EBIA Weekly Archives - 401(k)

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Results (861 articles found)


  1. State Courts Have Jurisdiction to Determine Whether a Domestic Relations Order Is Qualified
    From the December 23, 2009 EBIA Weekly
    In this case, a participant’s former spouse (the alternate payee) sought to enforce a domestic relations order (DRO) that gave her one half of the participant’s pension benefits. The state trial court that initially heard her ...
    [Langston v. Wilson McShane Corp., 2009 WL 4670429 (Minn. Sup. Ct. 2009)]
  2. DOL Affirms Application of ERISA's Mutual Fund Exclusions to Typical "Target Date" and "Lifecycle" Fund Arrangements
    From the December 23, 2009 EBIA Weekly
    The DOL has affirmed that the assets of “target date” and “lifecycle” mutual funds (collectively, “lifestyle” funds) do not constitute plan assets of investing employee benefit plans, and the investment advisors to such mutual ...
    [DOL Advisory Opinion 2009-04A (Dec. 4, 2009)]
  3. GAO Report to Congress Finds Confusion Over Form 5500 Schedule C Reporting and Recommends Additional Guidance
    From the December 17, 2009 EBIA Weekly
    In this report to Congress, the Government Accounting Office (GAO) has concluded that DOL guidance regarding Form 5500 Schedule C lacks clarity and, therefore, is unlikely to fulfill the purpose of capturing the costs that ERISA plans incur (see our ...
    ["Private Pensions: Additional Changes Could Improve Employee Benefit Plan Financial Reporting," GAO-10-54 (Nov. 2009)]
  4. IRS Issues 2009 Cumulative List of Changes for Cycle E Plans and Extends Diversification Amendment Deadline
    From the December 17, 2009 EBIA Weekly
    In Notice 2009-98, the IRS has issued its 2009 Cumulative List, which identifies the statutory, regulatory, and guidance changes that the IRS will look for when individually designed plan documents are submitted for determination letters during the Cycle E ...
    [IRS Notices 2009-97 and 2009-98 (Dec. 11, 2009)]
  5. IRS Newsletter Highlights Internal Compliance Controls, Schedule SSA, and Website Updates
    From the December 10, 2009 EBIA Weekly
    In this edition of its retirement newsletter for employers, the IRS includes the following items of interest to employers who maintain 401(k) plans: Interview With Director of Employee Plans (EP) Examinations. According to the Director of EP Examinations, “...
    [IRS Newsletter "Retirement News for Employers" (Fall 2009)]
  6. Benefit Claim Survives Claimant's Failure to Exhaust Administrative Remedies Due to Insurer's Failure to Provide Requested Documents
    From the December 10, 2009 EBIA Weekly
    The insurer for the ERISA long-term disability plan in this case terminated a plan participant’s benefits (for failure to satisfy the applicable disability definition), providing a denial notice that cited the findings of medical and vocational experts ...
    [Brown v. J.B. Hunt Transport Services, Inc., 2009 WL 3818374 (8th Cir. 2009)]
  7. Eighth Circuit Sends Claims of Excessive Fees and Undisclosed Revenue Sharing Back to Trial Court
    From the December 03, 2009 EBIA Weekly
    In this closely watched case alleging, among other things, excessive fees charged on a large employer’s 401(k) plan investment funds, the Eighth Circuit overturned the trial court’s dismissal and remanded the case to the trial ...
    [Braden v. Wal-Mart Stores, Inc., 2009 WL 4062105 (8th Cir. 2009)]
  8. 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)]
  9. 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)]
  10. 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)]

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