Opportunities, Challenges Facing 401(k) Plan Sponsors & Fiduciaries

Scott Price, CPA

Fiduciary News recently posted two articles – one with a number of insightful strategies from 401(k) experts from across the country addressing what they see as the biggest issues and another expounding on the opportunities in the industry. At a time when Baby Boomers are retiring in large numbers and the statistics show just how unprepared the majority of Americans are for retirement, a healthy discourse on the state of the 401(k) system is incredibly important.
401(k) Challenge […]

Legal Update: Statute of Limitations for Unpaid Contributions

Posting by Larry Beebe, CPA

In Colvin et al v. United Flooring Inc. et al, a participating employer in a multiemployer plan was audited for a three year period and was found to owe delinquent contributions. The employer refused to pay and contended the plan’s claim was barred under the applicable six-year statute of limitations. The dispute centered on whether the statue started when the employer failed to make contributions or when the failure was discovered by the audit.

The court […]

Principal Lawrence Beebe Presents at IFEBP Washington Legislative Update

Bond Beebe, a certified public accounting and advisory firm with offices in Bethesda, Maryland and Alexandria, Virginia, announced that Principal Lawrence R. Beebe, CPA participated in the International Foundation of Employee Benefit Plans’ (“IFEBP”) Washington Legislative Update, which took place May 5 -6, 2014 in Washington, DC. The IFEBP is a non-profit organization offering an objective and independent global source of employee benefits, compensation and financial literacy education and information; the Update provided employee benefits representatives with information on […]

Legal Update: Participants Not Allowed to Sue Trustees for Failure to Collect Employer Contributions

Posting by Larry Beebe, CPA

In Fox et. al. v. McCormick et. al., a U.S. District Court in the District of Columbia found that plaintiff participants in a multiemployer defined benefit plan could not sue the trustees of the plan for an alleged failure to collect unpaid employer contributions.

The plaintiff participants said the trustees knew about unpaid contributions, but failed to pursue reasonable collection efforts. The court said the plaintiffs had statutory standing to sue under ERISA, but the question was […]

5 Reasons Your Employee Benefit Plan Needs Written Plan Policies

Larry Beebe, CPA

Written policies are an essential component of any successful entity, including employee benefit plans. While they may seem complicated and onerous, clear policies are important both for compliance and operational efficiency.

You may have operated for years without a single policy, or perhaps you feel as though your plan is not large enough to warrant such structure. Regardless of your plan’s size or scope, here are five reasons to implement written plan policies:

Compliance. Written policies show government regulatory […]

Benefit Plan Policies: Conflict of Interest

Larry Beebe, CPA

In this series, we are reviewing the written plan policies needed to help your benefit plan stay compliant and operate most effectively. For a full list of the necessary policies and why your plan should implement them, click here.

As a fiduciary of an employee benefit plan, you have an obligation to operate your plan in the best interests of plan participants and their beneficiaries. In order to fulfill this obligation, trustees and other plan fiduciaries must adopt […]

408(b)(2) Fee Disclosure Regulation Update: A Road Map for Plan Sponsors

Caroline Kettering, CPA

As a plan sponsor, you probably dread sifting through mountains of papers in order to find and understand your plan providers’ fees. The Department of Labor isn’t too thrilled about it, either. Two years after the original 408(b)(2) fee disclosure regulations were finalized, the Department of Labor has issued a long-anticipated proposed amendment concerning the format of these disclosures. The proposed amendment aims to provide a “road map” for plan sponsors to help you more easily identify […]

Recent Supreme Court Cases Affecting Employee Benefit Plans

Sue Weaver

On our Payroll Auditing blog, Andrew Staab of Felhaber Larson Fenlon & Vogt recently provided a helpful overview of two Supreme Court decisions that affect employee benefit plans. These particular cases address when you need to act in order to preserve your rights. Here is a snapshot of the issues at hand:
Filing an Appeal
Ray Haluch Gravel Co. v. Central Pension Fund of International Union of Operating Engineers and Participating Employees, 134 U.S. 773 (2014) addresses the issue of […]

New Report on Multiemployer Defined Benefit Pension Plans

Larry Beebe, CPA

A new report provides valuable information for all those involved in multiemployer defined benefit pension plans. It is a must-read resource and a helpful benchmarking tool for pension plans.

Published by the International Foundation of Employee Benefit Plans (IFEBP) andHorizon Actuarial Services, LLC, The Multiemployer Defined Benefit Pension Plan Landscape: A Ten Year Look (2002 – 2011) was compiled based on statistics taken from the Forms 5500 filed by the 1,385 multiemployer pension plans that existed at December […]

Two Supreme Court Cases Walk Into a Bar…

Posting by Andrew Staab

Recently, the U.S. Supreme Court issued two decisions affecting employee benefit plans. Although neither case dealt with payroll auditing, or were otherwise “landmark” decisions, they are worthy of mention for employee benefit plan fiduciaries and service providers. The key to both cases is chronology, or, when to act to preserve your rights. Not all of the legal issues of each case will be discussed in this blog post, but rather the more salient points are covered.

The […]