Foundation Publication Search Results

These summaries were compiled from Foundation Publications Search, a database of articles, research reports and books published by the International Foundation and the International Society of Certified Employee Benefit Specialists.


Other Recent Decisions.
Goodman, Lindsay M.; Benefits Magazine; v55 n11 pp 67-69 Nov 2018; journal article

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Abstract : Summarizes cases on contract interpretation, benefit litigation, statute of limitations, fiduciary duties and contributions.
[0201182]

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Plan Terms Govern Eligibility for Independent Contractors.
Goodman, Lindsay M.; Benefits Magazine; v55 n11 p 60 Nov 2018; journal article

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Abstract : The U.S. District Court for the Northern District of Georgia grants the defendants' motion for summary judgment after finding that the plaintiff distributors are independent contractors and are not entitled to participate in the defendants' 401 (k) plan.
[0201176]

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Washington Update: IRS Issues Final Regulations Regarding QMACs and QNECs.
Goodman, Lindsay M.; Benefits Magazine; v55 n11 pp 66, 68 Nov 2018; journal article

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Abstract : On July 20, 2018, the Internal Revenue Service (IRS) issued final regulations providing that employer contributions to a 401 (k) plan are treated as qualified matching contributions (QMACs) or qualified nonelective contributions (QNECs) at the time that contributions are allocated to participants' accounts, as long as the contributions satisfy applicable nonforfeitability and distribution requirements.
[0201181]

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Court Finds No Breach of Fiduciary Duty in Allowing 401(k) Participants to Invest in Struggling Company's Stock.
Hesse, Katherine; Benefits Quarterly; v34 no4 pp 69-70 4th Qtr 2018; journal article

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Abstract : Members of the board of directors and plan administrative committee did not breach their fiduciary duties under the Employee Retirement Income Security Act (ERISA) by allowing plan participants to invest in RadioShack stock despite the company's descent into bankruptcy.
[0201211]

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Myths and Realities of Retirement.
Lloyd, Neil; Benefits Quarterly; v34 no4 pp 58-62 4th Qtr 2018; journal article

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Abstract : Defined contribution (DC) retirement plans have become the dominant form of employer- facilitated retirement savings in the United States. One of the challenges raised is that DC plans do not typically have a built-in mechanism for lifetime income in the way that defined benefit pension plans do. The provision of lifetime income from DC plans has been raised as a concern but, despite much talk, little action has taken place to address this issue. This article questions whether retirement income solutions are addressing the real needs of retirees. The author reviews much of the evidence—some of which has been available for more than a decade—highlighting how the actual experience of retirees is very different to typical lifetime income theory. The key conclusion is that the better we can understand the true needs and diversity of circumstances in retirement, the better we can design solutions that may help to address lifetime income concerns.
[0201204]

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Offer of Conservative Investments Did Not Breach Plan Fiduciary Duties of Loyalty and Prudence.
Hesse, Katherine; Benefits Quarterly; v34 no4 p 70 4th Qtr 2018; journal article

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Abstract : Fiduciary did not breach duty of loyalty or of prudence by allocating more conservative investments in order to obtain wrap coverage for a stable value fund.
[0201212]

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Retirement - A Risky Business.
Hohman, Kenneth F.; Benefits Quarterly; v34 no4 pp 26-33 4th Qtr 2018; journal article

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Abstract : There is an abundance of risks related to retirement and, in the 401(k) world in which we live, these risks generally fall on the shoulders of the individual. Employers have done an effective job of educating employees about the risks related to the accumulation phase of retirement—the need to save for retirement and invest those assets appropriately. This success, however, has not translated to the decumulation phase of retirement. Decumulation risks include such esoteric concepts as longevity risk, interest rate risk and inflation risk. These risks are interrelated and complex, making them difficult to explain to nonfinancially savvy individuals. Can workers be successfully educated regarding these decumulation concerns? In addition, are there automatic features that should be considered to help steer retirees and near-retirees to suitable actions?
[0201199]

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Summary Judgment Partially Granted in Case Involving Proprietary Mutual Funds.
Goodman, Lindsay M.; Benefits Magazine; v55 n10 pp 70-71 Oct 2018; journal article

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Abstract : A district court grants in part and denies in part the motion for summary judgment by the defendant bank regarding plaintiffs' claims of 401(k) plan mismanagement in violation of ERISA.
[0201155]

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Court Adopts Narrow Interpretation of Plan Assets.
Benefits Magazine; v55 no9 pp 67, 69 Sep 2018; journal article

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Abstract : The U.S. District Court for the Western District of Missouri grants in part and denies in part the motion for summary judgment by the defendant insurance company in a case brought by a class of retirement plan participants alleging breach of fiduciary duty and prohibited transactions under the Employee Retirement Income Security Act of 1974 (ERISA).
[0201120]

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Plaintiff Fails to State a Claim in Amended Stock-Drop Complaint.
Benefits Magazine; v55 no9 pp 63-64 Sep 2018; journal article

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Abstract : The U.S. District Court for the Central District of California grants the motion by the defendant electric company to dismiss the plaintiff retirement plan participant's second amended complaint alleging that the defendants breached their fiduciary duty by not taking action when they knew or should have known that company stock was artificially inflated.
[0201117]

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Claims Alleging Excessive Fees and Prohibited Transactions Are Dismissed.
Benefits Magazine; v55 no7 pp 69-70 Jul 2018; journal article

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Abstract : The U.S. District Court for the Northern District of Illinois grants the motion by the defendant consulting service to dismiss a complaint by plaintiff retirement plan participants alleging that the defendants breached their fiduciary duties by receiving excessive fees and engaging in transactions prohibited by the Employee Retirement Income Security Act of 1974 (ERISA).
[0201049]

