ERISA

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The retirement plan landscape is ever evolving. We distill the details so you don’t have to!

We’ve corralled the best news from inside the beltway – not only regulations, but also new legislation from Congress as well as relevant guidance from the IRS and Department of Labor. In true DWC fashion, we don’t just repackage a recitation of the rules, we provide our thoughts and commentary about what those rules mean to you.

We know cash balance rules can be intimidating! Settle into the Cash Balance Corner and let us break it down for you.

Have 401(k) questions? We have 401(k) answers! We bring you answers to many of the common questions we receive.

A behind-the-scenes look not at how the sausage is made, but why we make it the way we do. (Hint: It’s all about the best interests of the client.)

We’re all about learning from other people’s (alleged) mistakes. We might not be attorneys, but we still follow benefits-related cases and summarize lessons and key take-aways. No hourly fee needed for these insights!

A deeper dive into retirement plan topics doesn’t have to be headache-inducing. Our Pension Primer articles provide depth of information without depth of jargon!

DWC |

Nondiscrimination Testing Creates Career Opportunites

Sponsoring a retirement plan can provide significant benefits to a company (and its participants). But with great benefits comes great responsibility…responsibility to follow all of the various ...
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DWC |

Anticipating a New Hire - You Might Change Your Mind

Sponsoring a retirement plan can provide significant benefits to a company (and its participants). But with great benefits comes great responsibility…responsibility to follow all of the various ...
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DWC |

Adding an Employee to Your Cash Balance Plan? You Should be Thinking This Article is "Just What I Needed"

Sponsoring a retirement plan can provide significant benefits to a company (and its participants). But with great benefits comes great responsibility…responsibility to follow all of the various ...
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DWC |

Pension Pontifications | Q1 2019

All of us here at DWC thrive on the really geeky stuff, and some of the best discussions start with our pontifications about how different topics impact our clients and our industry. We decided to ...
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DWC |

Decoding the Alphabet Soup: What's With All the Acronyms? | Part 2

Facts People in the retirement plan business sure do like their acronyms. All these letters get thrown around, and I do not know what half of them mean.
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Adam C. Pozek |

Exactly the Same but Completely Different

At the end of August, I made my first trip to Burning Man, an annual event held in the Black Rock Desert of northern Nevada. With 10 guiding principles, it involves art, music and free-spiritedness. ...
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Adam C. Pozek |

What You Thought You Knew About Revenue Sharing

Ever see the movie Men In Black? One of my favorite lines is when Tommy Lee Jones says to Will Smith, “Fifteen hundred years ago, everybody knew the Earth was the center of the universe. Five hundred ...
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Adam C. Pozek |

Happy MEP-morial Day From The DOL

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 ...
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Adam C. Pozek |

An In-Depth Review of Real Estate in 401(k) Plans | Part 1

“Real estate doesn't interest me. It's no doubt a great flaw in my personality, but I can't think in terms of boundaries. Those imaginary lines are as unreal to me as elves and pixies.” -- Kurt ...
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Adam C. Pozek |

Are You Kidding? The Fall Will Probably Kill You!

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 ...
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Adam C. Pozek |

Werewolves of Pension

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 ...
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Adam C. Pozek |

Reasonableness Requirement Is Not New

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 ...
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Adam C. Pozek |

The Plan Document – More Like Guidelines or Actual Rules?

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 ...
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Adam C. Pozek |

Weighing In on the 3(21) vs. 3(38) Debate

Several weeks ago, I had a lengthy conversation with a prospective client (we’ll call her Alice) and her investment advisor. After the standard dialogue about fees, service guarantees, etc., the ...
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Adam C. Pozek |

In Search of the Elusive Non-ERISA 403(b)

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 ...
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Adam C. Pozek |

Rethinking Participant Direction of 401(k) Investments

As an industry, we have spent a great deal of time over the last 2 years discussing issues like investment advice, default investments and fiduciary responsibility ostensibly for the purpose of ...
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Adam C. Pozek |

Is Cheapest Always Best?

This was the subject of quite a lengthy debate in the 401(k) group on LinkedIn last week. By the end of the day on Friday, there were more than 40 comments. While the discussion took a few twists and ...
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