News & Analysis as of

Retirement 401k Employee Retirement Income Security Act (ERISA)

Ary Rosenbaum - The Rosenbaum Law Firm P.C.

Intel Wins: Ninth Circuit Puts the Brakes on Anti-Private Equity Lawsuit

After six long years of litigation, Intel’s 401(k) plan design just got a big legal endorsement. A three-judge panel from the Ninth Circuit dismissed a lawsuit filed by plan participants who claimed that including hedge funds...more

Akin Gump Strauss Hauer & Feld LLP

Democratizing Access To Alternative Assets For 401(K) Investors (Trump EO Tracker)

This executive order directs the Department of Labor to reevaluate and clarify its guidance under ERISA regarding fiduciary duties related to including alternative assets in 401(k) retirement plans. It aims to expand access...more

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.

ERISA Attorneys have to provide real value for you

Fifteen years into running my own practice, I can say without hesitation—it was the right decision. Going out on my own as an ERISA attorney allowed me to focus on what truly matters: delivering value to clients, not...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.

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.

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

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.

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.

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

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

Alston & Bird

Department of Labor’s Temporary Policy Allows Voluntary Escheatment of Certain Retirement Benefits

Alston & Bird on

In this article, the authors delve into the Department of Labor’s temporary ERISA enforcement policy for unclaimed retirement benefit payments of $1,000 or less. The Department of Labor (DOL) has announced a temporary...more

Ary Rosenbaum - The Rosenbaum Law Firm P.C.

The Thing You Have To Fear As A 401(k) Plan Sponsor

I n his inauguration speech, Franklin Delano Roosevelt said that “the only thing we have to fear is fear itself.” 401(k) plan sponsors have more to fear than fear itself except the problem is that they’re unaware that they...more

Ary Rosenbaum - The Rosenbaum Law Firm P.C.

Again, stop with those Mega Back Door Roth articles

People like to read, and so do I. They also like to read articles and find out information, especially if it can save them money. So they read about the opportunity where through a 401(k) plan, they could put away over...more

Ary Rosenbaum - The Rosenbaum Law Firm P.C.

The Do’s And Don’ts Of 401(k) Plan Provider Networking

I spent three years of law school at American University Washington College and another year at Boston University School of Law to get my tax LLM degree. Yet, they never taught me about the value of networking. While grades...more

Ary Rosenbaum - The Rosenbaum Law Firm P.C.

How 401(k) Plan Providers Can Write Great Content

When I started at a law firm over 16 years ago, my idea was to start a National practice that was devoted to ERISA and single-employer re- tirement plans. The idea was that utilizing the law firm’s existing clientele to...more

Seyfarth Shaw LLP

Federal District Court Dismisses Another 401(k) Forfeitures Suit

Seyfarth Shaw LLP on

Since September 2023, there have been at least 25 lawsuits filed claiming the ability to choose between using 401(k) forfeitures to reduce plan expenses or the plan sponsor’s contributions is a fiduciary choice, and that...more

Ary Rosenbaum - The Rosenbaum Law Firm P.C.

Things That Shouldn’t Impress You From 401(k) Plan Providers

When I was a kid in day school in Brooklyn, we had a classmate whose shtick was that he was rich. He wasn’t rich, his father was a pa- thologist who worked at a city hospital, his mother didn’t work, and they rented a nice...more

Ary Rosenbaum - The Rosenbaum Law Firm P.C.

ERISA changes under Trump? Your guess is as good as mine

As January 20th approaches, people in this business will question what a second Trump administration means for 401(k) plans. I don’t know because Donald Trump works outside the lines compared to other people in politics....more

Ary Rosenbaum - The Rosenbaum Law Firm P.C.

401(k) Plans, 2025, and You, The 401(k) Plan Sponsor

Iremember as a kid in the 1980s, being fascinated that 2000 was upon us. Now, we are almost 25 years in, and 2025 is just around the corner. The beauty of the 401(k) plan business is that it’s constantly changing, it’s way...more

Ary Rosenbaum - The Rosenbaum Law Firm P.C.

When 401(k) Plan Sponsors Have To Say No

When I was a kid, I was rather shy. It certainly didn’t help that my parents were domineering. Even as an adult, I would always try to be agree- able and try to get along by not saying no. For the past 14 years with my...more

Ary Rosenbaum - The Rosenbaum Law Firm P.C.

Clorox wins forfeiture case

A class action complaint over the Clorox’s handling of forfeitures in their 401(k) plan was mostly dismissed....more

Ary Rosenbaum - The Rosenbaum Law Firm P.C.

End of The Year Tips for 401(k) Plan Sponsors

With Thanksgiving done, we look to the holidays and the New Year. While many of us are busy shopping for loved ones, many businesses and individuals have their eyes geared towards next year. As a retirement plan sponsor, you...more

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