Rule would speed retirement payments from bankrupt firms 
By:
Kimberly Atkins
Published: December 20, 2012
Tags: 401(k), Chapter 7, Department of Labor, Employee Benefits Security Administration, retirement planning
WASHINGTON – A new rule proposed by the U.S. Department of Labor would make it easier for trustees of companies in Chapter 7 bankruptcy to distribute assets from its retirement plans.
ERISA plaintiffs needn’t make pre-suit demand
Published: April 19, 2012
Tags: 401(k), 401(k) plans, ERISA, insurance, John Hancock, retirement plans
Plaintiffs were not required to make a pre-suit demand for remedial action upon their retirement plans’ trustees before pursuing an ERISA action against an insurance company that allegedly charged excessive fees, the 3rd Circuit has ruled in reversing a dismissal.
Should lawyers, clients convert to Roth 401(k)s?
By:
Correy Stephenson
Published: December 14, 2010
Tags: 401(k), Obama, retirement planning, Roth 401(k), Roth IRA, Small Business Jobs Act of 2010
Lawyers and their clients have a new opportunity to convert their 401(k) plans into Roth 401(k)s, but should think twice before making the switch.
Son must pay taxes on murdered father’s 401(k)
By:
Pat Murphy
Published: November 23, 2010
Tags: 401(k), slayer statute, taxation
A taxpayer is liable for income taxes owed on funds he received from his murdered father’s retirement account, the 9th Circuit has ruled in affirming judgment.
New 401(k) disclosure regulation issued
By:
Kimberly Atkins
Published: October 15, 2010
Tags: 401(k), Department of Labor, disclosure rules
WASHINGTON – The Department of Labor has issued a new regulation requiring companies to inform employees of the fees associated with their 401(k) retirement plans.
Bankruptcy assets increased when 401(k) loan repaid
By:
Pat Murphy
Published: September 15, 2010
Tags: 401(k), 401(k) loans, Bankruptcy Abuse Prevention and Consumer Protection Act, BAPCPA, CHAPTER 13, post-petition income, unsecured creditors
Creditors are entitled to the benefits derived from a Chapter 13 debtor’s repayment of a loan from her 401(k) plan, the 6th Circuit Bankruptcy Appellate Panel has ruled.
Support improperly based on employer contributions
By:
Pat Murphy
Published: September 14, 2010
Tags: 401(k), child support, divorce, Medicare, Social Security
A divorced wife’s entitlement to child support should not have been based in part on payments made on her behalf by her employer, the North Carolina Court of Appeals has ruled in reversing judgment.
Class action 401k lawsuit settled for $15 million
By:
Tony Ogden
Published: August 9, 2010
Tags: 401(k), class action, excessive fee, Missouri
A class-action lawsuit that alleged that tens of thousands of participants in two General Dynamics 401K plans were charged excessive fees has been tentatively settled for $15.15 million, the parties have announced.
ERISA plans liable to employee’s common-law wife
By:
Pat Murphy
Published: June 11, 2009
Tags: 401(k), ERISA
A deceased employee’s retirement plans are liable under ERISA for wrongfully paying benefits to the man’s children after receiving notice that he may have had a surviving, common-law wife, the 10th Circuit has ruled in reversing judgment.
