News & Analysis as of

401k Retirement Plan Employee Benefits

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

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

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

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

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.

401(k) Mutual Fund Fees Hit Historic Lows—Again

The Investment Company Institute (ICI) just confirmed what many of us have seen on the ground: 401(k) mutual fund fees keep dropping, and that’s great news for plan participants....more

Morgan Lewis - ML Benefits

Latest Executive Order Could Redefine Retirement Investing

The US administration recently issued an executive order to expand access to alternative investments in ERISA-governed retirement accounts. The order titled Democratizing Access to Alternative Investments for America's...more

Troutman Pepper Locke

Retirement Revolution: Expanding Access to Private Credit in 401(k)s

Troutman Pepper Locke on

On August 7, President Donald Trump issued an executive order directing federal agencies, particularly the Department of Labor, to work on expanding access to alternative investments for participants in 401(k) and other...more

Epstein Becker & Green

We’re Not in Kansas Anymore: ESG, Cryptocurrency, and Alternative Asset Investments in 401(k) Plans, Oh My!

Epstein Becker & Green on

What You Need to Know - The Trump Administration has shifted away from Biden-era rules related to certain investments, like alternative asset investments, ESG, and cryptocurrency in 401(k) plans....more

Cooley LLP

Private Equity and Venture Capital Investments for 401(k) Plans?

Cooley LLP on

On August 7, President Donald Trump signed an executive order (Democratizing Access to Alternative Assets for 401(k) Investors) that has been widely – and mistakenly – reported to open 401(k) plan assets to “alternative...more

Ary Rosenbaum - The Rosenbaum Law Firm P.C.

Beneficiary Statements: No Good Deed Goes Unlitigated

Could listing designated beneficiaries on a participant statement spark a fiduciary breach lawsuit? In today’s world, the answer is always yes — and in LeBoeuf v. Entergy, it did....more

Jones Day

White House Opens Door to Broader Inclusion of Alternative Assets in Defined Contribution Retirement Plans

Jones Day on

A hotly anticipated August 7, 2025, executive order, "Democratizing Access to Alternative Assets for 401(k) Investors" ("EO"), aims to reduce regulatory barriers and significantly expand access to "alternative...more

Verrill

Coming Soon to Your 401(k) Plan: Tontines and Other Exotic Investments!

Verrill on

Participants in 401(k) plans and other defined contribution retirement plans may soon have the opportunity to invest their plan accounts in a variety of high-risk and potentially high-return assets. Touted as an effort to...more

Carlton Fields

Plan Sponsor and Asset Manager Considerations Under 401(k) Alternatives Executive Order

Carlton Fields on

On August 7, 2025, President Trump signed an executive order titled “Democratizing Access to Alternative Assets for 401(k) Investors,” designed to open the use of alternative investments, including private equity and actively...more

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