Defending ERISA Fiduciaries Against Claims of Failure to Diversify in a World of Multi-Manager Investments | Employee Benefits
Although they are generally lauded for increasing diversification of investments, investment managers and employee benefit plans need to be aware of the potential for ‘‘overlapping’’ and its impact in situations where ‘‘plan assets’’ are invested in multimanager investments and, in particular, fund of funds (‘‘FoF’’ or ‘‘FoFs’’) investment strategies.
Effective December 22, 2011, as a result of recent emergency legislation, the District of Columbia Office of Tax and Revenue will require that payers of distributions from retirement plans subject to federal withholding withhold D.C. income tax at the highest D.C. income tax rate in effect at the time of distribution, presently 8.95%.
On October 24, 2011, the Department of Labor, Employee Benefits Security Administration, released its final rule on investment advice. This final rule implements a statutory prohibited transaction exemption under ERISA which permits financial advisors to receive fees from providers of investment products that are recommended to participants of employee benefit plans. The final rule becomes effective December 27, 2011.
Daniel R. Brice, Jonathan M. Cerrito and Ginger B. LaChapelle Present to the Fourth District Dental Society | Employment Law
On October 4, 2011, Daniel R. Brice, Jonathan M. Cerrito and Ginger B. LaChapelle presented to Fulton, Hamilton and Montgomery Counties, Fourth District Dental Society–an organization formed in 1868 to provide member services and serve as a liaison with the New York State Dental Association the American Dental Association, and other State Agencies and Societies–on various employee benefit issues facing the dental industry.
U.S. Department of Labor Extends Effective Date of Service Provider Fee Dislosure Rule | Employment Law
The Department of Labor recently issued a final rule that extends by three months, from January 1, 2012 until April 1, 2012, the effective date for service providers to comply with final regulations concerning disclosure of fees and costs to the responsible plan fiduciary.
U.S. Department of Labor Issues Fee Disclosure Regulations for Participant-Directed Defined Contribution Plans
On October 14, 2010, the U.S. Department of Labor issued final regulations concerning disclosure of plan fees and costs to participants in defined contribution participant-directed account plans. The final regulations will become effective December 20, 2010 and are applicable for the first plan year beginning on or after November 1, 2011 (January 1, 2012 for calendar year plans).
Blitman & King Attorneys Daniel E. Kornfeld and Ginger B. LaChapelle have been appointed Subcommittee Co-Chairs for the Employee Benefits Committee of the American Bar Association. Daniel has been appointed to the Subcommittee dealing with the interaction between collective bargaining and employee benefits. Ginger has been appointed to the Subcommittee dealing with the regulation of specialized employee benefit plans.