I’ll admit I don’t completely understand Cryptocurrencies or “Crypto” for short. And without wanting to sound immodest, I’m not unintelligent or inexperienced in the world of investments or employee benefits, business, or the law. Therefore, I will not try to
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Ninth Circuit Applies Hughes v. Northwestern Supreme Court Standard In Overturning 2 Motion To Dismiss Cases-Or Did They?
In what appears to be the first Appellate Court decisions on what plaintiffs need to allege to defeat a motion to dismiss for failing to state a cause of action in an excessive fees case since the Supreme Court decided…
Justices Make Short Work Of Northwestern University’s Fiduciary Defense
CalSavers Begins Assessing Penalties-Threshold Number Of Employees Drops To 5 on June 30
The United States Supreme Court is considering whether to hear an appeal from United States Court of Appeals for the Ninth Circuit, dismissing a case brought by the Howard Jarvis Taxpayers Association claiming that CalSavers, California’s mandated payroll deduction IRA…
Happy New Year! Supreme Court Expected To Be Busy With ERISA Again In 2022
Calendar year 2020 saw four U.S. Supreme Court decisions dealing with ERISA and employee benefits, three from the term beginning October 2019 and one from the 2020 term. Another case from the 2020 term, California v. Texas was decided in…
Inflation Adjusted Plan Limits Reiterate Advantages of Employer Plan Over CalSAVERS; Supremes May Accept Preemption Challenge
The IRS announced the inflation adjusted qualified plan and IRA contribution limits for 2022 in Notice 2021-61 on November 4, 2021. The new numbers include significant increases. However, importantly the limit on contributions to IRAs remain the same at $6,000,…
Mandated Retirement Plans And Mega IRA Restrictions Among Retirement Proposals Falling Victim To Compromises in Budget Bill
The provision mandating that employers not otherwise offering a retirement plan to employees must offer an elective deferral only 401(k) plan or payroll deduction IRA for employees to save for retirement (See “Could CalSavers Go National? Federal Mandated Payroll…
Biden Administration’s DOL Proposes Changes to Trump Administrations ESG Rules
In March of this year I wrote two blog articles on how the new Biden administration would not enforce and was likely going to change the Trump administration’s Department of Labor final rule on environmental, social, and govenrnance (ESG) investing…
Ways & Means Committee Says You Must Save For Retirement, But Not Too Much
My last blog article discussed how the $3.5 trillion budget proposal contains a provision requiring employers with 5 or more employees to offer a payroll deduction IRA program or salary reduction 401(k) plan to employees and automatically deduct 6% of…
Could CalSavers Go National? Federal Mandated Payroll Deduction Plan Proposal Included In 3.5 Trillion Budget Proposal
In May the United States Court of Appeals for the Ninth Circuit ruled that California’s automatic enrollment IRA program known as CalSavers was not preempted by the federal law, ERISA. See, Ninth Circuit Holds CalSavers Is Not Preempted By ERISA.