Monthly Archives: December 2024

GAO doesn’t show much about Crypto in 401(k)

The Government Accountability Office (GAO) unleashed a report about crypto assets in 401(k) plans, but it didn’t reveal much. According to the GAO, industry data suggests that 401(k) investment in crypto assets remains low. But the report leaned more heavily … Continue reading

Posted in Retirement Plans | Leave a comment

It’s so apparent, they still won’t see it

There are so many times in business where you may craft the greatest idea out there that will make people money that they’d accept, but they still won’t. When I was at that semi-prestigious law firm, they had a rule … Continue reading

Posted in Retirement Plans | Leave a comment

Win, Lose, or Draw

As an ERISA attorney for 26 years, I have seen a lot of strange things that plan sponsors have done to risk the ire of the Internal Revenue Service (IRS) and the Department of Labor (DOL). Many of these strange … Continue reading

Posted in Retirement Plans | Leave a comment

We may hear of VFCP changes soon

The Department of Labor (DOL) might be releasing changes to its Voluntary Fiduciary Correction Program (VFCP). The White House’s Office of Budget and Management (OMB) received the DOL’s final rule updating the VFCP on November 20th. Usually, OMB has up … Continue reading

Posted in Retirement Plans | Leave a comment

Transamerica launches PEP with DWC

Transamerica announced the launch of DWC 401(k) Pooled Plan Solutions, featuring the expertise of DWC – The 401(k) Experts, Transamerica, and Leavitt Retirement Partners serving as the 3(38) fiduciary. With two plan options under a single recordkeeping structure, employers can … Continue reading

Posted in Retirement Plans | Leave a comment

The beneficiary form and the need for no drama

As a plan sponsor, you need to ensure that participant beneficiary forms are up to date. It’s not enough to ensure that every participant has filled one out; you also have to ensure that they’re updated. Family lives and situations … Continue reading

Posted in Retirement Plans | Leave a comment

Breaking up with your TPA can be hard to do

The MTV reality series The Real World ended their opening intro with “to find out what happens… when people stop being polite… and start getting real.” As an ERISA attorney working with retirement plan clients, I often find that what … Continue reading

Posted in Retirement Plans | Leave a comment

Investment education is all about a process

Advisors ask me all the time about the role of education in participant-directed 401(k) plans. Participant-directed 401(k) plans that are governed under ERISA §404(c) offer the plan sponsors liability protection based on a participant’s gains or losses on their account … Continue reading

Posted in Retirement Plans | Leave a comment

The problem of PEP administration

The problem with starting college and dorming is that your roommate or suitemate might be a maniac. You get connected to these people through a random draw. When starting a Pooled Employer Plan (PEP) and running it, you have the … Continue reading

Posted in Retirement Plans | Leave a comment

Make sure those exclusions make sense

If you restrict eligibility from your retirement plan to a certain group of employees outside of the statutory exclusions (such as union employees or non-resident aliens), it might make sense to determine whether that exclusion is still proper. Any definitions … Continue reading

Posted in Retirement Plans | Leave a comment