News & Analysis as of

Employee Benefits 401k Retirement

Kilpatrick

IRS Issues Guidance on Overpayment Correction Rules under SECURE 2.0

Kilpatrick on

The SECURE 2.0 Act of 2022 (“SECURE 2.0”) made significant changes to the rules governing the correction of overpayments from employer sponsored retirement plans, including 401(k) plans, 403(b) plans, and defined benefit...more

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.

Sometimes, a plan sponsors can’t just can’t say no thanks

When you meet retirement plan sponsors just at different networking events and they find out that you’re a retirement plan provider, they may volunteer that their retirement plan is in perfect shape. As we know as retirement...more

Kelley Drye & Warren LLP

Student Loan Payments Need Not Derail Retirement Savings

The IRS recently released interim guidance to assist employers who wish to provide matching contributions to the 401(k) or 403(b) plan accounts of employees on their qualified student loan payments (“QSLPs”), in the same way...more

Ary Rosenbaum - The Rosenbaum Law Firm P.C.

BAE wins forfeiture case

BAE Systems Inc. has won a class action lawsuit about misusing 401(k) plan forfeitures. U.S. District Judge Anthony Trenga, of the U.S. District Court for the Eastern District of Virginia, granted BAE’s motion to dismiss...more

Ary Rosenbaum - The Rosenbaum Law Firm P.C.

Collecting Solo 401(k) Plans is like collecting nickels

The fewer assets you have in a 401(k) plan, the less support you get. I know that since I have a Solo 401(k) plan. You open a plan at the local custodial firm and you are left to die....more

Ary Rosenbaum - The Rosenbaum Law Firm P.C.

Plan Sponsors are always Reactive, not Pro-Active

When I was at that semi-prestigious law firm many moons ago, I developed this plan review called the Retirement Plan Tune-Up. I’d look at the plan document, plan design, costs, the Fiduciary process, basically anything that...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

Ary Rosenbaum - The Rosenbaum Law Firm P.C.

Salesforce gives up $1.35 million for 401(k) lawsuits

Salesforce Inc. has settled a couple of outstanding 401(k) lawsuits alleging excessive retirement plan fees for $1.35 million....more

Ary Rosenbaum - The Rosenbaum Law Firm P.C.

I won’t write this article

I write a ton of articles as you may know and I will have advisors contacting me and suggesting some topic titles. I have adapted some of these suggestions, but there is one article idea that I had to turn down a few years...more

Ary Rosenbaum - The Rosenbaum Law Firm P.C.

State mandates will spur private plans

I don’t need studies to tell me that States with mandated SIMPLE IRA programs for employers who don’t have a plan will spur the adoption of private retirement plans. There is no crowd in effect, the fact is that people are...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.

Predictions In The 401(k) Space

Whether it’s a presentation or an article, predictions over the fu- ture don’t usually add up. Sure, then the 1964 World’s Fair predicted video phone calls, we all still don’t have our jet- packs, and an article on the Mets...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 way to grow a PEP is through the state mandates

I’m all for states requiring employers to offer a retirement plan or join the state-endorsed IRA program. It increases retirement plan coverage and as a member of the 401(k) industry, it can increase the potential client...more

Ary Rosenbaum - The Rosenbaum Law Firm P.C.

Plan sponsors are happy with their advisors

Financial advisors working on 401(k) advisors have happy clients, according to a new Fidelity survey....more

Ary Rosenbaum - The Rosenbaum Law Firm P.C.

Yes, I support TPAs

When I was at law school, I was the editor-in-chief of the law school’s newsmagazine. My rise to the top probably had a lot to do with the free time I had by not making law review or any other of the law journals. I failed to...more

Ary Rosenbaum - The Rosenbaum Law Firm P.C.

Attitudes To Avoid As A 401(k) Plan Provider

People will say my humor and hon- esty can drive people away. Bring- ing up some old wounds at some law firm I worked at for about 2 years, 14 years ago, might make people uncomfortable. They may be right, but being...more

Ary Rosenbaum - The Rosenbaum Law Firm P.C.

In the end, it’s all about competent plan administration

While I know my discussions about payroll provider third-party administration firms (TPAs) have hit nerves (especially those that work for those firms). We can all debate whether there is a link between running payroll and...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.

An Educational Policy Statement is just paper

Any type of item that keeps you health is a good thing as long as you use it. So the floss I bought after my last checkup and the treadmill that I bought my wife a few years ago that is collecting dust are meaningless if they...more

Ary Rosenbaum - The Rosenbaum Law Firm P.C.

In Praise Of Fee Disclosure

People who didn’t sponsor a plan or weren’t involved in the retirement plan industry before 2012, think some 401(k) industry veterans like myself, are part of some multiverse when we talk about life before fee disclosure. The...more

Ary Rosenbaum - The Rosenbaum Law Firm P.C.

Mark my words: Crypto in 401(k) is inevitable

While some providers were offering Crypto windows in 401(k) plans, I was vehemently against it because the Department of Labor (DOL) was against it. The volatility of crypto was one thing, security was another issue....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

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