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JDSupra
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Author Archives: admin
One of the biggest misconceptions plan sponsors have is that their 401(k) plan runs itself. Many employers believe that once they hire a recordkeeper and a TPA, the heavy lifting is done and the plan essentially goes on autopilot. Unfortunately, ERISA doesn’t work that way. A retirement plan requires active oversight, and the plan sponsor remains responsible no matter how many service providers are involved. Hiring good providers is important, but providers only work with the information they are given. If payroll data is wrong, eligibility dates are missed, or ownership information changes without being communicated, the plan will operate incorrectly. Service providers don’t sit inside your business watching your day-to-day operations. They rely on you. Fiduciary responsibility cannot be delegated away completely. Even when a sponsor hires a 3(21) or 3(38) investment advisor, the sponsor still has the duty to monitor those providers. That means reviewing fees, understanding services, and making sure the plan is operating according to its terms. Too many sponsors only think about their plan once a year when the census is due or the Form 5500 needs to be signed. A retirement plan deserves more attention than that. Regular review of eligibility, contributions, notices, and plan operations can prevent expensive corrections later. The truth is simple: a 401(k) plan that is left alone will eventually develop problems. The sponsors who avoid trouble are the ones who stay involved and ask questions. A well-run 401(k) plan is never on autopilot. It requires attention, oversight, and a sponsor who understands that responsibility ultimately rests with them.
Many employers view their 401(k) plan primarily as a tax deduction. The company makes contributions, deducts them on its tax return, and considers the job done. While the tax benefits are important, treating a retirement plan as just another deduction … Continue reading
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Your 401(k) Plan Is Not on Autopilot
One of the biggest misconceptions plan sponsors have is that their 401(k) plan runs itself. Many employers believe that once they hire a recordkeeper and a TPA, the heavy lifting is done and the plan essentially goes on autopilot. Unfortunately, … Continue reading
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The DOL Wants Paper Statements Again
The Department of Labor has proposed new regulations updating ERISA electronic disclosure rules to implement the SECURE 2.0 requirement that participants receive periodic paper benefit statements. Under the proposal, defined contribution plans would be required to provide at least one … Continue reading
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A New Retirement Plan for Workers Without 401(k)s
During the State of the Union address, President Trump floated a proposal to expand retirement coverage to millions of workers who currently have no access to an employer-sponsored retirement plan. The idea is to create a government-backed retirement account modeled … Continue reading
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Why the New “Penalty-Free” Emergency 401(k) Withdrawal Deserves a Closer Look
The headline sounds reassuring: many employers now offer a penalty-free emergency withdrawal from a 401(k). On its face, allowing participants to access up to $1,000 without the 10% early-distribution penalty feels like a sensible, humane change. And in some cases, … Continue reading
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The Providence 401(k) Settlement and the Danger of Treating “Administrative” Issues as Small Stuff
The recent settlement involving Providence Health & Services is one of those cases that makes plan sponsors uncomfortable for the right reasons. There was no allegation of flashy misconduct, no exotic investments, no dramatic collapse of oversight. Instead, the case … Continue reading
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Plan Design Through the Ages: Why Today’s Best Practices Didn’t Appear Overnight
Retirement plan design didn’t emerge fully formed with the first 401(k). Like most things worth understanding, it evolved—slowly, imperfectly, and often in response to failure. When plan providers and sponsors treat design decisions as plug-and-play features, they miss an important … Continue reading
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The 80/20 Rule for Sponsor Meetings: Focus on What Actually Matters
I’ve sat through more retirement plan meetings than I can count, and if there’s one recurring problem, it’s this: too much time spent on things that don’t materially move the needle, and not enough time on the issues that actually … Continue reading
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The Hidden Cost of Not Benchmarking
Benchmarking is often treated as a formality, something sponsors do to check a box. That mindset overlooks the real cost of not benchmarking—and it’s rarely obvious until it’s too late. Fees don’t usually become unreasonable overnight. They drift. Services change, … Continue reading
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The Most Important 30 Minutes of Your Plan Committee Meeting
Most plan committee meetings last an hour or more, but only a small portion of that time actually reduces fiduciary risk. In my experience, the most important part of any meeting is a focused 30-minute window where real decisions are … Continue reading
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