Williams Mullen's Benefits Companion

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Williams Mullen’s Benefits Companion helps employers navigate the complex legal challenges of managing their employee benefit plans. From ESOPs to 401(k)s, from health plans to stock-based compensation, severance agreements and more, our attorneys and guests provide listeners with tips, tricks and k…

Williams Mullen


    • Apr 2, 2025 LATEST EPISODE
    • monthly NEW EPISODES
    • 10m AVG DURATION
    • 85 EPISODES


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    Latest episodes from Williams Mullen's Benefits Companion

    Navigating Fiduciary Responsibilities in a Tide-Turning ESG Era

    Play Episode Listen Later Apr 2, 2025 13:33


    On this episode of Williams Mullen's Benefits Companion, host Brydon DeWitt is joined by Ken Barnes, vice president of investment consulting at SageView Advisory Group, who discusses the recent federal ruling against American Airlines, which has set a precedent that could reshape how corporate fiduciaries approach investment oversight and governance. They'll explore why fiduciary duty to loyalty is under scrutiny and best practices for plan sponsors to avoid similar lawsuits.

    Big Changes to Catch-Up Contributions in 2025

    Play Episode Listen Later Feb 12, 2025 8:28


    On this episode of Williams Mullen's Benefits Companion, host Brydon DeWitt discusses big changes to contributions to retirement plans under SECURE 2.0 that begin in 2025. He covers the new “Super Catch-Up” contributions for 2025 and the required Roth catch-up contributions for high earners coming in 2026. 

    Good News for the ACA in 2025

    Play Episode Listen Later Jan 22, 2025 7:14


    On this episode of Williams Mullen's Benefits Companion, host Brydon DeWitt discusses changes to the Affordable Care Act (ACA) positively impacting employers in 2025. He covers what's new with reporting requirements designed to reduce the administrative burden on businesses and the subsequent implications of these changes for human resource professionals and benefits administrators.

    Tax Relief and Possible Retirement Plan Resources for Hurricane Victims

    Play Episode Listen Later Oct 9, 2024 7:40


    On this episode of Williams Mullen's Benefits Companion, host Brydon DeWitt is joined by Kyle Wingfield, a partner in Williams Mullen's Tax Section, who discusses the recently announced IRS tax relief for residents impacted by Hurricane Helene. Brydon also discusses ways employers may provide financial relief to Hurricane victims through their retirement plans.

    New IRS Guidance on SECURE 2.0 Act Student Loan Employer Contributions

    Play Episode Listen Later Sep 9, 2024 7:16


    On this episode of Williams Mullen's Benefits Companion, host Brydon DeWitt discusses the recent IRS guidance regarding provisions under the SECURE 2.0 Act which allows employers to make matching contributions on account of employees' qualified student loan payments under section 401(k) plans, section 403(b) plans, SIMPLE IRA plans, and governmental section 457(b) plans.

    Employment Law Edition: The Latest on Non-Competes and Independent Contractors

    Play Episode Listen Later Aug 26, 2024 20:53


    On this episode of Williams Mullen's Benefits Companion, host Brydon DeWitt is joined by Laura Windsor, chair of Williams Mullen's Labor, Employment and Immigration Section, who discusses two hot issues: non-competes and independent contractors. Are non-competes really banned? What are alternative solutions? Is having an independent contractor agreement enough? What are the potential penalties for misclassification? They'll also reflect upon the August 20th federal judge ruling that blocked the FTC's ban on non-compete clauses.

    ERISA Forfeiture Litigation

    Play Episode Listen Later Aug 14, 2024 8:31


    On this episode of Williams Mullen's Benefits Companion, host Brydon DeWitt discusses pending court cases regarding the proper use of forfeitures that arise under defined contribution plans. He outlines how these new developments present potential conflicts and liabilities that employers and fiduciary committees need to consider.

    IRS Clarifies Emergency Distributions Tax Exceptions

    Play Episode Listen Later Jul 11, 2024 8:18


    On this episode of Williams Mullen's Benefits Companion, host Brydon DeWitt discusses the new IRS guidance regarding certain exceptions to the 10% early distribution tax under IRC 72(t). He will share background on emergency personal expense and domestic abuse victim distribution exceptions, any limitations, and steps plan administrators should take to ensure they are complying with this guidance.

