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