Topic
401(k)
519 published works
Elder Law Prof Blog
A “Behavioral Economic Case for Paternalistic” Retirement Laws: Paul Secunda
Marquette Law Professor Paul Secunda always has interesting perspectives, and that is again true with his recent article, The Behavioral Economic Case for Paternalistic Workplace Retirement Plans, to be published…
Wills, Trusts & Estates Prof Blog
Retirement Habits In Each Stage Of Life
It is never too early to start planning for retirement. People in their 20s and 30s should start investing funds into either a 401(k) or IRA as a sort of…
The Retirement Plan Blog
Legal Advice on Your 401(k) Plan – Is It Confidential?
Let’s say you have a concern about how your 401(k) plan is operating. Maybe participant loans aren’t getting repaid or a service provider has neglected to allocate forfeitures on an…
Employee Benefits Blog
Fiduciary Risks Involved in Transferring Assets from a Seller’s 401(k) Plan to the Buyer’s Plan
In many transactions, particularly those where the buyer is a portfolio company of a private equity fund, the buyer agrees to cause its 401(k) plan to accept a transfer of…
Benefit Notes
Supreme Court: 401(k) Plan Fiduciaries Have an Ongoing Duty to Monitor
In April 2013 I reported on the 9th Circuit Court of Appeals decision in Tibble v. Edison International, which involved an alleged breach of fiduciary duty by the Edison 401(k)…
Employment Law Spotlight
Unanimous Supreme Court Vacates Tibble v. Edison International: Much Ado About Nothing? Or Something More?
By John McGowan
On May 18, 2015, the United State Supreme Court, by a 9-0 vote, vacated and remanded the Ninth Circuit’s holding in Tibble, et al. v. Edison International, et al., 729…
ContractsProf Blog
Employers Must Continually Monitor 401(k) Plans
Yesterday, I blogged here about a proposed Labor Department rule that would require investment brokers to contractually bind themselves as fiduciaries of their clients. Somewhat relatedly, the United States Supreme Court…
Wills, Trusts & Estates Prof Blog
How The 401(k) Evolved From Minor Provision To Tax Behemoth
The mighty 401(k) has humble roots as it was originally created by Congress to establish the tax rights of profit sharing plans. However, it was quickly discovered that the new…
Wills, Trusts & Estates Prof Blog
New Revenue Procedure on Employer Sponsored Retirement Plans
The new Revenue Procedure 2015-28 addresses the concerns that employers who sponsor 401(k) and 403(b) plans have with using automatic enrollment and escalation, which can increase the chance of missing…
Inside Jobs
IRS Issues Warning on Documentation Requirements for 401(k) Plans
By Inside Jobs
A recent post in the IRS’s Employee Plans News has two important tips for employers who sponsor 401(k) and similar plans: The plan sponsor is ultimately responsible for maintaining records…