Just two months into 2020, the incidence of ERISA fiduciary breach lawsuits shows little sign of slowing down. Over the past three months alone, more than half a dozen new class action lawsuits have been filed, targeting the...more
Administrators of plans subject to ERISA (including plans sponsored by for-profit and nonprofit businesses and organizations) must provide participants and beneficiaries with summary plan descriptions (“SPDs”) describing “the...more
While not exactly a Thanksgiving “miracle,” many retirement plan sponsors were no doubt thankful for the IRS’ recent issuance of proposed regulations (the “Proposed Regs”) addressing changes to the Code §401(k) and 403(b)...more
In a February 2018 article, my colleague Kathleen Dreyfus Bardunias encouraged retirement plan sponsors to implement annual “operational checkups” in order to ensure their plans were administered in compliance with the plan’s...more
Unless you’ve been living on a remote mountaintop or inside a cave for the past 10 years, chances are good you’ve either been affected by a cybersecurity breach or know someone who has. Among many other businesses, recent...more
12/22/2017
/ Benefit Plan Sponsors ,
Cyber Attacks ,
Cybersecurity ,
Data Breach ,
Data Protection ,
Data Security ,
Duty to Monitor ,
Employee Benefits ,
Employee Retirement Income Security Act (ERISA) ,
Equifax ,
Hackers ,
Retirement Plan
As the rules governing retirement and health plans grow more complex, employers often need professional help in order to keep up with the day-to-day management of the employee benefit plans they sponsor. From third-party...more
In recent guidance, the IRS surprised plan sponsors with its plan to prevent them from using one means of “de-risking” their defined benefit pension plans to reduce their pension plan liabilities. In Notice 2015-49, the IRS...more
In Obergefell v. Hodges, the U.S. Supreme Court held that the 14th Amendment to the Constitution requires all 50 states to license marriages between same-sex couples and to recognize same-sex marriages performed out-of-state....more
7/8/2015
/ Anti-Discrimination Policies ,
Benefit Plan Sponsors ,
Corporate Counsel ,
DOMA ,
Domestic Partner Benefits ,
Due Process ,
Employee Benefits ,
Employee Retirement Income Security Act (ERISA) ,
Employee Rights ,
Employer Liability Issues ,
Family Status Discrimination ,
Fourteenth Amendment ,
Health Insurance ,
Marriage Equality ,
Marriage Licenses ,
Obergefell v. Hodges ,
Plan Documents ,
Same-Sex Marriage ,
Same-Sex Marriage Bans ,
SCOTUS ,
Sexual Orientation Discrimination ,
Spouses ,
US v Windsor
Every year around this time (and hopefully even earlier), many plan sponsors begin the arduous task of preparing determination letter applications for their qualified retirement plans (i.e., their profit-sharing, 401(k),...more
Earlier this week, the IRS issued final regulations that provide additional guidance on the new “pay or play” rules (also called the employer shared responsibility rules) that will generally apply to employers’ group health...more
In a recently-issued decision, the U.S. Supreme Court unanimously held that employee benefit plans may include a contractual limitations period for filing suit under ERISA §502(a)(1)(B) so long as that period is not...more