US. DOL vs. IRS rules: Courts asked to decide how 401(k) plans can use forfeiture assets
What started as a small law firm filing a handful of suits against 401(k) plans' use of forfeited funds has metastasized into a broad attack on sponsors that raises questions about reducing participants' expenses. It's a trend of more law firms filing more lawsuits seeking to use Department of Labor regulations regarding fiduciary duty to supersede IRS rules. Although there are differences among the various sponsor-defendants, the general theme is the same: What can sponsors do with company contributions to a...