News & Analysis as of

Retirement

Ary Rosenbaum - The Rosenbaum Law Firm P.C.

Forfeitures cases will continue until they get thrown out

Federal court cases are a game, like chess. You file a complaint, you fight the inevitable motion to dismiss, and once you survive that, you either settle or take the chances with the case and see if the defendants settle...more

Ary Rosenbaum - The Rosenbaum Law Firm P.C.

State mandates will spur private plans

I don’t need studies to tell me that States with mandated SIMPLE IRA programs for employers who don’t have a plan will spur the adoption of private retirement plans. There is no crowd in effect, the fact is that people are...more

Kelley Drye & Warren LLP

Colgate-Palmolive 401(k) Theft Case Settles on Undisclosed Terms, Leaving Open Questions

Many who work with defined contribution plan administrators and consult plan sponsors on their ERISA fiduciary duties have been carefully monitoring Disberry v. Employee Relations Committee of the Colgate-Palmolive Company...more

Morgan Lewis

China Announces Plan to Gradually Increase Statutory Retirement Age

Morgan Lewis on

China has released its plan to raise the statutory retirement age for male and female employees. The increase will start to gradually take effect from January 1, 2025. The ultimate retirement age set by statute will continue...more

Ary Rosenbaum - The Rosenbaum Law Firm P.C.

If you’re consistently losing clients, you should look in the mirror

There is always that line that you’re hired to be fired. No matter how great you are as a plan provider, you will certainly get fired by a client if you haven’t already....more

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

Proskauer Rose LLP

Wealth Management Update - September 2024 - 2

Proskauer Rose LLP on

September 2024 AFRs and 7520 Rate - The September 2024 Section 7520 rate for use with estate planning techniques such as CRTs, CLTs, QPRTs and GRATs is 4.8%, a decrease from the August 2024 rate of 5.2%. The September...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

Proskauer - Employee Benefits & Executive...

Interaction between COBRA and Medicare in C-Suite Executive Severance and Retirement Arrangements

Both companies and their C-suite executives should be mindful of the interactions between COBRA and Medicare and their implications when negotiating a severance or retirement arrangement. This is because Medicare enrollment...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

The Wagner Law Group

Retirement Security Rule Stayed

The Wagner Law Group on

July 25 was not a good week for the Department of Labor (“DOL”) in Texas. On July 25, the District Court for the Eastern District of Texas, in a civil action filed by the Federation of Americans for Consumer Choice, placed a...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

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