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Benefits & ERISA Law

Benefits Biz Blog

Focuses on developments in the world of employee benefits.
By Nick Curabba et al.

Post Frequency: 0.2/day

Last Entry: November 11, 2008 at 22:33:32

House Set to Pass Taxpayer Assistance Bill with Benefits-Related Provisions

Posted on April 15, 2008
House Set to Pass Taxpayer Assistance Bill with Benefits-Related Provisions Written by: Nick Curabba The House of Representatives today has scheduled a vote on the Taxpayer Assistance and Simplification Act of 2008 (HR 5719)...

DOL Weighs in on Fee Disclosure

Posted on April 11, 2008
DOL Weighs in on Fee Disclosure Written by: Nick Curabba With all the recent attention to fee disclosure regulations and legislation, it may have been tempting to forget about all those law suits currently pending against plan...

Distributing 403(b) Annuities, Part II

Posted on April 04, 2008
Distributing 403(b) Annuities, Part II: The 403(b) Plan Distributed Annuity Written by: Bob Toth As we had noted in a previous blog on this issue, the new 403(b) regulations permit the distribution of a "fully paid individual...

NAIC Weighs in on MetLife v Glenn

Posted on April 02, 2008
NAIC Weighs in on MetLife v Glenn Written by: Nick Curabba Hat Tip to Roy Harmon at the Health Law Blog for this interesting development in the MetLife v. Glenn case (about which we have blogged already). It appears...

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ERISA and Mom

Posted on March 28, 2008
ERISA and Mom Written by: Bob Toth ERISA wonks such as ourselves tend to get lost in the press of details which seem to flow non-stop from our regulators and legislators in D.C. It is sometimes helpful...

Supreme Court Turns Back AARP

Posted on March 25, 2008
Supreme Court Turns Back AARP Written by: Nick Curabba It looks like SCOTUS knows how to turn down an ERISA case, after all. In a term that has seen the High Court hand down a...

Studies Support DC DB-ification

Posted on March 21, 2008
Studies Support DC DB-ification Written by: Nick Curabba The very good and frequently updated Retirement Plan Blog by Jerry Kalish at National Benefits Service last week reminded us again that the world as we know it is...

'Distributing' 403(b) Annuities

Posted on March 18, 2008
'Distributing' 403(b) Annuities New 403(b) Regulations Raise More Questions Than Answers Written by: Bob Toth The IRS's decision to permit the termination of 403(b) plans, and the distribution of its assets, raises a new issue which vendors,...

IRS Agents Reprimanded

Posted on March 14, 2008
IRS Agents Reprimanded Written by Nick Curabba Practitioners have been grumbling for some time about the often quirky way in which the Internal Revenue Service administers its determination letter program, but it?s not often that the Service...

House Committee Set to Act on PPA Technical Corrections

Posted on March 12, 2008
House Committee Set to Act on PPA Technical Corrections Written by Nick Curabba As reported in BNA Pension & Benefits Daily (subscription required) this morning, the House Ways and Means Committee is scheduled to report out the Pension Protection...

Securities Laws and 403(b) Plans

Posted on March 10, 2008
Securities Laws and 403(b) Plans: Prospectus Delivery, Free Transferability, Rule 22c-2, and Other Things That Go Bump In The Night Written by: Bob Toth One of the most striking differences between 403(b) plans and 401(k) plans is...

Read 'Em and Weep List

Posted on March 07, 2008
Read 'Em and Weep List Final Schedule C Includes Extensive New Codes Written by: Nick Curabba In addition to more fulsome disclosure of revenue sharing and other types of indirect fees that plan service providers charge, the final...

Just in Time?

Posted on March 05, 2008
Just in Time? Posted by: Nick Curabba As Phil Gutwein mentioned on this blog earlier, the Supreme Court is to set to hear oral arguments on MetLife v. Glenn, which involves the appropriate standard of review of...

