Legal News

When I started my law practice, I started to look at what the competition was doing and I decided to do things differently. Other ERISA attorneys charge by the hour, they charge for every phone call, and I just didn’t want to nickel and dime clients...By: Ary Rosenbaum

As they once said in This is Spinal Tap, there is a fine line between stupid and clever. I can assure you that Michael McKeon who played David St. Hubbins in the movie and co-wrote it, was not in plan administration. Based on what I’ve seen when it...By: Ary Rosenbaum

ERISA requires disclosure of certain plan documents to participants including a summary plan description, statements, and notices. The problem is what do you do with people who aren’t participants such as potential employees?...By: Ary Rosenbaum

Advisors ask me all the time of the role of education in participant-directed 401(k) plans. Participant directed 401(k) plans that are governed under ERISA §404(c) offer the plan sponsors liability protection based on a participant’s gains or losses...By: Ary Rosenbaum

As a 401(k) plan sponsor, you need to know that plan errors happen all the time. A 401(k) plan has so many moving parts, so that means something might break. The problem here is that while things can happen without control, you can control some...By: Ary Rosenbaum

Every year in the retirement plan business brings its challenges and its concerns. As a 401(k) plan sponsor, you need to understand what some of the concerns are because you’re a plan fiduciary. If you’re prepared for some of the challenges and focus...By: Ary Rosenbaum

One of the biggest problems for my clients after they hire me is that they realize that they never bothered to review the plan provider contracts that they signed long ago. There might be surrender charges or termination fees that they never...By: Ary Rosenbaum

I use the expression “garbage in, garbage out” if an end of year census report is done incorrectly and the third party administrator (TPA) doesn’t pick up the error....By: Ary Rosenbaum

I once had a law school professor who joked that we change the bankruptcy laws to give business to bankruptcy attorneys. So I joke often that the laws concerning retirement plans changes to give ERISA attorneys like me something to do. The SECURE Act...By: Ary Rosenbaum

As I always say, being a mutual fund company with proprietary funds in their 401(k) plan makes them a target....By: Ary Rosenbaum