal district courts in Texas have issued orders staying the implementation of the United States Department of Labor’s (DOL) 2024 Fiduciary Rule (the Final Rule) and related prohibited transaction exemption amendments....more

Ary Rosenbaum - The Rosenbaum Law Firm P.C.

Clues that it’s time for a plan review

As many of you know, I offer a Retirement Plan Tune-Up, a legal review for $750 that reviews the documentation, administration, costs, and the fiduciary process of a retirement plan....more

Ary Rosenbaum - The Rosenbaum Law Firm P.C.

In the end, it’s all about competent plan administration

While I know my discussions about payroll provider third-party administration firms (TPAs) have hit nerves (especially those that work for those firms). We can all debate whether there is a link between running payroll and...more

Ary Rosenbaum - The Rosenbaum Law Firm P.C.

The nuisance value

When I write about the need for plan sponsors to understand their responsibilities as plan fiduciaries and their potential liability if they ignore their duties, I hear the same complaints about my ideas. The complaint which...more

Ary Rosenbaum - The Rosenbaum Law Firm P.C.

An Educational Policy Statement is just paper

Any type of item that keeps you health is a good thing as long as you use it. So the floss I bought after my last checkup and the treadmill that I bought my wife a few years ago that is collecting dust are meaningless if they...more

Ary Rosenbaum - The Rosenbaum Law Firm P.C.

In Praise Of Fee Disclosure

People who didn’t sponsor a plan or weren’t involved in the retirement plan industry before 2012, think some 401(k) industry veterans like myself, are part of some multiverse when we talk about life before fee disclosure. The...more

Ary Rosenbaum - The Rosenbaum Law Firm P.C.

My Two Cents: Don’t Trust Anybody on hardship distributions

The reason I never hired an employee is because I was an employee once too. I had co-workers, many of who I couldn’t trust (I did work for a couple of law firms)....more

Nelson Mullins Riley & Scarborough LLP

Federal Court Finds Pension Plan “Established” by Hospital Authority is Exempt from ERISA

The case involves a dispute over the sponsorship and funding obligations for a pension plan formed by a Hospital Authority in Georgia. Our...more

Ary Rosenbaum - The Rosenbaum Law Firm P.C.

Advisors should play nicely with other providers

What makes a good retirement plan financial advisor? Well, it takes attention to detail, an understanding of what the role to entails, and dedication to the client. In addition, what I find is the way a good financial advisor...more

Ary Rosenbaum - The Rosenbaum Law Firm P.C.

ERISA is 50

The Employee Retirement Income Security Act (ERISA) turns 50 this year and I didn’t buy them a gift or a cake....more

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