Bloggers React to LaRue

Posted on March 03, 2008
Bloggers React to LaRue Written by: Nick Curabba There has been a deluge of LaRue coverage in the blogosphere since the Supreme Court handed down its unanimous decision last month. Much of the commentary (including ours) predicts the...

A Potentially Dangerous 'Safe Harbor'

Posted on February 29, 2008
A Potentially Dangerous 'Safe Harbor' Written by: Nick Curabba and Bob Toth Participant contributions to small employee benefit plans will not be considered "plan assets" before being placed in the plan if they are deposited within seven business...

DOL 'Preempts' Congress

Posted on February 25, 2008
DOL 'Preempts' Congress Written by: Nick Curabba The Department of Labor last week posted on its website Advisory Opinion 2008-02A expressing its opinion that, at least when it comes to ERISA preemption, Congress is?well?kind of irrelevant...

The 'Changing Landscape' of ERISA Litigation

Posted on February 23, 2008
The 'Changing Landscape' of ERISA Litigation Written by: Nick Curabba February 20, 2008 -- A unanimous Supreme Court today ruled that an individual 401(k) plan participant can sue under ERISA to recover losses to his account allegedly caused...

What's Old is New Again: 'Harris Trust' Makes a Comeback

Posted on February 22, 2008
What's Old is New Again: 'Harris Trust' Makes a Comeback Written by Bob Toth Yes, Virginia, there is a Harris Trust (with apologies to Francis Church). No, my friends, Harris Trust has never really gone away. But it...

Alarming Question: MetLife v. Glenn

Posted on February 21, 2008
Alarming Question: MetLife v. Glenn Written by: Philip J. Gutwein II In the wake of yesterday's landmark decision in LaRue, it may be tempting to think that the Supreme Court will leave ERISA alone for the rest of the term. No such...

Sovereign Immunity for School Districts 403(b) Fiduciary Choices?

Posted on February 19, 2008
Sovereign Immunity for School Districts 403(b) Fiduciary Choices? Written by: Bob Toth Many professionals have been advising certain governmental employers for a while that just because ERISA doesn't apply to their 403(b) plans, state trust and fiduciary laws...

Annuity Framing Matters

Posted on February 14, 2008
Annuity Framing Matters Written by: Nick Curabba Here is an interesting post from Tim Burnes, blogger at Fiduciary Investor, about the virtues of deferred retirement annuities. Also known in some circles as "longevity insurance," these are annuity products designed to guard against...

FMLA: One Way to Define a Service Member's 'Qualifying Exigency'

Posted on February 13, 2008
FMLA: One Way to Define a Service Member's 'Qualifying Exigency' Written by: Bob Kistler The recent extension of the Family and Medical Leave Act permits certain relatives and the spouses of active duty service members to take unpaid...

Privacy and the New 403(b) Rules

Posted on February 11, 2008
Privacy and the New 403(b) Rules Written by: Bob Toth For all the talk of consolidated plan administration in the 403(b) world in the wake of the IRS's new regulations, there's a real monster lurking in the bushes...

Cycle C Applications: Will the Service 'Accept or Reject'?

Posted on February 07, 2008
Cycle C Applications: Will the Service 'Accept or Reject'? Thanks to the PPA Blog for this good catch: Looks like the IRS will require some additional documentation for the next round of determination letter applications. In addition to the standard...

Those Proposed Fee Disclosure Regs?.

Posted on February 06, 2008
Those Proposed Fee Disclosure Regs?. Written by: Bob Toth, Nick Curabba What better topic to kick off a benefits blog than the issue of the day: fee disclosure? The recently proposed � 408(b)(2) regulations are sure to generate...

Welcome

Posted on February 05, 2008
Welcome to our new blog! The Benefits and Executive Compensation Group at Baker & Daniels is pleased to start this new forum for topical employee benefits issues. In addition to discussions of how benefit law developments affect plan sponsors and...

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