EBIA Weekly Archives - 401(k)
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Results (834 articles found)
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- Employer Must Provide Claims Administrator's Internal Guidelines Relied on in Denying Participant's Claim
- From the March 19, 2009 EBIA Weekly
- The participant in this case sued her former employer and the third-party claims administrator of the employer’s self-insured health plan, alleging, among other things, that they failed to timely respond to her multiple written requests for ...
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- Trustee's Delay in Filing Breach of Fiduciary Duty Claim Over Ponzi Scheme Investment Results in Dismissal
- From the March 19, 2009 EBIA Weekly
- ERISA generally requires that fiduciary breach claims be brought within six years after the breach occurs or within three years after the claimant has actual knowledge of the breach, whichever is earlier. In this case, the 401(k) plan of ...
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- Amended Regulation Z Under Truth-in-Lending Act Eliminates Disclosure Requirement for Most Retirement Plan Loans
- From the March 12, 2009 EBIA Weekly
- The Federal Reserve System’s Board of Governors (the Board) has amended Regulation Z to exempt most retirement plan loans from the disclosure requirement of the federal Truth-in-Lending Act. Generally, the Act requires lenders to provide borrowers ...
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- Seventh Circuit: Non-Disclosure of Revenue Sharing Did Not Violate ERISA
- From the March 05, 2009 EBIA Weekly
- The Seventh Circuit has affirmed a trial court’s finding that there is no existing requirement under ERISA to disclose revenue sharing information to plan participants (see our article at http://www.ebia.com/WeeklyArchives/401k/CourtCases/19072 (Premium ...
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- IRS Issues Final Regulations on Qualified and Eligible Automatic Contribution Arrangements
- From the February 26, 2009 EBIA Weekly
- The IRS has finalized regulations for implementing a qualified automatic contribution arrangement (QACA) or an eligible automatic contribution arrangement (EACA). As background, a QACA is a safe harbor plan design with automatic contributions that is deemed to satisfy the ADP ...
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- Employer and Independent Fiduciary "Unquestionably" Satisfied Their Fiduciary Duties in Sales of Employer Stock
- From the February 19, 2009 EBIA Weekly
- The employer in this case offered an employer stock fund as an investment option under its 401(k) plan. After it began Chapter 11 bankruptcy proceedings (to limit its potentially massive liability due to asbestos-related personal injury suits), the ...
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- EBSA Issues Guidance on Fiduciary Duties in Response to Alleged Abuses Involving the Madoff Investment Firm
- From the February 12, 2009 EBIA Weekly
- The DOL’s Employee Benefits Security Administration (EBSA) has issued a brief statement on the duties of employee benefit plan fiduciaries in light of alleged abuses involving Bernard L. Madoff Investment Securities LLC. According to the guidance, recent events ...
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- DOL Proposes to Delay Final Investment Advice Regulations, Requests Comments on Delay and Content of Rules
- From the February 05, 2009 EBIA Weekly
- The DOL has proposed a 60-day delay in the effective and applicability date of its recently published final regulations regarding investment advice for participants and beneficiaries of individual account plans. Those regulations implement the statutory prohibited transaction exemption for &#...
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- Plan Administrator Properly Followed Plan Documents and Paid Ex-Spouse Despite Divorce Decree Waiver
- From the January 29, 2009 EBIA Weekly
- The Supreme Court agreed to hear this case to resolve a split among Circuit and State Supreme Courts over whether an ex-spouse’s waiver of benefits in a divorce decree that is not a QDRO can divest the ...
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- QDRO Awarding Pension Benefits to Domestic Partner in "Quasi-Marital Relationship" Upheld on Appeal
- From the January 29, 2009 EBIA Weekly
- The participant in this case and his long-term partner never legally married but lived together in a “quasi-marital” relationship for over 30 years. When they separated, the partner obtained a state court order assigning her 50% ...
