ESG Court Ruling Could Prompt 401(k) Upheaval - Maria Wagner, Financial Advisor IQ, February 3, 2025 (PDF)
401(k)
Court’s ESG Ruling Puts Pressure on Managers of 401(k) Plans
Court’s ESG Ruling Puts Pressure on Managers of 401(k) Plans - Marcia Wagner, AdvisorHub by Bloomberg, January 29, 2025 (PDF)
Judge’s Ruling in ESG Case Could Spark Chaos for 401(k) Managers
Judge's Ruling in ESG Case Could Spark Chaos for 401(k) Managers - Andrew Oringer, 69 News, January 15, 2025 (PDF)
ERISA Attorneys Fear ‘Chilling Effect’ of American Airlines 401(k) ESG Ruling
ERISA Attorneys Fear 'Chilling Effect' of American Airlines 401(k) ESG Ruling - Andrew Oringer, Pensions & Investments, January 13, 2025 (PDF)
Exclusive Interview: Marcia Wagner Expands On Retirement Plan Financial Planning White Paper
Exclusive Interview: Marcia Wagner Expands On Retirement Plan Financial Planning White Paper - Marcia Wagner, FiduciaryNews.com, December 10, 2024 (PDF)
Capital One Faces Latest 401(k) Forfeiture Lawsuit
Capital One Faces Latest 401(k) Forfeiture Lawsuit - Michael Schloss, PLANSPONSOR, November 18, 2024 (PDF)
Prepare for Upcoming Changes to Retirement Plans for 2025
The SECURE 2.0 Act of 2022 (the “SECURE 2.0”) made significant changes to retirement plans and how they operate. Many of the changes have already been implemented by service providers, but some...
Employers are Lagging to Implement IRS’ 401(K) Student Loan Matching Guidelines
Employers are Lagging to Implement IRS’ 401(K) Student Loan Matching Guidelines - Barry Salkin, Black Enterprise Magazine, October 30, 2024 (PDF)
IRS Provides Guidance on Application of SECURE 2.0 Act’s Coverage of Long-Term, Part-Time Employees
By Jon Schultze and Barry Salkin In Notice 2024-73, the Internal Revenue Service (“IRS”) issued guidance on the application of certain non-discrimination rules to long-term, part-time employees in...
401(k) Student Loan Match Perk Hindered by Employer Hesitation
401(k) Student Loan Match Perk Hindered by Employer Hesitation - Barry Salkin, Bloomberg Law, September 30, 2024 (PDF)
DOL vs. IRS Rules: Courts Asked to Decide How 401(k) Plans Can Use Forfeiture Assets
DOL vs. IRS Rules: Courts Asked to Decide How 401(k) Plans Can Use Forfeiture Assets - Michael Schloss, Pensions & Investments, September 23, 2024 (PDF)
IRS Issues Interim Guidance on Matching Contributions Made on Account of Qualified Student Loan Repayments
Starting in 2024, Section 110 of the SECURE 2.0 Act allows employers to make matching contributions to Section 401(k), 403(b) and governmental 457(b) plans, and SIMPLE IRAs (which have analogous but...
New Regulations Strengthen Retirement Savings Protection
New Regulations Strengthen Retirement Savings Protection - Andrew Oringer, The Pinnacle Gazette, August 8, 2024 (PDF)
Providing Retirement Benefits Can Benefit Employers
Providing Retirement Benefits Can Benefit Employers - Ari Sonneberg, PLANSPONSOR, July 1, 2024 (PDF)
TIAA Retirement Suit Foreshadows Future 401(k) Rule Litigation
TIAA Retirement Suit Foreshadows Future 401(k) Rule Litigation - Andrew Oringer, Bloomberg Law, June 7, 2024 (PDF)
District Court Denies Motion to Dismiss Forfeiture Complaint
Michael Schloss is a highly...
401(k) Lawsuits Over ‘Forfeited’ Money Get a Lifeline
401(k) Lawsuits Over ‘Forfeited’ Money Get a Lifeline - Andrew Oringer, Investment News, June 3, 2024 (PDF)
401(k) Rule Suit Echoes Past Legal Attack on Obama-Era Version
401(k) Rule Suit Echoes Past Legal Attack on Obama-Era Version - Marcia Wagner, Bloomberg Law, May 7, 2024 (PDF)
401(k) Advice Rule Puts New Fiduciaries in Litigation Crosshairs
401(k) Advice Rule Puts New Fiduciaries in Litigation Crosshairs - Michael Schloss, Bloomberg Law, May 1, 2024 (PDF)
Prime Healthcare Lacked Oversight Of 401(k) Plan, Judge Told
Prime Healthcare Lacked Oversight Of 401(k) Plan, Judge Told - Marcia Wagner, Law360, April 10, 2024 (PDF)
Nashville Nice—NAPA 401(k) Summit Kicks Off Sunday!
