News & Analysis as of

Retirement Department of Labor (DOL) Employee Retirement Income Security Act (ERISA)

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

Hogan Lovells

Court rulings put implementation of Department of Labor Fiduciary Rule on hold

Hogan Lovells on

Two federal district courts in Texas have issued orders staying the implementation of the United States Department of Labor’s (DOL) 2024 Fiduciary Rule (the Final Rule) and related prohibited transaction exemption amendments....more

Nelson Mullins Riley & Scarborough LLP

Federal Court Finds Pension Plan “Established” by Hospital Authority is Exempt from ERISA

The case involves a dispute over the sponsorship and funding obligations for a pension plan formed by a Hospital Authority in Georgia. Our...more

Ary Rosenbaum - The Rosenbaum Law Firm P.C.

New DOL rule frozen by Texas Federal judge

U.S. District Judge Jeremy Kernodle, of the Eastern District of Texas, has frozen the new fiduciary rules, by issuing a preliminary injunction to freeze the Department of Labor’s (DOL’s) Retirement Security Rule, which is...more

Ary Rosenbaum - The Rosenbaum Law Firm P.C.

Experts at Advisory Council push for annuities

What is old is new again. Experts at an ERISA Advisory Council hearing recommended that annuities should be part of a defined contribution plan’s default The council is a 15-member body that advises the Department of Labor...more

Jackson Lewis P.C.

Should We Submit Missing Participant Data to the DOL with the Plan’s Form 5500?

Jackson Lewis P.C. on

If the U.S. Department of Labor’s Notice of Proposed Information Collection Request, issued on April 15, 2024, becomes final, fiduciary retirement plan committees may be asked to evaluate the important question of whether the...more

Ary Rosenbaum - The Rosenbaum Law Firm P.C.

Oh, The Brutal Mistakes That 401(k) Plan Sponsors Make

A 401(k) plan has so many moving parts, that errors do happen. I always say that if you want to find a mistake within a plan, you will eventually find one. However, there is a simple difference between common mistakes and...more

Faegre Drinker Biddle & Reath LLP

DOL Finalizes Changes to the Qualified Professional Asset Manager (QPAM) Exemption: What Investment Managers Need to Know

On April 3, 2024, the U.S. Department of Labor (DOL) published an updated final version of prohibited transaction class exemption 84-14, also known as the qualified professional asset manager exemption (PTCE 84-14 or the QPAM...more

King & Spalding

Department of Labor Finalizes Changes to QPAM Exemption

King & Spalding on

Investment managers who manage private employee benefit plan and individual retirement account (collectively, “Plan”) assets have long relied on Prohibited Transaction Class Exemption 84-14 (commonly referred to as the “QPAM...more

Jones Day

Another 401(k) Plan Sponsor Faces Novel Suit Regarding its Use of Forfeiture Funds

Jones Day on

The Employee Retirement Income Security Act ("ERISA") plaintiffs' bar has found a new way to allege that 401(k) plan sponsors have breached their fiduciary duty....more

Ary Rosenbaum - The Rosenbaum Law Firm P.C.

401(k) Plan Providers Need To Be Secure After SECURE

While I took a couple of courses on ERISA and retirement plans for my Boston University Tax L.LM degree, my real education began in September 1998 when I worked for Harvey Berman, who co-owned a third-party administration...more

Ary Rosenbaum - The Rosenbaum Law Firm P.C.

These Things You Can’t Afford To Neglect About Your 401(k) Plan

We all know from your health, that if you neglect certain things, it will hurt you later down the line. Whether it’s your heart or your teeth, neglecting important health issues is only going to make the situation worse. The...more

Ary Rosenbaum - The Rosenbaum Law Firm P.C.