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MIT Employees May Proceed With Breach-of-Fiduciary-Duty Claims.
Benefits Quarterly; v34 no3 pp 54-55 3rd Qtr 2018; journal article

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Abstract : Massachusetts Institute of Technology (MIT) employees survived a motion to dismiss and can move forward on some of their fiduciary-breach claims of acting imprudently in failing to secure competitive bids for retirement plan recordkeeping services and in choosing higher cost investment options for the plan.
[0201076]

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Other Recent Decisions.
Benefits Magazine; v55 no7 pp 74-77 Jul 2018; journal article

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Abstract : Summarizes cases on fiduciary duties, disability benefits and benefit denial.
[0201052]

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Plan Participant Fails to Allege Recordkeeper Was a Fiduciary.
Benefits Magazine; v55 no7 pp 67-68 Jul 2018; journal article

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Abstract : The U.S. District Court for the Southern District of New York denies the plaintiff 401(k) plan participant's motion for leave to file an amended complaint against the defendant recordkeeper after finding that the plaintiff failed to state a claim.
[0201048]

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401(k) Plan Participants Lack Evidence to Support Breach Claims.
Benefits Magazine; v55 no6 pp 55, 58 Jun 2018; journal article

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Abstract : The U.S. Court of Appeals for the First Circuit affirms the district court conclusion that the plaintiff class of 401(k) plan participants failed to adduce evidence necesary to proceed to trial with their claims that the defendant fiduciary breached its duties of loyalty and prudence under the Employee Retirement Income Security Act of 1974 (ERISA).
[0201004]

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Allegations Regarding Proprietary Funds Survive Motion to Dismiss.
Benefits Magazine; v55 no6 pp 68-69 Jun 2018; journal article

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Abstract : The U.S. District Court for the District of Kansas denies the motion by the defendant investment management company to dismiss claims by the plaintiff retirement plan participant alleging breaches of fiduciary duty and prohibited transactions.
[0201011]

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Benefit Trends: Multiemployer Retirement Plan Landscape: Defined Contribution Plans.
Held, Justin; Benefits Magazine; v55 no6 pp 8-9 Jun 2018; journal article

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Abstract : "The Multiemployer Retirement Plan Landscape: A Ten-Year Look (2006-2015)" shows that net case flows for defined contribution pension plans have shown modest improvement over the past decade and that the average account balance is holding steady. This study is based on Form 5500 Annual Reports filed with the U.S. Department of Labor.
[0200994]

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Dismissal of 401(k) Plan Participants' Stock Drop Claims Affirmed.
Benefits Magazine; v55 no6 pp 54, 57 Jun 2018; journal article

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Abstract : The U.S. Court of Appeals for the Fifth Circuit affirms a district court dismissal of plaintiff retirement plan participants' claims that their defendant employer and plan administrator breached fiduciary duties under the Employee Retirement Income Security Act of 1974 (ERISA) by allowing the plaintiffs to invest in employer stock despite the employer descending into bankruptcy.
[0201003]

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Quick Look: Multiemployer DC Plan Landscape.
Benefits Magazine; v55 no6 p 10 Jun 2018; journal article

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Abstract : Illustrates some of the findings of the survey "The Multiemployer Retirement Plan Landscape: A Ten-Year Look (2006-2015)" based on Form 5500 Annual Reports filed with the U.S. Department of Labor.
[0200995]

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Service Provider Not A Fiduciary When Negotiating or Withdrawing Fees.
Benefits Magazine; v55 no6 pp 56-57 Jun 2018; journal article

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Abstract : The U.S. Court of Appeals for the Ninth Circuit reverses the district court decision in which it denied the motion by the defendant 401(k) plan administrators to dismiss a complaint by plaintiff plan participants alleging that the defendant third-party administrator breached its fiduciary duties when negotiating with employers about providing services to the plan and later when withdrawing predetermined fees from plan funds.
[0201005]

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Target-Date Funds: Key Considerations and a Process for Fiduciaries.
Fandetti, Marc A.; Benefits Magazine; v55 no5 pp 22-27 May 2018; journal article

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Abstract : Target-date funds (TDFs) are a popular investment option in 401(k) plans, but some offerings may not be appropriate for fund participants. The author contends that plan sponsors should more closely evaluate their TDFs, using equity exposure, management style and fees as major parameters.
[0200966]

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Court Finds Insurance Company Is Not a Plan Fiduciary.
Benefits Magazine; v55 no3 pp 69-70 Mar 2018; journal article

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Abstract : The U.S. District Court for the District of Nebraska grants the motion by the defendant life insurance company to dismiss a complaint by the plaintiff 401(k) plan participant after finding that the defendant is not a fiduciary with respect to the alleged breach of fiduciary duty.
[0200908]

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Other Recent Decisions.
Benefits Magazine; v55 no3 pp 73-77 Mar 2018; journal article

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Abstract : Summarizes cases on benefit litigation, fiduciary duties, benefit denial and severance.
[0200911]

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Prudence Claims Advance in University Retirement Plan Dispute.
Benefits Magazine; v55 no3 pp 65, 67 Mar 2018; journal article

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Abstract : The U.S. District Court for the District of Massachusetts, with two exceptions, accepts and adopts a magistrate judge's report and recommendation regarding allegations by plaintiff 401(k) plan participants that the defendant university and plan sponsor was involved in an improper relationship with the plan recordkeeper and primary investment provider.
[0200906]

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Complaint Alleging Excessive Recordkeeping Fees Survives Dismissal.
Benefits Magazine; v55 no2 pp 53, 55 Feb 2018; journal article

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Abstract : The U.S. District Court for the District of Minnesota denies the motion by the defendant medical facility corporation to dismiss claims of breach of fiduciary duty concerning recordkeeping fees. The claims were brought by plaintiff retirement plan participants.
[0200879]

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