Current Events

The fiduciary duty to monitor

August 11, 2015

The scope and substance of a fiduciary's duty to monitor those persons it appoints to carry out plan-related functions is becoming an issue in several contexts. The law on the duty to monitor is, currently, abstract – we know some basic principles, but how they apply to specific issues is, as yet, not very well articulated. In this article we review those basics, identify some key duty-to-monitor issues for sponsors and some monitoring strategies that sponsors may consider. Read More

The DOL fiduciary proposal: investment education vs. advice

August 10, 2015

The Department of Labor's proposed regulation re-defining who is an ERISA ‘fiduciary’ would, among other things, supersede current rules on investment education. Communications that are advice may trigger fiduciary status; communications that are education generally do not. In this article we provide background on the education vs. advice distinction and on the current rules. We then review the DOL proposal and conclude with a discussion of the issues it presents for sponsors. Read More

Washington Update – July 2015

July 30, 2015

In this Current Outlook we review legislation introduced that would ease the rules on electronic disclosure. We also briefly discuss the effect of the Supreme Court's decision in Obergefell (the same-sex marriage case) on retirement plans and its decision not to review the Fourth Circuit's decision in Tatum v. R. J. Reynolds Tobacco Company. Read More

Supreme Court ruling on Tibble

July 27, 2015

Recently, the Supreme Court handed down its unanimous decision in Tibble v. Edison International, a defined contribution plan fee case. The Court vacated the Ninth Circuit's decision, which had been in favor of sponsor fiduciaries, and remanded the case back to the Ninth Circuit for further proceedings. The case involves the application of ERISA's statute of limitations and the duty of sponsor fiduciaries to monitor the prudence of their plan fund menu decisions on an ongoing basis. In this article we briefly review the decision. Read More

IRS bans lump sums to already retired pension participants

July 24, 2015

On July 9, 2015, IRS released Notice 2015-49, Use of Lump Sum Payments to Replace Lifetime Income Being Received By Retirees Under Defined Benefit Pension Plans. The Notice effectively prohibits, as of July 9, 2015, the payment of lump sums to retiree-annuity recipients in de-risking transactions. In this article we review the Notice. Read More

121-125 of 278<  ...  20  21  22  23  24  25  26  27  28  29  ...  >
Share this with your Colleagues:

Latest News:

  • November 2017 Pension Finance Update - Read More
  • Current outlook – November 2017 - Read More
  • Latest SOA analysis shows year-over-year increase in mortality - Read More
  • October 2017 Pension Finance Update - Read More
  • Current pension outlook – October 2017 - Read More
  • Cash Balance Plan Design - Read More
  • ReDefined Benefit Plan™ - Read More