401(k) Plan Sponsors Need To Sweat The Small Stuff

They say that you shouldn’t sweat the small stuff. As a kid from Brooklyn, I do sweat the small stuff. When they say that you shouldn’t sweat the small stuff, they mean that you should not focus your energy on things that...more

Groom Law Group, Chartered

2024 Adjusted Penalties for ERISA Violations

On January 11, 2024, the Department of Labor (“DOL”) released a final rule that provides new figures reflecting the adjusted civil penalty amounts for 2024, pursuant to the Federal Civil Penalties Inflation Adjustment Act...more

Seward & Kissel LLP

DOL Proposes to Expand the Definition of an ERISA Fiduciary

Seward & Kissel LLP on

On November 3, 2023, the U.S. Department of Labor (DOL) proposed a collection of regulatory changes in its ongoing quest to update the definition of a “fiduciary” under ERISA and Section 4975 of the Internal Revenue Code (the...more

Proskauer - Employee Benefits & Executive...

TRICK-or-TREAT? DOL Proposes Spooky New “Retirement Security Rule” That Would Expand the Scope of Fiduciary “Investment Advice”

Responding to the “terrifying” reality that conflicted investment advice is costing retirement savers billions of dollars each year, on October 31, 2023, the Department of Labor (“DOL”) issued proposed rules representing its...more

Fox Rothschild LLP

What About the 401(K) you had from that Company in Trenton You Worked for in 1991?

Fox Rothschild LLP on

Like it or not, “gig” work is becoming the norm and not the exception and a recent article published by CNBC proves the point. Earlier this month they reported that 20% of adults own what pension folks call an inactive 401(K)...more

Ary Rosenbaum - The Rosenbaum Law Firm P.C.

Concrete manufacturer sued by the DOL for failure to make loan repayments and matching contributions

The Department of Labor (DOL) has sued New Jersey concrete manufacturer Di Ferraro Inc. for failure to remit participant deferrals for loan repayments and failed to make promised employer matching contributions to its 401(k)...more

Jackson Lewis P.C.

ESG Considerations for Retirement Plans: A Moving Target

Jackson Lewis P.C. on

For those with an eye on ERISA and its fiduciary rules, the past few years have caused whiplash when it comes to environmental, social, and corporate governance (“ESG”) investments in retirement plans....more

Ary Rosenbaum - The Rosenbaum Law Firm P.C.

I get what Fidelity is trying to do

People are scratching their heads, the Department of Labor (DOL) had grave concerns over offering crypto in 401(k) plans, and less than a week later, Fidelity announced their plan to offer Bitcoin as an option for plan...more

Holland & Hart - The Benefits Dial

You Spin Me QPAM Baby QPAM: DOL’s Proposed QPAM Rule May Mean Changes to Collective Trust Agreements for Plan Sponsors

The DOL published on July 27, 2022 a proposed change to the QPAM Exemption (“Proposed QPAM Amendment”) that may require retirement plan sponsors to update their collective trust agreements in order to satisfy the new DOL...more

Faegre Drinker Biddle & Reath LLP

Compliance with PTE 2020-02: Mitigating Conflicts of Interest

The DOL’s prohibited transaction exemption (PTE) 2020-02 (Improving Investment Advice for Workers & Retirees), allows broker-dealers and their registered representatives (advisors) to receive conflicted compensation resulting...more

Faegre Drinker Biddle & Reath LLP

Best Interest Standard of Care for Advisors #87: Specific Reasons for Rollover Recommendations That Won’t Work (Part 1)

The DOL has issued FAQs that generally explain PTE 2020-02 and the expanded definition of fiduciary advice, particularly for rollover recommendations. The DOL’s expanded definition of fiduciary advice was described in...more

Ary Rosenbaum - The Rosenbaum Law Firm P.C.

Revenue Sharing has been dying for years

Any article that states that revenue sharing has been declining in 401(k) plans is stating the obvious. Like with a dying business or organization, you can see it a mile away. Revenue sharing has been dying since the day that...more

Snell & Wilmer

2021 End of Year Plan Sponsor “To Do” List (Part 1) Health and Welfare

Snell & Wilmer on

We are pleased to present our annual End of Year Plan Sponsor “To Do” Lists. This year, we present our “To Do” Lists in four separate Employee Benefits Updates. This Part 1 covers year-end health and welfare plan issues....more

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