Topic
401(k)
519 published works
Your ERISA Watch
Lowe’s 401(k) Participants Lose at Trial After Winning Every Battle
Reetz v. Lowe’s Companies, Inc., No. 5:18-CV-00075-KDB-DCK, 2021 WL 4771535 (W.D.N.C. Oct. 12, 2021) (Judge Kenneth D. Bell). This week’s notable decision is a surprising loss for participants in Lowe’s…
ERISA Litigation Advisor
Ohio District Court Dismisses ERISA 401(k) Performance and Fee Putative Class Action
By Charles F. Seemann III, Phillip C. Thompson
The District Court for the Southern District of Ohio recently dismissed an ERISA putative class action lawsuit asserting fiduciary duty claims based on allegations of unreasonably high administrative fees and…
The Benefit of Benefits
Ways & Means Committee Says You Must Save For Retirement, But Not Too Much
By Scott E. Galbreath, J.D., LL.M (Tax)
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…
Hall Benefits Law Blog
IRS Has New Requirements for Employer Discretionary Matches
By Anne Hall
Every six years, sponsors of 401(k) plans that utilize pre-approved plan documents must update those documents and file them with the IRS for approval. Then, employers using these pre-approved plan…
The CPA Desk
The Importance of Your Company’s 401(k) Plan Documents
By PKF Texas
https://youtu.be/CXZIYbuaJWA Jen Lemanski: This is the PKF Texas – Entrepreneur’s Playbook®. I'm Jen Lemanski, and I'm here with Jen Edmiston, an audit senior manager and a member of our employee…
Roberts Disability Law Blog
Fifth Circuit Affirms Dismissal of Putative Class Action Against American Airlines for Allegedly Imprudent 401(k) Plan Investment Options
In Ortiz v. Am. Airlines, Inc., No. 20-10817, __F.4th__, 2021 WL 3030550 (5th Cir. July 19, 2021), Plaintiffs-Appellants Salvadora Ortiz and Thomas Scott sued Defendants-Appellees American Airlines, Inc. (“AA”); American…
ERISA Litigation Advisor
Tenth Circuit Affirms Damages Based on Revenue Credit, and Makes Clear That Arms-Length Service Agreements Without Evidence of A Prior Relationship Are Not Prohibited Transactions
By René E. Thorne, Dorothy Parson McDermott
On appeal following a bench trial of claims brought by a class of participants and beneficiaries of a 401(k) plan, the Tenth Circuit affirmed the decision of the District of…
The Retirement Plan Blog
The IRS Required Restatement of 401(k) and Profit Sharing Plans: A Plain Language Explanation in Q & A Format
By Jerry Kalish
If you’re an employer who has adopted an IRS pre-approved defined contribution plan such as 401(k) or profit-sharing, you'll need to have the Compliant box checked no later than July…
Roberts Disability Law Blog
Tenth Circuit Affirms District Court’s Damages Calculation in 401(k) Breach of Fiduciary Duty Litigation
The Tenth Circuit Court of Appeals recently decided Ramos v. Banner Health, et al., No. 20-1231, __F.3d__, 2021 WL 2387909 (10th Cir. June 11, 2021). This case involves a class…
Your ERISA Watch
District Court Denies Wells Fargo’s Motion to Dismiss Proprietary Funds Case
Becker v. Wells Fargo & Co., et al., No. 20-2016 (DWF/BRT), 2021 WL 1909632 (D. Minn. May 12, 2021) (Judge Donovan W. Frank). The Notable Decision this week exemplifies a…