News & Analysis as of

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

Holland & Hart - The Benefits Dial

Both Sides Now… Must Be Alert to Cybersecurity

by Becky Achten New guidance from the Employee Benefits Security Administration (EBSA) affirms that both sides—retirement plans and welfare plans—must take steps to secure participant data from cybercrime. In 2021 the...more

Warner Norcross + Judd

50 Years of ERISA: Reflecting on the Past, Present and Future of Employee Benefits

Warner Norcross + Judd on

As we celebrate the 50th anniversary of the Employee Retirement Income Security Act of 1974 (ERISA), it is important to reflect on the impact this legislation has had on private sector employee benefit plans such as...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

Warner Norcross + Judd

Attention Auto Suppliers: Don’t Leave Money on the Table Through Unused Retirement Forfeitures and Unallocated Accounts

We understand that running an automotive supplier business involves more than just industry-specific issues. That's why we regularly provide important insights and tips on broader legal trends to help you navigate challenges...more

Jackson Lewis P.C.

Class Action Alleges “Scheme” by TIAA and Morningstar to Drive Participants into TIAA’s Most Profitable Funds

Jackson Lewis P.C. on

On August 5, three Named Plaintiffs sued TIAA and Morningstar in the S.D.N.Y., claiming Defendants engaged in a “scheme to enhance corporate profits” by counseling participants to invest in two of TIAA’s most lucrative...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

Lathrop GPM

Retirement Security Fiduciary Rule Stayed

Lathrop GPM on

Under recently finalized federal regulations (commonly referred to as the “Fiduciary Rule”) that were scheduled to become effective on September 23, 2024, the U.S. Department of Labor intended to expand the fiduciary...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.

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

Jackson Lewis P.C.

Evonik Corporation Beats 401(k) Plan Challenge with Evidence of Rigorous Fiduciary Process

Jackson Lewis P.C. on

A New Jersey federal district court recently granted summary judgment in defendants’ favor in an ERISA excessive fee case accusing Evonik’s 401(k) plan fiduciaries of keeping imprudent investments in the plan and of allowing...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

Goodwin

Minding the Store: Unanticipated ESG Issues Affecting ERISA Fiduciary Supervision

Goodwin on

A recent summary judgment decision from the U.S. District Court for the Northern District of Texas in an ERISA (Employee Retirement Income Security Act) class action challenging the alleged impact of environmental, social,...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.

GAO is concerned over notices

According to a new Government Accountability Office (GAO) report, only a third of plan participants receive an important notice that could help them make a decision about their retirement savings....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

Mayer Brown

Northern District of Texas Expands Fiduciary Exposure by Permitting ESG Proxy Voting Theory to Go to Trial

Mayer Brown on

Case Name and Number: Spence v. American Airlines, Inc., et al., No. 4:23-cv-00552 - INTRODUCTION - On June 20, 2024, Judge Reed O’Connor in the Northern District of Texas (the “court”) denied a motion for summary...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

Littler

July is Still the New January! Littler’s Workplace Policy Institute’s Mid-Year Legislative Report

Littler on

Hot off the press – here is Littler’s mid-year report!  As federal regulators, states and cities continue to pass new workplace regulations through the calendar year, we summarize each state’s notable labor and employment law...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

Holland & Knight LLP

Department of Labor Releases New ERISA Fiduciary Rule

Holland & Knight LLP on

The U.S. Department of Labor (DOL) on April 23, 2024, issued the Retirement Security Rule (the Final Rule), which expands who qualifies as an investment advice fiduciary for purposes of the Employee Retirement Income Security...more

Ary Rosenbaum - The Rosenbaum Law Firm P.C.

Engage With Your Employees Over Your 401(k) Plan

Being an employer employing people is tough. I was an employee once and that’s why I will try to avoid hiring one. That being said, one of the great benefits that you can offer your employees is a retirement plan. The problem...more

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