This issue’s topics include:

SECURE Act 101
New law changes plan policies, creates design options

Defined contribution plan sponsors have some important decisions to make and opportunities to consider in the wake of enactment of the Setting Every Community Up for Retirement Enhancement (SECURE) Act at the end of last year. The act is intended to boost retirement financial security on several fronts.

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Stopping cybertheft of plan assets before it happens

Cybertheft of participant accounts always happens to some other plan sponsor — until it doesn’t and you’re on the hook. Whether or not you’re liable, it’s a disaster waiting to happen. A recent lawsuit in its initial phase, Berman v. Estee Lauder Inc., highlights a position you don’t want to be in (assuming the plaintiff’s allegations hold up) — and what you can do to minimize the chances that you ever will.

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Which plan documents must you surrender if you’re sued?

When participants believe they’ve been mistreated by your retirement plan and take their complaints to court, be prepared for requests for plan documents. Although under ERISA you’re obligated to produce relevant materials, you aren’t required to indulge a document fishing expedition. A recent court case, Theriot v. Building Trades United Pension Trust Fund, offers insights on just how far you need to go, and where to draw the line.

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The evolution of the target date fund selection process

Are you sure you have the best target date funds (TDFs) on your plan’s investment menu? You should regularly review all of your plan’s investment options — especially when most participant deferrals are earmarked for TDFs.

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Compliance alert

This feature lists a few key tax reporting deadlines for April and May.

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As always, we hope you enjoy this edition of our newsletter and we look forward to receiving your feedback. Should you have any questions regarding the information contained in the attached materials or our Employee Benefit Plan Services, please feel free to contact me directly.

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