Tag Archives: Employee Retirement Income Security Act (ERISA)

Penalty Amounts Get Adjustment (Upward, of Course)

The Department of Labor (DOL), along with several other federal agencies, recently released adjusted penalty amounts for various violations. The amounts had not been adjusted since 2003, so there was some catching up to do, as required by legislation passed […]

Posted in Health Care Reform, Health Plans, Legal Updates, Plan Administration and Compliance, Qualified Plans, Welfare Plans | Tagged , , , , , , , , | Leave a comment

Exceptional Plan Governance: Beat Back the Coming Litigation Onslaught

It was bound to happen. For several years, the plaintiffs’ bar has sued fiduciaries of large 401(k) plans asserting breach of their duties under ERISA by failing to exercise requisite prudence in permitting excessive administrative and investment fees.  It may […]

Posted in Commentary/Opinions/Views, ERISA Litigation, Fiduciary Issues, Plan Administration and Compliance, Tax-qualified Retirement Plans | Tagged , , , , , , | Leave a comment

Keeping Your (Top) Hat On

“Top hat” plans are plans employers maintain for a “select group of management or highly compensated employees.” These plans are exempt from many of ERISA’s protections, including eligibility, vesting, fiduciary responsibility and funding. Thus, they are often used to provide […]

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Education or Advice: The DOL Final Definition of Fiduciary; Conflict of Interest Rule

Earlier this month, the Department of Labor finally released the long-awaited “Definition of Fiduciary; Conflict of Interest Rule.” This blog post is intended to do two things: Provide a brief history of the proposal, and Provide an overview of the […]

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Hurry up and Spend the Money?

It’s like a simple set of facts on a law school exam with an answer that defies logic. And, yet, Supreme Court precedent has brought us to this illogical conclusion. Facts: Participant agrees to reimburse the plan money it has […]

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California Court Recognizes Same-Sex Marriage a Week Prior to Windsor

Earlier this month, the U.S. District Court for the Northern District of California recognized the retroactive application of United States v. Windsor. In Schuett v. FedEx Corporation, plaintiff and her long-time same-sex partner, Lesly Taboada-Hall were married in a civil […]

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The Force Awakens on 2016

The ball dropped on 2016, but don’t drop the ball on your benefit plan compliance.  As part of our annual tradition, we’re pleased to present this year’s Top Ten New Year’s Countdown for the reading pleasure of our fellow ERISA […]

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Reacting to Our Failure to Effect Sound Retirement Policy

Ever since ERISA was first promulgated, and notwithstanding consequential economic, societal and demographic changes, efforts at improving the nation’s employer-based retirement structure have had fits and starts mostly due to the failure of Congress and the Nation to revisit retirement […]

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DOL’s Proposed Amendments to the Claims Procedure For Plans Providing Disability Benefits

Recently, the DOL released proposed amendments to the current procedural rules for employees claiming disability benefits under an ERISA plan. The proposed rules enhance existing procedures, mirror the procedural protections for claimants contained in the PHS 2719 Final Rule, and […]

Posted in Health Plans, Legal Updates, Plan Administration and Compliance, Qualified Plans, Tax-qualified Retirement Plans, Welfare Plans | Tagged , , , , , , , , , , , , | Leave a comment

Did They Do It? The Department of Labor “Clearing the Way” for State-Based Retirement Plans

It is not news that Americans aren’t saving enough for retirement. But, what is news, is that this Administration seems to be bent on making some meaningful change on that front with the enactment of one particular solution – state-based […]

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