    Understanding Lifetime Income Products

    Play Episode Listen Later May 15, 2024 14:43


    On this episode of Williams Mullen's Benefits Companion, host Brydon DeWitt is joined by Ken Barnes, senior investment consultant with SageView Advisory Group, who discusses lifetime income products which are designed to help retirees arrange for a more predictable income stream throughout the entirety of their retirement. They discuss the forms of lifetime income products, legislation that paved the way for these offerings and what plan sponsors need to consider when deciding to offer lifetime income products.

    Trends in Recordkeeper Consolidation and Due Diligence

    Play Episode Listen Later Apr 10, 2024 15:03


    On this episode of Williams Mullen's Benefits Companion, host Brydon DeWitt is joined by Nichole Labott, managing director at SageView Advisory Group, who shares the impact recordkeeper consolidation is having on our industry. They discuss what's at stake for retirement plan participants and steps plan administrators should consider to protect participants and their company.

    What the J&J Case Means for Plan Administrators

    Play Episode Listen Later Mar 13, 2024 7:58


    On this episode of Williams Mullen's Benefits Companion, host Brydon DeWitt discusses a recent ERISA class action case, Lewandowski v. Johnson & Johnson et al., that is a wake-up call for plan fiduciaries managing health and welfare benefit plans. He will discuss the case allegations and possible best practices that plan fiduciaries should consider as we enter a new era of increased litigation.

    SECURE 2.0: Leveraging Opportunities Employees Want Most

    Play Episode Listen Later Jan 31, 2024 9:28


    On this episode of Williams Mullen's Benefits Companion, host Brydon DeWitt is joined by Beryl Ball, principal financial advisor at CAPTRUST, who shares her insight on leveraging some of the more popular and beneficial offerings from SECURE 2.0 Act including student loan repayments, emergency savings accounts and others.

    Understanding Fees in Retirement Planning

    Play Episode Listen Later Jan 17, 2024 12:35


    On this episode of Williams Mullen's Benefits Companion, host Brydon DeWitt is joined by Ali Pino, a principal and retirement plan consultant with Spherient Advisors, who explains what plan fiduciaries need to understand about retirement plan fees, challenges she sees with fee disclosures and best practices to determine fee reasonability.

    ESG Investing by Retirement Plans

    Play Episode Listen Later Dec 13, 2023 12:15


    On this episode of Williams Mullen's Benefits Companion, host Brydon DeWitt is joined by Beryl Ball, Principal Financial Advisor at CAPTRUST, who offers insight on ESG investing by Retirement Plans and what benefits administrators need to know to stay compliant given recent court rulings.  

    New Federal Rule Aims to Hold Investment Advisors to a Higher Standard

    Play Episode Listen Later Dec 6, 2023 8:50


    On this episode of Williams Mullen's Benefits Companion, host Brydon DeWitt is joined by Ali Pino, a Principal and Retirement Plan Consultant with Spherient Advisors, who discusses the proposed Department of Labor rule designed to help ensure investment advice is in the best interests of retirement savers and requires investment advisers to adhere to a higher standard of fiduciary responsibility. 

    Auto-Portability: A New Way to Keep Retirement Savings Growing

    Play Episode Listen Later Nov 7, 2023 8:15


    On this episode of Williams Mullen's Benefits Companion, host Brydon DeWitt is joined by Beryl Ball, Principal Financial Advisor at CAPTRUST, who offers insight on the new retirement plan auto-portability system. Auto-portability addresses the growing problem of 401(k) and other retirement plan participants who change jobs and lose track of their benefits or lose money by cashing them out early.

    IRS 2024 Health Plan Affordability Threshold May Put Some at Risk

    Play Episode Listen Later Oct 17, 2023 6:14


    On this episode of Williams Mullen's Benefits Companion, host Brydon DeWitt shares insight on what employers need to consider now that the Affordable Care Act benchmark for determining the affordability of employer-sponsored health coverage will drop significantly in 2024. How can employers stay compliant? How can employers maintain health plan affordability? This episode covers all this and more.

    SECURE 2.0 Act Relief for Plan Corrections

    Play Episode Listen Later Oct 3, 2023 8:54


    Partial Plan Terminations

    Play Episode Listen Later Aug 16, 2023 15:01


    On this episode of Williams Mullen's Benefits Companion, host Brydon DeWitt is joined by his colleague, Marc Purintun, who discusses Partial Plan Terminations. While you may be aware that plan sponsors can terminate a plan, you may not be aware that normal employer actions or an economic downturn may result in a partial plan termination. We cover what constitutes a partial plan termination, what facts and circumstances are considered, along with tips to protect employers from potential unpleasant consequences.

