December 18, 2025
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Final Regulations on Mandatory Roth Catch-Up Contributions
By Charles C. Shulman
The IRS has issued important new final regulations under SECURE 2.0...
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December 15, 2025
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“AFFILIATED SERVICE GROUP” RULES
By Charles C. Shulman
Printed in 51 Journal of Pension Planning and Compliance, no. 4, at 1 (WK, Winter...
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December 12, 2025
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ERISA’s “Controlled Group” Rules – A Timely Review
By CHARLES C. SHULMAN, ESQ.
Printed in 51 Journal of Pension Planning and Compliance, no. 1,...
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December 10, 2025
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ERISA FIDUCIARY ADVICE: THE REGULATORY LANDSCAPE ENTERING 2026
By Charles C. Shulman
Recent court decisions have effectively stopped the Department...
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November 19, 2025
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Charles C. Shulman, Esq.
2026 BENEFIT PLAN COST-OF-LIVING ADJUSTMENTS *
The chart below summarizes the 2026 cost-of-living adjustments affecting 401(k),...
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October 22, 2025
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Cunningham v. Cornell and the Rise of Meritless Prohibited Transaction Suits
By Charles C. Shulman, Esq.
In Cunningham v. Cornell University, 604...
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October 21, 2025
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Forfeitures in Qualified Plans: (i) Proposed Regulations; and (ii) Fiduciary Class Action Suits
By Charles C. Shulman, Esq.
I. Part 1 – 2023...
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August 29, 2025
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2025 Executive Order on Democratizing 401(k) Access to Alternative Assets
By Charles C. Shulman, Esq.
On August 7, 2025, President Trump issued...
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July 15, 2025
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Employee Benefit Provisions in the One Big Beautiful Bill Act
By Charles C. Shulman, Esq.
Public Law 119-21, 14, H.R. 1, 139 Stat. 72 (July 4, 2024),...
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July 3, 2025
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Right to a Jury Trial in ERISA Cases
By Charles C. Shulman, Esq.
There is a recent trend in some federal cases to allow requests for jury trials...
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June 12, 2025
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Recent Noncompete Clause Developments – 2025
By Charles C. Shulman, Esq.
I. Introduction – FTC...
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June 6, 2025
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Cryptocurrency – Fiduciaries to Decide if it is a Prudent 401(k) Investment
By Charles C. Shulman, Esq.
1. Under Biden Administration – Presumption...
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November 26, 2024
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Arbitration Provisions in an ERISA Plan Cannot Negate Right to Sue under ERISA in Class Action on Behalf of the Plan
Two recent circuit court decisions...
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November 26, 2024
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Status of DOL Centralized Lost and Found Database Under the SECURE 2.0 Act and Information Collection Requests
The SECURE 2.0 Act of 2022 (SECURE 2.0)...
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August 5, 2024
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Code § 409A Nonqualified Deferred Compensation Rules Revisited
An article titled “Code § 409A Nonqualified Deferred Compensation Rules Revisited”...
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November 3, 2023
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2024 BENEFIT PLAN COST-OF-LIVINGADJUSTMENTS (with SECURE 2.0 changes)
Charles C. Shulman, Esq.
11/4/2023
BENEFIT PLAN COST-OF-LIVINGADJUSTMENTS
2023
2024
Qualified...
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June 1, 2023
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Affordable Care Act Employer Mandate Penalties and Solutions, Individual Coverage HRAs and Health Plan Nondiscrimination Rules
CHARLES C. SHULMAN, ESQ.
The...
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October 26, 2022
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Journal of Deferred Compensation – Vol 28, No 2, Winter 2023
Withdrawal Liability Actuarial Assumptions –Did New Proposed PBGC Regs Get it Wrong?
...
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August 3, 2022
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8/5/22
Carried Interest Holding Periods – Further Restrictions on Carried Interest Taken out of Pending Inflation Reduction Act of 2022
Charles C....
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May 18, 2022
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Multiple Employer Plans under the SECURE Act of 2019 and Proposed Regulations re Exemption from One Bad Apple Rule
Charles C. Shulman, Esq.,
See...
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March 3, 2022
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A Primer on Profits InterestsCharles C. Shulman, Esq.,
Profits interests have become an increasingly popular type of equity-based award if the entity...
