News & Analysis as of

Plan Administrators Employee Retirement Income Security Act (ERISA) Third Party Administrators

Ary Rosenbaum - The Rosenbaum Law Firm P.C.

You don’t have as much leverage as you think

As a plan fiduciary, I still can’t believe it. A Third Party Administrator (TPA) we terminated was trying to hold us up for valuations and a Form 5500 we paid for, as part of, annual administration. It was $80,000....more

Ary Rosenbaum - The Rosenbaum Law Firm P.C.

TPAs need clear contracts

As an ERISA attorney, my retainer agreements are pretty straight and clear. Governed by the laws that govern attorney behavior, I have no choice. Yet, Third Party Administrators (TPAs) don’t have guidelines to live by. ...more

Ary Rosenbaum - The Rosenbaum Law Firm P.C.

You need to read the plan document

Being an ERISA attorney for a couple of third-party administration (TPA) firms when I first started helps you develop a sense of humor because there are too many people I was associated with who had absolutely zero training...more

Ary Rosenbaum - The Rosenbaum Law Firm P.C.

E-disclosure should lower fees too

It’s great that the Department of Labor (DOL) has finally embraced the electronic disclosure of important ERISA notices. It took them a long time, but when your business is trying to protect participant rights, this is what...more

Ary Rosenbaum - The Rosenbaum Law Firm P.C.

The problem with plan investments and audits

Retirement plans with more than 100 participants require a CPA audit for their Form 5500. However, small plans with less than 100 participants may sometimes require an audit. This often happens when more than 5% of the Plan’s...more

Ary Rosenbaum - The Rosenbaum Law Firm P.C.

There is a difference between TPAs

In any service industry, the quality of service and price can be far and wide. While people say that I focus way too much on the workings on the third-party administration (TPA) business, I have more experience in that field...more

Ary Rosenbaum - The Rosenbaum Law Firm P.C.

Make sure clients check plan document vs. practice

I’ve spent 21 years as an ERISA attorney and took some classes when I was getting my LLM and I learn something new about retirement plans every day. As a financial advisor, you likely didn’t have the training to be an ERISA...more

Ary Rosenbaum - The Rosenbaum Law Firm P.C.

Retirement Plan Advisors Advantage - March 2019

A Plan Provider's Guide On How Not To Die (Sorry Lois). Get busy living or get busy dying. I started my own practice about 9 years ago because I was involuntarily liberated from my position as an associate at a...more

Ary Rosenbaum - The Rosenbaum Law Firm P.C.

The Theater of the Absurd

Chutzpah is nerve, shameless audacity. The best example of chutzpah is someone who kills their parents and asks the court for leniency because they’re an orphan. I’ve been in this business of ours for the past 20 plus...more

Ary Rosenbaum - The Rosenbaum Law Firm P.C.

The Rosenbaum Law Firm Review - January 2019

401(k) Options That Must Be Obligatory For Plan Sponsors. They need to be obligatory. Buying a car isn't easy because it's confusing with the different option packages and trims. Sometimes I jokingly ask whether a...more

Ary Rosenbaum - The Rosenbaum Law Firm P.C.

The Rosenbaum Law Firm Review - December 2018

New Year's Resolutions For 401(k) Plan Sponsors. Get off on the right foot for 2019. A New Year's resolution is a tradition in which a person resolves to change and undesired trait or behavior to either improve their...more

Ary Rosenbaum - The Rosenbaum Law Firm P.C.

What all good 401(k) plans have

There are so many articles for plan sponsors (I’ve written quite a few) where they go on and on about what plan sponsors need for a successful 401(k) plan. Rather than go into a whole diatribe, here is a Reader’s Digest of...more

Ary Rosenbaum - The Rosenbaum Law Firm P.C.

Need Auditors who understand the “new way”

As an ERISA attorney, 3(16) plan administrator, and sponsor of several 401(k) plans that needed an audit completed by October 15th to file the Form 5500 on-time, I will have to say I’ve noticed a discrepancy among audit...more

Ary Rosenbaum - The Rosenbaum Law Firm P.C.

Retirement Plan Advisors Advantage - November 2018

The Help Plan Providers Need And What They Don't. Avoid the people who want to sell you everything. When you're in business as a retirement plan provider, you will see that there is a surge of humanity that wants to...more

Ary Rosenbaum - The Rosenbaum Law Firm P.C.

Keep it Simple, Stupid

When it comes to drafting plan documents, I always say K.I.S.S.: keep it simple, stupid....more

Ary Rosenbaum - The Rosenbaum Law Firm P.C.

There has to be a better way than 10/15

I hate to do things last minute. I passed three different state bar exams and I never studied the day before. So when it comes to being an ERISA attorney and/or ERISA §3(16) plan administrator for a few handfuls of 401(k)...more

Ary Rosenbaum - The Rosenbaum Law Firm P.C.

The Problem with 3(16)

Over the last few years, we’ve seen the proliferation of companies offering ERISA §3(16) services. This is a natural growth of advisors offering ERISA §3(38) services, so 3(16) was a great way for third-party administrates...more

Ary Rosenbaum - The Rosenbaum Law Firm P.C.

The Rosenbaum Law Firm Review - April 2018

Plan Sponsors Need To Fix Their Plan Errors Now! You can't wait, fix it now! For most of us, when we don't feel well, we go to the doctor. We don't wait until things get worse, we take care of things because there...more

Ary Rosenbaum - The Rosenbaum Law Firm P.C.

Sometimes it’s about control

As a retirement plan provider, you meet a potential client and you just do so well in the meeting that you think there should be no way that you’re going to lose this prospect. Yet you get the call that a competing provider...more

Ary Rosenbaum - The Rosenbaum Law Firm P.C.

Who is the biggest 401(k) Recordkeeper and what really matters

A few weeks back, I wrote an article about 401(k) hustlers you should watch out for and I mentioned the caveat of using a payroll provider as your 401(k)’s third party administrator (TPA). I posted it on LinkedIn and someone...more

Ary Rosenbaum - The Rosenbaum Law Firm P.C.

The Bottom Line On What Retirement Plan Sponsors Need To Do

I worked for a third party administrator (TPA) for almost 5 years and one of my favorite things about the boss there was that he just wanted to cut to the chase. We had an actuary who developed a speech im- pediment when he...more

Ary Rosenbaum - The Rosenbaum Law Firm P.C.

“Toxic” TPAs a 401(k) Plan Sponsor Should Avoid Hiring

While most of the news about 401(k) plan fiduciaries and their responsibilities is about plan expenses, plan investments, and participant education, there is very little topic about the one issue that is important that most...more

Ary Rosenbaum - The Rosenbaum Law Firm P.C.

Future Threats That a 401(k) Plan Sponsor Should Be Aware Of

What was good yesterday might not be a good today. Asbestos was a great fireproof building material until it was found to cause asbestosis and malignant mesothelioma Thalidomide was a great drug for morning sickness until it...more

Ary Rosenbaum - The Rosenbaum Law Firm P.C.

Things They Never Tell You as a 401(k) Plan Sponsor

When my wife and I bought our house, there were quite a few things that the previous owner forgot to tell us such as the fact they never bothered to pull the pipes from the dental office run by a previous owner 20 years...more

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