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The term fee

Signing up with a third-party administrator (TPA) is like getting married, you come in with the best of intentions and you never think that things won’t work out. In 24 years of being an ERISA attorney, I have never met a plan sponsor who understood what...

Multiple companies and plans, avoid the sloppiness

With small and medium-sized companies, multiple plans operated by multiple owned companies that are part of a controlled group, usually create a huge mess. There may be a reason why similarly owned companies may operate more than one plan, It’s important...

That eligibility issue

I always say that the reason I don’t have employees is because I was an employee too. One f the f...

Don’t exclude bonuses from definition of compensation

Maybe it’s the Larry David in me or the fact that I never had a job where I got a bonus, but excl...

Push concerned employees to their advisors

Stock markets these days are seeing a lot of negative returns. Every day, it seems another stock in...

Cover all bases and errors for that VCP application

The Internal Revenue Service (IRS) Voluntary Compliance Program (VCP) is one of the best methods fo...

It’s your call

Unless you delegate a fiduciary function to a plan fiduciary such as an ERISA 3(16) and 3(38)fiduci...

Appearances do matter

I always believe that appearances are extremely important and if things just don’t look right, th...

Get those participation agreements done

It’s been happening a lot lately: a plan sponsor with several participating employers, not realiz...

ERISA Attorneys have to provide real value

10 years in, I’m glad I went on my own as an ERISA attorney, so I could provide value to clients,...