EBIA Weekly Archives - 401(k)

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  1. DOL Announces Withdrawal of Final Investment Advice Regulations
    From the November 19, 2009 EBIA Weekly
    The DOL has announced the withdrawal of its final regulations regarding investment advice for participants and beneficiaries of individual account plans (including 401(k) plans). The regulations, originally scheduled to be effective March 23, 2009, were intended to implement the ...
    [Investment Advice—Participants and Beneficiaries, Withdrawal of Final Rule, 74 Fed. Reg. 60156 (Nov. 20, 2009); Investment Advice—Participants and Beneficiaries, Final Rule; Delay of Effective and Applicability Date, 74 Fed. Reg. 59092 (Nov. 17, 2009)]
  2. Attorney's Letter Stating "Intention to Appeal" Was Not an Appeal
    From the November 19, 2009 EBIA Weekly
    The participant receiving long-term disability benefits in this case was notified by the insurer for her employer’s plan that benefits would be terminated because she was no longer disabled and that she had 180 days to appeal. ...
    [Swanson v. Hearst Corp. Long Term Disability Plan, 2009 WL 3582435 (5th Cir. 2009)]
  3. ERISA TPA That Is Not a Fiduciary Must Face State-Law Breach of Contract Claims by Plan Sponsor
    From the November 12, 2009 EBIA Weekly
    The employer in this case sued the former TPA of its two self-insured medical plans for claims processing errors that allegedly created millions of dollars in additional costs for the plans. Asking the court to enter judgment in its ...
    [W.E. Aubuchon Co. v. BeneFirst, LLC, 2009 WL 3272491 (D. Mass. 2009)]
  4. EFAST2 PIN for Form 5500 Electronic Filing Is Plan Administrator's Signature and Must Not Be Shared
    From the November 12, 2009 EBIA Weekly
    A new question has been added to the DOL’s webpage of FAQs on EFAST2, the all-electronic filing system for Form 5500 filings beginning with 2009 plan years. (For information about other topics addressed in the previous EFAST2 ...
    ["EBSA FAQs: EFAST2 All-Electronic Filing System" (Nov. 2009)]
  5. FTC Delays Its Enforcement of Identity Theft Red Flags Rule Until June 2010
    From the November 05, 2009 EBIA Weekly
    The Federal Trade Commission (FTC) has announced that it is delaying its enforcement of the Identity Theft Red Flags Rule until June 1, 2010. The Rule, which was issued jointly by six federal agencies, requires financial institutions and creditors with &#...
    [FTC Extended Enforcement Policy: Identity Theft Red Flags Rule (Oct. 30, 2009)]
  6. DOL Issues Additional FAQs on Schedule C for 2009 Form 5500
    From the October 29, 2009 EBIA Weekly
    The DOL has issued 25 additional FAQs concerning the Schedule C disclosures for 2009 and later plan years. This guidance supplements a set of 40 FAQs issued last year. (See our Checkpoint Newsstand article.) Generally, both pension plans and those ...
    [DOL Supplemental FAQs About the 2009 Schedule C]
  7. Plan Administrator Cannot Consider Motivation for Participants' Divorces When Determining Status of QDRO
    From the October 22, 2009 EBIA Weekly
    In this case, a plan administrator sought to recover lump sum benefits that a pension plan paid pursuant to QDROs that the administrator claimed were the result of “sham” divorces. According to the administrator, the plan participants—...
    [Brown v. Continental Airlines, Inc., 2009 WL 3365911 (S.D.Tex. 2009)]
  8. 2010 Cost-of-Living Adjustments in Dollar Limits and Thresholds for Retirement Plans Make Very Few Changes From 2009
    From the October 15, 2009 EBIA Weekly
    The IRS has announced the 2010 cost-of-living adjustments applicable to the dollar limits and thresholds for retirement plans. Most of the limits remain unchanged from 2009 because the procedures for making annual adjustments do not allow the limits ...
    [IRS News Release IR-2009-94 (Oct. 15, 2009)]
  9. Oral Statements Allegedly Changing Plan Terms Did Not Support Claim for Fiduciary Breach
    From the October 08, 2009 EBIA Weekly
    In this case, executives of a subsidiary group that merged with its parent company sued the parent (and plan sponsor) for alleged oral misrepresentations about how their pensions would be calculated. According to the executives, they were promised that their ...
    [Ladouceur v. Credit Lyonnais, 2009 WL 3104039 (2d Cir. 2009)]
  10. Will an SPD posted on our company's intranet satisfy the requirement under ERISA to deliver SPDs to participants?
    From the October 01, 2009 EBIA Weekly
    QUESTION: Our plan administrator would like to post our company’s employee benefit plan SPDs on the company’s intranet instead of delivering paper copies to participants. Would this method of delivering SPDs satisfy ERISA? ANSWER: Yes, if ...

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