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Report Link You’ve Gotta Have Heart.Fisher & Phillips, LLP - July 03, 2008 Last month President Bush signed into law the Heroes Earnings and Assistance and Relief Act of 2008 (HEART or the Heroes Act). The Act's provisions impact benefits under 401(k) plans. In addition, Health FSAs, group health plans, and cafeteria plans may also be impacted by some Heroes Act changes. Report Link DOL Issues Guidance On Qualified Default Investment Alternatives.Ogletree Deakins - June 25, 2008 Employers that have adopted a qualified default investment alternative (QDIA) for their 401(k) plans now have a new resource to help work through potential problems, including issues related to investments that predate the QDIA rules, the coordination of QDIA and other plan-related notices, grandfathered stable value funds, and so-called "round trip" restrictions. Report Link Supreme Court Ruling Allows Individuals to Recover Individual 401(k) Account Losses.Ogletree Deakins - February 21, 2008 Today, the U.S. Supreme issued its ruling in LaRue v. DeWolff, Boberg & Associates, Inc. The high court disagreed with the Fourth Circuit Court of Appeals' decision that a participant in a 401(k) plan is prohibited from using Section 502(a)(2) of the Employee Retirement Income Security Act (ERISA) to recover losses allegedly caused by his employer's failure to carry out his investment instructions. "Although [Section] 502(a)(2) does not provide a remedy for individual injuries distinct from plan injuries," the majority wrote, "that provision does authorize recovery for fiduciary breaches that impair the value of plan assets in a participant's individual account." Report Link DOL Issues Final Regs On QDIA's.Fisher & Phillips, LLP - January 08, 2008 Participant-directed accounts have become the norm in most 401(k) plans. But with the increase in the number of plans utilizing automatic enrollment features, plan fiduciaries should select a default investment for participants who fail to make an election. Report Link New Automatic Enrollment Arrangement For 401(k) Plans.Fisher & Phillips, LLP - October 03, 2007 If you are considering adding automatic enrollment for employees who have not signed up for the 401(k) plan, a new kind of automatic enrollment is available next year. Beginning January 1, 2008, a 401(k) plan can offer a "Qualified Automatic Contribution Arrangement" (QACA) which requires minimum levels of 401(k) deferrals and exempts the 401(k) plan from nondiscrimination and top heavy testing. Report Link 401(k) Plan Fees Litigation: Is The Dam Breaking? A Slew of Class Action Lawsuits Alleging Shady Fee Practices Roils 401(k) Sponsors.Littler Mendelson, P.C. - April 16, 2007 Are ERISA fiduciaries violating their mandate to invest plan assets as experts would? Are the fees just too high? Report Link On the 401(k) Radar: Recent Litigation over Fees and Proposed Regulations on Default Investments.Cooley Godward Kronish LLP. - October 12, 2006 Last month, nearly identical lawsuits alleging breach of fiduciary duties under ERISA were filed against seven large companies and certain of their officers, directors and employees in connection with fees paid from the assets of the companies’ 401(k) plans. The lawsuits, all filed by a St. Louis law firm seeking class action certification, allege breaches of ERISA’s fiduciary duties of loyalty and care, including the failure to follow the terms of plan documents, based on the use of 401(k) plan assets to pay administrative fees claimed to be “excessive.” Report Link 401(k) Plans Can Reduce ERISA Exposure but Require On-Going Fiduciary AttentionJackson Lewis LLP - June 15, 2006 The 401(k) plan has become the primary retirement funding vehicle for the vast majority of employers. 401(k) plans are not only popular with employees, but also can provide employers with reduced exposure to liability under ERISA. However, such plans require ongoing fiduciary attention, and employers often do not take full advantage of the opportunities to reduce ERISA fiduciary liability. Report Link IRS Releases Sample Amendments For Roth 401(k) Plans (pdf).Ford & Harrison LLP - May 24, 2006 Since January 1, 2006, employers who sponsor a
401(k) plan have had the option of including a
“Roth contribution” feature in the plan. Report Link Roth 401(k)s, More Flexible Spending Accounts, and Safer IRAs.Cooley Godward Kronish LLP. - August 08, 2005 One provision of the Economic Growth and Tax Relief Reconciliation Act of 2001 (“EGTRRA”) that had a delayed implementation date is the provision for Roth 401(k) contributions. (Technically, Roth contributions may be made to 403(b) annuity plans as well. In the remainder of this Alert, however, we will refer only to the far more widespread 401(k) plans.) The Internal Revenue Service (“IRS”) recently issued proposed regulations addressing Roth 401(k) contributions, which are scheduled to become effective January 1, 2006, for calendar year plans. Report Link ERISA Compliance Alert: After-Tax Roth 401(k) Accounts Available in 2006 (pdf).Nexsen Pruet - May 03, 2005 Beginning January 1, 2006, employers who sponsor 401(k) plans or 403(b) plans
will have another optional feature to consider adding to their plans: the Roth 401(k)
contribution. Report Link Updated 401(k) Plan Regulations Finalized (pdf).Vedder Price - February 17, 2005 Updated final regulations were recently issued covering
401(k) plans. Pre-tax contributions made by 401(k) plan
participants are tested for discrimination each year under
the actual deferral percentage (ADP) test under
Section 401(k) of the Internal Revenue Code of 1986, as
amended (the "Code"). Report Link SEC Turns Up the Heat on 401(k) Fiduciaries.Littler Mendelson, P.C. - August 03, 2004 This is not an easy time to be a 401(k) plan fiduciary. With frightening regularity, attacks have been launched by government agencies and plan participants, some successfully, at fiduciaries.
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Employment Law Seminars
WORKPLACE VIOLENCE: STRATEGIES FOR PREVENTION
Sacramento
July 8, 2008 Shaw Valenza LLPBenefits "Q And A": Get The Benefit From Our Benefits ExpertsEast Elmhurst
2008-7-8 Queens Chamber of CommercePREVENTING HARASSMENT AND OTHER EEO ISSUES AT WORK: IT’S ALL ABOUT RESPECT (AB1825 COMPLIANCE)Eureka
July 10, 2008 Shaw ValenzaThe Connecticut Sexual and Other Harassment Education and Training in the Workplace ActNew London
2008-7-16 Jackson Lewis LLPThe Connecticut Sexual and Other Harassment Education and Training in the Workplace ActHartford
2008-7-16 Jackson Lewis LLPFree Lunchtime Webinar: Protecting Company Assets: Trade Secrets, Non-Competition, And The World Of Restrictive Covenants: Will The Courts Really Enforce These Agreements?Online
July 17, 2008 Fisher & PhillipsDealing With HR Dilemmas In The Digital AgeMelville
2008-7-17 Jackson Lewis LLPDealing With HR Dilemmas In The Digital AgeIrving
2008-7-17 Jackson Lewis LLPComplimentary Breakfast Briefing for In-House Counsel, Senior Management and HR ProfessionalsMemphis
July 22, 2008 Ford & HarrisonInternal Influences /Protecting Your Workplace From Distraction And Destruction - Part IIRiverhead
2008-7-24 Jackson Lewis LLP |
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