News & Analysis as of

Retirement Plan Retirement 401k

Ary Rosenbaum - The Rosenbaum Law Firm P.C.

Roth Catch-Up Chaos is coming

Plan sponsors and recordkeepers let out a collective sigh of relief when the Roth catch-up contribution requirement under SECURE 2.0 was delayed until 2026. And for good reason—this rule, though well-intentioned, brings with...more

Ary Rosenbaum - The Rosenbaum Law Firm P.C.

Overpaying for Underperformance: A Fiduciary Breakdown in Plain Sight

A massive new study by Abernathy-Daley covering nearly 58,000 corporate 401(k) plans delivered a simple—but startling—message: virtually every plan suffers from overpriced, underperforming funds. In fact, 99% of plans have at...more

Mayer Brown

Broader Investment Options on the Horizon for Section 403(b) Retirement Plans

Mayer Brown on

AT A GLANCE - There is currently a disparity in the permitted investment options available under different retirement plans, putting participants of Section 403(b) plans at a disadvantage when compared with participants of...more

Ary Rosenbaum - The Rosenbaum Law Firm P.C.

Workplace Retirement Plans: Participation Is Up, But So Is Financial Stress

Retirement plan participation is up, but don’t pop the champagne just yet. According to Morgan Stanley at Work’s just-released State of the Workplace Report, while more employees are enrolling in their 401(k) plans, many are...more

Ary Rosenbaum - The Rosenbaum Law Firm P.C.

The 3 Cs: Why 401(k) Plan Sponsors Can’t Afford to Be Cheap, Controlling, and Clueless

After close to 30 years in this business—wearing the hats of TPA employee, ERISA attorney, plan document drafter, and occasional therapist to frantic plan sponsors—I’ve seen it all. The horror stories, the lawsuits, the...more

Ary Rosenbaum - The Rosenbaum Law Firm P.C.

Are We Robbing Peter to Pay Paul?

The 401(k) match has long been one of the most powerful tools for building retirement savings. It’s the “free money” we’ve all been trained to chase—and advise our clients to chase. So when Fidelity, Schwab, and others start...more

Ary Rosenbaum - The Rosenbaum Law Firm P.C.

The Problem of Organizational Drift For 401(k) Plan Providers

I enjoy business history and why certain businesses and organizations fail. I knew Sears and Blockbuster Video would fail, years ahead of time. I knew the synagogue where I was a member and where my son had his bris, would...more

Ary Rosenbaum - The Rosenbaum Law Firm P.C.

DOL Walks Back Crypto Chill: A Return to Fiduciary Neutrality

The Department of Labor’s Employee Benefits Security Administration (EBSA) released Compliance Assistance Release No. 2025-01. For those of us keeping track at home, this new guidance effectively rescinds the now infamous...more

Ary Rosenbaum - The Rosenbaum Law Firm P.C.

Top 10 Signs You Have An Unhealthy 401(k) Plan

When it comes to your health, your body doesn’t lie. Chest pain, chronic fatigue, blurry vision—they’re all warning signs that something is off. You ignore them at your own risk. Your 401(k) plan? It’s not that different. A...more

Ary Rosenbaum - The Rosenbaum Law Firm P.C.

The Check’s in the Mail? Why That’s a Problem for Your 401(k)

Two years ago, a guy named Handy tried to do something that should be dead simple in 2025: roll over his $114,000 401(k) after changing jobs. He was 33, building toward his future. But instead of a clean, secure digital...more

Ary Rosenbaum - The Rosenbaum Law Firm P.C.

Don’t Hire Your Payroll Provider As Your 401(k) TPA

I f you’re thinking of hiring your payroll provider to also serve as your 401(k) plan’s third-party administrator (TPA), stop. Think again. Then think again harder. I’ve been an ERISA attorney for more than 25 years. In that...more

Ary Rosenbaum - The Rosenbaum Law Firm P.C.

Maybe time to get rid of the SEP?

Those small employer plans like SEPs and SIMPLE-IRAs? They’re great starter tools for retirement savings. Think of them like toddler clothes: low maintenance, affordable, and easy to manage. No administration costs, no annual...more

Ary Rosenbaum - The Rosenbaum Law Firm P.C.