    Using Equity Incentives to Attract and Retain Key Team Members

    Play Episode Listen Later Aug 3, 2023 9:58


    On this episode of Williams Mullen's Benefits Companion, host Brydon DeWitt is joined by his colleague, Nona Massengill, a partner who focuses her practice on executive compensation matters. Nona will share insight on how employers are using equity incentives as another way to stand out in this continually competitive employment market.

    Virginia Launches New Retirement Savings Program

    Play Episode Listen Later Jun 12, 2023 24:12


    On this episode of Williams Mullen's Benefits Companion, host Brydon DeWitt is joined by Mary Morris, CEO of Virginia529, who will discuss RetirePath, a new retirement savings program for Virginia workers without access to an employer-sponsored retirement savings plan. Listeners will learn more about the program offerings and what Virginia employers need to know in order to participate.

    Exploring the Value of Qualified Default Investment Alternatives

    Play Episode Listen Later May 17, 2023 17:15


    On this episode of Williams Mullen's Benefits Companion, host Brydon DeWitt is joined by Ken Barnes, senior investment consultant at SageView Advisory Group, who discusses the benefits of Qualified Default Investment Alternatives (QDIAs) which can be a valuable option for retirement plan participants who may not have the time, interest or knowledge to make their own investment choices. We'll explore how QDIAs have evolved over the years and important fiduciary considerations for plan administrators.

    SECURE 2.0 Act – More Relief for Plan Administrators

    Play Episode Listen Later May 4, 2023 10:32


    On this episode of Williams Mullen's Benefits Companion, host Brydon DeWitt shares more good news for benefit plan administrators, this time under the banner of the SECURE 2.0 Act. Highlights include a discussion of the relief granted for the self-correction process and the recovery of inadvertent benefit overpayments.  

    What a Relief! 403(b) Plan Developments

    Play Episode Listen Later Apr 17, 2023 9:52


    On this episode of Williams Mullen's Benefits Companion, host Brydon DeWitt is joined by his colleague, Marc Purintun who will cover the various changes impacting 403(b) plans. From the new determination letter process to reporting improvements, we've got the latest on some welcome news for benefits administrators.  

    Boosting Employee Engagement in 401(k) Participation and Retirement Savings

    Play Episode Listen Later Mar 8, 2023 13:17


    On this episode of Williams Mullen's Benefits Companion, host Brydon DeWitt is joined by Ali Pino, principal and retirement plan consultant with Spherient Advisors, who shares her best tips for boosting employee engagement in 401(k) participation and retirement savings. Hear how plan design, tailoring benefit offerings, and solid communication and education can make a difference for both your company and your employees.

    SECURE 2.0 Act – Highlights and To Do's for 2023

    Play Episode Listen Later Feb 17, 2023 10:30


    At the end of 2022, President Biden signed the highly anticipated SECURE 2.0 Act into law. On this episode of Williams Mullen's Benefits Companion, host Brydon DeWitt reviews highlights of the new law, including what employers need to focus on for this fiscal year to stay in compliance.

    Plan Administrators' 2022 Year-End Checklist

    Play Episode Listen Later Dec 2, 2022 8:54


    It's that time of year again where Williams Mullen's Benefits Companion and host Brydon DeWitt outline some of the important steps that plan administrators need to take before the end of 2022. He will highlight important items that may be easily overlooked and resources available to help.

    Multiemployer Plans

    Play Episode Listen Later Oct 19, 2022 18:44


    On this episode of Williams Mullen's Benefits Companion, host Brydon DeWitt is joined by Zan Gormley, a partner in Williams Mullen's Litigation Section, for a discussion about multiemployer plans. They address what they are, how they work, why they are important, as well as some of the critical litigation issues that those who deal with employee benefit plans should be aware of.  

    Court Decisions Impacting Plan Sponsors and Fiduciaries

    Play Episode Listen Later Oct 5, 2022 9:48


    On this episode of Williams Mullen's Benefits Companion, host Brydon DeWitt is joined by the chair of Williams Mullen's Employee Benefits & Executive Compensation Practice, Marc Purintun, who discusses a recent Supreme Court decision that impacts plan fiduciaries responsible for plan investment options.

