Understanding Employee Benefits


Posts from Sam Butler

DOL Provides its view on Private Equity Investment Exposure in Defined Contribution Plans

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In a new information letter, the U.S. Department of Labor (DOL) concludes offering professionally managed asset allocation funds, which include a private equity component as an investment option in an individual account plan (e.g., a 401(k) plan), is not a per se violation of ERISA. Plan fiduciaries commonly invest defined... Read More

Topics: Fiduciary Guidance, Retirement Plans

IRS Answers Some FAQs on Coronavirus-Related Distributions and Loans

On May 4, 2020, the IRS provided guidance on coronavirus-related distributions (“CRDs”) and coronavirus-related loans and loan payment delays (“CR Loan Provisions”) in the form of FAQs.  In those FAQs, the IRS answered a few of the questions that many practitioners, administrators, and employers have been asking: Does a spouse’s... Read More

Topics: Retirement Plans

Eighth Circuit Decisions Reminds Employers of Importance of Granting ERISA Plan Administrators Discretion to Interpret Plan Terms

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Recently, the United States Court of Appeals for the Eighth Circuit released an opinion which highlights the importance of ensuring ERISA plan documents grant plan administrators the discretion to construe and interpret the terms of the plan. In Hall v. Metro. Life Ins. Co., the Appeals Court dealt with a... Read More

Topics: ERISA and Other Benefits Litigation

Despite upholding a $13.4 million judgment against plan fiduciaries, the Eighth Circuit gives plan sponsors a lot to like in Tussey decision.

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On March 19, 2014, a three judge panel of the United States Court of Appeals for the Eighth Circuit issued its decision in Tussey v. ABB, Inc., No. 12-2056 (8th Cir. Mar. 19, 2014).  The case came to the Eighth Circuit on an appeal of a decision by the United... Read More

Topics: ERISA and Other Benefits Litigation, Fiduciary Guidance, Retirement Plans

New Internal Revenue Service Regulation Clarify when Property is Subject to a Substantial Risk of Forfeiture

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On February 26, 2014, the Internal Revenue Service published a final regulation clarifying the meaning of “substantial risk of forfeiture” under section 83 of the Internal Revenue Code.  The new guidance will help taxpayers who receive property, other than money, in exchange for services determine when they must recognize the... Read More

Topics: Deferred Compensation and 409A