What to Keep on Your Radar and Some Predictions for 2023

There were many important developments affecting plan sponsors and benefits professionals in 2022, and there is reason to expect more in 2023. Here is what to keep on your radar.

SECURE 2.0 Is Finally Passed with Gifts for Everyone

SECURE 2.0 takes aim at the retirement savings gap and contains major changes affecting all types of plans. Some of them are effective in 2023. Here are some key takeaways.

The Pendulum Swings Back: Final ESG Regulations Give Fiduciaries More Flexibility

New regulations make ESG investing easier, but can’t close the political divide.

Fiduciary Advice, Qualified Retirement PlanCarol BuckmannDecember 19, 2022ESG, fiduciaryresponsibility

Is Cryptocurrency Too Risky for 401(k) Plans? The Controversy Continues

Several new developments mean that the debate over whether cryptocurrency belongs in retirement plans isn’t going away.

In the News-Carol Buckmann Quoted on Need for Cybersecurity Liability Standards

Carol tells Bloomberg Law why we need more guidance on liability when participant benefits are stolen by internet thieves.

Fiduciary Advice, Qualified Retirement PlanSandra CohenAugust 19, 2022cybersecurity, 401k, pensions

Good News for Plan Sponsors! IRS Extends SECURE, CARES Act Amendments Deadline.

The IRS has extended the deadline for finalizing qualified plan amendments, although plan sponsors might want to amend their plans sooner rather than later. Attorney Ben Josselsohn explains why.

Qualified Retirement Plan, SECURE ActBen JosselsohnAugust 5, 2022

Another Cybertheft Lawsuit Spotlights 401(k) Recordkeeper Procedures

Who is responsible when a thief steals a participant’s 401(k) account?

In the News-Pensions & Investments Quotes Carol Buckmann on Supreme Court Decision

A recent Supreme Court decision on agency powers could affect Department of Labor guidance. Carol Buckmann explains the possible impact in this article.

In the News-Carol Buckmann Quoted by Pensions & Investments

Mandatory arbitration of ERISA claims could curb class action litigation, but open issues remain. Careful drafting is a must.

A Kinder, Gentler IRS Employee Plans Office? Introducing the New Pre-Audit Compliance Pilot Program

Plan sponsors may receive a letter inviting them to participate in a pre-audit compliance pilot program.

Qualified Retirement PlanBen JosselsohnJune 14, 2022

More Pushback Against CAR 2022-01: ForUsAll’s Suit Against the Department of Labor

The pushback against the DOL’s position on cryptocurrency investments intensifies as a lawsuit is filed by ForUsAll to invalidate the DOL guidance. Has the DOL exceeded its statutory authority?

Arbitration of ERISA Claims Under the Microscope-Where are the Courts and Congress Headed?

We still have no final word from the courts on the enforceability of ERISA mandatory arbitration provisions, but plan sponsors can increase the chances that their mandatory arbitration policies will be upheld by reviewing the reasoning in recent cases. That’s assuming that Congress doesn’t act.

The State of State-Run Retirement Programs

Individual states are stepping up to provide a vehicle for those not covered by employer-sponsored retirement plans to save for retirement. However, employers who would be covered by these programs may not be aware of alternative options that can accept higher contributions. This article discusses the issues.

Industry Groups Push Back-Why the DOL Should Partner with Stakeholders to Revise Its Cryptocurrency Guidance

Cryptocurrency is here to stay. There are many different types of cryptocurrency and cryptocurrency-related investments and they have different risk profiles. Regardless of whether you think cyptocurrency belongs in 401(k) plans, it is in everyone’s interest for the DOL to clarify its new guidance and for there to be an improved process for issuing further guidance. Stakeholders can help the DOL understand more about the market and how it is evolving.