On October 30, 2020, the U.S. Department of Labor (the “DOL”) released a Final Rule to “provide clear regulatory guideposts for fiduciaries of private-sector retirement and other employee benefit plans in light of recent...more
11/12/2020
/ Amended Regulation ,
Department of Labor (DOL) ,
Duty of Loyalty ,
Duty of Prudence ,
Employee Benefits ,
Employee Retirement Income Security Act (ERISA) ,
Environmental Social & Governance (ESG) ,
Fiduciary ,
Fiduciary Duty ,
Investors ,
Required Documentation ,
Retirement ,
Retirement Plan ,
Retirement Plan Providers ,
Section 404
Spotlight -
U.S. Supreme Court Rules in Favor of Burr's Petition for the South Carolina Election Commission: South Carolina's Witness Requirement on Absentee Ballots is Here to Stay -
On October 5th, the Supreme Court...more
10/30/2020
/ Absentee Voting ,
Coronavirus/COVID-19 ,
H-1B ,
Health Care Providers ,
Immigration Reform ,
Infectious Diseases ,
Masks ,
OSHA ,
Political Campaigns ,
Presidential Elections ,
Retirement Plan ,
Right to Vote ,
SCOTUS ,
Wage and Hour ,
Witnesses ,
Workplace Safety
In March 2020, I posted a blog reviewing the evolution of the legal analysis applied to a retirement plan’s holding of “employer securities” under the Employee Retirement Income Security Act of 1974, as amended (“ERISA”)......more
9/28/2020
/ Breach of Duty ,
Corporate Officers ,
Disclosure Requirements ,
Duty of Prudence ,
Employee Retirement Income Security Act (ERISA) ,
Fiduciary Duty ,
Insider Information ,
Insider Trading ,
Petition for Writ of Certiorari ,
Popular ,
Retirement Plan ,
Retirement Plan Providers ,
Securities Violations
The U.S. Department of Labor (the “DOL”) recently released an information letter that concludes, if certain conditions are met, a plan fiduciary will not violate his fiduciary duties under the Employee Retirement Income...more
7/16/2020
/ 401k ,
404(c) Plans ,
Department of Labor (DOL) ,
Employee Benefits ,
Employee Retirement Income Security Act (ERISA) ,
Fiduciary Duty ,
Information Letters ,
Investment ,
Investment Adviser ,
Investment Management ,
Private Equity ,
Private Equity Funds ,
Retirement Plan
On December 20, 2019, President Trump signed the Further Consolidated Appropriations Act, 2020 (the “Appropriations Act”) that includes the “Setting Every Community Up for Retirement Enhancement Act of 2019” (the “SECURE...more
12/27/2019
/ 401k ,
Employee Benefits ,
Employee Retirement Income Security Act (ERISA) ,
Individual Retirement Account (IRA) ,
Inherited IRA ,
Investment Management ,
Multiple Employer Plan (MEP) ,
Retirement ,
Retirement Plan ,
Safe Harbors ,
SECURE Act ,
Tax Credits
Generally, a 403(b) plan is a retirement planning program whereby a public school or tax-exempt 501(c)(3) organization (including churches) makes contributions for their employees (and certain ministers) to specific types of...more
10/9/2019
/ 403(b) Plans ,
Church Plans ,
Employee Benefits ,
Employer Contributions ,
Employer Liability Issues ,
Final Rules ,
Individual Retirement Account (IRA) ,
IRS ,
Plan Documents ,
Public Schools ,
Regulatory Requirements ,
Retirement Plan ,
Tax Exempt Entities ,
Tax Extensions ,
Tax Shelters
Section 403(b) of the Internal Revenue Code of 1986, as amended (the “Code”) authorizes a type of retirement plan that can be sponsored by certain tax exempt organizations (e.g., a Code Section 501(c)(3) organization,...more
4/6/2018
/ 403(b) Plans ,
501(c)(3) ,
Benefit Plan Sponsors ,
Employee Benefits ,
Former Employee ,
Income Taxes ,
Internal Revenue Code (IRC) ,
IRS ,
Required Minimum Distributions ,
Retirement Plan ,
Tax Exempt Entities
The Internal Revenue Code (IRC) provides that distributions from certain retirement arrangements (e.g., qualified retirement plans, individual retirement accounts (IRAs), §403(a) annuity plans, §403(b) tax-sheltered...more