Benefits Notes |

Employee benefits are an important part of every employees' total compensation package. The continuously evolving landscape in the areas of health care reform, retirement plan design, and executive compensation makes it difficult for employee benefits professionals to keep up with relevant developments. The employee benefits attorneys at Stinson Leonard Street provide human resources professionals, plan fiduciaries, actuaries, accountants, and others in the industry with practical and cost-effective assistance as they navigate through the complex laws, regulations and guidance that govern employee benefits plans. This blog highlights key developments in the employee benefits field and items of interest to our clients. Our Bloggers →

Latest Fiduciary Guidance Posts

Department of Labor Withdraws Controversial Guidance On Self-Directed Brokerage Accounts in 401(k) Plans

By Jeffrey Cairns | August 6, 2012

ERISA and Other Benefits Litigation, Fiduciary Guidance, Retirement Plans On May 7, 2012 the Department of Labor issued a set of questions and answers via Field Assistance Bulletin FAB No. 2012-02 (http://www.dol.gov/ebsa/regs/fab2012-2.html) concerning the new fiduciary fee disclosures in Labor Regulations §2550.408(b)-2 and participant fee disclosure requirements outlined in Labor...

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DOL Publishes Submission Procedures for Employers to Report Delinquent Service Providers

By Angela Bohmann | July 31, 2012

Fiduciary Guidance, Retirement Plans As we have blogged before (here and here), certain service providers to qualified plans are required to provide plan administrators with fee disclosures. The initial disclosures were due July 1, 2012. The Department of Labor has now published a new mailing address and web based procedures for employers and plan...

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Labor Issues Q&As on Required Fee Disclosures to Participants

By Jeffrey Cairns | May 9, 2012

Fiduciary Guidance, Retirement Plans             Once the ERISA Section 408(b)(2) fee disclosures are made from covered service providers to plan fiduciaries, plan fiduciaries are required to relay fee information relating to designated investment alternatives to plan participants.  The Department of Labor issued final regulations in 2010...

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408(b) (2) Disclosures – That Wasn’t So Bad Was It?

By Jeffrey Cairns | April 24, 2012

Fiduciary Guidance, Health Plan, Welfare Plans Last week I received copies of the first new fiduciary fee disclosures required by final Department of Labor Regulations under ERISA Section 408(b) (2).  Fee disclosures were received from Fidelity Investments and Prudential Financial, providers to two client retirement plans.  The details of the required...

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After 20 Years the IRS Issues COBRA Examination Guidelines

Fiduciary Guidance, Retirement Plans             In 1993, the IRS assembled a task force to develop guidelines for field agents to conduct COBRA examinations and compliance checks.  However, these guidelines were not released to the general public.  More recently, the IRS updated those guidelines to reflect certain changes in the laws that...

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Are your 401(k) participant plan loans in compliance with the tax and ERISA rules?

By Jeffrey Cairns | April 9, 2012

Fiduciary Guidance, Form 5500s, Retirement Plans   According to the Tax Exempt and Government Entities Division of the Internal Revenue Service (IRS), one out of every four (25%) of 401(k) plans surveyed in a recent study had engaged in prohibited transactions as a result of non-compliant participant plan loans and/or real estate investments that were not...

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