News & Analysis as of

Retirement Benefit Plan Sponsors 401k

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

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.

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

Ary Rosenbaum - The Rosenbaum Law Firm P.C.

Managed Accounts have room to grow

Sponsors of 401(k) plans are increasingly recognizing the need to provide personalized investment options for their participants; however, access to managed accounts still remains limited....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.

Sweet Little Lies That A 401(k) Plan Provider May Tell You

They say the truth shall set you free, so that means a lot of 401(k) plan providers who tell sweet little lies in their sales pitch, are prisoners. There are many lies you might hear in a sales pitch, and these are the lies...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

Ary Rosenbaum - The Rosenbaum Law Firm P.C.

Don’t Let Your 401(k) Plan Turn Into A Natural Disaster

Having survived Hurricane Sandy with 5 feet of water downstairs, I’ve had my fill of natural disas- ters. Whether it’s climate change or not, the weather is more unstable than ever be- fore. Whether it’s 70 degrees by me in...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.

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.

Plans paying more? Well, yeah

I read that a recent study showed the 80% of 401(k) plans are overpaying in fees. Tell me something I don’t know. For most small and medium-sized plans, there is absolutely no check by the plan sponsors on whether the fees...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

Ary Rosenbaum - The Rosenbaum Law Firm P.C.

Avoiding 401(k) Problems With Former Employees

Ialways say that the real reason I never hired employees for my law firm is that I was once an employee too. That means that no matter what my employer could do, there would probably be some- thing I still would complain...more

Ary Rosenbaum - The Rosenbaum Law Firm P.C.

Have A Small Plan Or Forced To Offer One? Consider Joining A 401(k) PEP

Having a small plan like a SEP a SIMPLE or a Solo 401(k) Plan may make sense from a financial standpoint. The problem is like I felt when I was an associate attorney at some “fak- akta” (my favorite Yiddish word) Long Is-...more

Ary Rosenbaum - The Rosenbaum Law Firm P.C.

The Truth Shall Set You Free As A 401(k) Plan Provider

Our lives are the sum of our choices. How we act and choose to interact with other people can have a bear- ing on our business as 401(k) plan provid- ers. I may be good at a lot of things, but lying isn’t one of them. I...more

Ary Rosenbaum - The Rosenbaum Law Firm P.C.

There is no such thing as free administration

In England, many of the top pubs are owned by British breweries because watering holes are an effective means of beer distribution. Pepsico (owners of Pepsi) used to own Yum Brands (KFC, Taco Bell, Pizza Hut, etc.) for that...more

Ary Rosenbaum - The Rosenbaum Law Firm P.C.

I hate short plan years

When drafting new 401(k) plans for clients during the middle of the year, I like drafting them with an effective date of the first of the year and with deferrals effective as of when they can run the plan with payroll. Like...more

Ary Rosenbaum - The Rosenbaum Law Firm P.C.

What 401(k) Plan Providers Never Tell Plan Sponsors

Ihave a college degree and two law de- grees (I’m not bragging), so I have three alma maters. I attended Stony Brook University, American University Washing- ton College of Law, and Boston University. Out of the three, my...more

Ary Rosenbaum - The Rosenbaum Law Firm P.C.

Annuities in 401(k) Plans

As Michael Corleone said in the very underrated “The Godfather Part III”, “Just when I want to get out, they keep bringing me back in.”...more

Ary Rosenbaum - The Rosenbaum Law Firm P.C.

The Problem of Plan design

When you start fixing up the house (for me, a never-ending battle) and replacing appliances or items like the front door or the roof (had to fix it again), you realize that the replacements are more energy efficient....more

Ary Rosenbaum - The Rosenbaum Law Firm P.C.

How 401(k) Plan Sponsors Can Avoid The Scams And The Cons

There is a saying I have about scams: “I’m from Brooklyn, you’re go- ing to have to get up earlier in the morning to get one on me.” Growing up in Canarsie Brooklyn in the 1970s and 1980s allowed me to have street smarts,...more

Ary Rosenbaum - The Rosenbaum Law Firm P.C.

Offering Self Directed Brokerage Accounts In A 401(k) Plan Can Give You a Good Headache

In the movie “Back to School,” Thornton Melon, played by Rodney Dangerfield laments that his second wife, Vanessa is a pain and gives a “great headache.” While participants, namely business owners, want a self-directed...more

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