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Latest Published Articles, Papers, and Research From Across the Web

403b Terminations: Important Considerations

There are a variety of important considerations concerning terminations and freezes of a plan and that includes 403b plans. In an ASPPA webcast, Kelsey Mayo, American Retirement Association's Director of Regulatory Policy and a partner with the Poyner Spruill LLP law firm, addressed priorities related to terminations of 403b plans.

Source: Napa-net.org, April 2021

Principal Prevails in Price-Fixing Fiduciary Suit

In a complicated case that a federal judge acknowledged "...presents interesting issues about what it means to be an ERISA fiduciary under the circumstances presented," Principal Life once again fended off fiduciary claims regarding the operation of its PFIO offering.

Source: Napa-net.org, April 2021

Warning Signs That Your Retirement Plan Might Be in Trouble

There are warning signs that your plan is in trouble. If you pay attention to these warnings signs, you might avoid costly problems like compliance fees and penalties as well as potential fiduciary liability. Here are some of the warnings signs that your retirement plan might be in serious trouble.

Source: Jdsupra.com, April 2021

IRS Sets 2021 Retirement Plan Compliance Priorities

The IRS's Tax Exempt and Government Entities Compliance Governance Board has approved the items noted here to be prioritized and resourced, primarily through examination.

Source: Futureplan.com, April 2021

Another Court Finds 401k Plan Participant Data Is Not a Plan Asset

In its role as the plan's recordkeeper, Fidelity Investments Institutional Operations Company, Inc., maintained various categories of confidential participant data, including participants' names, contact information, social security numbers, financial information, account balances, age, income, and marital status. The plaintiffs alleged that the participant data is a "plan asset" under ERISA, making Fidelity an ERISA fiduciary and that Fidelity breached its fiduciary duties by sharing the participant data with the other Fidelity defendants, which allegedly used the data to solicit participants for additional Fidelity products.

Source: Faegredrinker.com, April 2021

401k: Deadline for Returning 2020 Excess Deferrals Remains April 15, 2021

On April 8, 2021, the IRS announced on the "Employee Plan News" section of its website that the deadline for returning excess deferrals made to 401k retirement plans has not been extended along with the general federal income tax deadline.

Source: Compliancedashboard.net, April 2021

Can Mandatory Arbitration Rein in ERISA Litigation? Appellate Courts Weigh In

Mandatory arbitration of fiduciary breach claims is the latest and most significant battleground. ERISA is silent on arbitration, but the Federal Arbitration Act encourages arbitration of disputes. Two relatively recent Supreme Court decisions upheld arbitration clauses in the employment context, although the Supreme Court has not specifically addressed the permissibility of mandatory arbitration under ERISA. In the meantime, federal courts are grappling with these issues in inconsistent decisions.

Source: Cohenbuckmann.com, April 2021

The Twists and Turns of the DOL Fiduciary Rule

The DOL's fiduciary rule still generates discussion. That's staying power, it was first proposed more than a decade ago. A March 31 NTSA webcast took a look at the rule and current developments involving it.

Source: Asppa.org, April 2021

More Articles, Papers, and Research »


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Collected Wisdom™

Our researchers look for what they think are some of the better resources available to assist you in administering your plan or helping your clients. We group these resources in our COLLECTED WISDOM™ topics to make it easy for you to locate the information you need. Each item in a category contains a summary and date of when it was placed in the group.

We also maintain some older material in these collections for perspective and context.

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Tools and Resources

Calculators, charts, samples, directories and other resources to help you run and manage your plan or practice.

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