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Benefit Plan Sponsors Pensions Employee Retirement Income Security Act (ERISA)

Hall Benefits Law

The DOL’s New “Economic Realities” Test to Determine Employee Status: ERISA Considerations for Benefit Plan Sponsors

Hall Benefits Law on

The Department of Labor (DOL) Wage and Hour Division issued final regulations, effective March 11, 2024, which are intended to serve as a practical guide to employers on how the DOL determines whether a worker is an employee...more

Bricker Graydon LLP

Unicorn, Ostrich or Okapi? Fiduciary Duties for Governmental Retirement Plan Sponsors

Bricker Graydon LLP on

Most retirement plan sponsors know that ERISA - the federal law that imposes duties (and liability for breaching those duties) on certain individuals and entities that are defined as plan fiduciaries – is the primary source...more

Dickinson Wright

Mastering Retirement Plan Forfeitures: A Deep Dive into IRS’s 2023 Proposals & Fiduciary Litigation Trends

Dickinson Wright on

When a participant terminates employment without being fully vested in their qualified retirement plan account, the non-vested portion of the account is a “forfeiture.” While forfeitures are a common element of most...more

McDermott Will & Emery

Better Than a Snow Day: The PBGC Provides One-Time Section 4010 Reporting Waiver

McDermott Will & Emery on

Acknowledging uncommon market conditions, the Pension Benefit Guaranty Corporation (PBGC) announced Technical Update Number 23-1 (the Update), which provides a one-time waiver of certain reporting requirements for some...more

Proskauer - Employee Benefits & Executive...

PBGC Provides One-Time 4010 Filing Waiver for Certain Employers

ERISA Section 4010 requires a contributing sponsor of certain single-employer pension plans, as well as the sponsor’s controlled group members, to provide controlled group, financial, and actuarial information to the PBGC...more

Dorsey & Whitney LLP

Ninth Circuit Dismisses Claim on Behalf of Welfare Benefit Plan for Lack of Article III Standing

Dorsey & Whitney LLP on

Just this month, the Ninth Circuit revisited the relationship between ERISA and Article III constitutional standing, recently addressed by the U.S. Supreme Court in Thole v. U.S. Bank, 140 S. Ct. 1615. In Winsor v....more

Epstein Becker & Green

[Webinar] Hot Topics and Trends in Employee Benefits: What Employers Need to Know - November 3rd, 12:00 pm - 1:30 pm ET

Epstein Becker & Green on

Attorneys from our Employee Benefits and Executive Compensation practice provide insights on current issues facing various types of employee benefits programs. Topics include: - Cybersecurity - DOL Audit Initiatives -...more

Goodwin

ERISA Litigation Update - July 2021

Goodwin on

Welcome to Goodwin’s ERISA Litigation Update. Litigation involving ERISA-governed benefits plans has exploded in recent years. Lawyers in our award-winning ERISA Litigation practice have extensive experience litigating these...more

Morgan Lewis

Troubled Multiemployer Pension Plans: PBGC Issues Regulation on ARPA Special Financial Assistance

Morgan Lewis on

The Pension Benefit Guaranty Corporation has issued an interim final rule implementing the special financial assistance provisions of the American Rescue Plan Act to assist financially troubled multiemployer pension plans....more

Williams Mullen

PODCAST: Williams Mullen's Benefits Companion - Missing Plan Participants

Williams Mullen on

On this episode of Williams Mullen's Benefits Companion, host Brydon DeWitt is joined once again by Beryl Ball, Principal Financial Advisor at CAPTRUST, who explains the Department of Labor’s recent guidance for plan sponsors...more

Verrill

Pension Plan Mortality Table Litigation – What’s Next?

Verrill on

The first major settlement of a lawsuit challenging the mortality assumptions used to calculate pension plan benefits was announced earlier this year. According to court filings in Cruz v. Raytheon Company, the settlement...more

Moore & Van Allen PLLC

USDOL Offers Guidance on Data Security for Plan Fiduciaries and Service Providers

Moore & Van Allen PLLC on

The Employee Benefits Security Administration of the United States Department of Labor (“EBSA”) recently published guidance regarding cybersecurity best practices for recordkeepers and service providers responsible for plan...more

Ary Rosenbaum - The Rosenbaum Law Firm P.C.

