News & Analysis as of

Employee Retirement Income Security Act (ERISA) 401k Benefit Plan Sponsors

Keating Muething & Klekamp PLL

Benefits Monthly Minute - October 2024

The October Monthly Minute highlights two recent retirement plan cases, one in which the court sides with the plan and emphasizes plan administrative review over specific investment results and another where plaintiffs are...more

Kaufman & Canoles

ESOPs, Benefits & Compensation Q3 2024 Client Update

Kaufman & Canoles on

Fall greetings from the Kaufman & Canoles ESOPs, Benefits & Compensation team. We hope you’re enjoying the cooler weather, changing leaves, and—of course—the continual pace of change in employee benefits. Please find below a...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

Ary Rosenbaum - The Rosenbaum Law Firm P.C.

Avoid An IRS Audit Surprise By Checking These Areas Of Your 401(k) Plan

Idon’t like surprises and when a 401(k) plan gets a notice about an impending Internal Revenue Service (IRS) audit, the best thing to do is not sit back and do nothing. In addition to collating all the ma- terials that the...more

Ary Rosenbaum - The Rosenbaum Law Firm P.C.

Dealing With 401(k) Industry Consolidation As A Plan Provider

Unless you have been living under a rock or in a cave for the past dozen years, there has been a lot of consolidation in the retirement plan busi- ness. For many, it’s a great thing and for many, it’s not. As a retirement...more

Groom Law Group, Chartered

Defendants Secure Another Win on Discretionary Use of 401(k) Plan Forfeitures

On September 19, 2024, the Southern District of California dismissed claims brought by a 401(k) plan participant against Thermo Fisher Scientific Inc. regarding the use of forfeitures to offset future employer contributions. ...more

Kelley Drye & Warren LLP

Colgate-Palmolive 401(k) Theft Case Settles on Undisclosed Terms, Leaving Open Questions

Many who work with defined contribution plan administrators and consult plan sponsors on their ERISA fiduciary duties have been carefully monitoring Disberry v. Employee Relations Committee of the Colgate-Palmolive Company...more

Ary Rosenbaum - The Rosenbaum Law Firm P.C.

The Essential Plan Providers Needed For A 401(k) Plan

When people are sick, especially with debilitating illnesses or diseases, it’s natural for them to travel far and wide to get the best medi- cal coverage possible. People who are ill will try to find the best medical coverage...more

Ary Rosenbaum - The Rosenbaum Law Firm P.C.

The nuisance value

When I write about the need for plan sponsors to understand their responsibilities as plan fiduciaries and their potential liability if they ignore their duties, I hear the same complaints about my ideas. The complaint which...more

Ary Rosenbaum - The Rosenbaum Law Firm P.C.

401(k) Plan Sponsors, This Is Your Wakeup Call

One of the great things about my iPhone is the alarm that serves as my wake-up call, whether at home or on the road. When it comes to being a retirement plan sponsor, employers never had a wake-up call about their fiduciary...more

Ary Rosenbaum - The Rosenbaum Law Firm P.C.

This Stuff Won’t Help You Limit Your 401(k) Plan Sponsor Liability

Ihave tried Chromium Picolinate for the last 25 years and I didn’t think it makes me lose weight and that Vitamin C hasn’t stopped a cold. The same can be said about statin supplements that haven’t lowered my Cholesterol....more

Kaufman & Canoles

ESOPs, Benefits & Compensation Q2 2024 Client Update

Kaufman & Canoles on

On behalf of the ESOPs, Benefits & Compensation team, we hope your Summer is off to a great start. In the time of family vacations and out-of-office replies, the pace of employee benefits changes—both large and small—remains...more

Ary Rosenbaum - The Rosenbaum Law Firm P.C.

