News & Analysis as of

Retirement Funds Employee Retirement Income Security Act (ERISA)

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

Coming to a Retirement Plan Near You in 2024 - Long-Term, Part-Time Employees

Beginning January 1, 2024, employers will be required to allow Long-term, part-time (LTPT) employees to make deferral contributions to qualified retirement plans that contain cash or deferred arrangements. Deferrals for LTPT...more

Poyner Spruill LLP

Year-End Round-Up

Poyner Spruill LLP on

The end of the year is fast approaching. Before calendars fill up too much with parties and PTO, now is a good time to take stock of year-end notice requirements for plan sponsors. As a quick reference, included below are...more

Dickinson Wright

What Happens to the 401(k) Plan When a Company Is Sold?

Dickinson Wright on

Administering a 401(k) plan is a team effort, requiring the expertise of HR staff, the plan’s recordkeeper, and an ERISA attorney. When a company that sponsors a 401(k) or other retirement plan sells the business, a call...more

Williams Mullen

[Event] Benefits Forum 2022: Retirement Plans - Risks, Rewards & What's Ahead - September 22nd, Richmond, VA

Williams Mullen on

This hybrid event offers two options for attendance: in-person or webinar. Both options will have an interactive experience and SHRM credit, so choose the method that works best for you. Topics include: > SECURE Act...more

Ary Rosenbaum - The Rosenbaum Law Firm P.C.

The Rosenbaum Law Firm Review - Volume 13 Issue 5

Great 401(k) Options That Aren’t A Fit For Every Plan Sponsor - When you’re trying to buy a product or service, many times you’re being oversold things that you don’t need like that extended service warranty on a cheap...more

Bracewell LLP

DOL Stance on Cryptocurrency in 401(k) Plans Becomes a Political Football

Bracewell LLP on

A recent release by the DOL raising concerns about plan sponsors allowing cryptocurrency investments in 401(k) plans has gotten the attention of both sides of the Congressional aisle as well as industry groups. Some of the...more

Ary Rosenbaum - The Rosenbaum Law Firm P.C.

Advisors Advantage - February 2022

The Don’ts Of Being A Retirement Plan Provider - I’ve never been a fan of what other people think of me, but I do care how I present myself. I can only be responsible for myself and how I treat other people including plan...more

Ary Rosenbaum - The Rosenbaum Law Firm P.C.

Don’t forget Cycle 3 Restatements

With 2022 here, don’t forget about Cycle 3....more

Ary Rosenbaum - The Rosenbaum Law Firm P.C.

The one fund family lineup Is a bad idea

You must know about the shoemakers’ children and how they go barefoot and have no shoes. In the retirement plan industry, we have retirement plan providers and their employees’ retirement plans....more

Ary Rosenbaum - The Rosenbaum Law Firm P.C.

Retirement Plan Advisors Advantage - October 2021

Some Unpleasant Truths About The Retirement Plan Business - I think the world of the retirement plan industry, but I’m the guy who likes to speak the unspeakable truths because by pinpointing what’s wrong, we can make...more

Ary Rosenbaum - The Rosenbaum Law Firm P.C.

State IRA programs spur retirement plan sponsorship

While state enacting mandatory IRA programs for employers that don’t offer retirement plans seems burdensome, I do support it, just because it increases retirement plan coverage and likely, plan sponsorship, so these...more

Jackson Lewis P.C.

