ERISA


ERISA is the underpinning of the law and rules that govern qualified plans. This section covers updates and revisions to the law and the growing number of lawsuits under ERISA, outlines best practices and provides insights into how advisors can understand ERISA’s nuances, use them to help clients and win more business.


 

 

ERISA

ERISA

By John Ortman 10/23/2017 • 0 Comments

Work on the Labor Department’s effort to expand, streamline and modernize the Form 5500 Series has been halted until a new head of the DOL’s Employee Benefits Security Administration (EBSA) is in place, according to ERISA attorney S. Derrin Watson. READ MORE

By ASPPA Net Staff10/12/2017 • 0 Comments

The ERISA Industry Committee filed a lawsuit Oct. 12 against the Oregon Retirement Savings Board, saying that a provision of the state’s OregonSaves retirement program for private-sector employees obstructs ERISA. READ MORE

By Nevin Adams 9/28/2017 • 0 Comments

In the course of my day, I talk to (and email with) people, read a lot, and every so often jot down a random thought or insight that gives me pause and makes me think. See what you think. READ MORE

By Nevin Adams 9/15/2017 • 0 Comments

I have for years had in my office a couple of model Studebakers, which I have there because of the role the automaker played in ERISA’s formation. READ MORE

By ASPPA Net Staff8/8/2017 • 0 Comments

The 6th Circuit has said participants in a university’s plan do not have to exhaust administrative remedies before pursuing ERISA claims. A recent blog entry discusses what this means for plan fiduciaries. READ MORE

By ASPPA Net Staff7/28/2017 • 0 Comments

What comes to mind when you think of Socrates? Probably not defined benefit plans. And yet, a recent blog entry posits that there is indeed a connection. READ MORE

By John Iekel6/5/2017 • 0 Comments

The Supreme Court ruled unanimously in a decision it handed down June 5 that religiously affiliated non-profits’ plans are exempt from ERISA even if they were not originally established by a church. READ MORE

By Nevin Adams5/30/2017 • 0 Comments

A beneficiary whose “claim had no merit” has been ordered to pick up some of the legal fees incurred defending against the suit — a case that provides an interesting perspective on the costs of defending ERISA litigation. READ MORE

By Nevin Adams 5/18/2017 • 0 Comments

President Trump has signed legislation that overturns the Obama administration’s ERISA safe harbor rule for state-run auto-IRA programs for private sector workers. READ MORE

By Nevin Adams 5/18/2017 • 0 Comments

No sooner had the Senate voted to unwind the safe harbor exempting state-run auto-IRA programs from ERISA, than a pair of Senate Democrats introduced legislation to restore it. READ MORE

By John Iekel5/17/2017 • 0 Comments

PBGC premiums are an important — and growing — concern for DB plans, their administrators and their sponsors, but there are questions about what they pay for. READ MORE

By Nevin Adams 5/5/2017 • 0 Comments

Here are five things you (or your client) may not know about ERISA fidelity bonding — and that, as a result, they may be getting wrong. READ MORE

By ASPPA Net Staff4/14/2017 • 0 Comments

President Trump has signed legislation that blocks the Obama-era DOL's safe harbor exempting states’ and municipalities’ auto-IRA programs from ERISA. READ MORE

By Ray Harmon3/24/2017 • 0 Comments

On March 22, while Alexander Acosta faced his confirmation grilling in the Senate, the ERISA Advisory Council had its first meeting of the Trump administration era, setting its 2017 agenda. READ MORE

By Nevin Adams 3/10/2017 • 0 Comments

Plan fiduciaries — and those who advise them — would be well advised to make sure their fiduciary houses are in order before a potential “fender bender” becomes something much worse. READ MORE

By Nevin Adams 2/24/2017 • 0 Comments

It’s often said that ERISA’s prudent man rule is the highest duty known to law. But is that enough? READ MORE

By Nevin Adams 2/6/2017 • 0 Comments

When it comes to workplace retirement plans, there are three kinds of people: people who are ERISA fiduciaries and know it, people who aren’t ERISA fiduciaries and know it, and people who are ERISA fiduciaries and don’t know it. READ MORE

By ASPPA Net Staff1/17/2017 • 0 Comments

The Department of Labor (DOL) has published a new set of FAQs on the fiduciary regulation focused on consumer protections the regulation provides. READ MORE

By ASPPA Net Staff1/17/2017 • 0 Comments

Senate Health, Education, Labor and Pensions (HELP) Committee Chairman Lamar Alexander (R-TN) announced Jan. 17 that the confirmation hearing for Andy Puzder, President-elect Trump’s nominee to serve as Secretary of Labor, will be held on Feb. 2. READ MORE

By ASPPA Net Staff1/3/2017 • 0 Comments

Apparently concerned that its previous guidance on the matter of social investing hadn’t been sufficient to overcome fiduciary resistance, the Department of Labor has issued new guidance on the matter. READ MORE

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