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Finding Balance with Form 5500

Adam C. Pozek 02/24/23
It’s rare that updates to the Form 5500 warrant little more than a yawn, if anyone other than those who prepare the forms even notice. That is NOT the case with changes issued by the Department of Labor today. In nearly 250 pages of new regulations, revised instructions and sample forms, the DOL announced some changes for the 2023 plan year that ...
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2020 DOL Enforcement Stats: Is the Glass Half Full or Half Empty?

DWC 03/4/21
From the Hot Seat to a Fireside Chat This week, we are bringing the heat in two completely different ways. Receiving notification that the Department of Labor is about to pay a visit to investigate your plan is enough to make you feel like you are sitting in the hot seat. And for good reason. In the first part of this week’s post, we bring you an ...
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DWC News Update | eDisclosures: A Deep Dive into Electronic Addresses and Internet Websites

DWC 06/8/20
Although the Department of Labor’s new ruling on electronic disclosures doesn’t officially go live until the end of next month, it is already breathing new life into some fairly antiquated-sounding terms. In this episode of eDisclosures, we will dive into exactly what constitutes an acceptable e-address and internet website.
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Happy MEP-morial Day From The DOL

Adam C. Pozek 05/29/12
Back in March, Assistant Secretary of Labor Phyllis Borzi testified before a Senate committee, expressing concern about whether open MEPs can be treated as single plans under ERISA since there is no commonality among adopters. A recording of her testimony is here, with the MEP comments beginning around the 36th and 43rd minutes. Some commentators ...
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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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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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In Search of the Elusive Non-ERISA 403(b)

Adam C. Pozek 02/21/10
Crikey! We’ve just discovered the rare non-ERISA 403(b) plan meandering along, oblivious to such details as filing Form 5500 or worrying about fiduciary responsibility. Wait…could it be this harmless creature only offers investments from a single vendor? Danger! Danger! Danger!
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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.