Author Archives: admin

EBSA hammers NY Courier for ERISA lawsuit

The Department of Labor (DOL) Employee Benefit security Administered has filed a lawsuit in Federal District Court for the Southern District of New York against Velo Corp. of America for breaches of fiduciary duty under ERISA. Velo Corp. is the … Continue reading

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When Your Fired 401(k) TPA Takes Things Personally

My latest article on JDSsupra.com can be found here.

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The old lawyer letter

When I was at law school, I was the editor of the student magazine there and I broke the story about a scandal at one of the law journals. The editor in chief was implicated and she gave me a … Continue reading

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Find out if you’re part of a controlled or affiliated service group

As a 401(k) plan sponsor, you need to make sure that all your plan providers understand any ownership interests in other companies that you may have and make a determination whether those interests constitute a controlled group or affiliated service … Continue reading

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Don’t waste a plan provider’s time

I started my practice almost 12 years ago and I devoted a huge part of it, to helping advisors with their clients. It’s a great way to get referrals, but there are times when the help I provided led me … Continue reading

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Northwestern case won’t help bad ERISA litigators

In Hughes v Northwestern, a unanimous Supreme Court held that the Seventh Circuit erred by holding that a plaintiff can’t state a plausible claim against plan fiduciaries based on the inclusion of a few imprudent investment options if the investment … Continue reading

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IRS determination letter procedure updated

Rev. Proc. 2002-4 listed the update for requesting Internal Revenue Service (IRS) determination letters, private letter rulings, and other tax advice on employee plan matters. IRS is transitioning this year to mandatory electronic submission of Form 5300, Application for Determination … Continue reading

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Bessemer Trust Company is latest proprietary fund/ 401(k) plan sponsors defendant

When you’re a plan sponsor and you run your own proprietary mutual fund business and have your 401(k) plan invest in said funds, expect to be sued. Bessemer Trust Company is being sued over the Bessemer Trust Company 401(k) and … Continue reading

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The Pet Peeves About Being A 401(k) Plan Sponsor And What You Can Do About It

My latest article on JDSupra.com can be found here.

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What makes a good TPA? Simple, service.

A bad third-party administrator (TPA) can be a weapon of mass destruction. So when plan sponsors focus on price or using their payroll provider in selecting the TPA, they neglect the most important attribute of a good TPA: service. A … Continue reading

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