Author Archives: admin

In a Rare Move, the DOL Backs the Employer in a Forfeiture Allocation Case—But Don’t Pop the Champagne Just Yet

Sometimes, in the strange world of ERISA litigation, you get a surprise. And in Hutchins v. Hewlett Packard, we got one: the Department of Labor, yes, that DOL, the one whose name alone strikes fear into the heart of many … Continue reading

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Even If You’re Right, You Can Still Get Sued

There’s a hard truth about being a plan sponsor or a plan provider: you can be doing everything right and still get sued. That’s the world we live in—especially in the retirement plan space. You can dot every “i,” cross … Continue reading

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Even If You’re Right, You Can Still Get Sued

There’s a hard truth about being a plan sponsor or a plan provider: you can be doing everything right and still get sued. That’s the world we live in—especially in the retirement plan space. You can dot every “i,” cross … Continue reading

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Beneficiary Statements: No Good Deed Goes Unlitigated

Could listing designated beneficiaries on a participant statement spark a fiduciary breach lawsuit? In today’s world, the answer is always yes — and in LeBoeuf v. Entergy, it did. This case involved Alvin Martinez, a longtime Entergy employee who remarried … Continue reading

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The Fraud That Is Matt Hutcheson

I’ve been in the retirement plan business for 27 years, and during that time, I’ve seen the best and the worst it has to offer. But without a doubt, the most despicable person I’ve encountered is Matt Hutcheson. Matt paraded … Continue reading

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Intel Wins: Ninth Circuit Puts the Brakes on Anti-Private Equity Lawsuit

After six long years of litigation, Intel’s 401(k) plan design just got a big legal endorsement. A three-judge panel from the Ninth Circuit dismissed a lawsuit filed by plan participants who claimed that including hedge funds and private equity in … Continue reading

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401(k) Mutual Fund Fees Hit Historic Lows—Again

The Investment Company Institute (ICI) just confirmed what many of us have seen on the ground: 401(k) mutual fund fees keep dropping, and that’s great news for plan participants. According to ICI’s 2024 report, average equity mutual fund expense ratios … Continue reading

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Uncashed Checks Still Count: The IRS Speaks (Again)

The IRS just dropped Revenue Ruling 2025-15, and while it’s not revolutionary, it’s a reminder that when it comes to uncashed distribution checks, constructive receipt still rules the day. Here’s the deal: If a participant or beneficiary doesn’t cash their … Continue reading

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Principal Hands Off PEP Administration to FuturePlan — and It Makes Sense

News that Principal has transitioned administration of its largest pooled employer plan (PEP), Principal EASE, to FuturePlan by Ascensus isn’t just a reshuffling of duties — it’s a smart move in a maturing market. Principal EASE serves a large base … Continue reading

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It All Works Out in the End

When I look back at my time as an employee, before I ran my own practice, before I was speaking in stadiums and calling the shots, I remember two kinds of people: the good ones and the bad ones. And … Continue reading

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