With bank uncertainty making headlines, we answer employers’ most frequently asked questions about the consequences of payroll delays, strategies for mitigating risk and more.
...more
3/17/2023
/ 401k ,
Banking Sector ,
COBRA ,
Corporate Counsel ,
Department of Labor (DOL) ,
Employee Retirement Income Security Act (ERISA) ,
Fair Labor Standards Act (FLSA) ,
Furloughs ,
Income Taxes ,
IRS ,
Medicare ,
Paid Time Off (PTO) ,
Payroll Taxes ,
Penalties ,
Risk Mitigation ,
Trust Fund Recovery Penalty (TFRP) ,
Unemployment Insurance ,
Voluntary Fiduciary Compliance Program (VFCP) ,
Voluntary Reduction in Force
In light of a new DOL audit initiative and increasing cybersecurity threats to ERISA benefit plans, ERISA plan sponsors and fiduciaries should be prepared to answer some important questions: Do the cybersecurity programs of...more
6/24/2021
/ 401k ,
Audits ,
Cybersecurity ,
Data Protection ,
Department of Labor (DOL) ,
Employee Retirement Income Security Act (ERISA) ,
Fraud ,
Individual Retirement Account (IRA) ,
New Guidance ,
Popular ,
Retirement Plan ,
Third-Party Service Provider
The Fifth Circuit Court of Appeals’ rejection of the DOL’s Fiduciary rule reintroduces the 1975 five-factor fiduciary test and creates uncertainty for plan sponsors, plan fiduciaries and investment advisors.
After years of...more
6/29/2018
/ Administrative Procedure Act ,
Benefit Plan Sponsors ,
Best Interest Contract Exemptions ,
Chevron Deference ,
Department of Labor (DOL) ,
Employee Retirement Income Security Act (ERISA) ,
Fiduciary Duty ,
Fiduciary Rule ,
Financial Services Industry ,
Individual Retirement Account (IRA) ,
Investment Adviser ,
Regulatory Oversight ,
Retirement Plan
The future of the Department of Labor’s Fiduciary rule is in limbo following the Fifth Circuit’s decision striking it down “in toto.”
The future of the Fiduciary rule is uncertain, particularly in light of the Fifth...more
4/12/2018
/ Administrative Procedure Act ,
Best Interest Contract Exemptions ,
Broker-Dealer ,
Department of Labor (DOL) ,
Employee Benefits ,
Employee Retirement Income Security Act (ERISA) ,
Fiduciary Duty ,
Fiduciary Rule ,
Investment Adviser ,
Retirement Plan ,
Securities and Exchange Commission (SEC)
Legislation enacted in recent months should result in fewer operational errors and expanded participant opportunities.
The Tax Cuts and Jobs Act extends the period a participant may make a tax-free loan rollover to an IRA...more
3/9/2018
/ 401k ,
Benefit Plan Sponsors ,
Bi-Partison Balanced Budget Act (BBA) ,
Employee Benefits ,
Hardship Distributions ,
IRA Rollovers ,
QMAC ,
QNEC ,
Retirement Plan ,
Tax Cuts and Jobs Act ,
Wildfires
The department extends non-enforcement policy until July 1, 2019 and plans to propose a new streamlined class exemption under the Fiduciary rule.
The DOL finalized its delay of certain portions of the Fiduciary rule until...more
12/15/2017
/ Best Interest Contract Exemptions ,
Broker-Dealer ,
Department of Labor (DOL) ,
Employee Retirement Income Security Act (ERISA) ,
Fiduciary Duty ,
Fiduciary Rule ,
Individual Retirement Account (IRA) ,
Investment Adviser ,
Retirement Plan ,
Securities and Exchange Commission (SEC) ,
Trump Administration
On August 9, 2017, the Department of Labor (DOL) and Secretary of Labor, Alexander Acosta, submitted a proposal to the Office of Management and Budget (OMB) to further delay the applicability date of certain parts of the...more
On April 7, 2017, the Department of Labor (DOL) published a final rule delaying the applicability date of the “Fiduciary” rule and certain “Prohibited Transaction Exemption” rules (the Rules) for 60 days from April 10, 2017...more
5/3/2017
/ Best Interest Contract Exemptions ,
Conflicts of Interest ,
Department of Labor (DOL) ,
Employee Benefits ,
Employee Retirement Income Security Act (ERISA) ,
Fiduciary Duty ,
Fiduciary Rule ,
First Amendment ,
Free Speech ,
Investment Adviser ,
Retirement Plan ,
Trump Administration
On March 2, 2017, the Department of Labor (DOL) proposed to delay the applicability date of the “Fiduciary” rule by 60 days. The DOL issued the proposal in response to the February 3, 2017, Presidential Memorandum...more
The Employee Retirement Income Security Act of 1974, as amended (ERISA), protects plan participant benefits and account balances by imposing high standards of care on the plan’s fiduciaries. Fiduciaries who do not follow...more
9/6/2016
/ Cybersecurity ,
Department of Health and Human Services (HHS) ,
Employee Benefits ,
Employee Retirement Income Security Act (ERISA) ,
Employer Group Health Plans ,
Fiduciary Duty ,
Health Insurance Portability and Accountability Act (HIPAA) ,
HITECH Act ,
PHI ,
Retirement ,
Retirement Plan
Retirement plan sponsors face ever-evolving cyber-related threats to plan assets and participant personal information. To combat such threats, plan sponsors should proactively assess the third-party service providers’ ability...more
On May 18th, the U.S. Supreme Court unanimously held in Tibble et al. v. Edison International et al., No. 13-550 (S. Ct. May 18, 2015) that ordinary principles of trust law impose on ERISA fiduciaries a duty to continually...more
In IRS Notice 2014-19 and accompanying FAQs, the Internal Revenue Service (“IRS”) issued long-awaited guidance addressing the treatment of same-sex spouses under qualified retirement plans such as 401(k) and defined benefit...more
The U.S. Department of Treasury (“Treasury”) and the Internal Revenue Service (“IRS”) issued guidance treating a same-sex couple as “married” for all Federal tax purposes as long as the couple was legally married in a state...more
The Departments of Labor, Treasury and Health and Human Services (the “Departments”) recently published final Affordable Care Act (“ACA”) regulations on wellness programs, effective in 2014. The regulations retain the...more
On November 20, 2012, the IRS, DOL and HHS jointly issued proposed regulations under the Affordable Care Act building on existing HIPAA regulations of wellness programs. The new proposed regulations provide clearer guidance...more
12/28/2012
/ ADEA ,
Affordable Care Act ,
Americans with Disabilities Act (ADA) ,
Department of Health and Human Services (HHS) ,
Department of Labor (DOL) ,
GINA ,
Health Insurance Portability and Accountability Act (HIPAA) ,
Healthcare ,
IRS ,
Safe Harbors ,
Wellness Programs