Author Archives: admin

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

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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

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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

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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

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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

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Be clear

In communications with other plan providers, clients, and potential clients, you have to be clear. There isn’t much room for miscommunication. When dealing with clients, miscommunications can lead plan sponsors to some huge mistakes. Everything you write or say must … Continue reading

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Controlled group determination, affiliated service needs more info

“The Bears are what we thought they were. Th-they’re what we thought they were. We played them in preseason. I mean, who the hell takes the third game of the preseason like it’s bullshit? Bullshit! We played them in the … Continue reading

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Make sure what that it works

At home, I have Verizon FIOS for TV and the Internet after having my cable provider, Optimum for about 13 years. A few years ago, I was enticed to re-sign with Optimum and their new Altice converter box/router. When it … Continue reading

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ERISA changes under Trump? Your guess is as good as mine

As January 20th approaches, people in this business will question what a second Trump administration means for 401(k) plans. I don’t know because Donald Trump works outside the lines compared to other people in politics. He has some tax legislation … Continue reading

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That ESG rule will be in the waste basket soon

For 2025, the ESG rule will be history for now. Donald Trump as President will reverse the Department of Labor’s ESG rule that allows retirement plan fiduciaries to consider environmental, social, and governance (ESG) factors in retirement plan investment decisions. … Continue reading

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