PLANSPONSOR Weekend Newsdash
Week ending July 12th, 2019
The retirement plan industry will be closely watching cases taken on by the Supreme Court regarding when “actual knowledge” occurs for plaintiffs and whether participants can show harm for fiduciary breaches when a defined benefit (DB) plan is well-funded. Meanwhile, a case already decided by the high court could have implications for future retirement plan litigation. Form 5500 filings are due soon, and while some plan sponsors may dread the annual financial audit, one auditor suggests it can help plan sponsors identify mistakes and improve compliance. If mistakes are found, many can be self-corrected. Enjoy this edition of PLANSPONSOR Weekend!
Editor's choice
Compliance
Supreme Court Takes on Intel Case About ‘Actual Knowledge’
The investment committee for two Intel Corporation retirement plans asked the court to determine whether the provision of plan documents, in itself, creates for participants “actual knowledge” of an alleged fiduciary breach under the Employee Retirement Income Security Act (ERISA).Read more >
Compliance
Supreme Court Asked If Well-Funded Pensions Can Harm Participants
ERISA allows plan participants to sue to remedy demonstrable harms they have suffered as a result of fiduciary breaches. Less clear is how to apply ERISA’s remedies when a breach is alleged to have occurred within a well-funded pension plan.Read more >
Compliance
Supreme Court Rules in Case With Major Implications for Retirement Plans
The case concerns the issue of how much courts should defer to agency (such as IRS or Department of Labor) interpretations of regulations.Read more >
Compliance
Engaging With Plan Auditors Can Improve Plan Operations and Governance
In testimony to the ERISA Advisory Council, James Haubrock, with the American Institute of Certified Public Accountants (AICPA), explained how using findings from retirement plan financial audits can help plan sponsors improve their processes and compliance.Read more >
Compliance
Regulators Finalize New HRA Rule
Starting next January, employers can give their workers tax-deferred funds to go shopping for a health plan, thanks to individual coverage health reimbursement arrangements.Read more >
MOST POPULAR STORIES
Democrats Take Control of the Senate: What Does That Mean for Your Retirement Plan?

Syed Nishat, with Wall Street Alliance Group, discusses potential effects on retirement plans if President Joe Biden is able to move forward his legislative agenda.

2020 Recordkeeping Survey
Takeda Pharmaceuticals Faces ERISA Lawsuit Over TDF Suite in 401(k) Plan

The lawsuit says the target-date funds were selected for the plan despite having no performance history and, when they continued to underperform, they were not replaced with better options.

Pandemic Puts More Households at Risk in Retirement

The Center for Retirement Research says half of American households are at risk of not being able to live at pre-retirement standards of living in retirement.

Trustee Sued Over Retirement Plan Account Fraud

The lawsuit claims the trustee allowed an unauthorized person to take a distribution from a participant’s account and that the trustee is refusing to provide information to help remedy the situation.

Editorial: Alison Cooke Mintzer alison.mintzer@strategic-i.com

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