News & Analysis as of

401k

Ary Rosenbaum - The Rosenbaum Law Firm P.C.

Surprise. Nasdaq 100 survey shows demand for Nasdaq 100 fund

Nothing surprises me much anymore, neither should the results of the survey that a Nasdaq 100 survey supports the inclusion of Nasdaq 100 index funds....more

Pillsbury - Propel

Preparing for the Unthinkable: Treatment of Compensation and Benefits on Death of an Employee

Pillsbury - Propel on

When an employee unexpectedly dies, companies often want to act quickly so as to minimize disruption to the deceased employee’s family. While that is an important goal, companies need to ensure that they follow federal and...more

Ary Rosenbaum - The Rosenbaum Law Firm P.C.

The problem with stock market volatility

I have experienced several bear markets as an ERISA attorney, and it’s never easy, especially with the current volatility due to tariffs....more

Ary Rosenbaum - The Rosenbaum Law Firm P.C.

Remember That Your 401(k) Plan Is An Employee Benefit

So often, people forget why something was implemented or done. They lose their way. That’s how I felt as a synagogue Vice President for about a year. As a 27-year ERISA attorney, I have encountered so many 401(k) plan...more

BCLP

SEC Staff Updates Rule 10b5-1 Interpretations

BCLP on

The SEC staff recently published updates to its interpretations (CDIs) for Rule 10b5-1 – the insider trading exemption for pre-established trading plans....more

Ary Rosenbaum - The Rosenbaum Law Firm P.C.

Whole Foods settles class action case

Whole Foods Market has agreed to settle a class-action lawsuit that alleged the company failed to prudently manage the administrative fees of its $1.9 billion 401(k) plan, resulting in millions in losses for employees....more

Ary Rosenbaum - The Rosenbaum Law Firm P.C.

Cornell case makes it easier for plan participants to sue

For years, I observed that federal courts were growing weary of cases involving fee litigation, but then the Supreme Court changed that perspective....more

Cooley LLP

Spring Cleaning for Corp Fin’s Rule 10b5-1 CDIs

Cooley LLP on

Last week, Corp Fin did some spring cleaning in the Rule 10b5-1 area by adding two new CDIs, revising 20 CDIs, and withdrawing three CDIs so they better jibe with the amendments to Rule 10b5-1 in 2022....more

Morgan Lewis - ML Benefits

DOL Issues Temporary Enforcement Policy for Small Amount Transfers to State Unclaimed Property Funds

The US Department of Labor recently issued Field Assistance Bulletin (FAB) 2025-01, a temporary enforcement policy regarding the transfer of small retirement plan benefits to state unclaimed property funds. This development...more

Pullman & Comley - Labor, Employment and...

Employee Benefit Plan Fiduciaries: Why Solid Fee Benchmarking Should Be On Your To-Do List

Certain transactions between employee benefit plans and “parties in interest” are prohibited under the Employee Retirement Income Security Act of 1974, as amended (ERISA). ...more

Ary Rosenbaum - The Rosenbaum Law Firm P.C.

How 401(k) Plan Sponsors Can Be Pro-Active

As a 401(k) plan sponsor, you need to understand that not only is the plan a great benefit for you and your employees, but it has some negative aspects if you’re not proactive in maintaining it. If you ignore your 401(k)...more

Ary Rosenbaum - The Rosenbaum Law Firm P.C.

These 401(k) average balances aren’t good

I remember when I was a kid and someone else’s parent bragged about how well their kid was doing. As a child and parent, I will attest that no one whose parents bragged they were a genius, was an actual genius. In addition,...more

Ary Rosenbaum - The Rosenbaum Law Firm P.C.

401GO partners with Mesirow

401GO has partnered with Mesirow to provide outsourced 3(38) fiduciary services to its clients. Mesirow’s 3(38) fiduciary services will be integrated into the 401GO retirement platform, making them available to approximately...more

Ary Rosenbaum - The Rosenbaum Law Firm P.C.

Lockhead-Martin sued for DIY TDFs

If you are a large 401(k) plan considering offering in-house funds, be prepared for potential lawsuits. Lockheed Martin Corporation and its subsidiary investment management company are facing legal action from current...more

Ary Rosenbaum - The Rosenbaum Law Firm P.C.

State Run Plans near $2 billion in assets

State-run retirement programs, including automatic individual retirement accounts (IRAs), are expanding access to retirement savings, with total assets nearing $2 billion. However, a new study from the Georgetown University...more

Morris, Manning & Martin, LLP

There May Still Be Work for Retirement Plans After the Check is in the Mail

A recent complaint (Dylan Handy v. Paychex, Inc.) highlights the potential for plan administrators, and their delegates, to continue monitoring distributions after being made. In this particular situation, the participant...more

Ary Rosenbaum - The Rosenbaum Law Firm P.C.

The Oceanside Pat On The Back Society

In the 401(k) industry, people get honored from time to time. Heck, I’ve even been named to 401k Wire’s Top 100 people in the 401(k) industry a couple of times. At no point, have I ever seen people undeserving get an honor....more

Ary Rosenbaum - The Rosenbaum Law Firm P.C.

Will Hardships go up in 2025? Time will tell

A rising number of plan participants are making early 401(k) hardship withdrawals. A report by Vanguard found that 4.8% of participants initiated a hardship withdrawal in 2024, which us up from 3.6% in 2023....more

Baker Botts L.L.P.

SCOTUS Holds ERISA Requires No Additional Pleading Requirements beyond § 1106 Elements for Prohibited-Transaction Claims,...

Baker Botts L.L.P. on

On April 17, 2025, the Supreme Court of the United States clarified the pleading requirements to bring a prohibited-transaction claim under the Employee Retirement Income Security Act of 1974 (“ERISA”) in Cunningham v....more

Keating Muething & Klekamp PLL

Benefits Monthly Minute - April 2025

The April Monthly Minute showers readers with some eye-opening case law updates, ranging from a $38.8M jury verdict in a 401(k) fee case, to a pair of cases involving Elevance (f/k/a Anthem) health plan coverage exclusions....more

Ary Rosenbaum - The Rosenbaum Law Firm P.C.

TIAA ranked as top recordkeeper website

A new report by research consultant Corporate Insight (CI) highlights that TIAA, Fidelity, and T. Rowe Price provide the best digital experiences among U.S. recordkeepers....more

Ary Rosenbaum - The Rosenbaum Law Firm P.C.

Be open and honest

Someone from my past was in a new line of work and I wanted to help them out. They were presenting a new 401(k) tool, which I thought was perfect. I thought it was a solution that could help third-party administrators (TPAs)...more

Lowenstein Sandler LLP

Supreme Court Ruling Makes It Easier for Participants To Sue Plan Fiduciaries

Lowenstein Sandler LLP on

On April 17, the Supreme Court unanimously resolved a circuit split in Cunningham v. Cornell University, holding that plan participants need only allege that fiduciaries engaged in a “prohibited transaction” under the...more

Jackson Lewis P.C.

Supreme Court Clarifies ERISA Prohibited Transaction Pleading Standards

Jackson Lewis P.C. on

On April 17, 2025, the U.S. Supreme Court, in a unanimous opinion, resolved a circuit split and established a plaintiff-friendly pleading standard for ERISA prohibited transaction claims in Cunningham v. Cornell University,...more

Ary Rosenbaum - The Rosenbaum Law Firm P.C.

BlackRock Lifepath lawsuits were a dud

I knew early from my law school days that I had zero interest in litigation. It was probably from Moot Court when that second year law student admonished my tie. I late discovered this second year law student was the...more

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