On June 30, the U.S. Department of Labor (“DOL”) published final regulations mandating, among other things, increases in certain civil monetary penalties administered by the DOL to enforce Title I of ERISA. These increases will be effective for penalties assessed after August 1, 2016, if associated violations occurred after November 2, 2015. Penalty increases […]
As the U.S. Department of Labor (“DOL”) continues its enforcement activity, here is a list of several of its ERISA cases that were recently decided: Perez v. Rose (U.S. Bankruptcy Court for the Eastern District of Michigan): The defendant, a plan fiduciary to a 401(k) plan, a health plan, and a dental plan, failed to […]
On April 6, the U.S. Department of Labor (“DOL”) published final rules regarding the definition of “fiduciary” under section 3(21) of the Employee Retirement Income Security Act of 1974 (“ERISA”) and under the Internal Revenue Code’s prohibited transaction provisions. This new guidance, which replaces the DOL’s 2010 and 2015 proposals, addresses circumstances under which someone […]