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The problem with participation agreements

A 401(k) plan with multiple participating employers hosts several problems. The first is recognizing any control group or affiliated service group rules that treat such a plan for compliance purposes as a single plan or a multiple employer plan. The second...

The exclusion fiasco

Scrivener’s error is a mistake made by someone who is writing or copying something down, like a typo or a misspelling. It’s also a losing argument for most mistakes in a retirement plan document. Intent is a nice idea. It’s a reminder of where you wa...

Committees need a dedication to the process

The best retirement plan committees I’ve seen are dedicated to the process. That means regularly ...

The inefficiency of plan design

When you start fixing up the house (for me, a never-ending battle) and replacing appliances or item...

Plan provisions that every 401(k) plan should have

I probably have drafted and amended thousands of plans over the years and every plan has its little...

Know when a SEP no longer fits

Small employer plans like a SEP or a SIMPLE-IRA are great opportunities for small businesses to sav...

The question of providing information

ERISA requires disclosure of certain plan documents to participants including a summary plan descri...

The problem of the de-conversion process

Years ago, I was the Executive Editor of my law school’s news magazine. In one of my final issues...

You Need A Financial Advisor

I am still shocked at how often I find participant-directed 401(k) plans without a financial adviso...

Picking the cheapest provider can be a breach of fiduciary

When it comes to health and fitness, you constantly hear studies about what foods fight or cause ca...