Category Archives: Retirement Plans

The Truth about plan disqualification

In the movie Casino, Robert De Niro’s character Lefty Rosenthal warns Joe Pesci’s character Nicky Santoro that his actions will get him into the Gaming Control Board’s “Black Book”, which means he would be banned from all casinos. Nicky doesn’t … Continue reading

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Beware of TPAs who are really insurance sales people

A friend of mine who is a financial advisor asked me about a third party administration (TPA) firm that is close to where I live in Long Island. My friend has this prospect with a defined benefit plan handled by … Continue reading

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Schlichter hit with $1.5 million sanction

Being an ERISA litigator isn’t as easy as one may think. For class action lawsuits, you’re fronting money with the hopes of getting a large settlement in a class action. You’re pushing novel legal theories and sometimes, the court pushes … Continue reading

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The Part Time, Long Term Problem

The SECURE Act made a profound change that will affect any 401(k) plan with part time employees by requiring that long term, part time employees be able to make deferrals in a 401(k) plan For plan years beginning after Dec. … Continue reading

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MGM Resorts craps out with 401(k) lawsuit

Sometimes, the house misses. MGM Resorts International has been sued by participants of its 401(k) plan alleging breaches of fiduciary duties by allowing excessive recordkeeping and investment fees. The lawsuit claims that MGM Resorts breached their duties by failing to … Continue reading

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The To-Do List For 401(k) Plans Now: 2020-2021 Edition

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

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Fall Back Into Your Role As A 401(k) Plan Sponsor

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

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It’s a Process and Not A Result

Advisors ask me all the time of 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 … Continue reading

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Starting From Nothing

I always talk about my frustrating experience at a certain semi-prestigious Long Island law firm (sorry, Lois). I do it partly to rub my success in their noses because they never had faith in me, but mostly because the way … Continue reading

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Your Referrals Shouldn’t Be For Sale

My word is my bond; at least I try to make it that way. My opinions on which providers are good for plan sponsors aren’t for sale and neither should yours. When I get asked for referrals, I always try … Continue reading

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