News & Analysis as of

Retirement Plan Retirement Benefit Plan Sponsors

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

Supreme Court to Determine Whether Retirees Can Claim Disability Discrimination in Benefits

The Supreme Court of the United States has agreed to hear a case that will decide whether retirees can sue for disability discrimination because of changes to retiree benefit plans....more

Ary Rosenbaum - The Rosenbaum Law Firm P.C.

Predictions In The 401(k) Space

Whether it’s a presentation or an article, predictions over the fu- ture don’t usually add up. Sure, then the 1964 World’s Fair predicted video phone calls, we all still don’t have our jet- packs, and an article on the Mets...more

Ary Rosenbaum - The Rosenbaum Law Firm P.C.

The Essential Plan Providers Needed For A 401(k) Plan

When people are sick, especially with debilitating illnesses or diseases, it’s natural for them to travel far and wide to get the best medi- cal coverage possible. People who are ill will try to find the best medical coverage...more

Ary Rosenbaum - The Rosenbaum Law Firm P.C.

Don’t use forfeitures to reduce

There are plenty of cases out there, arguing that plan sponsors that use forfeitures to reduce employer contributions rather than paying administrative expenses are creating a fiduciary breach and a prohibited transaction....more

Ary Rosenbaum - The Rosenbaum Law Firm P.C.

Plan sponsors are happy with their advisors

Financial advisors working on 401(k) advisors have happy clients, according to a new Fidelity survey....more

Ary Rosenbaum - The Rosenbaum Law Firm P.C.

Yes, I support TPAs

When I was at law school, I was the editor-in-chief of the law school’s newsmagazine. My rise to the top probably had a lot to do with the free time I had by not making law review or any other of the law journals. I failed to...more

Ary Rosenbaum - The Rosenbaum Law Firm P.C.

Attitudes To Avoid As A 401(k) Plan Provider

People will say my humor and hon- esty can drive people away. Bring- ing up some old wounds at some law firm I worked at for about 2 years, 14 years ago, might make people uncomfortable. They may be right, but being...more

Ary Rosenbaum - The Rosenbaum Law Firm P.C.

Some Answers to Questions

As an ERISA attorney, I always have an open phone policy with plan sponsors, financial advisors, accountants, TPAs, and other attorneys from around the country on questions they may have about their plan or a client’s...more

Ary Rosenbaum - The Rosenbaum Law Firm P.C.

Clues that it’s time for a plan review

As many of you know, I offer a Retirement Plan Tune-Up, a legal review for $750 that reviews the documentation, administration, costs, and the fiduciary process of a retirement plan....more

Ary Rosenbaum - The Rosenbaum Law Firm P.C.

In the end, it’s all about competent plan administration

While I know my discussions about payroll provider third-party administration firms (TPAs) have hit nerves (especially those that work for those firms). We can all debate whether there is a link between running payroll and...more

Ary Rosenbaum - The Rosenbaum Law Firm P.C.

The nuisance value

When I write about the need for plan sponsors to understand their responsibilities as plan fiduciaries and their potential liability if they ignore their duties, I hear the same complaints about my ideas. The complaint which...more

Ary Rosenbaum - The Rosenbaum Law Firm P.C.

In Praise Of Fee Disclosure

People who didn’t sponsor a plan or weren’t involved in the retirement plan industry before 2012, think some 401(k) industry veterans like myself, are part of some multiverse when we talk about life before fee disclosure. The...more

Ary Rosenbaum - The Rosenbaum Law Firm P.C.

My Two Cents: Don’t Trust Anybody on hardship distributions

The reason I never hired an employee is because I was an employee once too. I had co-workers, many of who I couldn’t trust (I did work for a couple of law firms)....more

Ary Rosenbaum - The Rosenbaum Law Firm P.C.

Advisors should play nicely with other providers

What makes a good retirement plan financial advisor? Well, it takes attention to detail, an understanding of what the role to entails, and dedication to the client. In addition, what I find is the way a good financial advisor...more

Laner Muchin, Ltd.

IRS Finalizes Required Minimum Distribution Regulations

Laner Muchin, Ltd. on

The IRS recently published its final regulations addressing changes to Tax Code Section 401(a)(9), relating to required minimum distributions (RMDs), under the Setting Every Community Up for Retirement Enhancement Act of 2019...more

Ary Rosenbaum - The Rosenbaum Law Firm P.C.

401(k) Plan Sponsors, This Is Your Wakeup Call

One of the great things about my iPhone is the alarm that serves as my wake-up call, whether at home or on the road. When it comes to being a retirement plan sponsor, employers never had a wake-up call about their fiduciary...more

Ary Rosenbaum - The Rosenbaum Law Firm P.C.

Plan Sponsors Should Get Their Own Football

When I was in college in the early 1990s, I was heavily involved in student politics. I would go and buy things that made me look important even when I wasn’t. I got the beeper that no one called and I had one of those...more

Ary Rosenbaum - The Rosenbaum Law Firm P.C.

This Stuff Won’t Help You Limit Your 401(k) Plan Sponsor Liability

Ihave tried Chromium Picolinate for the last 25 years and I didn’t think it makes me lose weight and that Vitamin C hasn’t stopped a cold. The same can be said about statin supplements that haven’t lowered my Cholesterol....more

Ary Rosenbaum - The Rosenbaum Law Firm P.C.

How To Make Your Life Easier As A 401(k) Plan Sponsor

Life is hard, so is being a 401(k) plan sponsor. It’s a challenging job and there are many ways you can limit those challenges. There are opportunities to make your life easier as a plan sponsor, but you need to know what it...more

Pullman & Comley, LLC

It’s Not Spam: Why Your Retirement Plan Vendor May Be Trying to Get Your Attention (and Why You Should Respond)

Pullman & Comley, LLC on

The Secure 2.0 Act of 2022 authorizes numerous new provisions that employers can choose to include or exclude in the retirement plans they sponsor. Recently, retirement plan vendors (vendors) have been sending communications...more

Ary Rosenbaum - The Rosenbaum Law Firm P.C.

The Guiding Light For 401(k) Plan Providers

If you’re lucky, there was someone in your life who taught you right from wrong. For most of us, that would be our parents. For me, it was my grandmoth- er Rozalia Berla. When I stopped listening to my parents and started...more

Ary Rosenbaum - The Rosenbaum Law Firm P.C.

The problem with participation agreements

A 401(k) plan with multiple participating employers hosts several problems. The first is recognizing any control group or affiliated service group rules that treat such a plan for compliance purposes as a single plan or a...more

Ary Rosenbaum - The Rosenbaum Law Firm P.C.

The Plan Sponsor Guide To Setting Up A 401(k) Plan Committee

Being a retirement plan sponsor can be a bit overwhelming and one of the major reasons that retirement plans are mismanaged is a lack of manage- ment. Retirement plan committees, regard- less of the size of the plan sponsor...more

Ary Rosenbaum - The Rosenbaum Law Firm P.C.

Plan Provider Marketing That You Should Tune Out As A 401(k) Sponsor

As a solo ERISA attorney am try- ing to sift through the emails, robo calls, and LinkedIn invita- tions from people who are trying to sell me something. I’m a big fan of good marketing and most of what I see sucks. Whether...more

Ary Rosenbaum - The Rosenbaum Law Firm P.C.

Plan provisions that every 401(k) plan should have

I probably have drafted and amended thousands of plans over the years and every plan has its little quirks. When it comes to plan design, I have always believed that some of the bundled providers have it wrong. There is no...more

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