Publications

The Final Frontier: Adding a Retirement Tier

R. BRADFORD HUSS, CRAIG P. HOFFMAN, CATHERINE L. REAGAN, November, 2019  401(k) plans have been with us for almost 40 years. Over that time, the focus for most plans has been on helping participants accumulate savings that will be consumed in retirement. With the decline in defined benefit plans, 401(k) plans are providing a large […]

U.S. Supreme Court Considering Three ERISA Cases in October Term 2019

JOSEPH C. FAUCHER and BRIAN D. MURRAY, November, 2019 The Employee Retirement Income Security Act of 1974 (ERISA) has generated numerous U.S. Supreme Court decisions since its enactment, and this year’s term is no exception. The Court is currently considering three ERISA cases involving a range of significant issues. First, in Retirement Plans Committee of […]

2020 Pension Plan Limitation Highlights

Shannon Oliver, November, 2019 On November 6, 2019, the Internal Revenue Service issued Notice 2019-59, containing the cost-of-living adjustments related to retirement plan limitations under the Internal Revenue Code (the “Code”). These changes will take effect on January 1, 2020. Below are some of the highlights. Limitations That Have Increased The limitation on the annual […]

DOL Proposes New E-Disclosure Regulations

CRAIG P. HOFFMAN, October, 2019    Background On October 23, 2019, the Department of Labor (DOL) published proposed regulations that provide for a new e-disclosure safe harbor for distribution of participant notices required under ERISA. This regulatory project is in response to President Trump’s Executive Order on Strengthening Retirement Security, issued in August of last […]

Ninth Circuit Upholds 401(k) Plan’s Provision That Compels Arbitration and Prohibits Class or Collective Action

CLARISSA A. KANG, September, 2019  Last month, the Ninth Circuit held in favor of retirement plan fiduciaries to require arbitration of a participant’s claims for breach of fiduciary duty on an individual basis, rather than on a class action basis. Dorman v. Charles Schwab Corp., — F.3d –, 2019 WL 3926990 (9th Cir. 2019). In […]

Individual Coverage HRAs: Practicalities and Potential Pitfalls for Employers (Part One)

SARAH KANTER, September, 2019 This article is part one of a two-part article examining many of the issues that employers and other plan sponsors may want to consider when deciding whether to offer employees an Individual Coverage Health Reimbursement Arrangement (ICHRA), which was created by final regulations (the “final regulations”) released on June 13, 2019 […]