If you sponsor a retirement plan, the term "ERISA Fidelity Bond" is likely on your radar. For many business owners, it’s a "check-the-box" task—a federal requirement for your annual Form 5500 filing. However, there is a dangerous gap in that...

More than a decade into lawsuits alleging that retirement plan sponsors have violated ERISA fiduciary duties by offering weak and costly investment options to participants, new claims continue to be filed. What exactly does ERISA say about investment options? How...

The term "fiduciary breach" often evokes images of significant mishaps within company-sponsored retirement plans, leading to notable legal disputes. Yet, a more common and equally troublesome issue for business owners is failing to secure the mandatory ERISA fidelity bond, as...

Yes, the Department of Labor’s Employee Benefits Administration (EBSA) regularly pursues violations of ERISA, recovering funds for retirement plan participants. Civil corrections, litigation and even criminal indictments are all possibilities for plan fiduciaries under the high standards of ERISA. Failures...

Improper use of the ERISA Budget Account associated with an employer sponsored 401k plan, even if merely a mistake, is a fiduciary failure which can lead to investigations, penalties, and criminal charges brought by the Employee Benefits Security Administration (EBSA)....

Yes! These two different forms of protection exist for different reasons. Experts explain the purpose of each and the important roles these protections play in employer sponsored retirement plans. Understand the coverages you need as a plan sponsor—and how to...

  Retirement plan participants have the right to request plan documents and information. When they make a request, it’s important to respond in a timely manner—and to keep a record of doing so. Pay attention to how the request comes...

  As part of its intense focus on retirement security, Congress is considering new two-pronged legislation. If it passes, retirement industry experts anticipate that plan sponsors might face more trips to court stemming from fiduciary breach allegations. Here’s what the...

  Although previous regulatory guidance from the Department of Labor has dampened efforts to include environmental, social and governance (ESG) investment options in retirement plans, experts advice that inclusion of these options can be important to plan participants. Here’s guidance...

The American Bar Association (ABA) advises retirement plan sponsors and administrators to pay more attention to cybersecurity. Specifically, sponsors and other fiduciaries are urged to heed the expanding body of litigation occurring at the intersection of ERISA and cybercrime, and...