Topic
401(k)
508 published works
Benefits Law Advisor
The Impact Of Missing The July 31, 2022, Deadline For Restating Pre-Approved 401(K) Plans
For the many employers that use a pre-approved 401(k) plan (or another type of defined contribution plan), the deadline to execute a restatement of the plan was July 31, 2022. …
The Benefit of Benefits
Fidelity’s Bitcoin Policy Questioned Directly By Senators
By Scott E. Galbreath, J.D., LL.M (Tax)
On July 26, Democratic Senators Dick Durbin, Elizabeth Warren, and Tina Smith sent a letter to Fidelity Investments CEO, Abigail Johnson, asking why Fidelity would allow plan sponsors to offer…
Roberts Disability Law Blog
Sixth Circuit Revives 401(k) Mismanagement Claim Against TriHealth
In Forman v. TriHealth, Inc., No. 21-3977, __F.4th__, 2022 WL 2708993 (6th Cir. July 13, 2022), a putative ERISA class action brought by participants of TriHealth Inc.’s 401(k) plan, the…
Compensation & Benefits Blog
Defendants Secure Motion to Dismiss Victories in Three Post-Hughes Decisions
By Russell Hirschhorn, Tulio Chirinos, Sydney Juliano
In April, we wrote here about the discouraging trend of opinions allowing commonly asserted breach of fiduciary duty claims in 401(k) and 403(b) plan investment litigation to survive motions to…
Beneficially Yours
Coffee Talk With Benefits Episode 5: Cryptocurrency Investments in Retirement Plans
By Richard G. Schwartz, Sarah Touzalin, Linda Haynes
Retirement plan investment in cryptocurrencies has been a hot topic of discussion in recent months. The Department of Labor’s reaction to Super Bowl commercials with celebrities touting crypto-investments, followed by…
Roberts Disability Law Blog
Sixth Circuit: 401(k) Plan Fiduciaries Did Not Breach Duties by Offering Actively Managed Mutual Funds
In Smith v. CommonSpirit Health, No. 21-5964, __F.4th__, 2022 WL 2207557 (6th Cir. June 21, 2022), Plaintiff-Appellant Yosaun Smith, on behalf of herself and other 401(k) plan participants, brought an…
The CLS Blue Sky Blog
Debevoise Discusses Shareholder Climate Activism and 401(k) Plans
By Alison Buckley-Serfass, Jonathan Lewis, Simone Hicks, Eric Juergens, Ulysses Smith
In December 2021, As You Sow, a non-profit foundation promoting environmental and social corporate responsibility, filed shareholder proposals on behalf of Amazon.com and Comcast Corporation shareholders for action at each…
All Things HR
401(k) Plan Sponsors – It Doesn’t Pay to Ignore Your Plan’s Definition of Compensation
One of the most common errors in 401(k) plan administration continues to be a mismatch between a plan’s definition of compensation and the actual compensation taken into account for plan…
Digital Currency + Blockchain Perspectives
Cryptocurrencies As Investment Options In 401(k) Plans
By Alison Douglass|Meghan Spillane|DeMario Carswel|Frank DelPesce
Digital Currency Perspectives authors Alison Douglass, Meghan Spillane, DeMario Carswel, and Frank DelPesce recently posted an alert regarding a Compliance Assistance Release issued by the U.S Department of Labor its…
Benefits Law Advisor
Crypto, SDBAs, and Your 401(k) Plan: What Now?
Just over a month ago, we wrote about the Department of Labor’s guidance on cryptocurrency as a 401(k) investment option, and the landscape has already shifted multiple times. Fidelity Investments…