News & Analysis as of

Retirement Plan Plan Participants

Bricker Graydon LLP

New Plan Distributions are Becoming Operational

Bricker Graydon LLP on

SECURE 2.0 provided employees better access to liquid assets during a major life crisis. We have previously discussed the domestic abuse victim distribution exemption and the emergency personal expense distribution exemption...more

Faegre Drinker Biddle & Reath LLP

The New Fiduciary Rule (6): The Fiduciary Definition of Fiduciary

The US Department of Labor has released its package of proposed changes to the regulation defining fiduciary advice and to the exemptions for conflicts and compensation for investment advice to plans, participants (including...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

Pullman & Comley - Labor, Employment and...

A New Way to Count Participants in Individual Account Retirement Plans

Employers who sponsor retirement plans for their employees face annual reporting requirements that may involve significant expenses. One of these is the requirement that a plan be audited annually by an independent qualified...more

Foley & Lardner LLP

Does the Supreme Court’s Analysis in Thole v U.S., Bank, N.A. Apply to Welfare Benefit Plans?

Foley & Lardner LLP on

In Thole v. U.S. Bank, N.A., 140 S Ct. 1615 (2020), the Supreme Court, in a five to four decision authored by Justice Kavanaugh, held that participants in an ERISA defined benefit pension plan did not have standing under...more

Seyfarth Shaw LLP

Multiple Cyber Incidents Impact Employee Benefit Plans and Participants

Seyfarth Shaw LLP on

By this point, most people in the employee benefits space have heard about the MOVEit and Retirement Clearing House (RCH) cyber incidents, which could directly impact employers’ benefit plans. The MOVEit file transfer...more

Faegre Drinker Biddle & Reath LLP

Final Changes Announced to Forms 5500 and 5500-SF

The Department of Labor (DOL) announced that it has finalized, together with the Internal Revenue Service (IRS) and Pension Benefit Guarantee Corporation (PBGC), the third and final round of revisions to the Form 5500 Annual...more

Ary Rosenbaum - The Rosenbaum Law Firm P.C.

Participants still think it’s free

I once said that I thought I lived in a great community until I joined the Facebook community newsgroups. You just can’t imagine what people think. The same can be said about some of these polls of plan participants, which...more

Ary Rosenbaum - The Rosenbaum Law Firm P.C.

Microsoft wins Blackrock TDF lawsuit

A U.S. District Court judge threw out a case against Microsoft which claimed that the BlackRock LifePath Index Funds suite of target-date funds was an imprudent investment choice for their plan participants....more

Ary Rosenbaum - The Rosenbaum Law Firm P.C.

Plan sponsor taken off 403(b) lawsuit, advisor isn’t so lucky

A plan sponsor was spared from a 403(b) lawsuit, but the advisor is still on the hook. Two plaintiffs filed a complaint in Texas federal court against their employer, Legacy Counseling Center, Inc. the plan’s manager,...more

Groom Law Group, Chartered

IRS Proposes Making Remote Notarization Permanent for Retirement Plan Elections & Consents

On December 30, the Department of Treasury (“Treasury”) and the Internal Revenue Service (“IRS”) released a notice of proposed rules relating to the use of an electronic medium for retirement plan participant elections and...more

Ary Rosenbaum - The Rosenbaum Law Firm P.C.

In 2021, people were deferring more

The Plan Sponsor Council of America’s (PSCA)65th Annual Survey of 401(k) and Profit Sharing Plans showed record savings in retirement plans. In 2021, participant and employer contribution rates combined to produce an...more

Ward and Smith, P.A.

Are Your Retirement Accounts SECURED? Action Steps for Plan Participants and IRA Owners

Ward and Smith, P.A. on

Passed by Congress in late 2019, the SECURE Act contained the most significant changes to qualified retirement plans (QRPs) and IRAs since the Pension Protection Act of 2006. Notably, the SECURE Act eliminated the...more

Littler

Top 5 Changes in the SECURE 2.0 Act for Plan Sponsors and Participants

Littler on

As part of the omnibus spending bill passed in a frenzy before the holiday break, Congress included the Securing a Strong Retirement Act of 2022 (“SECURE 2.0 Act”). This new law contains several changes that will have a...more

Skadden, Arps, Slate, Meagher & Flom LLP

$1.7 Trillion Spending Package Includes Significant Changes to Retirement Plans

On December 29, 2022, President Joe Biden signed into law the Consolidated Appropriations Act of 2023, which includes the SECURE 2.0 Act of 2022 (SECURE 2.0). SECURE 2.0 is an expansion of the Setting Every Community Up for...more

Bradley Arant Boult Cummings LLP

A Checklist for Your Retirement Plan Fiduciary Insurance Renewal

In response to the continued proliferation of lawsuits against retirement plan fiduciaries, fiduciary liability insurers are raising rates, limiting coverage, and expanding their due diligence of fiduciary processes...more

Verrill

401(k) Plan Matching Contributions: To True Up or Not True Up?

Verrill on

As a matter of plan design, for purposes of matching contributions some 401(k) plans provide that a participant’s compensation for the entire plan year is taken into account (regardless of whether the participant makes...more

Ary Rosenbaum - The Rosenbaum Law Firm P.C.

Participants will continue to make bad decisions

As the stock market remains choppy and we trying to figure out whether we are in a recession, it’s important to remember that participants will continue to make bad investment decisions....more

Ary Rosenbaum - The Rosenbaum Law Firm P.C.

Participants are panicking

When markets go south, participants fly for safety. I’m a fan of dollar cost averaging, but that’s just me and my situation as a 50-year-old with 20 years left to maybe retire....more

Harris Beach PLLC

Retirement Accounts: Much Needed Clarity Regarding the 10-Year Rule

Harris Beach PLLC on

Americans hold a considerable percentage of their wealth in retirement accounts. Recent changes to the Internal Revenue Code (the “Code”), as well as proposed regulations, have introduced new rules altering the required...more

Foley & Lardner LLP

401(k) Compliance Check #10: Magic Words – Best Practices for 401(k) Plan SPDs

Foley & Lardner LLP on

To help employers properly administer their 401(k) plans, in 2022, Foley & Lardner LLP is authoring a series of monthly “401(k) Compliance Check” newsletters. This article includes some tips for drafting a best-in- class...more

Ary Rosenbaum - The Rosenbaum Law Firm P.C.

The participant direction dilemma

The problem with offering participants direction of investments is participants themselves. As a whole, they make poor investment decisions and exhibit poor timing. So that is just another reason why Bitcoin and 401(k) plans...more

Holland & Knight LLP

Circuit Courts of Appeal Uphold Dismissal of 401(k) Fee Challenges Post-Hughes

Holland & Knight LLP on

Following the U.S. Supreme Court's decision in Hughes v. Northwestern University, courts around the country continue to articulate the pleading requirements for a breach of duty of prudence claim under the Employee Retirement...more

Faegre Drinker Biddle & Reath LLP

IRS Extends Temporary Relief from “Physical Presence” Requirement Through December 31, 2022

The IRS recently issued Notice 2022-27, providing a six-month extension of the temporary relief from the physical presence requirement for certain plan elections (including spousal consents) required to be witnessed by a plan...more

Ary Rosenbaum - The Rosenbaum Law Firm P.C.

The problem with SDBAs are still there

The federal Thrift Savings Plan will allow participants to allocate some of their assets through a self-directed brokerage account (SDBA) this summer....more

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