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In part one of this article we explored the Department of Labor’s (DOL) guidance for locating missing participants in the event of a plan termination. Today we will look at what constitutes acceptable and unacceptable alternatives.
The U.S. Department of Labor (DOL)’s guidance for locating missing participants in the event of a plan termination has become more widely accepted for finding such participants in a variety of scenarios. But the guidance does not clearly state at what point the retirement plan fiduciary has met its obligation to track down missing participants […]
Ensuring that an employer’s 401(k) plan is being administered in accordance with its terms and applicable law is a fundamental fiduciary responsibility. This includes complying with the Internal Revenue Code, the Employee Retirement Income Security Act (ERISA), and the regulations under both.
In part one of this article, we covered the roles and responsibilities of a plan fiduciary and evaluated the new U.S. Department of Labor (DOL) fiduciary rule’s impact, even though full implementation has been delayed—extended to July 1, 2019. In this article, we’ll cover the exception to the fiduciary rule, as well as some steps […]
With the new U.S. Department of Labor (DOL) fiduciary rule in effect, and the phased implementation and extended transition period set, it is reasonable to imagine that all members of the retirement plans community have been refreshing their understanding of the fiduciary duties tied to plan administration.
by Douglas R. Chamberlain Until recently, with the realities of America’s mobile society, it was quite possible to lose track of people—former employees included—especially if they didn’t particularly care to be found. However, the advance of modern technology, led by the Internet, first slowed and then reversed this trend—to the point where anonymity and obscurity […]
In the past year, litigation filed under the Employee Retirement Income Security Act (ERISA) has exploded, and it’s quickly becoming an ever-present reality for employers. One of the most recent and fastest-growing areas of this litigation involves 401(k) fee cases. Because the lawsuits are very new and still not well publicized, they catch many employers […]