News & Analysis as of

401k Plan Participants Employee Benefits

Ary Rosenbaum - The Rosenbaum Law Firm P.C.

The Road to Hell… and Retirement Plans

One of my favorite sayings is: “The road to hell is paved with good intentions.” To me, it’s a reminder that even when we mean well, things don’t always turn out the way we hoped....more

Ary Rosenbaum - The Rosenbaum Law Firm P.C.

Trump Executive Order to broaden 401(k) access to private equity and Crypto, fiduciaries beware

I love Bitcoin. I love private equity. They’re two of my favorite investments, personally. But when it comes to 401(k) plan participants? I hate them. Not because the asset classes themselves are bad, they’re not. But because...more

Faegre Drinker Biddle & Reath LLP

Second Circuit Adopts “Meaningful Benchmark” Pleading Standard in ERISA Cases

In Singh v. Deloitte LLP, et al., No. 23-1108, 2024 WL 5049345 (2d Cir. Dec. 10, 2024), the Second Circuit Court of Appeals upheld a district court’s dismissal of a complaint alleging that plan fiduciaries caused an...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

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.

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

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

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

Fisher Phillips

New Senate Bill Would Protect Crypto 401(k) Investments

Fisher Phillips on

After federal officials fired a shot across the bow of the crypto world by strongly criticizing the practice of including cryptocurrency as a 401(k) investment option, a new proposal introduced in the U.S. Senate last week...more

Proskauer - Employee Benefits & Executive...

District Court Declines to Dismiss 401(k) Fee Litigation Case in First Decision Post-Hughes

In the first decision since the Supreme Court’s ruling in Hughes v. Northwestern Univ., No. 19-1401, 595 U.S. ___ (U.S. Jan. 24, 2022), a Georgia federal district court held in favor of plaintiffs and declined to dismiss...more

Ary Rosenbaum - The Rosenbaum Law Firm P.C.

The good old days are gone

In the good old days of participant-directed 401(k) plans, a good chunk of financial advisors did very little work for the plans that they advised. Many of them sat back, collected their trail or asset-based fee, and maybe...more

Ary Rosenbaum - The Rosenbaum Law Firm P.C.

Make it easy for plan participants to understand

Less is more, I believe that. As an attorney in an occupation where most attorneys charge by the hour and believe more is more, I am an outlier. ...more

Goodwin

ERISA Litigation Update - October 2021

Goodwin on

Welcome to Goodwin’s ERISA Litigation Update. Litigation involving ERISA-governed benefits plans has exploded in recent years. Lawyers in our award-winning ERISA Litigation practice have extensive experience litigating these...more

Buchalter

EPCRS Provides More Retirement Plan Self-Correction Opportunities  

Buchalter on

On July 16, 2021 the IRS issued Revenue Procedure 2021-30, which modifies and supersedes Revenue Procedure 2019-19, expanding the Employee Plans Compliance Resolution System (“EPCRS”). EPCRS is a program for correcting...more

Ary Rosenbaum - The Rosenbaum Law Firm P.C.

The Rosenbaum Law Firm Review - March 2021

The Godfather Rules And Your 401(k) Plan - Two of my favorite movies of all time are The Godfather and The Godfather Part II. I’m even a fan of The Godfather Part III, despite some of the unwarranted criticism. It’s more...more

Kelley Drye & Warren LLP

DOL Issues Guidance on Missing Participants for Retirement Plans

On January 12, 2021, the Department of Labor (DOL) issued long-awaited guidance for retirement plan fiduciaries that is relevant to any employer who sponsors a retirement plan that is subject to the fiduciary requirements of...more

Carlton Fields

Supreme Court Won’t Review Key ERISA Case: A Boost for Index Funds?

Carlton Fields on

In January, the U.S. Supreme Court denied review of a case in which Putnam Investments is alleged by plan participants to have breached its fiduciary duty under ERISA by automatically including higher-cost, actively managed...more

Proskauer - Employee Benefits & Executive...

SECURE Act: Considering Implications of Changes to Required Minimum Distribution Rules

As previewed in our prior blog post, the recently enacted SECURE Act includes many changes that affect employer-sponsored benefit plans and require the attention of plan administrators. Among these changes, effective for...more

Conn Kavanaugh

Important Changes in Retirement Planning

Conn Kavanaugh on

The holiday season is always a busy and eventful time, so you may have missed a new law that can impact how you plan for your retirement assets. On December 20, 2019, as part of a more comprehensive appropriations act, the...more

Cozen O'Connor

Five Ways to Simplify Your Employee Benefit Plan Administration For 2020 and Beyond

Cozen O'Connor on

As we get ready for 2020 (and beyond) here are five hot employee benefits ideas to implement in order to make your employee benefit plan administration easier...more

Ary Rosenbaum - The Rosenbaum Law Firm P.C.

Average Deferral Rates at a Ten-Year High

T. Rowe Price has released its annual participant data benchmarking report, which shows mixed results for participants in 2018....more

Ary Rosenbaum - The Rosenbaum Law Firm P.C.

Never lose sight that a 401(k) plan can recruit or retain employees

While plan providers tell 401(k) plan sponsors such as yourselves that you need to focus on fee and fiduciary issues, you should never lose sight of the fact that a 401(k) plan is an employee benefit....more

Perkins Coie

IRS Charts a Path to a 401(k) Plan Student Loan Feature—Will Plan Sponsors Follow?

Perkins Coie on

The IRS released a private letter ruling on August 17, 2018, in which it approved a student loan repayment benefit that was connected to an employer’s contributions to its 401(k) plan. Though the IRS’s ruling applies only to...more

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