Tag: ERISA
IRS Reminds Non-Electing Church Plans of Qualification Requirements
While non-electing church plans are not subject to most ERISA requirements, they are subject to pre-ERISA regulations.
Northwestern University 403(b) Lawsuit Tossed By District Court
Defendants strongly prevailed with their motion to dismiss, and the Illinois District Court barred further motions as moot: The complaint was far too general in its scope and...
EBSA Wins Judgement Against Cambridge Technology Group
According to EBSA Regional Director Michael Schloss, Cambridge Technology Group and its CEO made it nearly impossible for retirement plan participants to access their funds; both have been...
Industry Left Confused by DOL’s ESG ‘Clarification’
A review of industry commentary dissecting the DOL’s recently published Field Assistance Bulletin on the topic of ESG investments suggests the “sub-regulatory guidance” has left a lot of...
Settlement Preliminarily Approved in University of Chicago Excessive Fee Suit
According to the settlement agreement, the university has already made changes to the investment lineup for its 403(b) plans.
Skill in Fiduciary Discretion Discussions Brings Lots of Low-Hanging Fruit
Independent advisory shop founder Joe Gordon talks about winning new plan business from brokers and bank advisers who are “seriously fumbling the discussion with clients about fees and...
Plan Sponsors Must Be Given Deference in Lawsuits Challenging Ambiguous Plan Terms
A federal appeals court found a district court did not apply the correct standard of review in a case challenging the calculation of lump-sum payments from a defined...
Rare Motion for Reconsideration Granted by District Court in ERISA Suit
Legal experts generally consider reconsideration of a judgment an extraordinary remedy, one which will be granted only sparingly; even so, a federal district court has admitted key mistakes...
DOL Wins Restitution of Misused 401(k) Assets
A federal district court has ordered eye-care company Eye Centers of Tennessee LLC, its owner Dr. Larry E. Patterson, and its office administrator Raymond K. Mays to pay...
ERISA Attorneys Help Digest DOL’s ‘Confusing’ Fiduciary Rule FAB 2018-02
Expert attorneys warn the new non-enforcement policy binds only the DOL and IRS; state regulators and private plaintiffs could potentially seek to bring an action for alleged non-compliance...
Aon Hewitt Investment Consultants, Lowe’s 401(k) Plan Latest Target of ERISA Lawsuit
Aon Hewitt Investment Consulting and Lowe’s are being sued by the participants of the Lowe’s 401(k) retirement plan; the proposed class of plaintiffs puts forward a variety of...
Breaking Down Fiduciary Uncertainty for Plan Sponsor Clients
Backing away from the topic of the DOL fiduciary rule, ERISA attorney Fred Reish focused his speech at the Plan Sponsor Council of America’s national conference on general...
Appeals Court Upholds ERISA Decision Against ‘Peeps’ Candy Company
On appeal, the candy company contended that the district court misapplied the federal statute governing multiemployer pension funds in critical status and, second, that the court erred in holding that...
DOL Secures Prison Time for Two Florida ERISA Fraudsters
A pair of former executives of First Farmers Financial are being punished for their involvement in the sale of $179 million in fraudulent loans to a Milwaukee company...
Attorneys General, Other Third-Parties Move to Revive DOL Fiduciary Rule in 5th Circuit
Anticipating the DOL will not itself ask the 5th U.S. Circuit Court of Appeals to reconsider a crucial mid-March panel ruling that vacated the Obama-era fiduciary rule expansion,...
Court OKs Northern Trust DB Plan Change
A federal appellate court affirmed a lower court decision that a change to Northern Trust's DB plan benefit formula does not violate ERISA or the Age Discrimination in...
Ahead of Wednesday Meeting, Stage Set for Fiduciary Jurisdiction Test Between DOL and SEC
Experienced ERISA attorneys and retirement industry executives project some possible outcomes of the DOL and SEC conflict of interest reform process; some expect a broad new proposal could...
Home Depot 401(k) Plan Latest Targeted with ERISA Fiduciary Breach Lawsuit
Plaintiffs include in their complaint a substantial amount of backward-looking fund performance data to underpin their failure to monitor claims, comparing the Home Depot offerings to others that...
Judge Keeps Former Committee Members in ERISA Church Plan Suit
Former committee members—who were not members at the time the complaint was filed—filed motions to remove themselves as defendants in the case; some of the motions were granted,...