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Adam C. Pozek

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Are You Kidding? The Fall Will Probably Kill You!

Adam C. Pozek 03/25/11
My good friend and benefits attorney Ilene Ferenczy sends out an e-newsletter from time-to-time. The Ferenczy Flash always includes timely, practical information for plan sponsors and service providers. The edition she sent earlier this week highlights a very important point that often gets lost in the 401(k) shuffle - while all of the fiduciary ...
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Werewolves of Pension

Adam C. Pozek 03/17/11
I was recently asked to write an article on ERISA Section 404(c). As I contemplated how to approach the article, I recalled many situations in which I have heard 404(c) pitched as the mythical silver bullet to save plan fiduciaries from the specter of liability associated with participant-directed investments.
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Reasonableness Requirement Is Not New

Adam C. Pozek 02/24/11
An article appeared yesterday on CFO.com entitled “New 401(k) Obligations Heaped on CFOs” and it carried a tagline stating “New disclosure rules abound, but pay close attention or you could be sued by plan participants.”
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What’s The Problem With PTINs?

Adam C. Pozek 02/23/11
I must confess that I have been very surprised by the vocal opposition to the new Preparer Tax Identification Number (PTIN) requirements.
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403(b) Plan Termination: Fact or Fiction?

Adam C. Pozek 02/22/11
Over the last several years, the answer has been a little of both. Beginning with the 2009 effective date of the IRS overhaul to the 403(b) regulations, it was establised that 403(b) plans could, indeed, be terminated. However, that legal fact has been somewhat of a practical fiction for plans funded by individual contracts. The reason being that ...
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Does Size Matter?

Adam C. Pozek 02/22/11
After my weekend post on "easy" plans not being so easy, I happened across this post by Ary Rosenbaum. It is a variation on the theme and focuses more on the size of the plan rather than its design complexity. The conclusion...size often matters when it comes to the quality of service. Small plans (often viewed by many as being synonymous with ...
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Easy Peasy Lemon Squeezy…Not When It Comes To Retirement Plans

Adam C. Pozek 02/20/11
Qualified plans are complicated beasts regardless of size or design. This truth is sometimes forgotten at this time of year when sponsors and service-providers are busy dealing with nondiscrimination testing and contribution calculations. I've many situations in which a plan sponsor decided to skip testing for a year, because their plan was so ...
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Confession Is Good For The Soul…And The Checkbook

Adam C. Pozek 09/24/10
Over the last few weeks, I have spoken with at least four plan sponsors who just became aware that they missed the April 30, 2010 deadline to restate their plan documents for EGTRRA. For those in certain federally declared disaster areas, the deadline was extended to July 30, 2010.
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Is It Time to Reinvent the 401(k) or Our Expectations of It?

Adam C. Pozek 04/1/10
2009 was a tough year for the 401(k) plan. From the Time cover story [Stephen Gandel, "Why It's Time to Retire the 401(k)," Time, 174(15): 28–34] to the pages of this journal [Teresa Ghilarducci, "If This Isn't the Time for a Guaranteed Retirement Account, When Is It?" Journal of Pension Benefits, 16(3): 21–28], numerous articles have espoused ...
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The Plan Document – More Like Guidelines or Actual Rules?

Adam C. Pozek 03/30/10
As the EGTRRA restatement window closes for pre-approved DC plans and begins to open for pre-approved DB plans, I thought I would pontificate on the importance of the plan document. Qualified plans are required to be maintained pursuant to a written plan document. Operating the plan inconsistent with terms in that document is an operational ...
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The views expressed in this blog are those of the authors and do not necessarily represent the views of any other person or organization. All content is provided for informational purposes only and is not intended to be tax or legal advice.