Publications

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 […]

Washington Update — the DOL Regulatory Agenda

CRAIG P. HOFFMAN Reproduced from the NIPA (National Institute of Pension Administrators) publication Strictly Business for TPA Business Owners The Department of Labor’s recent regulation regarding association retirement plans could significantly affect retirement plan policy for many years to come. However, the most recent guidance plan filed by the Department of Labor (Department or DOL) […]

Two Interesting New Rules Regarding Prescription Drugs — What is Really Going On?

MARY E. POWELL, September, 2019    In the last few months, the Internal Revenue Service (IRS) and the U.S. Department of Health and Human Services (HHS) have issued rules that impact the cost that group health plans (GHPs) can charge participants for certain prescription drugs. This article explains those rules and also takes a critical […]

SECURE Retirement Legislation on Hold in the Senate

CRAIG P. HOFFMAN, August, 2019    Congress will soon be returning to Washington from its summer recess. The question for those interested in retirement policy is whether pension reform will finally move forward this year. The answer will depend on whether several key senators agree to lift the “holds” they have placed on the legislation. […]

Defined Benefit Plan Actuarial Equivalence Litigation — A Formidable Threat or An Unfounded Theory?

ANGEL L. GARRETT and BRYAN J. CARD, August, 2019    A new wave of putative class-action lawsuits filed under the Employee Retirement Income Security Act of 1974 (ERISA) has emerged onto the scene alleging that companies are using outdated mortality tables from the 1970s and 1980s in calculating alternative forms of benefits under defined benefit […]