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Missing Participants – New State Unclaimed Property Fund Option for Small Balances

On January 14, 2025, the DOL issued Field Assistance Bulletin (FAB) 2025-01, providing sponsors and administrators of ongoing defined contribution plans with a new option for missing participant balances of $1,000 or less:...more

New Guidance: Emergency Personal Expense And Domestic Abuse Victim Distributions

Of interest to 401(k) plan sponsors and administrators, the IRS recently issued Notice 2024-55, providing guidance on SECURE 2.0’s new exceptions—effective January 1, 2024—to the additional 10% tax on early qualified...more

Corporate Transactions and Workplace Law: An Indispensable Alliance [Audio]

When it comes to consolidations and restructurings, in-house counsel and the corporate law firms that support them have competing priorities to further a company's business objectives and mitigate legal risk. Labor and...more

Eighth Circuit: Procedural Irregularity Not a “Gateway” to De Novo Review of Administrator’s Decision to Deny Benefits

In McIntyre v. Reliance Standard Life Insurance Company, 972 F.3d 955 (8th Cir. 2020), the United States Court of Appeals for the Eighth Circuit clarified the standard of review to apply where there has been a denial of...more

When To Amend: Deadline For Compliance With Hardship Distribution Regulations Clarified

The Bipartisan Budget Act of 2018 and the Tax Cuts and Jobs Act of 2017 liberalized the hardship distribution rules applicable to 401(k) and 403(b) plans. On September 23, 2019, the IRS issued final regulations — which we...more

To Withhold Or Not To Withhold On Pension Distributions: A New Proposed Regulation Clarifies Obligations

On May 31, the IRS issued a proposed regulation — presented in Q & A format — concerning income tax withholding obligations on non-rollover distributions from employer-sponsored plans — including pension, annuity, profit...more

Financial Conflict Of Interest In The Eighth Circuit: Trigger Of A Less Deferential Standard Of Review Or Mere Factor In...

It is well-established under the Employee Retirement Income Security Act of 1974 (“ERISA”) that when an employee benefit plan grants the plan administrator discretion to decide questions of eligibility for benefits or to...more

Employer Health Plan Premiums Rose In 2016, But Just Barely

Premiums for Affordable Care Act (ACA) marketplace coverage continue to sky rocket, with the average cost of a benchmark plan in the individual market place rising 20% this year. There is very different news for...more

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