Lawsuit Challenging Employer Health Plan Options Survives Motion to Dismiss
A pending lawsuit against Northwestern University and its health plan fiduciaries raises novel claims that could be problematic for employers that offer multiple medical benefit options if the court’s...
View ArticleFiduciary Considerations Following Proposed Regulations Allowing Private...
The Department of Labor (DOL) recently issued proposed regulations intended to facilitate 401(k) participants’ access to alternative investments and provide a fiduciary safe harbor applicable to any...
View ArticleI Hope You’re Happy Now … Coca Cola Top Hat Plan Lawsuit Highlights...
A recent decision by a Federal district judge in a lawsuit challenging a surviving spouse’s claim to survivor benefits under Coca Cola’s executive retirement plan, a nonqualified top hat plan,...
View ArticleWaste of Lime … Potential Dismissal of Pension Plan Lawsuit Emphasizes...
A recent decision by a Federal magistrate judge in a lawsuit challenging plan disclosures related to the conversion of a hospital’s pension plan from a traditional pension plan to cash balance plan...
View Article‘Til You Can’t … What’s An Employer To Do When Court Gives 401(k) To Ex-Wife
A recent decision by the Seventh Circuit highlights why employers may want to consider including a provision in their 401(k) plan that revokes a beneficiary designation to an ex-spouse if the plan...
View ArticleNo Peace In Quiet … Employer Considerations As New Lawsuits Challenge...
In a new wave of ERISA lawsuits, four employers were sued during the holiday season for allegedly breaching ERISA fiduciary duties regarding their voluntary benefits insurance offerings. The voluntary...
View ArticleWelcome To The Future… Fiduciary Considerations as Recent 401(k) Lawsuit...
A recently filed proposed class action lawsuit against IBM’s 401(k) plan fiduciaries highlights the importance for 401(k) plan fiduciaries to carefully select and monitor 401(k) plan investment...
View ArticleMy Next Thirty Years… Fiduciary Considerations Following DOL Approving...
Recently, the Department of Labor (DOL) issued an advisory opinion letter to AllianceBernstein permitting the AllianceBernstein Lifetime Income Strategy program for use as a qualified default...
View ArticleMoney, So They Say… 2026 IRS Limits Announced
The IRS has announced the 2026 cost of living adjustments to qualified plan limits. Below are the highlights, and our full historical chart can be found here for easy reference. In addition, the wage...
View ArticleBeer Never Broke My Heart … Recent 401(k) Lawsuit Challenges Stable Value Fund
A recently filed proposed class action lawsuit against Molson Coors’ 401(k) plan fiduciaries highlights the importance for 401(k) plan fiduciaries to carefully select and continually monitor all...
View ArticleSome Beach … Fiduciary Considerations As Recordkeeper Sued For Misusing...
A proposed class action lawsuit filed against Empower last month highlights the importance for 401(k) plan fiduciaries to carefully negotiate their services agreements with recordkeepers and other...
View ArticleOne Too Many … Employer Considerations Following New Lawsuit Challenging...
A recently filed lawsuit against Northwestern University and its health plan fiduciaries raises novel claims that could be problematic for employers that offer multiple medical benefit options, if the...
View ArticleI Might Be In Oklahoma But I’m Not OK … Fiduciary Considerations Following...
Last week the White House issued an executive order directing the Department of Labor (DOL) and Securities and Exchange Commission (SEC) to facilitate 401(k) participants’ access to alternative...
View ArticleHow Do You Like Me Now… Plan Fiduciary Considerations Following New DOL...
The Department of Labor recently issued Compliance Assistance Release No. 2025-01 rescinding Compliance Assistance Release No. 2022-01 that directed 401(k) plan fiduciaries to exercise “extreme care”...
View ArticleNo Shoes, No Shirt, No Problems… But Nonenforcement Policy Doesn’t Make...
The Departments of Labor, Treasury, and Health and Human Services (the “Departments”) recently announced a nonenforcement policy with respect to the 2024 Mental Health Parity and Addiction Equity Act...
View ArticleTruck on Fire … Supreme Court Relaxes ERISA Pleading Standards
by Alex Smith The Supreme Court recently issued a decision regarding the pleading standards for ERISA prohibited transactions claims in a case involving Cornell’s 403(b) plan to resolve a federal...
View ArticleEvery Little Thing … Employer Considerations as New 401(k) Lawsuit Includes...
by Alex Smith A recently filed lawsuit related to Swiss Re’s 401(k) plan stands out because of the extensive assortment of allegations...
View ArticleSmoke ‘Em One By One … Navigating the Wave of Tobacco Surcharge Lawsuits
Over the past several months, numerous large employers and their health plan fiduciaries have faced lawsuits regarding their health plan’s tobacco surcharge. A tobacco surcharge wellness program...
View ArticleEverything Counts in Large Amounts…2025 IRS Limits Announced
by Lyn Domenick The IRS has announced the 2025 cost of living adjustments to qualified plan limits...
View ArticleHeads California, Tails Carolina… Employer Considerations Following Wave of...
Over the past year, numerous employers and their 401(k) plan fiduciaries have faced lawsuits regarding how forfeited employer contributions to their 401(k) plan are utilized. This wave of lawsuits...
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