Topic
401(k)
508 published works
Benefits Law Advisor
SECURE 2.0 Series Part 2: Workin’ 9-5, What a Way to Make a Living – 401(k) Plan Eligibility for Part-Time Employees
On December 29, 2022, President Biden signed the Consolidated Appropriations Act, 2023, and Division T of the Act contains legislation dubbed the SECURE 2.0 Act of 2022 (SECURE 2.0). SECURE…
Hall Benefits Law Blog
Proactive Steps that 401(k) Plan Sponsors Can Take to Avoid Litigation
By Anne Hall
Small and mid-size 401(k) plan fiduciaries progressively have become the target of plaintiffs’ law firms filing suits based on alleged breaches in fiduciary duty. In most of these lawsuits, participants…
Benefits Law Update
401(k) Plan Matching Contributions: To True Up or Not True Up?
As a matter of plan design, for purposes of matching contributions some 401(k) plans provide that a participant’s compensation for the entire plan year is taken into account (regardless of…
Boston ERISA & Insurance Litigation Blog
The Crypto Train Isn’t Slowing Down
I had another conversation yesterday with a financial advisor about bitcoin and crypto in 401(k) plans, a subject on which I have written skeptically in the past. As I am…
ERISA Litigation Advisor
Goldman Sachs Successful in Getting 401(k) Fee Class Action Dismissed
By Charles F. Seemann III, Blaine A. Veldhuis
A New York district court recently summarily dismissed, with prejudice, a 401(k) plan participant’s putative class action complaint alleging breaches of fiduciary duty. Falberg v. Goldman Sachs Grp., Inc., No.…
Roberts Disability Law Blog
Eighth Circuit Affirms Dismissal of Claims Alleging Energy Company Mismanaged Its 401(k) Plan
In Matousek v. MidAmerican Energy Co., No. 21-2749, __F.4th__, 2022 WL 6880771 (8th Cir. Oct. 12, 2022), Plaintiffs-Appellants are participants in MidAmerican Energy Company’s 401(k) Plan. They allege that the…
ERISA Litigation Advisor
Eighth Circuit Holds Principal Did Not Breach Its Fiduciary Duty to 401(k) Plan Participants Despite Conflict of Interest
By René E. Thorne, Darran E. St. Ange
The U.S. Court of Appeals for the Eighth Circuit recently affirmed a District Court’s finding that Principal Life Insurance Company (“Principal”) did not breach its fiduciary duties regarding its stable…
Your ERISA Watch
Goldman Sachs Wins Big on Summary Judgment in Case Challenging 401(k)’s Investments in Goldman Proprietary Funds
Falberg v. The Goldman Sachs Grp., No. 19 Civ. 9910 (ER), 2022 WL 4280634 (S.D.N.Y. Sep. 14, 2022) (Judge Edgardo Ramos) Fee cases continue to dominate the world of ERISA…
Boston ERISA & Insurance Litigation Blog
Is It a Breach of Fiduciary Duty to Include Target Date Funds In 401(k) Plans?
Not long after I first started writing this blog, the Seventh Circuit began trying to preemptively squelch excessive fee litigation by, at heart, insisting that the invisible hand of the…
Your ERISA Watch
Two Losses for Pension Plan Participants Challenging Investment Fees
In our two cases of the week, 401(k) plan fiduciaries defeated claims by participants that they breached their duties under ERISA with respect to investment fees. In the first case,…