How To Make Your Life Easier As A 401(k) Plan Sponsor

Life is hard, so is being a 401(k) plan sponsor. It’s a challenging job and there are many ways you can limit those challenges. There are opportunities to make your life easier as a plan sponsor, but you need to know what it...more

UB Greensfelder LLP

New Developments in 401(k) Plan Forfeiture Lawsuits: Advice for Plan Sponsors

UB Greensfelder LLP on

401(k) plan sponsors are seeing a string of lawsuits challenging their use of forfeitures to offset matching contributions. In the most recent suit, plaintiffs claimed that a 401(k) plan sponsor violated its fiduciary duties...more

Ary Rosenbaum - The Rosenbaum Law Firm P.C.

Plan Provider Marketing That You Should Tune Out As A 401(k) Sponsor

As a solo ERISA attorney am try- ing to sift through the emails, robo calls, and LinkedIn invita- tions from people who are trying to sell me something. I’m a big fan of good marketing and most of what I see sucks. Whether...more

Proskauer - Employee Benefits & Executive...

District Court Dismisses Challenge to Use of Plan Forfeitures

A federal district court recently granted a motion to dismiss claims that defined contribution plan fiduciaries breached their fiduciary duties of loyalty and prudence, and violated ERISA’s anti-inurement and prohibited...more

Ary Rosenbaum - The Rosenbaum Law Firm P.C.

The Art Of Terminating Your 401(k) Plan Provider

As someone who has been fired and has been fired, it’s never a pleasant experience. Even firing a gardener who wasn’t doing their job wasn’t fun for me. Yet, there are so many reasons why you have to fire your retirement plan...more

Ary Rosenbaum - The Rosenbaum Law Firm P.C.

How TPAs Can Better Compete With Payroll Provider TPAs

When people in the retirement industry ask me about my National ERISA practice, one question is whether I do any third-party administration (TPA) work. When asked, my line is always that I don’t “because I stick to what I...more

Ary Rosenbaum - The Rosenbaum Law Firm P.C.

A Good 401(k) Plan Doesn’t Grow On Trees

It doesn’t grow on trees, it’s not in the water (especially good bagels), and it doesn’t happen by accident. It didn’t happen overnight, it didn’t happen in a vacuum, and it certainly didn’t come out of thin air. A good...more

Ary Rosenbaum - The Rosenbaum Law Firm P.C.

How A 401(k) Plan Sponsor Can Be A Mark For 401(k) Litigation

I ’ve always been a big fan of 1970’s cinema and one forgotten classic is The Sting, starring Paul Newman, Robert Redford, and Robert Shaw. The title to the movie refers to the exact moment when the con artist finishes the...more

Groom Law Group, Chartered

Is Your DC Plan Retirement Ready?

Participating in DC plans such as 401(k), 457, and 403(b) plans is the primary way most people save for retirement, and there is considerable sponsor and participant interest in making DC plans more effective at their primary...more

Ary Rosenbaum - The Rosenbaum Law Firm P.C.

Don’t Hire ADP Or Paychex As Your 401(k)’s TPA

I f you’re thinking about hiring one of the two biggest national payroll providers as your 401(k) plan’s thirdparty administrator (TPA) think again. As an ERISA attorney with 25 years of experience fixing the errors made by...more

Pillsbury Winthrop Shaw Pittman LLP

DOL Expands Investment Advice Subject to Fiduciary Liability

Following previous failed attempts to expand the fiduciary liability of financial services providers, the DOL released a new rule that broadens the definition of “fiduciary” under ERISA. The new rule is expected to face...more

Keating Muething & Klekamp PLL

Benefits Monthly Minute - April 2024

The April Monthly Minute looks at a recent court decision highlighting ERISA’s preemptive power in response to a 401(k) garnishment claim and explores the DOL’s latest steps towards creating an online search tool intended to...more

Ary Rosenbaum - The Rosenbaum Law Firm P.C.

Curb These Bad 401(k) Plan Provider Behaviors

With my laundry list of favorite television shows, I think Curb Your Enthusiasm has edged Seinfeld as my second favorite show of all time (Dallas is still #1). Perhaps it’s sacrilege to have Larry top Jerry (even if he was...more

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