Nashville Nice—NAPA 401(k) Summit Kicks Off Sunday! - Thomas Clark, Jr., National Association of Plan Advisors, April 7, 2024 (PDF)
Compare “Shuns”: Retirement Income Solutions – How to Compare
Compare “Shuns”: Retirement Income Solutions – How to Compare - Thomas Clark, Jr., panelist, NAPA 401(k) Summit, Nashville, TN, April 7 - 9, 2024 - Click here for details
Father of the 401(k) Is Planting a New Workplace Savings Idea
Father of the 401(k) Is Planting a New Workplace Savings Idea - The Wagner Law Group, planadviser, April 1, 2024 (PDF)
Molina Healthcare Close to Win in ERISA Lawsuit
Molina Healthcare Close to Win in ERISA Lawsuit - Andrew Oringer, PLANSPONSOR, March 22, 2024 (PDF)
Companies Transferred Billions in Pension Assets to Annuities. Here Come the Lawsuits
Companies Transferred Billions in Pension Assets to Annuities. Here Come the Lawsuits - Andrew Oringer, InvestmentNews, March 14, 2024 (PDF)
401(k) Inventor Offers New Way to Earn ‘Bread
401(k) Inventor Offers New Way to Earn 'Bread' - Marcia Wagner, Newsmax, March 12, 2024 (PDF)
401(k) World: Recordkeepers, Advisers and ‘Co-opetition’
401(k) World: Recordkeepers, Advisers and ‘Co-opetition’ - Thomas Clark, Jr., PLANADVISER, February 27, 2024 (PDF)
DOL Gives Go-Ahead to Auto Enrollment in Emergency Accounts
DOL Gives Go-Ahead to Auto Enrollment in Emergency Accounts - Andrew Oringer, Investment News, January 17, 2024 (PDF)
Treasury’s Record $4.3B Crypto Exchange Fine Adds to Pressure on Digital Assets
Treasury’s Record $4.3B Crypto Exchange Fine Adds to Pressure on Digital Assets - Kim Shaw Elliott, Chief Investment Officer, November 29, 2023 (PDF)
The SEC Fires All Guns Against a Crypto Platform Plan Fiduciaries Should Take Note
By Kim Shaw Elliott The SEC announced November 20 that it has charged Payward Inc. and Payward Ventures, Inc. (together “Kraken”, an online crypto platform) with a litany of securities registration...
IBM Plans to End 5% Employer Matching in 401(k) Plan
IBM Plans to End 5% Employer Matching in 401(k) Plan - Andrew Oringer, PLANSPONSOR, November 3, 2023 (PDF)
IRS Announces 2024 Cost-of-Living Adjustments Affecting Retirement Plans
By Ari Sonneberg The Internal Revenue Service announced cost-of-living adjustments affecting certain dollar limitations for pension plans and other retirement-related limitations for 2024 in Notice...
What to Consider When Adding Retirement Income Options
What to Consider When Adding Retirement Income Options - Ari Sonneberg, PLANSPONSOR, November 1, 2023 (PDF)
Prepare for Upcoming Changes to Defined Contribution Plans Long-Term, Part-Time Employees
The SECURE Act of 2019 (the “2019 Act”) and the SECURE 2.0 Act of 2022 (the “2022 Act”) made many significant changes to retirement plans and how they operate. Several provisions became effective...
New Wave of 401(k) Forfeiture Lawsuits May Hinge on Plan Terms
New Wave of 401(k) Forfeiture Lawsuits May Hinge on Plan Terms - Andrew Oringer, Bloomberg Law, October 24, 2024 (PDF)
How Retirement Security Litigation Has Impacted the Defined Contribution Landscape
How Retirement Security Litigation Has Impacted the Defined Contribution Landscape - Andrew Oringer, Pensions & Investments News, October 23, 2023 (PDF)
Complaints Allege Improper Use of 401(k) Plan Forfeitures
Complaints Allege Improper Use of 401(k) Plan Forfeitures - Marcia Wagner, PLANSPONSOR, October 9, 2023 (PDF)
Investors Roll More Than $600 Billion a Year to IRAs. Anticipated Labor Department Rules Could Raise Their Protections
Investors Roll More Than $600 Billion a Year to IRAs. Anticipated Labor Department Rules Could Raise Their Protections - Andrew Oringer, CNBC, October 6, 2023 (PDF)
SEC, DOL, FINRA Regulatory Issues – Annuities in ERISA Retirement Plans
SEC, DOL, FINRA Regulatory Issues - Annuities in ERISA Retirement Plans - Stephen Wilkes, speaker, National Association of Compliance Professionals (NSCP) 2023 National Conference, Dallas, TX,...
