On August 14, 2019, the IRS published Revenue Ruling 2019-19 (the “Ruling”). Under the Ruling’s hypothetical facts, an employer sponsors a tax-qualified retirement plan that does not include a Roth contribution feature. A distribution of $900.00 is required to be made from the plan to Individual A in 2019. Individual A’s entire account consists of […]

Given the continuing wave of ERISA litigation, this article has become a mainstay of The Speed Reader. A sample of cases that were recently decided or filed is provided below. Bergamatto v. Board of Trustees of the NYSA- ILA Pension Fund (decided on August 6, 2019 by the U.S. Court of Appeals for the Third […]

On October 2, 2019, I will present at the 2019 COSHRM State Conference in Keystone, Colorado. The conference will be held from October 2 to October 4, and numerous speakers’ presentations will cover a wide array of workplace topics. In my presentation, which is titled “The Current State of ERISA Litigation,” I will discuss a […]

Since last month’s edition of The Speed Reader, the U.S. Department of Labor (“DOL”) published two pieces of guidance that affect multiple employer retirement plans (“MEPs”).  Final RegulationThe DOL published a final regulation on July 31 that, in the DOL’s words, “expands access to affordable quality retirement saving options by clarifying the circumstances under which an […]

Given the continuing wave of ERISA litigation, this article has become a mainstay of The Speed Reader. Cases that were recently settled, decided, or for which courts issued procedural rulings, are outlined below. Please note, however, that this list is not exhaustive. Velazquez v. Massachusetts Financial Services Company (settlement agreement submitted on June 14, 2019 […]

Given the continuing wave of ERISA litigation, this article has become a mainstay of The Speed Reader. Cases that were recently filed or decided, or for which courts issued procedural rulings, are outlined below. Please note, however, that this list is not exhaustive. Torres v. Greystar Management Services, L.P. (filed on May 13, 2019 in […]

On May 22, the IRS and DOL published their respective regulatory agendas for spring of 2019. Pending IRS guidance related to employee benefit plans includes the following areas (although inquisitive folks may wish to review other areas included on the IRS’s list for pure entertainment value, such as the “Proposal to Allow for the Use […]

Since 1991, the IRS has had formal correction programs in place for various retirement plan compliance issues. Current programs under that Employee Plans Compliance Resolution System (“EPCRS”) consist of the following: Self-Correction Program (“SCP”):  This program can be used to correct a wide array of compliance issues, without having to apply to the IRS for […]

Given the continuing wave of ERISA litigation, this article has become a mainstay of The Speed Reader. Cases that were recently settled, or for which courts issued procedural rulings, are outlined below. Please note, however, that this list is not exhaustive. Cassell v. Vanderbilt University (settlement agreement submitted to the U.S. District Court for the […]

IAnyone who is remotely familiar with employee benefits is aware of the fact that changes frequently occur to governing laws, regulations, and other guidance. One challenge for employers in this area is keeping their plan documents current, so they include all applicable changes’ provisions. Thus, retirement plan sponsors must carefully monitor changes that necessitate plan […]