Bill to expand MEPs to 403(b) plans introduced

I rarely talk about legislation because so many bills over the years get proposed with zero action by Congress. It took more than 4 years for Roth 401(k) plans to be a thing. However, I want to take time to talk about...more

Fisher Phillips

Labor Department Creates New Options For Employers To Electronically Distribute Retirement Plan Notices

Fisher Phillips on

The Department of Labor recently issued a new rule providing an additional safe harbor for electronic disclosure of pension plan notices effective July 27, 2020. Prior to the new rule, the DOL’s only safe harbor for...more

Burr & Forman

The Countdown Begins for Lifetime Income Disclosures

Burr & Forman on

The SECURE Act of 2019 made three statutory changes to ERISA regarding lifetime income benefit payments from defined contribution plans (e.g., 401(k), 403(b), profit sharing, and money purchase pension plans). This blog will...more

K&L Gates LLP

DOL Creates New E-Delivery Safe Harbor for Retirement Plan Disclosures

K&L Gates LLP on

EXECUTIVE SUMMARY - The Department of Labor (DOL) published final regulations that make significant strides in reducing barriers to the electronic delivery of a wide array of retirement plan disclosures. Specifically, the...more

Ary Rosenbaum - The Rosenbaum Law Firm P.C.

Well, I was right about auto enrollment

People are flawed, except for saints and Popes. One of my many flaws is that I enjoy being right. I love predicting things and being right (such as the end of revenue sharing, and a former employer going out of business...more

K&L Gates LLP

DOL Issues Proposed Rule on ESG Investing for ERISA Plans Part 2: Implications for Plan Sponsors and Investment Managers

K&L Gates LLP on

This alert is the second in a series. In our first alert, “History and State of Play,” our global financial services policy team described the status of the Department of Labor’s (DOL) proposed rule on socially responsible...more

Groom Law Group, Chartered

Corporate Pensions in Turbulent Economic Times: An Overview of Key Issues and Options for Plan Sponsors

Employers are facing a number of serious challenges that make managing a defined benefit pension plan even more difficult than usual. ...more

Jackson Walker

Employee Benefits-Related Provisions in the “CARES Act”

Jackson Walker on

On Friday, March 27, 2020, the Coronavirus Aid, Relief, and Economic Security Act (the “CARES Act”) passed the Senate and House and was signed into law. In addition to spending $2 trillion to support individuals and...more

Manatt, Phelps & Phillips, LLP

Litigating the Scope of ERISA’s ‘Catchall’ Civil Enforcement Provision

In recent Employee Retirement Income Security Act of 1974 (ERISA) litigation challenging benefit decisions by plan administrators and fiduciaries, litigants have been pleading closely related claims under multiple ERISA...more

Groom Law Group, Chartered

PBGC’s Regulatory Spring Cleaning: Numerous Changes, Updates, and Clarifications to PBGC Reporting, Termination, and Premium Rules

On February 4, 2020, the Pension Benefit Guaranty Corporation (“PBGC”) issued final regulations (the “Final Rule”) covering reportable events, annual reporting under ERISA section 4010, plan termination filings, and PBGC...more

Groom Law Group, Chartered

Court Challenges to DB Plan Actuarial Assumptions – One Year Later

Eleven cases have been filed against defined benefit pension plan sponsors and certain fiduciaries alleging that the plan’s assumptions—called “actuarial equivalence factors” or “actuarial equivalence assumptions”— for...more

Perkins Coie

US Department of Labor Proposes New “Notice and Access” Electronic Delivery Safe Harbor

Perkins Coie on

The U.S. Department of Labor (DOL) issued proposed regulations on October 23, 2019, providing for a new electronic-delivery safe harbor applicable to certain required disclosures for ERISA-governed retirement plans. Though...more

Bradley Arant Boult Cummings LLP

Proposed Regulations on Electronic Disclosures by ERISA Plans: What Plan Administrators and Sponsors Need to Know

In proposed regulations released last week, the Department of Labor (DOL) finally put forward a revision of its long-outdated regulations on the electronic delivery of certain participant disclosures required under ERISA...more

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