IRS Rules That Student Loan Program under 401(k) Plan Does Not Violate the Contingent Benefit Rule, but Important Compliance Issues Are Left Unanswered

NICHOLAS J. WHITE, October, 2018   Research shows that student loan debt is now second only to mortgages in consumer debt. More than 44 million Americans owe collectively $1.5 trillion in student loan debt, with the average student in the Class of 2016 owing over $37,000. Many of these individuals cite their outstanding student loans (or […]

Fiduciary Rule to Go Live June 9, 2017

NICHOLAS WHITE, ROBERT GOWER and ADRINE ADJEMIAN, May 2017    Following months of uncertainty stemming from a February 3, 2017, Presidential memorandum ordering the Secretary of Labor to conduct a review of the final fiduciary advice regulatory package (the “Final Rule”), including a 60-day delay in its applicability date, it seems all but certain the […]

DOL Proposes a 60-Day Delay in Implementation of the Fiduciary Rule

NICHOLAS J. WHITE, February 2017    Just a few hours before our webinar on March 1st, entitled What Comes Next? — Lessons Learned & Practical Implications of the Fiduciary Rule Under Review, the Department of Labor (DOL) released a proposed rule extending the April 10th applicability date of the Fiduciary Rule (the “Rule”) by 60 […]

The DOL Finalizes Its Safe-Harbor Rule on State-Sponsored IRAs

NICHOLAS J. WHITE, August 2016 — On August 25, 2016, the Department of Labor (DOL) issued its final rule on the circumstances in which state payroll deduction savings programs with an automatic enrollment feature would not give rise to the establishment of an employee benefit plan under the Employee Retirement Income Security Act of 1974, […]

The DOL Clarifies Its Safe Harbor Guidance for Selecting Annuity Providers and Contracts for Defined Contribution Plans

NICHOLAS J. WHITE, October 2015 — In 2008, the Department of Labor (DOL) issued a safe-harbor regulation for plan investment fiduciaries regarding a prudent process for selecting and monitoring annuity providers and contracts for defined contribution plans (the “Safe Harbor Rule”). In Field Assistance Bulletin (FAB) 2015-2 (the “FAB”), issued this past summer, the DOL […]