News & Analysis as of

401k Annuities

Mayer Brown

United States: The Long Read - Lifetime Income Products in CITs on the Rise

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As recently noted by the US Department of Labor (“DOL”), since the passage of the Employee Retirement Income Security Act of 1974 (“ERISA”), “the retirement plan landscape has changed significantly, with a shift from defined...more

Foley & Lardner LLP

Diving into SECURE 2.0: Incremental Enhancements to Encourage Defined Contribution Annuity Distribution Options

Foley & Lardner LLP on

The SECURE 2.0 Act of 2022 (SECURE 2.0) significantly changes the legal and administrative compliance landscape for U.S. retirement plans. Foley & Lardner LLP is authoring a series of articles that take a “deep dive” into key...more

Ary Rosenbaum - The Rosenbaum Law Firm P.C.

New RIA firm launched to evaluate 401(k) annuity options

I always say a retirement plan provider needs to find its niche to stand out in the retirement plan marketplace. A new firm, Annuity Research & Consulting, has been created to help 401(k) retirement plan sponsors and their...more

Kohrman Jackson & Krantz LLP

What the SECURE 2.0 Act Means for Your Retirement Savings

At the very end of 2022, President Biden signed the $1.7 trillion omnibus spending package which includes the SECURE 2.0 Act. SECURE 2.0 builds on The Setting Every Community Up for Retirement Enhancement (SECURE) Act of 2019...more

Fox Rothschild LLP

Should You Convert Your IRA/401K To An Annuity?

Fox Rothschild LLP on

This is an odd topic for a family law blog until I started to think about. Today’s on line Marketwatch website featured an article by Chris Farrell about whether retirees should consider rolling assets from defined...more

Ary Rosenbaum - The Rosenbaum Law Firm P.C.

I won’t add annuity options to 401(k) plans

When it comes to plan design, I believe in the idea of KISS: keep it simple, stupid....more

Clark Hill PLC

ERISA 401(K) And Other Defined Contribution Plans Must Add Lifetime Annuity Illustrations to Benefit Statements

Clark Hill PLC on

The Setting Every Community Up for Retirement Enhancement Act of 2019 (“SECURE Act”) amended ERISA to require ERISA-covered 401(k) and other defined contribution plans to provide two estimated lifetime income (annuity)...more

Ary Rosenbaum - The Rosenbaum Law Firm P.C.

BlackRock adding annuities to product lineup

With a push for fixed income products, there is n shock that BlackRock is putting annuities in American workers’ 401(k)Plan....more

Burr & Forman

The Countdown Begins for Lifetime Income Disclosures

Burr & Forman on

The SECURE Act of 2019 made three statutory changes to ERISA regarding lifetime income benefit payments from defined contribution plans (e.g., 401(k), 403(b), profit sharing, and money purchase pension plans). This blog will...more

Foley & Lardner LLP

401(k) Plans: The Push for Lifetime Income Options is About to Begin

Foley & Lardner LLP on

In a little more than 35 years, 401(k) plans have become the dominant employer-sponsored retirement plan. 401(k) plans place the investment risk and reward squarely on the participant. The employee’s ultimate benefit is...more

King & Spalding

The SECURE Act Reduces—But Does Not Eliminate—Litigation Risk of Offering Annuities in 401(k) Plans

King & Spalding on

On December 20, 2019, President Trump signed into law the Setting Every Community Up for Retirement Enhancement (SECURE) Act, the most important retirement legislation since the Pension Protection Act of 2006. One of the most...more

Faegre Drinker Biddle & Reath LLP

SECURE Act and Guaranteed Income (Part 2)

The introduction to my last post, SECURE Act Part 1, 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 providers. The first includes...more

Burns & Levinson LLP

The SECURE Act – Considerations for January 2020

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Often times in a divorce matter, the two biggest assets the parties have are their house and retirement accounts. While everyone was busy with the recent holiday rush, President Trump signed the SECURE Act into law as part of...more

Best Best & Krieger LLP

Ways To Correct Governmental Plan Problems

There are several tools that can be used to correct or fix governmental plan problems. First, some classification. Practically all the retirement plans we discuss are “tax-advantaged” in one form or another. However,...more

Ary Rosenbaum - The Rosenbaum Law Firm P.C.

More annuities in plans is a pause for concern

A growing number of U.S. employers are adding lifetime income solutions to their defined contribution (DC) retirement plans, according to the 2019 Lifetime Income Solutions Survey by Willis Towers Watson....more

Faegre Drinker Biddle & Reath LLP

The SECURE Act and Guaranteed Retirement Income in Plans

By now you have probably seen a number of articles about the SECURE Act (Setting Every Community Up for Retirement Enhancement Act of 2019) and its safe harbor for guaranteed retirement income in 401(k) plans. Some have...more

Bracewell LLP

SECURE Act Provisions

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Major changes in federal law are in the works that could significantly impact employers’ qualified retirement plans, which could require amending such plans to reflect mandatory and elective changes.  The U.S. House of...more

Blank Rome LLP

Why Employers Should Think Twice About Adding Annuity Payments to Their §401(K) Plan

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INTRODUCTION - Now that §401(k) plans have replaced traditional pension plans as the overwhelming type of employer-sponsored type of retirement plan, there is a growing concern that many employees are not equipped to make...more

Adler Pollock & Sheehan P.C.

Estate Planning Pitfall: You haven’t properly funded your revocable living trust

A revocable living trust is often used to complement a will. Assets transferred to the trust generally don’t have to go through the probate process, which can be time-consuming and expensive. They’re also generally protected...more

Jackson Walker

Employee Benefits Legislation Proposed (But Not Passed) by the Obama Administration

Jackson Walker on

In February of 2015, the Department of Treasury issued a reported entitled “General Explanation of the Administration’s Fiscal Year 2016 Revenue Proposals” (the “General Explanation”). The General Explanation is several...more

WilmerHale

Life and Annuity Series: Stable Value Funds

WilmerHale on

Class action plaintiffs have long claimed that insurance companies may become ERISA fiduciaries when offering variable annuity products and funds to 401(k) plans. The Colorado federal court decision in Teets v. Great...more

WilmerHale

Life and Annuity Series: Excessive Fees—Different Theory

WilmerHale on

A recent decision on "excessive fees," titled Santomenno v. Transamerica Life (C.D. Cal.), supports an even broader theory of ERISA liability than the "sub-advisor" claims I have previously reviewed, but it restricts that...more

Locke Lord LLP

Employee Benefits After Obergefell

Locke Lord LLP on

In a historic decision, the United States Supreme Court in Obergefell v. Hodges recently held that the Fourteenth Amendment of the United States Constitution requires all jurisdictions in all fifty states to: (1) license a...more

Carlton Fields

For Life Insurers and Agents – A Summary of Predicted Litigation Under the DOL’s Proposed Fiduciary Rule

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The Department of Labor’s recent Proposed Rule (the “Proposal”), which defines the term “fiduciary” as it applies to persons who provide “investment advice” to ERISA plans and IRAs, will impact the likelihood and severity of...more

Carlton Fields

Third Circuit Limits ERISA Fiduciary Liability

Carlton Fields on

Former and current annuity holders sued John Hancock Life Insurance Company in New Jersey federal court several years ago, alleging that, as a service provider to their 401(k) plans, John Hancock was an ERISA fiduciary and...more

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