News & Analysis as of

Employee Retirement Income Security Act (ERISA) 401k Retirement

Groom Law Group, Chartered

Long-Term, Part-Time Employee Guidance for Section 403(b) Plans (and Two-Year Extension for 401(k) Regulations)

On October 3, 2024, the Department of the Treasury (“Treasury”) and the Internal Revenue Service (“IRS”) issued Notice 2024-73 (the “Notice”) to clarify eligibility rules for long-term, part-time (“LTPT”) employees in 403(b)...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.

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

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

Morgan Lewis - ML Benefits

Retirement Plans: Bona Fide Job-Based Exclusion or Impermissible Service Condition?

Employers utilizing class-based criteria to exclude employees from retirement plan participation face new issues and considerations following the adoption of the long-term part-time employee (LTPTE) rules in SECURE 1.0 and...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

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

Ary Rosenbaum - The Rosenbaum Law Firm P.C.

HP beats back forfeiture case

A federal judge in Northern California stated HP Inc. doesn’t violate the Employee Retirement Income Security Act (ERISA) by using forfeited 401(k) money to pay contributions it’s required to make to the plan, by dismissing a...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

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

Ary Rosenbaum - The Rosenbaum Law Firm P.C.

The Bumps In The Road Of Being A 401(k) Plan Provider

I ’m a big fan of business history and every successful company that has ever been founded has had a few bumps along the way. For example, Apple almost went out of business a few times when products like the Newton didn’t...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

Ary Rosenbaum - The Rosenbaum Law Firm P.C.

CPAs have the best plans?

According to the latest Judy Diamond Report, certified public accountant firms have the best-performing 401(k) plans....more

Ary Rosenbaum - The Rosenbaum Law Firm P.C.

Too Many Choices For 401(k) Plan Sponsors

Life can be like a smorgasbord table at a wedding, too many choices, too little time. As a retirement plan sponsor choosing whether to sponsor a 401(k) plan or change a current one, there are too many choices that you don’t...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

Jackson Lewis P.C.

Should We Submit Missing Participant Data to the DOL with the Plan’s Form 5500?

Jackson Lewis P.C. on

If the U.S. Department of Labor’s Notice of Proposed Information Collection Request, issued on April 15, 2024, becomes final, fiduciary retirement plan committees may be asked to evaluate the important question of whether the...more

Ary Rosenbaum - The Rosenbaum Law Firm P.C.

Alliance Bernstein wins proprietary 401(k) fund lawsuit

My daughter works at a local restaurant and I think it doesn’t look good when employees there, order out. I also understand why a mutual fund company puts their mutual funds in a 401(k) plan, even if it makes them look like...more

Ary Rosenbaum - The Rosenbaum Law Firm P.C.

Oh, The Brutal Mistakes That 401(k) Plan Sponsors Make

A 401(k) plan has so many moving parts, that errors do happen. I always say that if you want to find a mistake within a plan, you will eventually find one. However, there is a simple difference between common mistakes and...more

170 Results
 / 
View per page
Page: of 7

"My best business intelligence, in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:
*By using the service, you signify your acceptance of JD Supra's Privacy Policy.
- hide
- hide