Biden ESG Rule Survives Challenge in Court. ‘Tonal Shift’ May be Biggest Victory, Lawyer Says
Biden ESG Rule Survives Challenge in Court. ‘Tonal Shift’ May be Biggest Victory, Lawyer Says - Andrew Oringer, CNBC, September 27, 2023 (PDF)
New Strategy in 401(k) Litigation: Ask for Settlement Before Suit is Filed
New Strategy in 401(k) Litigation: Ask for Settlement Before Suit is Filed - Andrew Oringer, Investment News, September 20, 2023 (PDF)
Latest ERISA Standard Ruling Could Lead To More Dismissals By Kellie Mejdrich
Latest ERISA Standard Ruling Could Lead To More Dismissals - Andrew Oringer, Law360, September 15, 2023 (PDF)
Why Some Ex-Workers at Bed Bath & Beyond Face 401(k) Losses
Why Some Ex-Workers at Bed Bath & Beyond Face 401(k) Losses - Israel Goldowitz, New York Times, September 9, 2023 (PDF)
Law Firm Letter Backs DOL Rule on ERISA Fiduciaries Using Climate Factors
Law Firm Letter Backs DOL Rule on ERISA Fiduciaries Using Climate Factors - chief investment officer, September 1, 2023 (PDF)
IRS Delays Roth Catch-up Contribution Change to Defined Contribution Plans
By John Schultze and Barry Salkin One of the changes made by the SECURE 2.0 Act requires that catch-up contributions made by employees with FICA compensation from an employer sponsoring a 401(k),...
Legal Opinion Letter Released by Business Climate Finance Affirms Companies’ Ability to Consider ESG Factors in Employer-Sponsored Retirement Plan Selection Process
Legal Opinion Letter Released by Business Climate Finance Affirms Companies' Ability to Consider ESG Factors in Employer-Sponsored Retirement Plan Selection Process - businesswire, August 29, 2023...
Fidelity Investments is Suddenly Fending off a Fresh Wave of AI Suitors for its Vast Recordkeeping Data Trove
Fidelity Investments is Suddenly Fending off a Fresh Wave of AI Suitors for its Vast Recordkeeping Data Trove - Ari Sonneberg, RIABiz, July 28, 2023 (PDF)
Significant Changes Made to IRS Employee Plans Compliance Resolution System
By Dannae Delano, Seth Gaudreau and Barry Salkin The SECURE 2.0 Act of 2022, Division T of Public Law No. 117-328 (“the Act”) includes dozens of provisions that affect retirement plans and...
New England 401(k) Fee Suits Forge Employers’ Longshot Bid
New England 401(k) Fee Suits Forge Employers’ Longshot Bid - Marcia Wagner, Bloomberg Law, June 6, 2023 (PDF)
IRS Issues Advice on Nonfungible Tokens (NFTs) in IRS and Tax Qualified Individual Account Plans
IRS Issues Advice on Nonfungible Tokens (NFTs) in IRS and Tax Qualified Individual Account Plans - Marcia Wagner, 401(k) Advisor, May 2023
Richter-Gordon, Chamberlain Launch Firm to Vet Lifetime Income Options in 401(k)s
Richter-Gordon, Chamberlain Launch Firm to Vet Lifetime Income Options in 401(k)s - The Wagner Law Group, 401(k) Specialist, May 9, 2023 (PDF)
As Private Equity Firms Work to Access 401(k) Market, Plaintiff Lawyers Gear Up to Sue
As Private Equity Firms Work to Access 401(k) Market, Plaintiff Lawyers Gear Up to Sue - Thomas Clark, Jr., The Capitol Forum, April 10, 2023
Nestimate Debuts Software Solution for In-Plan Guaranteed Income Products
Nestimate Debuts Software Solution for In-Plan Guaranteed Income Products - Marcia Wagner and John Sohn, 401(k) Specialist, April 3, 2023 (PDF)
How Plan Sponsors Can Offer Backdoor Roth Conversions
How Plan Sponsors Can Offer Backdoor Roth Conversions - Marcia Wagner, PLANSPONSOR, April 3, 2023 (PDF)
IRS Issues Guidance on Nonfungible Tokens (“NFTs”) in IRAs and Tax-Qualified Individual Account Plans
By Barry Salkin and Jon Schultze Unlike ERISA, the Internal Revenue Code (“Code”) places almost no restrictions on the manner in which plan assets of individual retirement plans or tax-qualified...
