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Late deposit of employee contributions is a common ERISA violation that may involve small dollar amounts. The Voluntary Fiduciary Correction Program (VFCP), is being expanded to allow self-correction of late contributions without a formal filing, but there are important conditions to know about. Terry Moore discusses them in this post.
Read MoreWill common sense prevail? The Supreme Court will be issuing an opinion on what plaintiffs must plead in their complaints in order to claim that plan service arrangements are prohibited transactions. A decision for defendants could rein in fishing expeditions.
Read MoreJeff Mamorsky provides insights into the recent American Airlines decision on ESG investing from the perspective of his role in the drafting of ERISA.
Read MoreA written cybersecurity policy sets out the framework for fulfilling ERISA fiduciary responsibilities.
Read MoreHere’s a list of changes we’d like to see in 2025.
Read MoreCohen & Buckmann founding partner Carol I. Buckmann and partner Gretchen Harders will provide guidance to fiduciaries who manage ERISA-covered plans and their legal advisers in an Oct. 8 webinar for the American Bar Association’s Joint Committee on Employee Benefits.
Read MoreLawsuits brought on behalf of anti-ESG activists have been dismissed, demonstrating that politically-motivated lawsuits may face obstacles.
Read MoreThe end of Chevron deference will make it difficult to tell which regulations are binding.
Read MorePrepare for even more uncertainty about the status of ERISA regulations.
Read MoreHappy 50th Birthday, ERISA!. When ERISA was enactedin 1974, it provided new federal protections for plan participants. These protections have increased over the years, and spouses have gained greater rights. There have also been changes not foreseen by ERISA’s drafters such as the decline of single employer defined benefit plans. Though much progress has been made, this is also an appropriate time to consider where ERISA has fallen short.
Read MoreA series of lawsuits have challenged how plan sponsors have used plan forfeitures to reduce employer contributions. In this interview, Carol Buckmann discusses the issues
Read More401(k) sponsors routinely use forfeitures to reduce employer contributions. New lawsuits say this is an ERISA violation. Who will win?.
Read MoreInvestment Advisers who advise IRAs and pensions have increased risk of being a “fiduciary” under this final rule.
Read MorePlan fiduciaries need to secure in-house data and investigate their outside vendors’ procedures.
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