EBIA Weekly Archives - 401(k)
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Results (834 articles found)
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- DOL Delays Final Investment Advice Regulations for an Additional 180 Days to Allow More Time for Legal and Policy Review
- From the May 21, 2009 EBIA Weekly
- The DOL has delayed for an additional 180 days the effective and applicability date 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 ...
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- IRS Permits Plans to Suspend or Reduce Safe Harbor Nonelective Contributions if Sponsor Has Substantial Business Hardship
- From the May 21, 2009 EBIA Weekly
- The IRS has proposed amendments to the safe harbor plan regulations under Code Sections 401(k) and 401(m), permitting safe harbor plans to suspend or reduce safe harbor nonelective contributions during the plan year if the plan sponsor incurs ...
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- First Circuit Refines Its Standard of Review Analysis Based on Supreme Court's Glenn Decision
- From the May 21, 2009 EBIA Weekly
- The First Circuit has reviewed its analysis of the standard of review applicable in ERISA benefits litigation and found the need for only modest refinements in light of the U.S. Supreme Court’s Glenn decision. As background, the ...
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- ERISA Applies to Tribal Disability Plan Covering Casino Employees
- From the May 14, 2009 EBIA Weekly
- This case addresses whether a disability plan covering employees of a tribal government and casino satisfied the exemption from ERISA for governmental plans. The court held that it did not. The Pension Protection Act of 2006 (PPA) amended ERISA’...
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- Two More Circuits Change Their Standard of Review Analysis Based on Supreme Court's Glenn Decision
- From the May 07, 2009 EBIA Weekly
- The circuit courts continue to address the impact of the U.S. Supreme Court’s Glenn decision on the standard of review applicable in ERISA benefits litigation. (See our articles on Glenn at http://www.ebia.com/WeeklyArchives/ERISA/...
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- What are the requirements for keeping electronic records for our 401(k) plan?
- From the April 23, 2009 EBIA Weekly
- QUESTION: Our company increasingly relies on electronic records for our 401(k) plan, but we are concerned whether those records satisfy the Code and ERISA’s recordkeeping requirements. Could you review those requirements for us? ANSWER: Both the IRS ...
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- Plan Fiduciaries Cannot Use ERISA Section 404(c) to Defend Against Claims Regarding Employer Stock Fund
- From the April 16, 2009 EBIA Weekly
- This employer sponsored seven retirement plans, all of which allowed plan participants to invest in an employer stock fund. After participants suffered substantial losses due to alleged accounting fraud and other improprieties, a group of plan participants brought a class ...
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- Employees Discharged Due to Plant Closing May Not Proceed With ERISA Section 510 Interference Claim
- From the April 09, 2009 EBIA Weekly
- A group of former employees claimed that their employer violated ERISA Section 510 when it closed the plant where they worked and discharged them to prevent their retirement eligibility. (ERISA Section 510 makes it unlawful to discharge or otherwise discriminate ...
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- Can you explain how the survivor benefit provisions in the Heroes Act apply to our 401(k) plan?
- From the March 26, 2009 EBIA Weekly
- QUESTION: I understand that the Heroes Act added survivor benefits for certain veterans. Could you explain how these provisions would apply to our 401(k) plan participants who are called to active duty? ANSWER: There are two survivor benefit provisions ...
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- DOL Delays Final Investment Advice Regulations for 60 Days to Allow for Legal and Policy Review
- From the March 26, 2009 EBIA Weekly
- The DOL has decided to delay for 60 days the effective and applicability date of its recently published final regulations regarding investment advice for participants and beneficiaries of individual account plans. Those regulations, originally scheduled to be effective March 23, ...
