Author Archives: admin

Qualcomm fails to get forfeiture case tossed

A federal judge in San Diego rejected Qualcomm Inc.’s motion to dismiss a lawsuit by a 401(k) plan participant over forfeitures. The key issue here is whether Qualcomm could use forfeitures to reduce employer contributions. The Internal Revenue Code allows … Continue reading

Posted in Retirement Plans | Leave a comment

TIAA needs to litigate cross-selling lawsuit

A lawsuit against TIAA’s cross-selling a managed account service will proceed after their motion to dismiss was denied by a federal district court judge in New York. John Carfora, Sandra Putnam, and Joan Gonzales sued TIAA in the U.S. Southern … Continue reading

Posted in Retirement Plans | Leave a comment

Vestwell announces Chase deal

Vestwell announced the expanded distribution of J.P. Morgan Asset Management’s Everyday 401(k), as well as the expansion of the Everyday 401(k)’s capabilities, including allowing financial advisors to serve as a 3(38) investment manager in the workplace retirement plan. J.P. Morgan’s … Continue reading

Posted in Retirement Plans | Leave a comment

Know when a SEP no longer fits

Small employer plans like a SEP or a SIMPLE-IRA are great opportunities for small businesses to save for retirement because of the no administration costs. However, like clothing for kids, there will be a time when these plans no longer … Continue reading

Posted in Retirement Plans | Leave a comment

The question of providing information

ERISA requires disclosure of certain plan documents to participants including a summary plan description, statements, and notices. The problem is what do you do with people who aren’t participants such as potential employees? If you’re scared about providing an SPD … Continue reading

Posted in Retirement Plans | Leave a comment

Trust takes time

The retirement plan business is all about trust. It’s built on trust and trust takes time. So when an advisor calls me up and asks if I can refer them clients, it’s a faux pas on their part because they … Continue reading

Posted in Retirement Plans | Leave a comment

Every action has a reaction

I always say that the world would be better off, just if every human being would realize that there are other human beings out there. The person who plays on their phone without an earpiece, the person who won’t return … Continue reading

Posted in Retirement Plans | Leave a comment

The problem of the de-conversion process

Years ago, I was the Executive Editor of my law school’s news magazine. In one of my final issues, a friend of mine wrote an article that was serious, but funny at times. His bone of contention was over professor … Continue reading

Posted in Retirement Plans | Leave a comment

You need a financial advisor

I am still shocked at how often I find participant-directed 401(k) plans without a financial advisor. While I understand how solo 401(k) plans don’t have an advisor because individuals think they can do it on their own. I have a … Continue reading

Posted in Retirement Plans | Leave a comment

Picking the cheapest provider can be a breach of fiduciary duty

When it comes to health and fitness, you constantly hear studies about what foods fight or cause cancer. Of course, those studies are then debunked. I remember how oat bran was cited to cut down on cholesterol and how margarine … Continue reading

Posted in Retirement Plans | Leave a comment