    Helping Employers Address the Gender Gap in Retirement Savings

    Play Episode Listen Later Aug 9, 2022 7:28


    On this episode of Williams Mullen's Benefits Companion, host Brydon DeWitt is joined by Nichole Labott, managing director at SageView Advisory Group, who explores the gender gap in retirement savings, potential causes and employer considerations.

    Millennials, Boomers and Retirement Planning

    Play Episode Listen Later Jul 5, 2022 7:28


    On this episode of Williams Mullen's Benefits Companion, host Brydon DeWitt is joined by Nichole Labott, managing director at SageView Advisory Group, who explores generational differences in retirement savings goals and strategies.

    New Lifetime Income Illustrations Required Soon

    Play Episode Listen Later Jun 10, 2022 3:46


    On this episode of Williams Mullen's Benefits Companion, host Brydon DeWitt discusses the newly required lifetime income illustrations that must be provided to 401(k) plan participants.

    Health Plan Transparency Requirements

    Play Episode Listen Later Jun 1, 2022 8:18


    On this episode of Williams Mullen's Benefits Companion, host Brydon DeWitt is joined by his colleague, Allison Carlon, who helps us better understand what employers need to know about the Consolidations Appropriations Act and new health plan transparency requirements and related deadlines. 

    Employment Edition: Flexible and Remote Working Arrangements

    Play Episode Listen Later May 9, 2022 20:01


    On this episode of Williams Mullen's Benefits Companion, host Brydon DeWitt is joined by Matt Anderson, an attorney in Williams Mullen's Labor, Employment and Immigration Section, who discusses some very important employment policy considerations for listeners who are addressing flexible and remote work arrangements for their organization.

    Cryptocurrency 401K Plans

    Play Episode Listen Later Apr 13, 2022 13:10


    On this episode of Williams Mullen's Benefits Companion, host Brydon DeWitt is joined once again by Beryl Ball, Principal Financial Advisor at CAPTRUST, who offers insight on the recent strongly worded DOL compliance release on cryptocurrency in 401(k) plans and what issues plan sponsors should carefully consider.

    What Constitutes Plan Assets Under ERISA?

    Play Episode Listen Later Mar 30, 2022 17:06


    On this episode of Williams Mullen's Benefits Companion, host Brydon DeWitt is joined by Zan Gormley, a partner in Williams Mullen's Litigation Section, who discusses the law and guidance on what constitutes “assets of the plan” under ERISA, and why that is significant for those who administer or transact business with employee benefit plans. 

    assets employee benefits erisa employee benefit plans
    “The Great Resignation” - Structuring Benefits to Attract and Retain Talent

    Play Episode Listen Later Mar 15, 2022 13:29


    On this episode of Williams Mullen's Benefits Companion, host Brydon DeWitt is joined once again by Beryl Ball, Principal Financial Advisor at CAPTRUST, who offers insight on how employers are using retirement benefits to help attract and retain employees in a tight labor market.

    Group Health Plan Service Provider Compensation Disclosure Requirements

    Play Episode Listen Later Feb 15, 2022 6:27


    On this episode of Williams Mullen's Benefits Companion, host Brydon DeWitt discusses the group health plan broker and consultant compensation disclosure requirements under the Consolidated Appropriations Act and what you need to know to keep your organization in compliance.

    2023 Benefits Forecast with Mercer

    Play Episode Listen Later Dec 13, 2021 15:04


    On this episode of Williams Mullen's Benefits Companion, host Brydon DeWitt is joined by Kristin Henshaw, a Senior Health and Benefits Consultant and Virginia Health Business Leader with Mercer. Kristin shares what employers need to consider as they craft their benefits strategic plan in advance of their 2023 open enrollment. From issues such as effective drug cost management to flexibility in time-off benefits, this episode will give you a jumpstart on trends for the year ahead.

    New Prescription Drug and Health Coverage Reporting Requirements 

    Play Episode Listen Later Nov 30, 2021 3:27


    On this episode of Williams Mullen's Benefits Companion, host Brydon DeWitt discusses the Biden administration's interim final rule that requires health plans to report prescription drug and health coverage costs and its impact on reporting requirements for benefits administrators.