Supreme Court Will Hear Case Challenging Retirement Plan Investment And Recordkeeper Fees

Jackson Lewis P.C. on

The Supreme Court recently granted the writ of certiorari requested by Northwestern University retirement plan participants, following the Solicitor General’s plea for the Court to hear the case. Hughes v. Northwestern...more

Goodwin

Department Of Labor Finalizes Regulation Requiring Fiduciary Investment Decisions To Be Based Solely On Pecuniary Factors

Goodwin on

On October 30, 2020, the Department of Labor (“DOL”) released its final amended regulation on investment duties under Section 404(a)(1)(A) and (B) of ERISA. The final regulation substantially reworks the DOL’s original...more

Burns & Levinson LLP

Division of Retirement Benefits at Divorce

Burns & Levinson LLP on

Retirement accounts and benefits can be among the most valuable assets owned by parties who are divorcing. While parties can agree within their Separation Agreement to divide retirement assets between themselves in a...more

Bowditch & Dewey

DOL Proposes New Rules for Selecting Retirement Plan Investments

Bowditch & Dewey on

If you are a member of the committee for your employer’s pension, 401(k), profit-sharing, or 403(b) plan, you should check out a set of proposed rules for selecting investments. If you have an outside investment advisor, as...more

UB Greensfelder LLP

[Webinar] What's New in the World of ERISA? - February 13th, 2:00 pm ET

UB Greensfelder LLP on

Join Ulmer on February 13 for a Live Webinar on What’s New in the World of ERISA - Journey to the world of ERISA with Cleveland Partner-in-Charge Patricia Shlonsky on February 13 at 2 p.m. (ET). During this one-hour...more

Dechert LLP

SECURE Act Passage Now Secure

Dechert LLP on

The world of benefits regulation has seen significant change lately, with the enactment of tax reform in 2017 (see “Focus on ERISA - Tax Reform Includes Benefits and Compensation Provisions”), and the rise and fall of the...more

Dechert LLP

SEC Approves Amendments to FINRA New Issue and Anti-Spinning Rules

Dechert LLP on

The Securities and Exchange Commission approved amendments to the Financial Industry Regulatory Authority New Issue Rule (Rule 5130) and Anti-Spinning Rule (Rule 5131) (collectively, Rules) on November 5, 2019...more

Holland & Hart - The Benefits Dial

Walk this way…to avoid the pitfalls of ERISA

Companies implement bonus plans to meet a variety of business objectives: retention, specific company business goals, change of control, and others. In designing bonus plans, there are a variety of legal fields that must be...more

Ary Rosenbaum - The Rosenbaum Law Firm P.C.

The problem with plan provider appearances

My local school board is run by a clique who see nothing wrong that some of their children got hired by the school district, hiring decisions approved by the board (minus the parent who abstains). The board and their minions...more

Ary Rosenbaum - The Rosenbaum Law Firm P.C.

Watch that you don’t get overpaid

I don’t believe in coincidence and when something happens twice, it’s a cause for concern. Within the past couple of months, I’ve had to deal with third party administrators (TPAs) paying ERISA §3(38) fiduciaries in excess of...more

Ary Rosenbaum - The Rosenbaum Law Firm P.C.

MFS is latest proprietary fund settlement

Massachusetts Financial Services Co. (MFS) has reached a settlement of nearly $7 million in a lawsuit alleging that the company enriched itself at the expense of its employees’ retirement savings by loading its 401(k) plans...more

Dechert LLP

How Secure Is a Securitization’s "Debt" Classification for ERISA Purposes? Pending Sub-Prime Lawsuit Asks Court to Look Through...

Dechert LLP on

The case is particularly noteworthy in that it marks the first time of which we are aware that a judicial decision (even an interlocutory one) has expressly raised the issue of whether the sponsors’ debt characterization of...more

Ary Rosenbaum - The Rosenbaum Law Firm P.C.

Review that ERISA bond, because it might not be one

All ERISA plans need an ERISA bond that protects the plan from thefts of plan assets by plan fiduciaries. ERISA requires that every fiduciary of an employee benefit plan and every person who handles plan assets be bonded. ...more

Ary Rosenbaum - The Rosenbaum Law Firm P.C.

Is University 403(b) plans the Dien Ben Phu of ERISA litigation?

Casino is an underrated movie and it had a great line on the poster that said: “no one stays on top forever.” It’s a great tagline and I find it to be true. Just look at the New York Yankees between 1965 and 1976. Dien Ben...more

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