Category Archives: Retirement Plans

Things in a 401(k) Plan That Just Don’t Look Right

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

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What You Should Be Worried About When You “Divorce” Your 401(k)’s TPA

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

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This Catch Up Roth change is going to be fun and it’s going to be a hot mess

To pay for the tax savings implemented by SECURE 2.0, there was a huge tax revenue earner. Beginning in 2024, SECURE 2.0 significantly changes the rules for catch-up contributions. The law will require plans that permit catch-up contributions to accept … Continue reading

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Pick your battles

If I have to say one sad thing about my experiences is that I try to get along with people and not fight, yet I get drawn into battles. As I get older, not as much. But sometimes you get … Continue reading

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If it gets people to save, it’s a good thing

When we had our inaugural Retirement Roundtable during That 401(k) National Virtual Conference last January, I would see some of the chat in the Zoom room among attendees. Some were annoyed at some of the SECURE 2.0 requirements that new … Continue reading

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Make sure you have contracts for everything

The reason you have contracts is really to detail the deal that you have. While people think you need to have all contracts in writing, you don’t, but you have to protect yourself. Years ago, I had a big client, … Continue reading

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Plans don’t want retirement income solution

While there has been a push to allow 401(k) plan sponsors to offer retirement income solutions for participants, most plan sponsors aren’t interested in offering it. PGIM conducted a study that found that while seven out of 10 plan sponsors … Continue reading

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Plan sponsors simply can’t overpay

When I was 13 and I had my Bar Mitzvah, I plucked down about $2,000 in 1985 money for a state-of-the-art Apple IIe with a monochrome monitor. One of the first pieces of software I bought was that top desktop … Continue reading

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The problem of free or cheap plan documents

As an ERISA attorney who drafts plan documents at a flat fee, my biggest competitors are not other ERISA attorneys, but third-party administration (TPA) firms. Plan documents are just another service that TPAs can provide and they can provide it … Continue reading

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Plan errors are more likely than fiduciary breaches

If you read my writings, you know that fiduciary liability is one of the plan sponsor’s more important concerns as a plan fiduciary. Since participant-directed plans under ERISA §404(c) are supposed to limit a plan sponsor’s liability, I have consistently … Continue reading

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