    OSHA COVID-19 Vaccination Regulations 

    Play Episode Listen Later Nov 16, 2021 16:53


    On this episode of Williams Mullen's Benefits Companion, host Brydon DeWitt is joined by David Burton, a partner with the firm's Labor, Employment and Immigration section who shares some answers to frequently asked questions on the recent OSHA COVID-19 vaccination regulations impacting employers with 100 or more employees.

    Time to Tidy-Up Plan Documents

    Play Episode Listen Later Oct 18, 2021 6:33


    On this episode of Williams Mullen's Benefits Companion, host Brydon DeWitt reminds us that with priorities focused on taking care of pandemic employees and plan participants, plan administrators may need some extra clean-up time. Do your plan documents reflect the myriad of changes encountered over the past 18 months? When does your house need to be in order? This episode has it covered.

    Can Employers Impose a Health Insurance Surcharge on Plan Participants Not Vaccinated for COVID-19?

    Play Episode Listen Later Sep 7, 2021 8:20


    On this episode of Williams Mullen's Benefits Companion, host Brydon DeWitt explores compliance considerations for employers who are considering imposing a health insurance surcharge on plan participants who are not vaccinated for COVID-19. He discusses potential implications with HIPAA nondiscrimination provisions and health plan affordability under the ACA.

    Are Brokerage Windows Right for Your Retirement Plan?

    Play Episode Listen Later Aug 30, 2021 11:17


    On this episode of Williams Mullen's Benefits Companion, host Brydon DeWitt is joined by Ken Barnes, Financial Advisor with SageView Advisory Group, for a discussion about using self-directed brokerage windows in retirement plans. Listeners will learn how to determine if this concept is a good fit for their organization, the potential costs and benefit and related fiduciary considerations.

    Cautionary Tales for Preapproved Plan Documents

    Play Episode Listen Later Aug 16, 2021 11:39


    On this episode of Williams Mullen's Benefits Companion, host Brydon DeWitt is joined by Claire Pollock, a paralegal with Williams Mullens Employee Benefits & Executive Compensation Practice, who shares what she has learned over the years from working with preapproved or prototype plan documents and managing adoption agreements. She also discusses important dates for plan administrators.

    Missing Plan Participants

    Play Episode Listen Later Jul 2, 2021 9:13


    On this episode of Williams Mullen's Benefits Companion, host Brydon DeWitt is joined once again by Beryl Ball, Principal Financial Advisor at CAPTRUST, who explains the Department of Labor's recent guidance for plan sponsors regarding missing plan participants. They also share some excellent tips on how to find participants who are difficult to locate.

    Best Practices for Reducing ERISA Litigation Risk

    Play Episode Listen Later Jun 21, 2021 25:34


    On this episode of Williams Mullen's Benefits Companion, host Brydon DeWitt is joined by one of Williams Mullen's newest attorneys, litigator Zan Gormley, who walks us through best practices to help prevent ERISA lawsuits and steps to take in the event of a potential benefits claim.

    Cyber Security Guidance for Benefit Plan Sponsors and Participants

    Play Episode Listen Later Jun 8, 2021 9:07


    On this episode of Williams Mullen's Benefits Companion, host Brydon DeWitt is joined by Beryl Ball, Principal Financial Advisor at CAPTRUST, who discusses recently released Department of Labor tips on cyber protection for benefit plan sponsors and participants.  

    Back to the Future: SECURE Act and SECURE Act 2.0

    Play Episode Listen Later May 21, 2021 14:30


    On this episode of Williams Mullen's Benefits Companion, host Brydon DeWitt is joined once again by Nichole Labott, Managing Director at SageView Advisory Group, to reflect upon a time before COVID-19, when the monumental changes of SECURE Act were the big news. They will discuss what is ahead for SECURE Act 2.0 and its greater advantages for employers and employees.  

    Employee Retention Tax Credit Expansion

    Play Episode Listen Later Apr 27, 2021 6:58


    On this episode of Williams Mullen's Benefits Companion, host Brydon DeWitt is joined by Williams Mullen tax attorney, Philip Delano, to discuss the Employee Retention Tax Credit , the significant expansion to the tax credit for 2021 under the Consolidated Appropriations Act and its potential good news for your bottom line.

    COBRA Notice Litigation

    Play Episode Listen Later Apr 13, 2021 7:32


    On this episode of Williams Mullen's Benefits Companion, host Brydon DeWitt explains how the recent wave of COBRA-based lawsuits may warrant a thorough review of your COBRA notification process in 2021.

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