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Search the News Archive

51 Matching News Items

1.  Stradley Ronon in Employee Benefit Plan Review Link to more items from this source
Nov. 7, 2025
"The Setting Every Community Up for Retirement Enhancement (SECURE) Act of 2019 introduced a more robust optional statutory safe harbor for a fiduciary's selection of certain lifetime income options for defined contribution plans.... As plan fiduciaries continue to become more comfortable with the SECURE Act safe harbor, it is likely that new guaranteed retirement income products will continue to emerge."
2.  Stradley Ronon in Employee Benefit Plan Review Link to more items from this source
Jan. 29, 2025
"[N]on-qualified deferred compensation plans can be expensive for employers to maintain. There are ways to reduce costs associated with maintaining and offering such a plan, such as limiting or eliminating notional investment options or rates of return under the plan, 'freezing' the plan to new participants and/or future deferrals, or terminating the plan entirely"
3.  Stradley Ronon in Employee Benefit Plan Review Link to more items from this source
Sept. 23, 2024
"[W]hile it is a company (i.e., settlor) decision to transfer plan liabilities to a third-party insurer, the implementation of such decision and the selection of an annuity provider are fiduciary decisions, which raise significant fiduciary considerations.... Fiduciaries should evaluate a potential annuity provider's creditworthiness, risk of bankruptcy or default and ability to pay claims.... Fiduciaries should also evaluate the features of the annuity contract, such as surrender charges[.]"
4.  Stradley Ronon Link to more items from this source
Sept. 9, 2024
"The SEC's enforcement of Reg BI appears to be a permanent addition to both its enforcement and examination programs. While the agency's early enforcement matters focused on technical violations of the regulation, its current priorities are more centered on substantive violations regarding specific products, conflicts of interest and compliance programs."
5.  Stradley Ronon Link to more items from this source
July 24, 2024
"The Fifth Circuit did not determine whether the ESG rule was properly promulgated, and hence the rule remains in effect.... The U.S. District Court for the Northern District of Texas will reconsider the case without any deference to the DOL's analysis. The decision will be based upon the plain language of ERISA, and both sides have recently argued before the Fifth Circuit that such language supports their respective positions." [Utah v. Su, No. 23-11097 (5th Cir. Jul. 18, 2024)]
6.  Stradley Ronon Link to more items from this source
June 16, 2024
"While Connelly held that a stock redemption obligation is not a liability that offsets life insurance proceeds in an estate tax analysis, careful planning and the use of alternative buy-sell arrangements (e.g., cross-purchase agreements or life insurance LLCs) may significantly reduce estate tax exposure." [Connelly v. IRS, No. 23-146 (S. Ct. Jun. 6, 2024)]
7.  Stradley Ronon Link to more items from this source
May 23, 2024
"[T]he three most significant [trends] include personalization, in-plan retirement income or guaranteed retirement income, and multiple employer plans or 'group plans.' It is becoming increasingly important to be able to deliver more personalized advice to an individual based on their situation and include outside factors not incorporated by a target date fund."
8.  Stradley Ronon in Employee Benefit Plan Review Link to more items from this source
May 7, 2024
"For private companies, ESPPs may pose unique challenges under securities laws. Although Rule 701 of the Securities Act of 1933 provides a registration exemption for compensation plans of private or non-reporting companies, blue sky laws vary among states regarding the requirements that a private company must meet in order to offer its securities to an employee."
9.  Stradley Ronon in Employee Benefit Plan Review Link to more items from this source
Nov. 9, 2023
"[F]iduciaries must prudently and loyally select and monitor any brokerage window providers that they choose to make available through the plan. This includes evaluating things such as services, fees and conflicts of interest."
10.  Stradley Ronon in Employee Benefit Plan Review Link to more items from this source
Sept. 25, 2023
"[It] is important to clearly delineate and separate fiduciary committees (and their related actions and responsibilities) and non-fiduciary/ settlor committees (and their related actions and responsibilities) and to properly authorize and document these committees.... [C]ommittees, once established, should follow scheduled procedures and regularly be subject to review and revision to ensure continued compliance with both established procedures and newly implemented procedures."
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