Category Archives: ERISA

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For Tax-Exempt Employers: 403(b) Retirement Plan Compliance Opportunity

Tax-exempt employers have a special opportunity to fix compliance concerns with their 403(b) retirement plans. They have through March 31, 2020 – the “Remedial Amendment Period” (RAP) – to retroactively self-correct compliance issues with their 403(b) plan documents, without going through the IRS’ more costly and time-consuming process that would normally be required. An overview … Continue Reading

Ninth Circuit Arguably Leads the Way to Employer-Mandated Health Care

On September 30, 2008, the Ninth Circuit issued its long-awaited decision in the Golden Gate Restaurant Association v. San Francisco, holding the employer spending requirement of the San Francisco Health Care Security Ordinance is not preempted by the Employee Retirement Income Security Act, as amended ("ERISA"), 20. U.S.C. § 1001 et seq.… Continue Reading

Supreme Court Allows 401(k) Plan Participant to Sue For Reduction In Account Caused by Alleged Fiduciary Breach

On February 20, 2008, the United States Supreme Court decided the case of LaRue v DeWolff, Boberg & Associates, Inc., unanimously holding that individual participants in defined contribution plans regulated by ERISA (the Employee Retirement Income Security Act of 1974) can sue their plan administrator for a breach of fiduciary duty that reduces the value … Continue Reading
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