Donald P. SullivanBlog Posts

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  • Updated Rates for California EDD Benefits and San Francisco Paid Parental Leave Ordinance for 2023

    The California Employment Development Department (EDD) has released the Voluntary Plan Employee Contribution and Benefit Rates for 2023. Find out more here. Continue Reading
    January 13, 2023
  • Updated Rates for California EDD Benefits and San Francisco Paid Parental Leave Ordinance for 2023

    The California Employment Development Department (EDD) has released the Voluntary Plan Employee Contribution and Benefit Rates for 2023. Employers with employees located in California are generally required to withhold and send state disability contributions to the EDD. The 2023 rates are as follows: “Employee Contribution Rate” 0.9% “Taxable Wage Ceiling” (per employee per year) $153,164.00 “Maximum... Continue Reading
    January 13, 2023
  • Court Finds No ERISA Liability for Plan Provider Who Delivered Self-Interested Rollover Advice

    A New York federal court recently held that a service provider for employer-sponsored retirement plans was not liable as a fiduciary under the Employee Retirement Income Security Act (“ERISA”) when it used participant information to encourage certain plan participants to roll over assets into its more expensive managed account program.  Carfora v. Teachers Ins. Annuity Ass’n...
    October 26, 2022
  • Court Finds No ERISA Liability for Plan Provider Who Delivered Self-Interested Rollover Advice  

    A New York federal court recently held that a service provider for employer-sponsored retirement plans was not liable as a fiduciary under the Employee Retirement Income Security Act (“ERISA”) when it used participant information to encourage certain plan participants to roll over assets into its more expensive managed account program.  Carfora v. Teachers Ins. Annuity... Continue Reading
    October 26, 2022
  • California Passes Legislation to Expand Mandated Retirement Plans

    In 2016 California passed legislation that employers who do not sponsor an employee-retirement plan must participate in a state-run retirement program. This program became known as CalSavers. While there have been legal challenges to CalSavers, the program persists. CalSavers provides an opportunity for employees to defer wages, through payroll deductions by the employer, to a state-run individual... Continue Reading
    August 27, 2022
  • 6th Circuit Tosses ERISA Fiduciary Breach Claims

    On June 21, 2022, CommonSpirit Health defeated a putative class action brought by former employees who alleged that the company mismanaged their 401(k) plan by offering higher-cost, actively managed investment options when lower-cost index funds with better returns were available. The plaintiffs also alleged that the plan’s recordkeeping and investment management fees were excessive when... Continue Reading
    July 21, 2022
  • CalSavers Not Preempted by ERISA

    With an alarming number of American workers lacking adequate retirement savings, California and a handful of other states began implementing state-sponsored retirement savings programs.  The CalSavers Retirement Savings Program (CalSavers) was first launched as a pilot program in 2018 and then expanded to all eligible employers in the state in July 2019 in order to...… Continue Reading
    March 18, 2020
  • CalSavers Not Preempted By ERISA

    With an alarming number of American workers lacking adequate retirement savings, California and a handful of other states began implementing state-sponsored retirement savings programs.  The CalSavers Retirement Savings Program (CalSavers) was first launched as a pilot program in 2018 and then expanded to all eligible employers in the state in July 2019 in order to... Continue Reading
    March 18, 2020
  • Northrop Grumman Agrees to Settle 401(k) Excessive Fee Suit

    Northrop Grumman has agreed to pay $12,375,000 to settle a class action brought under the Employee Retirement Income Security Act (“ERISA”) by participants in its 401(k) plan. The parties reached the initial terms of this settlement last year minutes before the start of the trial. The plaintiffs alleged in their complaint that the company’s administration...… Continue Reading
    January 17, 2020
  • Northrop Grumman Agrees to Settle 401(k) Excessive Fee Suit

    Northrop Grumman has agreed to pay $12,375,000 to settle a class action brought under the Employee Retirement Income Security Act (“ERISA”) by participants in its 401(k) plan. The parties reached the initial terms of this settlement last year minutes before the start of the trial. The plaintiffs alleged in their complaint that the company’s administration... Continue Reading
    January 17, 2020