LinkedIn Settles 401(k) Excessive Fee Complaint for $6.75 Million
LinkedIn Settles 401(k) Excessive Fee Complaint for $6.75 Million - Andrew Oringer, PLANSPONSPR, March 15, 2023 (PDF)
Catch-Up Contribution? Good Luck With That. Congressional Snafu Leaves Older Retirement Savers in Limbo
Catch-Up Contribution? Good Luck With That. Congressional Snafu Leaves Older Retirement Savers in Limbo - Marcia Wagner, MarketWatch, January 31, 2023 (PDF)
DOL Rule Permits Consideration of Climate and ESG Factors and Codifies Proxy Voting Responsibilities
By Stephen Wilkes, Izzy Goldowitz and John Sohn On November 22, 2022, the Department of Labor (“DOL”) issued a final rule modernizing and revising the long-standing Investment Duties Regulation....
Secure Act 2.0 Brings a Litany of Retirement Changes
By Roberta Watson, Barry Salkin and Alex Olsen The SECURE Act 2.0 of 2022 (“SECURE 2.0”, or the “Act”) became law as part of the Consolidated Appropriations Act of 2023. SECURE 2.0 builds on the...
Does It Ever Make Sense To Borrow From Your 401(k)?
Does It Ever Make Sense To Borrow From Your 401(k)? - Marcia Wagner, Forbes, November 7, 2022 (PDF)
Don’t Let ROBS Steal Your Retirement
Don't Let ROBS Steal Your Retirement - Marcia Wagner, Forbes, November 3, 2022 (PDF)
How To Use Your 401(k) Funds To Start A Business
How To Use Your 401(k) Funds To Start A Business - Marcia Wagner, Forbes, November 1, 2022 (PDF)
Delaware Law Expands Access to Retirement Plans
Delaware Law Expands Access to Retirement Plans - Marcia S. Wagner, SHRM, October 28, 2022 (PDF)
IRS Announces 2023 Cost-of-Living Adjustments Affecting Retirement Plans
By Ari Sonneberg The Internal Revenue Service announced cost-of-living adjustments affecting certain dollar limitations for pension plans and other retirement-related limitations for 2023 in Notice...
Fiduciary Risk Management and Liability-Driven 401(k) Plan Design
Fiduciary Risk Management and Liability-Driven 401(k) Plan Design - Marcia Wagner and Barry Salkin, InvestSense, August 28, 2022 (PDF)
Crypto in 401(k) Plans: a Plaintiff Lawyer’s Dream?
Crypto in 401(k) Plans: a Plaintiff Lawyer’s Dream? - Thomas E. Clark, Jr., National Association of Plan Advisors, July 28, 2022 (PDF)
Cryptocurrency Trading Risks and Risk Mitigation Strategies for ERISA Plan Investors
Cryptocurrency Trading Risks and Risk Mitigation Strategies for ERISA Plan Investors - Marcia S. Wagner, Mark Greenstein and John Sohn, Bloomberg Law Compensation Planning Journal, July 1, 2022 (PDF)
The Democratization of Alternative Investments in 401(k) Plans
The Democratization of Alternative Investments in 401(k) Plans - Thomas Clark, Jr., Lord Abbett, June 6, 2022 (PDF)
401(k)s with Bitcoin Should Expect Lawsuits: Lawyers
401(k)s with Bitcoin Should Expect Lawsuits: Lawyers - Mark Greenstein, Ignites, June 2, 2022 (PDF)
Would A Brokerage Window Limit An ERISA Plan’s Fiduciary Risk?
Would A Brokerage Window Limit An ERISA Plan’s Fiduciary Risk? – Barry Salkin and Mark Greenstein, Financial Advisor Mag, May 4, 2022 (PDF)
ERISA Considerations In Using Brokerage Window Investing – LAW360
ERISA Considerations In Using Brokerage Window Investing - Law360, March 10, 2022 (PDF)
Alternative Investments in Participant Directed Individual Account Plans: The Treatment of Private Equity Sleeves
Alternative Investments in Participant Directed Individual Account Plans: The Treatment of Private Equity Sleeves - Co-author, Bloomberg Tax Management Compensation Planning Journal, 50 CPJ Issue...
Hughes v. Northwestern Bottom Line: Harder to Dismiss Cases
Hughes v. Northwestern Bottom Line: Harder to Dismiss Cases – Marcia Wagner, 401(k) Specialist, February 1, 2022 (PDF)
Supreme Court Ruling Puts 401(k) Fiduciaries on Guard
Supreme Court Ruling Puts 401(k) Fiduciaries on Guard – Marcia Wagner, SHRM, January 28, 2022 (PDF)
Massachusetts Investigating Sales of Target Date Funds to Retail Investors After Word of Surprise Tax Bills
Massachusetts Investigating Sales of Target Date Funds to Retail Investors After Word of Surprise Tax Bills – Marcia Wagner, Financial Planning, January 26, 2022 (PDF)