Category Archives: Retirement Plans

When I started my law practice, I started to look at what the competition was doing and I decided to do things differently. Other ERISA attorneys charge by the hour, they charge for every phone call, and I just didn’t … Continue reading →

There are quite a few people who will say that the Department of Labor (DOL) didn’t go far enough in their proposed regulations on electronic delivery of plan disclosures. I’m just glad the DOL is now in the 21st century. … Continue reading →

As they once said in This is Spinal Tap, there is a fine line between stupid and clever. I can assure you that Michael McKeon who played David St. Hubbins in the movie and co-wrote it, was not in plan … Continue reading →

ERISA requires disclosure of certain plan documents to participants including a summary plan description, statements, and notices. The problem is what do you do with people who aren’t participants such as potential employees? If you’re scared about providing an SPD … Continue reading →

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

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 →

As a 401(k) plan sponsor, you need to know that plan errors happen all the time. A 401(k) plan has so many moving parts, so that means something might break. The problem here is that while things can happen without … Continue reading →

One of the biggest problems for my clients after they hire me is that they realize that they never bothered to review the plan provider contracts that they signed long ago. There might be surrender charges or termination fees that … Continue reading →

I use the expression “garbage in, garbage out” if an end of year census report is done incorrectly and the third party administrator (TPA) doesn’t pick up the error. When given that census request at the beginning of the new … Continue reading →

As I always say, being a mutual fund company with proprietary funds in their 401(k) plan makes them a target. Despite winning a motion for summary judgment, Invesco just filed a notice of settlement concerning their 401(k) plan as plaintiffs … Continue reading →