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February 28, 2022
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Successor Liability for Pension and Other ERISA Obligations
49 Compensation Planning Journal No. 9 p. 32 (Sept. 2, 2021)
See pdf of article at https://ebeclaw.com/wp-content/uploads/2022/02/Successor-Liability-in-Pension-ERISA-and-Other-Obligations-with-2022-addendum-49-TMCPJ-09-9-3-2021.pdf
Charles...
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September 14, 2021
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Rev. Proc. 2021-30 (EPCRS Update)
Charles C. Shulman, Esq.
Rev. Proc. 2021-30 updates the IRS Employee Plans Compliance Resolution System (EPCRS) Program,...
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August 24, 2021
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Missing Plan Participants – Recent Guidance
Charles C. Shulman, Esq.
March 31, 2021(Revised Aug. 2021)
A common problem in plan administration...
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July 11, 2021
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March 15, 2021
American Rescue Plan Act of 2021 – Summary of Benefit Provisions
Charles C. Shulman, Esq.
Introduction – The American Rescue Plan Act...
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February 10, 2021
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Taxpayer Certainty and Disaster Tax Relief Act of 2020 – Employee Benefit Provisions
Charles C. Shulman, Esq.
The Taxpayer Certainty and Disaster Tax...
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January 25, 2021
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Coronavirus Aid, Relief and Economic Security Act (the “CARES Act”)
Charles C. Shulman, Esq.
The Coronavirus Aid, Relief and Economic...
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February 19, 2020
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SECURE Act Summary
Charles C. Shulman, Esq.
On December 20, 2019 the “SECURE Act” (Setting Every Community Up for Retirement Enhancement...
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August 8, 2018
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PARTICIPANT LOANS: A ROAD MAP FOR PRACTITIONERS
Charles C. Shulman, Esq.
August 8, 2018
See article in PDF format from JPPC (2018) at https://ebeclaw.com/wp-content/uploads/2018/08/Participant-Loans-A-Roadmap-for-Practitioners-JPPC-Summer-2018.pdf
Summary:...
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October 14, 2016
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See “Employment Agreements (Including Severance, Parachute, Clawback, Noncompete and §409A Issues)” by Charles C. Shulman, at Tax Management...
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May 4, 2016
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Whether Private Equity Funds are a Trade or Business –Sun Capital Partners III v. N. E. Teamsters Truck. Industry Pension Fund
Charles C. Shulman,...
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May 4, 2015
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M & G Polymers v. Tackett (Supreme Court Jan. 2015) Strikes Down Yard-Man Inference for Collectively Bargained Retiree Health Benefits to Continue...
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June 26, 2012
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December 19, 2010(revised 6/25/12)
RULES RELATING TO 401(K) FEE DISCLOSURE OR INVESTMENT ADVICE GUIDANCE
Recent guidance – some proposed...
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February 17, 2011
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As published in 36 Journal of Pension Planning & Compliance 21 (Winter 2010)with minor additions – December 2010
In pdf format at
https://ebeclaw.com/wp-content/uploads/2011/02/Professional_Employer_Organizations.pdf
Leased...
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February 17, 2011
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EBEC (Employee Benefits / Executive Compensation) Law Update
Charles C. Shulman, Esq., LLC
[December 15, 2010]
EXECUTIVE COMPENSATION PROVISIONS OF DODD-FRANKWALL...
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February 17, 2011
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EBEC (Employee Benefits / Executive Compensation) Law Update
SUMMARY OF FOUR DIFFERENT RULES (OR PROPOSED RULES) RELATINGTO 401(K) FEE DISCLOSURE OR...
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February 17, 2011
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Children’s Health Insurance Program (CHIP) Annual NoticeRequired by Beginning of Next Plan Year or May 1, 2010
April 28, 2010
Charles C. Shulman, Esq.
Under...
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February 17, 2011
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Charles C. Shulman, Esq.
EBEC (Employee Benefits / Executive Compensation) Law Update
https://ebeclaw.com/wp-content/uploads/2011/02/New_York_Mini-COBRA_Extended_to_36_Months-1-5-2010.pdf
January...
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February 17, 2011
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October 16, 2006
SUMMARY OF THE PENSION PROTECTION ACT OF 2006
TABLE OF CONTENTS
Page
Reform of Funding Rules
Minimum Funding Rules…………………………………………………………………………………. 3
Interest...
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February 17, 2011
Comments: 0
Charles C. Shulman, Esq.
EBEC Law Update
January 30, 2009
Worker, Retiree, and Employer Recovery Act of 2008
A. WRERA Corrections to PPA Funding Rules
B. ...
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