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Article

Hodgson Russ LLP | USA | 29 Nov 2012

7th Circuit holds ERISA’s anti-retaliation provision covers informal complaints

ERISA Section 510 makes it unlawful to take retaliatory action “against a person because he has given information or has testified or is about to testify in any inquiry or proceeding relating to” ERISA.

Article

Hodgson Russ LLP | USA | 28 Sep 2012

Department of Labor updates 408b-2 Notice Procedures

Many service providers to plans covered by the Employee Retirement Income Security Act of 1974 (with certain exceptions) were required to provide disclosures to responsible plan fiduciaries by July 1, 2012, regarding compensation they are receiving and potential conflicts of interest.

Article

Hodgson Russ LLP | USA | 2 Aug 2012

Action needed to comply with Department of Labor fee disclosure requirements

Plan administrators of calendar-year defined contribution plans that allow participants and beneficiaries to direct the investment of their individual accounts must make significant disclosures to those participants and beneficiaries no later than August 30, 2012.

Article

Hodgson Russ LLP | USA | 21 Dec 2011

Additional guidance on new IRS Settlement Program for misclassified workers

Employer misclassification of employees as independent contractors continues to attract the attention of the Internal Revenue Service (IRS) and the U.S. Department of Labor (DOL).

Article

Hodgson Russ LLP | USA | 21 Dec 2011

U.S. Department of Labor releases final rule revising procedures for filing and processing prohibited transaction exemptions under ERISA

The U.S. Department of Labor (DOL) has issued revised rules under which applicants may request an administrative exemption from the restrictions on prohibited transactions under the Employee Retirement Income Security Act of 1974 (ERISA) and the Internal Revenue Code.

Article

Hodgson Russ LLP | USA | 21 Dec 2011

Final regulations issued on fiduciary investment advice

The U.S. Department of Labor (DOL) has issued a final regulation under the statutory rules adopted in the Pension Protection Act of 2006, which created a new statutory exemption from the prohibited transaction rules to allow 401(k) and other pension plan fiduciaries to provide investment advice to participants.

Article

Hodgson Russ LLP | USA | 29 Jul 2011

Department of Labor modifies effective dates for fee disclosure rules

The DOL has published final regulations modifying the applicability dates for certain fee disclosure rules.

Article

Hodgson Russ LLP | USA | 29 Jul 2011

Circuit court upholds fiduciary exception to attorney-client privilege

Plan fiduciaries should be aware that communications with benefit plan attorneys may not be privileged

Article

Hodgson Russ LLP | USA | 20 May 2011

No fiduciary breach in switching default investment

Before statutory and regulatory rules were developed for Qualified Default Investment Arrangements (QDIAs), many plans utilized money market or stable value accounts as the default investment if a participant failed to provided requested investment directions.

Article

Hodgson Russ LLP | USA | 20 May 2011

Technical Release extends claims and appeals non-enforcement grace period for certain provisions

The Department of Labor (DOL) recently issued Technical Release 2011-01, extending the non-enforcement period relating to certain interim procedures for internal claims and appeals under the Patient Protection and Affordable Care Act (PPACA).

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