News & Analysis as of

Profit Sharing Employee Retirement Income Security Act (ERISA)

Holland & Hart - The Benefits Dial

Both Sides Now… Must Be Alert to Cybersecurity

by Becky Achten New guidance from the Employee Benefits Security Administration (EBSA) affirms that both sides—retirement plans and welfare plans—must take steps to secure participant data from cybercrime. In 2021 the...more

Ary Rosenbaum - The Rosenbaum Law Firm P.C.

Bessemer Trust Company is latest proprietary fund/ 401(k) plan sponsors defendant

When you’re a plan sponsor and you run your own proprietary mutual fund business and have your 401(k) plan invest in said funds, expect to be sued....more

Jackson Lewis P.C.

Second Circuit: Investment Advisor Not Covered By Plaintiff’s Employment Arbitration Agreement

Jackson Lewis P.C. on

The U.S. Court of Appeals for the Second Circuit recently concluded that investment advisor Ruane Cunniff & Goldfarb must face a proposed class action under ERISA Section 502(a)(2) for breach of fiduciary duty relating to its...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

Ary Rosenbaum - The Rosenbaum Law Firm P.C.

Some random thoughts on the retirement plan business

1. Cost is an overused consideration for picking plan providers, value and quality are underused. 2. Target benefit plans are the Boo Berry Cereal of retirement plans. You know they exist, but you rarely see them....more

Williams Mullen

PODCAST: Recruiting and Retention: Can Your 401K Make a Difference?

Williams Mullen on

On this joint edition of Williams Mullen's Benefits Companion and GovCon Perspectives podcasts, Brydon DeWitt is joined by special guest Carl Grund, a financial advisor with Signature Financial Partners in Tysons, Va. Brydon...more

Burr & Forman

DOL Updates Guidance on Proxy Voting by Plan Fiduciaries

Burr & Forman on

On December 29, 2016, the U.S. Department of Labor (the “DOL”) released Interpretive Bulletin 2016-1 (“IB 2016-1”) relating to the voting of proxies on securities held in employee benefit plans. IB 2016-1 withdraws the...more

Ary Rosenbaum - The Rosenbaum Law Firm P.C.

The DOL Script

I had a client who had been undergoing a Department of Labor (DOL) audit. Their mistake? Years ago, a former participant asked for a distribution from this trustee directed profit sharing plan (so no 401(k)) and my client...more

Stinson - Benefits Notes Blog

A Bad Deed is Not Entirely Unpunished

Richard Thomas embezzled nearly $20,000,000 from his employer. The employer then kept Thomas’s profit sharing account of about $21,000 as an offset against the embezzled amount. Of course, this violated ERISA’s...more

Proskauer - Employee Benefits & Executive...

Ninth Circuit: Spousal Consent Not Required Under Top-Hat Plans

The Ninth Circuit held that a participant’s brother, rather than his spouse, was the proper beneficiary of benefits under a profit sharing plan. In so holding, the Court found that: (a) the participant’s first wife, who was...more

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