Plan Sponsors Should Be Intentional When Adding Managed Accounts
Plan Sponsors Should Be Intentional When Adding Managed Accounts - Marcia Wagner, PLANSPONSOR, January 2, 2024 (PDF)
Sophisticated Legal Solutions Boutique-Style Service
Case Law Survey – ERISA Section 3(21)(A) and Discretion – Part 2
Case Law Survey - ERISA Section 3(21)(A) and Discretion – Part 2 - Marcia Wagner, 401(k) Advisor, January, 2024
Eleventh Circuit Adopts Strict Standard for FMLA Claims
The Eleventh Circuit Court of Appeals, in Lapham v. Walgreen Co., has ruled that the “but for” legal standard applies to Family and Medical Leave Act (“FMLA”) retaliation claims. Law. The FMLA entitles eligible employees to take up to 12 weeks’ unpaid leave: (i) for...
DOL Proposes to Rescind 2018 Association Health Plan Rule
DOL Proposes to Rescind 2018 Association Health Plan Rule - Roberta Casper Watson, PLANSPONSOR, December 22, 2023 (PDF)
Bugielski v. At&T Case Continues With Appellate Reversal
By Michael Schloss and Stephen Wilkes On August 4, 2023, a Ninth Circuit panel reversed a District Court decision in favor of AT&T - holding that AT&T breached its fiduciary duties by, among other things, failing to consider whether Fidelity’s compensation...
Case Law Survey–ERISA Section 3(21)(A) and Discretion—Part 1
Case Law Survey–ERISA Section 3(21)(A) and Discretion—Part 1 - Marcia Wagner, 401(k) Advisor, Volume 30, No. 10, November/December 2023
Yellow: Pension Plan Unjustly Seeking ‘Free Money’ From Bankruptcy Case
Yellow: Pension Plan Unjustly Seeking ‘Free Money’ From Bankruptcy Case - Michael Schloss, FleetOwner, December 15, 2023 (PDF)
Plan Must Consider All “Independent Grounds” for Claims Coverage
The U.S. Court of Appeals for the Tenth Circuit, in Ian C. v. UnitedHealthcare Ins. Co., has ruled that a group health plan violated ERISA’s claims procedures by failing to separately evaluate each “independent ground for coverage.” Facts. The son of a group health...
Merrill Edge in Hot Seat Over Rates Paid on IRAs
Merrill Edge in Hot Seat Over Rates Paid on IRAs - Michael Schloss, Financial Planning, December 14, 2023 (PDF)
Longstanding Internal Revenue Service Position Called into Question
By Barry Salkin, Michael Schloss and Mark Greenstein Recently, several class action lawsuits have been filed challenging the permissibility of plan language providing discretion as to how forfeitures should be used. These suits allege that the plan fiduciaries...