401k/Retirement

Many 401(k) plans allow participants to invest in a number of funds, including a “stable value” fund.

A recent court case, involving Maersk’s 401(k) plan, just decided last week, focused on their stable value fund.

On July 15, 2026, the U.S. District Court for the District of Massachusetts largely dismissed a proposed class action against…

Under SECURE 2.0, for plan years beginning after December 31, 2025, employer-sponsored retirement must provide a minimum number of statements on paper (for defined contribution plans at least 1 annually and for defined benefit plans at least once every 3 years).

On May 12, 2026, the Department of Labor (DOL) issued guidance stating that, because…

ATTENTION NEW YORK EMPLOYERS: New York’s Secure Choice Retirement Savings Program Now Live

On October 8, 2025, New York State announced that the New York’s Secure Choice Savings Program (Program) is officially underway.

The Program requires covered employers to either offer a retirement plan or join a new state-sponsored retirement savings program.

New York now…

Employers that sponsor 401k, 403(b) and other retirement plans must comply with federal legislation known as SECURE Act 2.0…..

SECURE includes many optional provisions, which can be adopted at the employer’s discretion.

Perhaps the most popular optional change:

An increase in the mandatory distribution threshold for terminated participants from $5,000 to $7,000, effective January 1…

The IRS and Department of Labor have complex rules relating to when employers need to be combined for certain purposes, including pension, 401k, health and welfare and certain tax credit purposes, like the Employee Retention Tax Credit.

Unfortunately, the critical controlled group rules were last updated many years ago, leaving open questions when it comes…

Good news for 401k plan savers!

The IRS recently released its cost-of-living adjustments for tax-qualified retirement plans (e.g., 401(k) plans), in IRS Notice 2023-75.

  • The limit on employee contributions to a 401(k) plan increases from $22,500 to $23,000 (catch-up contributions remain the same at $7,500).
  • The compensation threshold for determining highly compensated employees increases from

…

As retirement plan fiduciaries may recall, in late 2022 the Department of Labor (DOL) released new final rules regarding environmental, social and governance factors (ESG) in investment decisions.

While most requirements are already effective, new proxy voting requirements take effect on December 1, 2023.

Plan fiduciaries should take particular note of the new requirements, including…

Last week at the American Bar Association’s (ABA’s) virtual, multi-day 2023 fall tax meeting, US Treasury Department attorney-advisors confirmed that the IRS is prioritizing “grab bag” SECURE 2.0 guidance as year-end nears.

Expected provisions to be addressed include cash incentives for participating in employer-sponsored plans; and employer tax credits for new plans.

A Treasury representative…

Employers and plan sponsors recently received some good news relating to 401k-plan litigation:

Matney v. Barrick Gold, No. 22-4045, 2023 (10th Cir. Sept. 6, 2023), Microsoft Word – 22-4045.docx

Briefly, the court upheld the employer’s defeat of a proposed class action. Importantly, the court found that plan participants claiming excessive investment management or recordkeeping fees…

As hurricane season and natural disasters ramp up, the IRS continues to roll out tax relief for affected victims and to confirm disaster relief available to retirement plan participants. Employers and plan administrators – particularly those with employees in areas impacted by recent hurricanes and wildfires – should continue to monitor FEMA disaster declarations and…