PLANSPONSOR Weekend Newsdash
Week ending October 4th, 2019

There has actually been relatively little helpful legal insight published by the courts, due to the fact that many Employee Retirement Income Security Act (ERISA) cases end with settlements, while others are dismissed early on for pleading deficiencies. Even though a ruling was issued in Schwab’s attempt to compel arbitration of a participant’s complaint, the decision left unanswered questions. Hopefully, guidance will come from the U.S. Supreme Court in the cases it is reviewing. Meanwhile, clear guidance has been issued from the IRS about new hardship withdrawal rules. Enjoy this edition of PLANSPONSOR Weekend!

Editor's choice
Industry Voices
Barry’s Pickings: 401(k) Fiduciary Litigation – Still Chaotic
Michael Barry, president of O3 Plan Advisory Services LLC, discusses how differing views by courts in various ERISA cases results in no clear guidance. Read more >
Compliance
Schwab Arbitration Ruling Leaves Unanswered Questions
The effect of the 9th Circuit decision on Employee Retirement Income Security Act (ERISA) lawsuits is uncertain, and arbitration is not the perfect option plan sponsors may think. Read more >
Compliance
Funded Status Not a Good Measure for Whether DB Plan Participants Can Sue
The U.S. Solicitor General and the Pension Rights Center have filed briefs with the Supreme Court for a fiduciary breach case the U.S. 8th Circuit Court of Appeals dismissed based on the fact that a DB plan had enough money left over to keep paying benefits. Read more >
Compliance
Supreme Court Asked to Review Case About Annuity Contracts in Retirement Plans
The question before the court is: May an ERISA plan participant or beneficiary seek disgorgement of unreasonable profits derived from a plan contract from a non-fiduciary party in interest? Read more >
Compliance
IRS Finalizes Hardship Withdrawal Rules
Michael A. Webb, with Cammack Retirement Group, says there are no substantive changes from the proposed regulations, but he points out certain items in the final regulations plan sponsors should note. Read more >
Compliance
What Safe Harbors Are Available to Retirement Plan Sponsors?
Safe harbor provisions protect employers from liability. That’s one good reason to understand them. Read more >
MOST POPULAR STORIES
AT&T Sued Over Calculation of Early Retirement Benefits

The plaintiffs say the plan’s terms reduce benefits using “Early Retirement Factors” and “Joint and Survivor Annuity Factors” which result in plan participants receiving less than the actuarial equivalent of their vested accrued benefit, as required by ERISA.

Congressional Leaders Want SECURE Act Passage in 2019

Based on the conversations industry advocates are having in Washington, none of the leadership in the Senate or the House opposes passage of the SECURE Act.

Social Security Administration Announced COLA for 2020

Employees not only need basic education, but they need to know how to include Social Security in their retirement income strategy.

Could GE Have Continued Its DB Benefits?

GE is freezing pension plans and offering a lump-sum window to certain former employees, but John Lowell, with October Three, questions whether a design-based solution would have helped the company continue to offer DB benefits to employees.

Millennium Trust Helps Small Businesses Select a Retirement Plan

The Retirement Savings Selector Tool for Small Businesses was created to help small businesses identify a retirement savings option that may be a fit for their business by answering a few quick and easy questions.

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

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