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29 results found

Article

Masuda Funai Eifert & Mitchell Ltd | USA | 18 Jan 2019

The Department of Labor is Reviewing Your 401(k) Form 5500 and Encouraging Voluntary Correction

401(k) plan sponsors are receiving letters from the U.S. Department of Labor’s (“DOL”) Employee Benefits Security Administration (“EBSA”) informing

Article

Masuda Funai Eifert & Mitchell Ltd | USA | 17 May 2018

Insurance Carrier Certificates of Insurance Do Not Meet the Content Requirements for a Summary Plan Description

The Employee Retirement Income Security Act (“ERISA”) requires that most employee benefit plans automatically furnish participants and beneficiaries a

Article

Masuda Funai Eifert & Mitchell Ltd | USA | 15 Mar 2018

401(k) Service Providers Owe No Fiduciary Duty with Respect to Negotiating Their Fee Compensation

Following the findings expressed in three other Circuits, the United States Court of Appeals for the Ninth Circuit recently held that plan

Article

Masuda Funai Eifert & Mitchell Ltd | USA | 12 Jul 2016

401(k) Plan Excessive Fee Lawsuits - Reducing the Risk for Company Presidents, Chief Financial Officers, H.R. and Benefit Professionals

For the last several years, Fortune 500 companies have been the target of ERISA lawsuits that allege that various plan fiduciaries (company

Article

Masuda Funai Eifert & Mitchell Ltd | USA | 6 Jun 2016

Health & Welfare - My Insurance Company Keeps Me Compliant, Right?

Many companies mistakenly believe that their fully-insured group medical insurance carrier provides them with the appropriate plan documents in order

Article

Masuda Funai Eifert & Mitchell Ltd | USA | 4 Mar 2016

Health Care Reform: Reducing Employee Hours to Avoid the ACA is No Game

On February 9, 2016, the U.S. District Court for the Southern District denied Dave & Busters, Inc.'s ("D&B") motion to dismiss a class action lawsuit

Article

Masuda Funai Eifert & Mitchell Ltd | USA | 6 Nov 2015

Benefits - updating 401(k) plan beneficiary elections

When a 401(k) plan participant dies, his or her designated beneficiary is generally entitled to receive the vested interest in the participant's

Article

Masuda Funai Eifert & Mitchell Ltd | USA | 9 Jul 2014

ERISA: ESOP fiduciaries are not entitled to a presumption of prudence

Last week, in one of its final opinions of the term, the Supreme Court of the United States (the "Court") held that ESOP fiduciary decisions to buy

Article

Masuda Funai Eifert & Mitchell Ltd | USA | 4 Feb 2013

Delinquent filer voluntary compliance program updated

On Monday, January 28, 2013, the U.S. Department of Labor ("DOL") announced technical updates to its Delinquent Filer Voluntary Compliance Program

Article

Masuda Funai Eifert & Mitchell Ltd | USA | 16 Apr 2012

Construction company found liable for delinquent contributions

Recently, the U.S. District Court for the Northern District of Illinois found a construction company liable for delinquent contributions, liquidated damages, interest and reasonable attorney's fees.

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