Publications

Health and Welfare Plans — Guidance for Employers Navigating Challenges of the COVID-19 Pandemic

MARY E. POWELL and LINDSAY R. DOCTO, March, 2020    Due to the urgent crisis the United States is facing because of the COVID-19 pandemic, the President has declared a national emergency, as well as declaring major disasters in California, Washington, New York, Iowa, Louisi­ana, Texas and Florida. Federal and state governments have passed legislation and […]

The 2020 Must-Do List for Qualified Retirement Plans

CRAIG P. HOFFMAN and KEVIN E. NOLT, February, 2020    Qualified retirement plans are subject to a number of administrative changes, document requirements and other deadlines effective with or during the 2020 calendar/plan year, especially in light of the Setting Every Community Up for Retirement Enhancement Act of 2019 (SECURE). The following article summarizes these changes […]

The Latest in Stable Value Fund Litigation

JOSEPH C. FAUCHER and BRIAN D. MURRAY, February, 2020    401(k) plan sponsors routinely offer stable value funds as conservative investment alternatives for their participants. Insurance companies that manage stable value funds invest in fixed income instruments, such as short- and intermediate-term government and corporate bonds and mortgage-backed securities. The funds are insured, so investors […]

Groundhog Results Are In: An Early Spring Means It’s Time for Health and Welfare Spring Cleaning!

GISUE MEHDI and CATHERINE L. REAGAN, February, 2020    1. Thought You Were in the Clear? CA’s Individual Mandate Replaces the ACA Individual Mandate for CA Taxpayers Although the federal government effectively removed the individual mandate under the Affordable Care Act by setting the penalty to zero (effective January 1, 2019 under the Tax Cuts […]

Supreme Court Gives Plaintiffs Cover to Beat ERISA’s 3-Year Statute of Limitations

CLARISSA A. KANG and DYLAN D. RUDOLPH, February, 2020    On February 26, 2020, the Supreme Court settled a split among federal circuit courts of appeal regarding what it means to have actual knowledge of an alleged breach of fiduciary duty sufficient to begin the running of a three-year period to file suit on the […]

Supreme Court Remands Outlier Stock Drop Decision

JOSEPH C. FAUCHER and DYLAN D. RUDOLPH, January 27, 2020    For many years, courts have wrestled with the standards that apply to a fiduciary’s decision to offer stock of the sponsor company as an investment option in the company’s 401(k) plan. The struggle arose from two arguably contradictory provisions in ERISA. One provision encouraged […]