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401(k) Plan Challenges for Small Businesses: ERISA Compliance, Impact of SECURE 2.0, Fiduciary Obligations, and More

Recording of a 90-minute premium CLE video webinar with Q&A

This program is included with the Strafford CLE Pass. Click for more information.
This program is included with the Strafford All-Access Pass. Click for more information.

Conducted on Thursday, October 12, 2023

Recorded event now available

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This CLE webinar will provide plan sponsors and employee benefits counsel with a detailed analysis of the legal requirements, risks, and challenges with establishing 401(k) plans for small businesses. The panel will discuss applicable rules and regulations for 401(k) plan structures and operations, compliance and reporting requirements, the impact of SECURE 2.0, fiduciary obligations and avoiding litigation, plan participants and contributions, vesting, plan investments, litigation trends, and other key items.

Description

Implementing 401(k) plans for small businesses can be complicated and confusing. Plan sponsors and employee benefits counsel must be well-versed in 401(k) plan design and administrative challenges in order to minimize liability and ensure compliance.

401(k) plans are a type of qualified defined contribution retirement plan that permit employees to save for retirement on a tax-preferred basis. They are widely used by employers of all sizes to help recruit and retain employees. These plans are required to meet certain criteria under ERISA, Department of Labor, and IRS guidelines and requirements, which means that these plans must have specific characteristics built into them by design and they must be administered correctly. However, there are ways in which 401(k) plan provisions may be customized for small businesses.

Understanding how 401(k) plans are designed and administered allows plan sponsors and counsel to maximize the benefits that these plans provide. The knowledge helps them identify plan design and administrative issues, understand investment options, exercise appropriate oversight, and comply with day-to-day administrative and fiduciary requirements.

Listen as our panel discusses applicable rules and regulations for 401(k) plan structures and operations, compliance and reporting requirements, the impact of SECURE 2.0, fiduciary obligations and avoiding litigation, plan participants and contributions, vesting, plan investments, and other key items.

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Outline

  1. 401(k) plan overview: small business challenges
  2. Establishing and designing a 401(k) plan
  3. Managing ongoing administration challenges and ensuring compliance
  4. Selecting and monitoring service providers and investment options
  5. Correcting errors in design and operation
  6. Fiduciary responsibilities and risks; cybersecurity issues
  7. Prohibited transactions and exemptions

Benefits

Attending this discussion will provide small businesses and counsel with insights on how to:

  • Design a 401(k) plan that’s low cost, easy to administer, and viewed by employees as a meaningful benefit
  • Properly establish and regularly update 401(k) plans
  • Reduce fiduciary risk (business and personal risk)
  • Avoid becoming ensnared in prohibited transactions and minimize associated costs
  • Navigate administrative challenges and ensure compliance
  • Improve services received and reduce costs for plans and sponsors

Faculty

Marx, William
William J. Marx

Attorney
Morgan, Lewis & Bockius

Mr. Marx helps employee benefit plan sponsors and financial service providers with a range of matters related to...  |  Read More

Sczepanski, Rebecca
Rebecca L. Sczepanski

Counsel
HunterMaclean

Ms. Sczepanski practices in the areas of ERISA and employee benefits, focusing on all aspects of employee benefits...  |  Read More

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Strafford will process CLE credit for one person on each recording. All formats include course handouts.

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