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?

When are RSUs Deferred Compensation?

For RSUs: To Comply or Not to Comply (with Section 409A). That is the question.

Deferred Compensation, Compensation/Employment, Equity PlansSandra CohenJune 8, 2022

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.

Settling Employment Disputes: Tax Aspects

Settlements of employment disputes are usually taxable, but this does not need to be a surprise. With some advance planning and proper allocation, the parties can save on taxes, or at least avoid tax surprises, Sandra Cohen explains in her article published by LexisNexis Practical Guidance and Law360: Tax Authority.

Compensation/EmploymentSandra CohenApril 12, 2022

Compensation Highlights: President Biden's FY2023 Budget Priorities

As executive compensation advisors, we found the following tax proposals in Biden’s FY23 budget proposal to be worth noting.

Compensation/Employment, Deferred CompensationZahava BlumenthalApril 7, 2022

In the News-401ktv Article Quotes Carol Buckmann

Carol Buckmann is quoted in this 401ktv article on private equity investments through 401(k) plans.

Fiduciary Advice, Qualified Retirement PlanSandra CohenApril 1, 2022privateequity, 401k

Private Equity and 401(k) Plans-Do They Belong Together?

Does private equity belong in 401(k) plans? The Department of Labor has issued new guidance cautioning fiduciaries about the risks. Carol Buckmann discusses the issues in this article for Investment News.