Compass Articles
Compass Special Edition: Supreme Court Sides with Plaintiffs
A case that has been closely watched by the retirement industry has a long-awaited outcome. Industry …
Vested Interests
Historically, vesting schedules have been a strategic tool for employers to balance the costs of retirement …
What’s the Alternative(s)?
Defined benefit (DB) plans have long benefited from the alpha and broader diversification associated with …
Understanding the Voluntary Fiduciary Correction Program
The Department of Labor (DOL) recently updated its Voluntary Fiduciary Correction Program (VFCP). The updates …
The Compass: Trends in Profit-Sharing and 401(k) Plans
The Plan Sponsor Council of America (PSCA) has just published its 67th annual survey of profit-sharing and 401(k) …
Compass Special Edition: Latest DOL and IRS updates for Retirement Plans
As we kick off the new year, Washington is bustling with activity before the change in administration. The Department …
Delegation, Oversight and Reporting Back to the Board
The Employee Retirement Income Security Act (ERISA) Section 402(a) outlines the essential requirements for the …
Retirement Plan Fee Disclosures
Among the many required disclosures of retirement plans, there are two regarding fees. The Department of Labor …
DOL Updates Cybersecurity Guidance
In September 2024, the Department of Labor (DOL) issued “new” guidance for plan sponsors, plan fiduciaries …
A Fiduciary Focus on Forfeitures
Roughly a year ago, a pair of attorneys located in Pasadena, California launched the first of what would become a series …
Student Loan Matching Programs
SECURE 2.0 Act of 2022 (SECURE 2.0) has dozens of optional provisions. One of those provisions permits employers …
A “New” Litigation Target in Healthcare
Plan sponsors have long been on notice that they have a responsibility to ensure that the services provided to their …
The Demise of Chevron
As of June 28, courts will no longer be required to defer to the judgement of the regulatory agencies in terms of applying …
Forfeiture Accounts
The total plan assets include all dollars in the retirement plan, but as the plan sponsor, do you have a good handle …
Compliance Testing Basics
Retirement plans involve a lot of rules. One set of rules, involving nondiscrimination testing, is meant to ensure …
Special Edition Compass: Final Fiduciary Advice Regulation
As a follow-up to its proposal from October 31, 2023, the Department of Labor (DOL) announced updates to …
Retirement Plan Safe Harbors
Do you ever hear the term “safe harbor” thrown around in a lot of different contexts, but you aren’t sure what …
A Prevailing Plan Fiduciary’s Exhibits A, B and C
Many loosely throw around the term “fiduciary governance.” Just like the similarly broad “financial wellness,” …
Crypto Developments: The More Things Change, The More They Stay The Same?
A couple years ago, people gathered to watch the biggest football game of the season and found themselves…
Considerations for Roth in 2024 and Beyond
The term “Rothification” has been around Capitol Hill for a long time. Given that Congress works in 10-year budget…
SECURE 2.0 for 2024: What you really need to know
SECURE 2.0 was enacted on December 29, 2022, as a part of a larger omnibus spending bill. Building off SECURE Act…
Special Edition: Fiduciary Rule
President Biden and his administration are focused on retirement security, as they announced on Tuesday, October…
Q3 Litigation Landscape
Litigation under the Employee Retirement Income Security Act (“ERISA”) continues at a rapid pace and with…
Long-term Part-time Workers
SECURE 2.0 includes several provisions that are “dressed up” in bigger and better clothes than SECURE Act…
Special Edition: IRS Issues Guidance on Catch-ups
On August 25, 2023, the Internal Revenue Service (IRS) announced an “administrative transition period” in…
Q2 Litigation Lessons
ERISA breach of fiduciary duty litigation in both 401(k) and 403(b) cases continue to persist at a rapid pace…
Form 5500
Running a retirement plan involves a lot of reminders, action items, forms and reports. One of the most important…
Roth Roadblocks
You are probably tired of hearing about SECURE 2.0 by now and for good reason. It passed at the end of 2022…
IRS Issues Post-SECURE 2.0 Guidance on Self-Correction
SECURE 2.0 was enacted on December 29, 2022, and it included 92 provisions impacting retirement plans, plan…
Recent Lessons from ERISA Litigation
ERISA breach of fiduciary litigation in both 401(k) and 403(b) cases persist at a rapid pace, with copycat cases…