Tag: Employee Retirement Income Security Act (ERISA)

Retirement Plan Fiduciaries Must Wisely Consider All Investment Options

Retirement plan fiduciaries have a duty to monitor investment options continuously and remove all imprudent ones, a unanimous U.S. Supreme Court (SCOTUS) recently ruled in a much-anticipated decision. In the opinion, the Court made it clear the fiduciaries can’t ignore imprudent investment options in 401(k)s or other retirement plans even if other, prudent choices are […]

Ruling Helps Employers Ending Union Pension Funding

The U.S. 6th Circuit Court of Appeals (which covers Michigan employers) recently issued a long-awaited decision about the appropriateness of interest rate assumptions used by union pension funds to calculate withdrawal liability. The court affirmed a district court’s opinion holding the Ohio Operating Engineers Pension Fund’s use of the “Segal Blend” violated the Employee Retirement […]


Series of ERISA Retirement Benefit Cases Head to Supreme Court Docket

Three lawsuits against corporate retirement benefit plans involving the Employee Retirement Income Security Act (ERISA) have been, and a fourth may be, granted certiorari by the U.S. Supreme Court for its next term, a relatively large concentration of these cases in the High Court’s recent history of hearing ERISA matters.

Are Your Participant Education Programs Failing?

Many 401(k) plan sponsors seek to reduce their potential fiduciary liability by electing to be a Section 404(c) plan. Under Employee Retirement Income Security Act (ERISA) Section 404(c), a fiduciary is not liable for losses in the plan resulting from the participant’s selection of investments in his or her own account, provided that the participant […]


Attorneys Analyze Key ERISA Legal Challenges to Watch in Courts in the Year Ahead

Several troublesome issues faced by Employee Retirement Income Security Act of 1974 (ERISA) plan sponsors, service providers, and attorneys are likely to be resolved in court cases this year. These lawsuits, and the way they are settled, could potentially have widespread effects on plan participants and the retirement plan community for years to come.


What Is the Strengthening Financial Security Through Short-Term Savings Accounts Act of 2018?

The Strengthening Financial Security Through Short-Term Savings Accounts Act of 2018 is a bill introduced in the Senate in July 2018 (S. 3218). It proposes, in short, to “allow employers to offer short-term savings accounts with automatic contribution arrangements for financial emergencies.”[i] This bill has only been introduced; it has been referred to committee, and […]