Regulators Seek Comment on ERISA Disclosure Requirements
The IRS, PBGC and EBSA are accepting suggestions on how to simplify disclosures to benefit fiduciaries and participants.
Tag: ERISA
ASA Calls on Congress to Name DOL Employees Involved With Fiduciary Proposal
The American Securities Association asked Congress in a letter to identify DOL staff involved in the fiduciary proposal and to...
401(k) Litigation Continues At ‘Fever Pitch’
Euclid Fiduciary’s litigation summary shows a dip in lawsuits in 2023, but signs of an uptick this year.
American Securities Association Says DOL Acting Secretary Cannot Finalize Fiduciary Proposal
The trade organization challenged the DOL’s proposal on several grounds, including that an acting cabinet secretary cannot finalize a rule.
2023 Retirement Plan Litigation Highlights
Sean Duffy, investment & fiduciary consultant with Conrad Siegel, notes key cases and learnings from the year in 401(k) litigation.
Clorox Seeks Dismissal of 401(k) Forfeiture Complaint
The company argues in the filing that its fiduciaries followed IRS guidance on how unused retirement assets can be used.
Litigation Trends to Watch in 2024: Drop in TDF Suits, More Forfeiture Complaints
Attorneys from Faegre Drinker Biddle & Reath LLP discuss qualified retirement plan litigation trends for the new year.
Tyson Foods Employees Allege Excessive 401(k) Plan Fees
The plaintiffs’ complaint included a detailed comparison of allegedly similar, lower-cost recordkeeper fees for the plan with $3.2B in assets.
IRS Part-Time Eligibility Rules Bring Relief, Surprise, Deadline Concern
The vesting rule in the proposal is a focus for industry experts.
Part-Time Retirement Eligibility Proposal Seeks to Clarify Complex Legislation
The IRS published fiduciary guidance on legislation intended to give more part-time workers access to retirement plans.
New Senate Bill Would Prevent Retirement Plans from Omitting Workers Aged 18-20
Many plans start participation at age 21; new legislation would require inclusion of anyone 18 or older.
Advisers Selling Product, Not Process, in Fiduciary Rule Crosshairs
Experts discuss the ripple effect of the Department of Labor’s proposed fiduciary rule amendments.
State AGs Appeal Dismissal of Suit Challenging DOL’s ESG Rule
The Department of Labor’s defense continues on two tracks, one in Wisconsin, and 2another in the 5th Circuit.
Case sensitive
Are They Legally Binding?
Circuit courts are mixed on arbitration clauses in plan documents.
OMB Begins Holding Stakeholder Meetings for New Fiduciary Rule
The proposal will likely address compensation structures and IRA rollovers, though no draft is available yet.
Two Plan Sponsors Accused of Improper Use of 401(k) Forfeitures
ERISA experts point to longstanding and widespread practice of using forfeitures to reduce future employer contributions or pay reasonable expenses.
Colgate-Palmolive Submits Motion for Summary Judgment in Retirement Fraud Lawsuit
Legal Counsel for the Colgate-Palmolive Employee Relations Committee aim to terminate the plan sponsor's participation in a lawsuit alleging the...
DOL Approves Citi Diverse Asset Program for 401(k)s
According to the regulator, Citi will not violate ERISA fiduciary duties by paying plan fees of diverse asset managers.
Will ESOPs Finally Get Regulatory Clarity?
SECURE 2.0 requires DOL to create rules for ESOP valuation.
What Advisers Should Know About Cybersecurity Insurance
Experts provide insight into an insurance market predicted to grow from $6 billion to $33 billion in coming years.