News & Analysis as of

401k Multiple Employer Plan (MEP)

Dorsey & Whitney LLP

Excessive Recordkeeping Fee Claim Squeaks by a Motion to Dismiss

Dorsey & Whitney LLP on

A federal court in Wisconsin recently allowed a putative ERISA class action in Lucero v. Credit Union Ret. Plan Ass’n to proceed to discovery on the claim that a 401(k) plan paid excessive recordkeeping fees. This decision...more

Tarter Krinsky & Drogin LLP

What You Need to Know About The Secure Act 2.0

On December 29, 2022, President Biden signed into law the long-awaited Secure Act 2.0 of 2022 (Secure Act 2.0 or the Act), adding another round of major retirement plan changes to those made by the first Setting Every...more

Ary Rosenbaum - The Rosenbaum Law Firm P.C.

DOL announces Form 5500 changes

The Department of Labor (DOL) announced changes to Form 5500. For Multiple Employer Plans (MEPs), new codes have been added to Line 8a of Part II to identify different types of MEPs, such as pooled employer plans,...more

McDermott Will & Emery

Weekly IRS Roundup March 20 – March 26, 2022

McDermott Will & Emery on

Presented below is our summary of significant Internal Revenue Service (IRS) guidance and relevant tax matters for the week of March 20, 2022 – March 26, 2022... March 21, 2022: The IRS issued Revenue Ruling 2022-07,...more

Ary Rosenbaum - The Rosenbaum Law Firm P.C.

Changes to 5500 reflect PEP requirements

The Department of Labor’s Employee Benefits Security Administration (EBSA) released their final revisions to the Form 5500 and the Form 5500-SF Short Form Annual Return/Report of Small Employee Benefit Plan for the 2021 plan...more

Ary Rosenbaum - The Rosenbaum Law Firm P.C.

Big enough, they’ll be a target

Whether it’s a single employer plan, a multiple employer plan (MEP), a pooled employer plan (PEP), or a plan provider, they can always be a target for ERISA litigation....more

Ary Rosenbaum - The Rosenbaum Law Firm P.C.

Coca-Cola MEP sued

Multiple employer plans (MEPs) have become larger targets for litigation when they achieve a plan of substantial size....more

Ary Rosenbaum - The Rosenbaum Law Firm P.C.

Bill to expand MEPs to 403(b) plans introduced

I rarely talk about legislation because so many bills over the years get proposed with zero action by Congress. It took more than 4 years for Roth 401(k) plans to be a thing. However, I want to take time to talk about...more

Ary Rosenbaum - The Rosenbaum Law Firm P.C.

Some of the hubbub over PEPs is nonsense

In terms of the 401(k) plan business, I think the hype over pooled employer plans (PEP) will be the most over hype since the release of Crystal Pepsi....more

Ary Rosenbaum - The Rosenbaum Law Firm P.C.

Retirement Plan Advisors Advantage - November 2020

I'm a big fan of business history when it comes to brilliant business moves, as well as some pretty awful ones. In terms of bad business decisions, I always find it amusing when I can spot one when it's made and I could see...more

Ary Rosenbaum - The Rosenbaum Law Firm P.C.

Pentegra MEP sued

If you become big enough, you can get sued. That is the lesson I tell everyone when someone mentions to me when a large plan provider or a large plan gets sued. Jerry Schlicter’s law firms has targeted the Pentegra Defined...more

Bowditch & Dewey

Are Pooled Employer Plans Right for You?

Bowditch & Dewey on

If you’re a small employer with a 401(k) plan, you might save some money and provide a more professional level of administrative support by joining a Pooled Employer Plan (PEP). Unrelated employers have always been able to...more

Seyfarth Shaw LLP

Ending Social Distancing for Small Employer 401(k) Plans – DOL Asks for Suggestions on MEP and PEP Guidance

Seyfarth Shaw LLP on

Seyfarth Synopsis: A key component of the SECURE Act, passed at the end of 2019, was the expansion of opportunities to combine the 401(k) plan assets of multiple unrelated employers. ...more

Ary Rosenbaum - The Rosenbaum Law Firm P.C.

MEPs are more expensive according to a study

The intention of multiple employer plans is that for the small plan market, their fees should be lower than single-employer plans. According to a paper by Natalya Shnitser, assistant professor at Boston College Law School, it...more

Ary Rosenbaum - The Rosenbaum Law Firm P.C.

ADP MEP Sued

When your plan becomes big enough, you become a target. A lawsuit was filed in New Jersey Federal Court by McCaffree Financial Corp., a participating employer of the ADP TotalSource Retirement Savings Plan...more

Ary Rosenbaum - The Rosenbaum Law Firm P.C.

You can’t sell Betamax in a world of VHS

A plan provider once asked me if I had written a full-blown article on why trustee directed 401(k) plans are better than participant-directed plans. I haven’t even if I believed in it (which I do), but it’s not going to get...more

Ary Rosenbaum - The Rosenbaum Law Firm P.C.

The Fear About PEPs

I am a proponent of multiple employer plans (MEPs) and the new change that will allow pooled employer plans (PEPs) that will be what we called an Open MEP in 2021. As discussed in other posts, the PEP change doesn’t change...more

Ary Rosenbaum - The Rosenbaum Law Firm P.C.

The threat of plan disqualification

In the movie Casino, Robert Deniro’s character Lefty Rosenthal warns Joe Pesci’s character Nicky Santoro that his actions will get him into the Gaming Control Board’s “Black Book”, which means he would be banned from all...more

Troutman Pepper

The SECURE Act: Significant Changes for Retirement Plans and IRAs

Troutman Pepper on

Pepper Hamilton partner Paul L. Porretta and Troutman Sanders partner Mamta K. Shah recently hosted a webinar to discuss the Setting Every Community Up for Retirement Enhancement Act of 2019, better known as the SECURE Act,...more

Ary Rosenbaum - The Rosenbaum Law Firm P.C.

Per head charges are eye popping in MEP case

National Rural Electric Cooperative Association (NRECA) is a national service organization that represents more than 1,000 rural electric cooperatives around the United States. NRECA sponsors a 401(k) multiple employer plan...more

Sullivan & Worcester

Employment & Benefits News and Developments - January 2020

Sullivan & Worcester on

The SECURE Act: What It Is And What It Is NOT - As part of a large year-end piece of legislation, the provisions known as the Setting Every Community Up for Retirement Security Act (the “SECURE Act”) were enacted into...more

Wilson Sonsini Goodrich & Rosati

The SECURE Act Impacts Retirement Plans

The Setting Every Community Up for Retirement Enhancement (SECURE) Act was signed into law late last month and makes significant positive changes impacting retirement plans. Many of the provisions are effective today, so...more

Faegre Drinker Biddle & Reath LLP

SECURE Act and Guaranteed Income (Part 1)

There are two parts of the SECURE Act that I believe will have the greatest impact on plan sponsors and service providers. • The first part includes the provisions on retirement income, including the safe harbor for...more

Proskauer - Employee Benefits & Executive...

New Year, New World: A Short Guide to the SECURE Act for Retirement Plan Sponsors and Administrators

The SECURE Act, included as part of the Further Consolidated Appropriations Act, 2020, was signed into law on December 20, 2019. This new law contains many significant changes that may impact employer-sponsored benefit plans....more

Stinson - Benefits Notes Blog

SECURE Act Includes Retirement Plan Changes, Some Effective Immediately

On December 19, 2019, the President signed the SECURE Act. SECURE includes, among other things, provisions that are intended to make retirement plans more accessible, especially to smaller employers, address changing...more

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