Archive | September, 2011

Do investors really need investment advisors?

September 29, 2011

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Anytime we receive the same or similar questions a few times within a short time frame, we’re normally thinking that it is probably a good topic for a blog post. This particular question is one we have heard in the…

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Following Your 401(k) Plan Document: Say What You’ll Do, and Do What You Say

September 28, 2011

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I grew up working on my family’s cattle ranch in Arizona.  Out of all my responsibilities as a ranch hand, the worst by far was breaking ice on the drinkers.  This Continue reading

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Employment-Fifth Circuit Rules That An ADEA Claim May Be Brought Based On A Hostile Work Environment

September 28, 2011

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In Dediol v. Best Chevrolet, Incorporated, No. 10-30767 (Fifth Cir. 2011), the plaintiff, Milan Dediol ("Dediol"), was appealing the district court’s grant of summary judgment for his former employer, defendant Best Chevrolet, Incorporated ("Best Chevrolet"). Dediol was employed at Best…

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ERISA-Seventh Circuit Finds That Surviving Spouse’s Consent ToThe Waiver Of A QPSA Was Valid, Despite No Witness

September 27, 2011

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In Burns v. Orthotek, Inc. Employees’ Pension Plan and Trust, No. 10-1521 (7th Cir. 2011), the Seventh Circuit Court of Appeals (the "Court") was asked to determine the beneficiary of a deceased plan participant. In this case, the participant, Dr….

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Fiduciary Links: A fiduciary approach to alternative investments

September 26, 2011

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>>>>On Wednesday afternoon, fi360 is hosting a free webinar on alternative investments. Our guest presenters, Tom Orecchio and Mark Willoughby of Modera Wealth Management and Guy Barudin of Terrapin Partners, will take a look at a fiduciary approach to implementing…

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Recent cases place emphasis on diversity of investment options for retirement plans

September 23, 2011

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A body of law appears to be forming across federal Circuit courts giving employers greater guidance on how to build the range of investment options available in employee retirement plans in a way that fulfills the employers’ fiduciary duty under…

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Employment-IRS Announces New Voluntary Worker Classification Settlement Program

September 22, 2011

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In IR-2011-95 (9/21/11) (the "Announcement"), the Internal Revenue Service (the "IRS") announced that it has begun a new program, called the Voluntary Classification Settlement Program (the "VCSP"). The VCSP will enable many employers to resolve past worker classification issues-primarily incorrectly…

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Benefits of Catch-up Contributions

September 21, 2011

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One of the benefits of being an auditor of employee benefit plans is getting to see all of the various educational resources that the TPAs put out to their clients (plan Continue reading

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ERISA-DOL Will Re-Propose Its New Rule On Definition Of Fiduciary

September 21, 2011

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According to a News Release (9/19/11), the Department of Labor (the "DOL") will re-propose its new rule on the definition of a fiduciary for purposes of ERISA. The DOL had published a proposed rule on October 22, 2010, to change…

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Employment-DOL And IRS To Act Together And Increase Efforts On Preventing The Misclassification Of Employees As Independent Contractors

September 20, 2011

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According to a News Release (9/1/9/11), the Department of Labor (the "DOL") and the Internal Revenue Service (the "IRS") have signed a memorandum of understanding that will improve joint departmental efforts to end the business practice of misclassifying employees as…

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