EBIA Weekly Archives - 401(k)
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Results (861 articles found)
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- Are plan administrators required to obtain electronic credentials under the DOL's all-electronic Form 5500 filing system?
- From the April 29, 2010 EBIA Weekly
- QUESTION: We will be using a third-party preparer and approved third-party software to submit our Form 5500 under the new all-electronic filing system. As the plan administrator, do we need to obtain electronic credentials? ANSWER: Yes, you ...
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- No Deference to Plan's Decision When Discretionary Authority Given in SPD But Not in Plan Document
- From the April 29, 2010 EBIA Weekly
- The participant in this case was denied benefits under her employer’s LTD plan and sued the plan’s insurer. The trial court applied an abuse of discretion standard—which requires a court to defer to the ...
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- Deferential Standard of Review Continues to Apply After Plan Administrator's Initial Interpretation Ruled Unreasonable
- From the April 22, 2010 EBIA Weekly
- In this decision, the U.S. Supreme Court held that the deferential standard of review that generally applies (assuming appropriate plan language) when a court reviews a plan administrator’s interpretation of plan terms also applies to the plan ...
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- Supreme Court Adopts Standard for Determining Whether a Mutual Fund Investment Advisor Received Excessive Fees
- From the April 15, 2010 EBIA Weekly
- In this case, the U.S. Supreme Court adopts a standard for determining whether an investment advisor has breached its fiduciary duty under the Investment Company Act of 1940 (the Act) with respect to the advisory fees it receives from ...
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- DOL Launches Website of Form 5500 and Other Enforcement Data
- From the April 15, 2010 EBIA Weekly
- The DOL has launched a website containing searchable enforcement data gathered from several agencies, including the Employee Benefit Security Administration (EBSA). The data can be searched by agency and up to five states at a time (each search can also ...
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- Should we use IFILE or EFAST2-approved third-party software to file our Form 5500 electronically?
- From the April 08, 2010 EBIA Weekly
- QUESTION: We’re a plan sponsor preparing to submit Form 5500 for the first time using the DOL’s new all-electronic system. Should we use IFILE or approved third-party software? ANSWER: This will depend on several ...
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- New EFAST2 FAQs Address Email Notification for Electronic Credentials; Midnight Filing Deadline
- From the March 25, 2010 EBIA Weekly
- The DOL has added three new questions to its FAQs on EFAST2, the all-electronic filing system required for 2009 plan year filings (due in 2010 for most plans). (For information about other topics addressed in previous EFAST2 FAQs, see ...
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- What procedures should our plan follow when it is required to make a distribution and the participant or beneficiary cannot be found?
- From the March 18, 2010 EBIA Weekly
- QUESTION: From time to time, our 401(k) plan has to make minimum distributions under Code Section 401(a)(9) to participants who have no valid address on file. Our plan also experiences problems locating beneficiaries when a participant dies. ...
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- DOL Issues New Proposed Regulations on Investment Advice, Without Class Exemption
- From the March 04, 2010 EBIA Weekly
- The DOL has proposed regulations intended to implement the statutory prohibited transaction exemption for “eligible investment advice arrangements” added by the Pension Protection Act of 2006 (PPA). Under the statutory exemption, certain transactions associated with providing investment advice ...
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- DOL Releases Statistics on ERISA Benefit Plan Enforcement, Including COBRA Subsidy Statistics, for Fiscal Year 2009
- From the March 04, 2010 EBIA Weekly
- The DOL’s Employee Benefits Security Administration (EBSA), the agency that enforces Title I of ERISA, has released a Fact Sheet reflecting its fiscal year (FY) 2009 enforcement statistics. According to the Fact Sheet, the DOL’s total ...
