Author Archives: admin

Transamerica forks over another $5 million in another 401(k) lawsuit

If you’re a large plan sponsor, who also happens to offer your proprietary mutual funds in a 401(k) plan, you’re a mark for a lawsuit. Sometimes, twice. Transamerica has settled another lawsuit brought by participants who had alleged a breach … Continue reading

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When the DOL is asking questions on cybersecurity, have the answers

A few years back, I was representing a plan sponsor under a Department of Labor (DOL) audit for very frequent late deferral deposits. They were asking questions regarding an investment policy statement as well as the selection of the fiduciary … Continue reading

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Be a nice family member, get your beneficiary forms in order

I hate death, I hate talking about death, the whole point of living is not dying. Yet, when it comes to setting things rights, I’ve done the best I can in terms of drafting a will and keep beneficiary forms … Continue reading

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If it’s free, how much can it be?

Years ago, I started working and had a lot of free time (before marriage and kids). I saw that the local gym offered a free month gym membership. Being a naïve 26 year old, I went to the gym. From … Continue reading

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Put a process in place to find missing participants

More than 16 million accounts of $5,000 or less — $8.5 billion in the aggregate — were left in workplace plans from 2004 through 2013. That is part of the reason that the DOL believes that dealing with the missing … Continue reading

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Mid-2021 401(k) Update For Plan Sponsors

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

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Hell hath no fury than a former employee scorned

I always say that the reason I don’t have employees is I was once an employee too. I was never totally happy with pay and benefits and I don’t know if I ever could be totally satisfied where I worked. … Continue reading

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Beware of the audit of the audit and don’t pay for it

A plan with 100 or more participants requires an audit of a plan’s financial standing conducted by an independent qualified public accountant to be submitted along with Form 5500. One of the well-known secrets over the past 10 years is … Continue reading

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Hire an ERISA attorney for an audit

Attorneys have a bad reputation and a lot of times, it’s warranted. I jokingly said I knew why people hated lawyers just by going to law school. While people may have disdain for lawyers, they serve a purpose and that … Continue reading

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We can do better and we must

I’m that turd in the punch bowl, being frank and honest which makes some people very uncomfortable. Over the last 10 years, the 401(k) industry deserves much praise for doing a better job in terms of fees, transparency, education, and … Continue reading

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