Choices are good unless it cannibalizes your business

You know what everyone’s talking about lately in the retirement plan world? Pooled Employer Plans — PEPs! Yeah, PEPs. Like they’re the second coming of sliced bread. Spoiler alert: they’re not....more

Eversheds Sutherland (US) LLP

Benefits Catch-Up - Q1 2025

With so much happening in the employee benefits world over the last few months, we bring you Benefits Catch-Up, our catch-up contribution to help you keep up with recent developments. Eversheds Sutherland’s US Employee...more

Ary Rosenbaum - The Rosenbaum Law Firm P.C.

The problem with stock market volatility

I have experienced several bear markets as an ERISA attorney, and it’s never easy, especially with the current volatility due to tariffs....more

Ary Rosenbaum - The Rosenbaum Law Firm P.C.

Remember That Your 401(k) Plan Is An Employee Benefit

So often, people forget why something was implemented or done. They lose their way. That’s how I felt as a synagogue Vice President for about a year. As a 27-year ERISA attorney, I have encountered so many 401(k) plan...more

Morgan Lewis - ML Benefits

DOL Issues Temporary Enforcement Policy for Small Amount Transfers to State Unclaimed Property Funds

The US Department of Labor recently issued Field Assistance Bulletin (FAB) 2025-01, a temporary enforcement policy regarding the transfer of small retirement plan benefits to state unclaimed property funds. This development...more

Ary Rosenbaum - The Rosenbaum Law Firm P.C.

These 401(k) average balances aren’t good

I remember when I was a kid and someone else’s parent bragged about how well their kid was doing. As a child and parent, I will attest that no one whose parents bragged they were a genius, was an actual genius. In addition,...more

Ary Rosenbaum - The Rosenbaum Law Firm P.C.

State Run Plans near $2 billion in assets

State-run retirement programs, including automatic individual retirement accounts (IRAs), are expanding access to retirement savings, with total assets nearing $2 billion. However, a new study from the Georgetown University...more

Ary Rosenbaum - The Rosenbaum Law Firm P.C.

Will Hardships go up in 2025? Time will tell

A rising number of plan participants are making early 401(k) hardship withdrawals. A report by Vanguard found that 4.8% of participants initiated a hardship withdrawal in 2024, which us up from 3.6% in 2023....more

Ary Rosenbaum - The Rosenbaum Law Firm P.C.

The Intangibles You Need To Succeed In The 401(k) Business

The most disappointing part of going to law school was the lack of practicality. Sure, it helps you think like a lawyer and teach you the basics of the law, it never helped with becoming a successful lawyer or how to draw a...more

Ary Rosenbaum - The Rosenbaum Law Firm P.C.

Bill proposed to waive early withdrawal penalty for fraud

Last week, Rep. Haley Stevens (D-MI) introduced legislation aimed at waiving early withdrawal penalties for victims of retirement account fraud....more

Jackson Lewis P.C.

Not So Fast: DOL Releases Annual Funding Notice Guidance Just Before the Distribution Due Date

Jackson Lewis P.C. on

On April 3, 2025, the Department of Labor (the DOL) issued Field Assistance Bulletin 2025-02 (the FAB) and updated model annual funding notices for single-employer and multiemployer plans. The FAB addresses conflicts between...more

Ary Rosenbaum - The Rosenbaum Law Firm P.C.

The Choices You Make, That Can Land You In Trouble As A 401(k) Plan Sponsor

Our lives are the sum of our choices, at least that is what the trailer for the next Mission Impossible moving is telling me. When I was a kid, I would read these Choose Your Own Adventure books where the story and outcome...more

Ary Rosenbaum - The Rosenbaum Law Firm P.C.

Schwab Self-Direct 401(k) plans gain 13.6% in 2024

The average Self-Directed Brokerage Account (SDBA) 401(k) balance at Charles Schwab finished the fourth quarter of 2024 at $352,605, up by 13.6% since 2023, according to Charles Schwab’s latest SDBA Indicators Report....more

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