News & Analysis as of

401k Retirement Plan

Ary Rosenbaum - The Rosenbaum Law Firm P.C.

The DOL is Right to Scrap the Annuity Safe Harbor

The Insured Retirement Institute (IRI) is once again carrying water for the annuity industry, this time urging the Department of Labor to retain a regulatory safe harbor that’s already obsolete. The safe harbor in question,...more

Keating Muething & Klekamp PLL

Benefits Monthly Minute - August 2025

The August Monthly Minute brings you the latest guidance on ERISA retirement plan investment in alternative assets and highlights a recent ruling in mental health parity nonquantitative treatment limitation (NQTL) litigation....more

Ary Rosenbaum - The Rosenbaum Law Firm P.C.

Small Employers + PEPs: The DOL Wants Your Input

The Department of Labor’s Employee Benefits Security Administration (EBSA) just dropped an RFI (RIN 1210–AC10) and some limited guidance on pooled employer plans (PEPs), asking for public input, especially from small...more

Ary Rosenbaum - The Rosenbaum Law Firm P.C.

Private Equity in 401(k) Plans? Tread Carefully

Word on the street is that President Trump plans to issue an executive order promoting private equity and other private investments in 401(k) plans. While he can’t mandate it, he can certainly nudge it, and that’s exactly...more

Snell & Wilmer

Ninth Circuit Weighs Employer’s Use of Non‑Vested 401(k) Funds

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What can employers do with non-vested employer contributions? Under the Employee Retirement Income Security Act of 1974 (“ERISA”), employers may require an employee to work for a set number of years before any company...more

Hall Benefits Law

President Signals Policy Shift With High Stakes for 401(k) Plans

Hall Benefits Law on

On August 7, 2025, the Trump administration issued an executive order directing federal agencies to broaden retirement plan participants’ access to alternative assets—including cryptocurrency, private equity, private credit,...more

Ary Rosenbaum - The Rosenbaum Law Firm P.C.

Just Push Play: The Fiduciary Reality Check For 401(k) Plan Sponsors

I t was 2001 when Aerosmith dropped Just Push Play, and while it was no Rocks or Toys in the Attic, it packed a punch. That title track? A distorted, energetic anthem about dropping the hesitation and just going forward. No...more

Ary Rosenbaum - The Rosenbaum Law Firm P.C.

Let Young Workers Save—It’s About Time

If you’re old enough to flip burgers, serve coffee, or serve your country at 18, you should be able to save for retirement too....more

Carlton Fields

Painting Outside the Lines: New Strokes in ERISA Forfeiture Litigation

Carlton Fields on

ERISA forfeiture class action litigation has continued to see various developments and potential new theories emerging in 2025. As Carlton Fields has previously reported, starting in late 2023, a new trend of lawsuits emerged...more

Fox Rothschild LLP

Trump Executive Order Calls for Review of Alternative Assets in 401(k) Plans

Fox Rothschild LLP on

President Trump has issued an Executive Order (EO) that could reshape how alternative assets are treated in defined contribution retirement plans. The directive requires the Department of Labor (DOL) to revisit its past...more

Haynes Boone

DOL Rescinds its Prior Guidance on Alternative Assets in 401(k) Plans

Haynes Boone on

On August 12, 2025, the DOL issued a press release (the “Release”) announcing that it is rescinding its prior guidance regarding the use of alternative assets as an investment option under a 401(k) plan’s investment menu....more

Seyfarth Shaw LLP

Gone But Not Forgotten: How to Handle Final Pay and Benefits When an Employee Passes Away, Part 2

Seyfarth Shaw LLP on

Benefits and Beyond: What Happens to PTO, Health Insurance, Retirement Plans, and other Benefits?...more

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.

Happy Clients Never Leave

In the retirement plan business, I’ve watched too many plan providers obsess over competitors—who’s stealing clients, who’s lowering fees, who’s suddenly offering “cutting-edge” solutions. But here’s the truth: if a plan...more

Brownstein Hyatt Farber Schreck

Trump Administration Begins Swift Implementation of 401(k) EO

The Trump administration is moving quickly to implement the president’s Aug. 7 executive order (EO) to expand retirement savers’ access to alternative investments in private markets through defined contribution (DC) plans,...more

Ary Rosenbaum - The Rosenbaum Law Firm P.C.

Mission Possible: How 401(k) Plan Sponsors Can Handle Fiduciary Liability Like A Pro

Tom Cruise doesn’t age, and apparently neither do the problems that plague 401(k) plan sponsors. The plotlines may change—market volatility, regulation updates, SECURE 2.0—but one thing remains constant: fiduciary liability...more

Jackson Lewis P.C.

Countdown to Compliance: What Employers Need to Know About New York’s Secure Choice Savings Program

Jackson Lewis P.C. on

New York has officially joined the growing list of states requiring certain private employers to offer retirement savings options. The New York Secure Choice Savings Program (Secure Choice or the Program) is moving closer to...more

Patterson Belknap Webb & Tyler LLP

Pooled Employer Plans: DOL Issues New Interpretive Guidance and Tips for Employers

On July 29, 2025, the Department of Labor (the “DOL”) published limited interpretive guidance regarding pooled employer plans, or “PEPs,” in the Federal Register (the “New Guidance”). Although PEPs are available to all sizes...more

Foley & Lardner LLP

Tricky Compliance Issues for Companies When an Executive Terminates Employment: Post-Termination Benefit Promises

Foley & Lardner LLP on

Executive employment relationships are rarely permanent. When an executive or other senior-level employee terminates employment, companies often must deal with difficult tax, equity, and benefits issues that arise in...more

McDermott Will & Schulte

Trump EO seeks to expand access to alternative investments in retirement plans

On August 7, 2025, President Trump issued an executive order titled “Democratizing Access to Alternative Assets for 401(k) Investors.” The order seeks to clarify the obligations of Employee Retirement Income Security Act...more

Ary Rosenbaum - The Rosenbaum Law Firm P.C.

Why I Love Bitcoin—But Still Don’t Want It in Your 401(k)

Let me start with a confession: I love Bitcoin. I admire what it represents—decentralization, monetary freedom, borderless transactions, and the kind of disruption that makes traditional finance sweat. I hold it, I follow it,...more

Ary Rosenbaum - The Rosenbaum Law Firm P.C.

When 401(k) Contributions Disappear: The Harsh Lessons of Micone v. iProcess Online, Inc.

You can cut corners in business. You can play fast and loose with your vendor contracts. You can even get away with sloppy recordkeeping—at least for a while. But when you mess with employee 401(k) contributions, you’re not...more

ArentFox Schiff

EO Seeks to Expand Access to Alternative Asset Investments in Retirement Plans

ArentFox Schiff on

On August 7, the White House issued an Executive Order (EO) aimed at broadening Americans’ access to alternative asset investments within employer-sponsored defined-contribution retirement plans, such as 401(k) plans....more

Troutman Pepper Locke

Conversation with Former SEC Chief Economist Dr. Jessica Wachter on Investment Management Rulemaking at the Commission – PE...

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This episode of PE Pathways features Dr. Jessica Wachter, former chief economist and director of the Division of Economic and Risk Analysis at the Securities and Exchange Commission (SEC), now a professor in quantitative...more

Orrick, Herrington & Sutcliffe LLP

Labor Dept. permits fiduciaries to consider alternative investments for 401(k)s

On August 12, the U.S. Department of Labor’s Employee Benefits Security Administration rescinded guidance from December 2021 that discouraged fiduciaries from considering alternative assets in the list of investment options...more

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