Compliance | July 16th, 2018 ERISA Excessive Fee Claims Against Checksmart Time-Barred by District Court The decision points to mailings and various other disclosures sent by Checksmart to the defendant over the years leading up...
Compliance | July 2nd, 2018 Matrix Trust Company Sued Over Asset Transfers From 403(b) Plans Matrix is being sued for violating its fiduciary duties because it did not verify that the transfers were authorized by...
Compliance | June 28th, 2018 R.I. Governor Signs Bill to Facilitate Settlement of Church Plan Suits A newly filed challenge to St. Joseph Health Services of Rhode Island’s retirement plan claims the plan at some point...
Compliance | June 28th, 2018 GWU Tells Court 403(b)s Cannot Be Compared to 401(k)s In a brief supporting a motion to dismiss a case against George Washington University related to the management of its...
Compliance | June 19th, 2018 PSNC 2018: Best Practices to Protect Yourself and Your Company from Fiduciary Liability Lawsuits Having prudent processes in place when making plan decisions is of utmost importance, and if a plan sponsor gets sued,...
Compliance | June 11th, 2018 Appellate Court Rejects Bank of America Participants’ Claim for More Relief Noting that the bank already made restitution to the participants under an IRS closing agreement, the 4th Circuit agreed with...
Compliance | June 6th, 2018 New Claim Added to Vanderbilt University 403(b) Plan Lawsuit The new claim is related to the defendants’ alleged failure to protect plan assets by allowing third parties to market...
Compliance | June 4th, 2018 Invesco Accused of Self-Dealing in 401(k) Plaintiffs allege the firm added poorly performing proprietary mutual funds to their plan.
Compliance | June 4th, 2018 Second Stock Drop Complaint Against Edison International Dismissed A federal district court judge found that additional allegations that alternatives to continuing to offer the company stock would lead...
Compliance | May 18th, 2018 ERISA Excessive Fee Suit Filed Against University of Rochester The suit challenges fees paid to provider TIAA.
Compliance | May 17th, 2018 Lawsuit Filed Against Plan Sponsor, Aon Hewitt for Untested Funds in 401(k) According to the complaint, the defendants removed a large number of established funds in the plan that were performing well...
Opinions | May 14th, 2018 The Retirement Enhancement and Savings Act of 2018: What Would It Mean for MEPs? In March, the Retirement Enhancement and Savings Act of 2018 (RESA) was introduced in the U.S. Senate. If passed, the...
Compliance | May 11th, 2018 Public Pension Fund Files Complaint Against Wells Fargo Over Compensation Received The bank admitted that because of “a system error,” revenue sharing payments were not credited to the retirement fund, but...
Compliance | May 9th, 2018 ESOP Fiduciaries to Pay More Than $2 Million to Settle DOL Lawsuit The Department of Labor sued Sonnax Industries, company officers and ESOP fiduciaries Tommy Harmon and Frederick Fritz, and Illinois-based First...
Opinions | May 4th, 2018 Barry’s Pickings: Keeping Employers in the 401(k) System: Fixing 401(k) Fee Litigation Michael Barry, president of the Plan Advisory Services Group, delves into fee litigation assumptions—and what is wrong with them.
Compliance | April 25th, 2018 Court Affirms DB Plan Sponsor Owes Excise Taxes on Non-Deductible Contributions A federal appellate court agreed with the Commissioner of Internal Revenue that Pizza Pro Equipment Leasing incorrectly calculated the limitation...
Compliance | April 9th, 2018 Court Finds Company Owners Not Responsible for Multiemployer Plan Withdrawal Liability The 9th Circuit depended on its own precedent in finding that unpaid contributions to employee benefit funds are not plan...
Compliance | April 5th, 2018 7th Circuit Again Rules Successor is Responsible for Multiemployer Plan Withdrawal Liability The appellate court disagreed with a district court conclusion that the multiemployer plan had not shown sufficient continuity of business...
Compliance | March 27th, 2018 TPA Faces Another Lawsuit for Stealing Retirement Plan Assets The lawsuit filed by MBA Engineering on behalf of its 401(k) and cash balance plans also accuses Vantage Benefits, MBA's...
Compliance | February 27th, 2018 Original Case Against NYU 403(b) Plans Going to Trial In addition, a federal judge dismissed a third complaint against NYU—naming its adviser as a defendant—as a duplicative action.