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Update: Ninth Circuit Dismisses Intel’s 401(k) Lawsuit Over Private Equity Investments
Following up on our prior post on private equity investments in 401(k) plans, the Ninth Circuit Court of Appeals has now dismissed a six-year-long lawsuit brought by Intel employees against the company. The lawsuit centered on Intel’s inclusion of private equity and hedge funds in its 401(k) defined contribution plans, alleged that offering these investment options violated fiduciary duties under the Employee Retirement Income Security Act (ERISA).
Jul 171 min read


The Times, They Are A Changin’ – New Administration, New Rules, And More to Come
In the five months since the Trump Administration took the reins in Washington, DC, we have seen a flurry of changes affecting employee benefit plans: both retirement plans and health and welfare plans. In this post, we focus on a few of the recent retirement plan changes relating to plan investments.
Jun 273 min read


Is Joining A MEP or PEP The Right Plan Move?
The SECURE Act of 2019 brought significant changes to multiple employer plans (MEPs) and introduced pooled employer plans (PEPs). These reti
Sep 26, 20248 min read


Recent Developments in 401(k) Forfeiture Cases: Key Updates for Plan Sponsors
We have two significant updates in the arena of 401(k) forfeiture cases that could have far-reaching implications for employers and plan spo
May 30, 20242 min read


Mastering Year-End Preparations: Lessons from a Year of Insightful Webinars
This past year, Boutwell Fay hosted a series of webinars focusing specifically on SECURE 2.0 issues. We covered key topics that are...
Dec 7, 20232 min read


Forfeitures Again? Why You Really Do Need to Take a Second Look at Forfeiture Compliance Now
As described in our post earlier this year, the Department of the Treasury issued proposed regulations on the use of forfeitures by...
Oct 27, 20234 min read


The IRS Issues a Reprieve: Roth Catch-up Contributions Deadline Delayed After 2025
In response to appeals from a broad swath of the retirement plan community, on August 25, 2023, the IRS issued Notice 2023-62, which...
Aug 31, 20232 min read


SECURE 2.0 Matching Contributions on Student Loan Repayments
Katrina Veldkamp's recent article for Bloomberg Law addresses the new provisions introduced by SECURE 2.0 for matching contributions for...
Aug 24, 20231 min read


The Latest on MEPs, PEPs & DCGs (formerly GoPs)
Get updated on the latest developments in the rapidly changing world of Multiple Employer Plans (MEPs), Pooled Employer Plans (PEPs), and...
Jul 25, 20231 min read


New Rules for Form 5500
The Department of Labor has issued new rules detailing a number of changes to Form 5500 and Form 5500-SF reporting, starting for plan...
Apr 28, 20232 min read


Lost in Translation: Applying the New EPCRS Rules under Secure 2.0
In a tight labor market, a 401(k) plan (or other tax-favored retirement plan such as a 403(b) plan) is not really viewed as optional for...
Apr 13, 20234 min read


Expanded Coverage For Part-Time Employees Under Secure 2.0
The SECURE 2.0 Act was signed into law in December 2022, and it expands the requirement to cover long-term part-time (LTPT) workers in...
Mar 28, 20234 min read


Secure 2.0 – Treating Student Loans as Elective Deferrals
SECURE 2.0 was signed into law in December 2022 as part of the Consolidated Appropriations Act of 2023. Effective for plan years...
Mar 16, 20232 min read


SECURE 2.0 PERMITS SELF-CERTIFICATION OF HARDSHIP DISTRIBUTION CONDITIONS
The SECURE 2.0 Act (enacted in late December 2022) makes a welcome change to the administration of 401(k), 403(b), and 457(b) plans by...
Feb 16, 20231 min read


A Valentine’s Day “KISS” for Small Retirement Plans:
Keeping it Simple under the Secure Act 2.0 for IRAs, SEPs & SIMPLE Plans Among the sweeping retirement plan changes in the new Secure 2.0...
Feb 9, 20231 min read


Sherrie Boutwell to present at the WP&BC 2023 Annual Legislative & Regulatory Update
Join Boutwell Fay's Sherrie Boutwell as she presents with JP Morgan's Dan Notto next week on Wednesday, January 25th from 3:30 PM - 7:00...
Jan 18, 20231 min read


DOL Weighs In On Permitting 401(k) Plans Investing In Cryptocurrencies
The DOL has issued a release that outlines where they stand on the subject of 401(k) plans investing in Cryptocurrencies.
May 13, 20222 min read
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