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Sheldon M. Geller, JD, CPA

Home /Sheldon M. Geller, JD, CPA
Featured

First Look at the Secure Act 2.0

Practical and Legal Considerations

By  Sheldon M. Geller, JD, CPA

January 2023 0

On December 23, 2022, Congress passed the Securing a Strong Retirement Act of 2022 (Secure 2.0) as part of the Consolidated Appropriations Act of 2023,…

July/August 2022

Operational Compliance in a Highly Regulated Environment

Avoiding Fiduciary Breaches, Regulatory Review, Corrective Contributions, and Monetary Sanctions

By  Sheldon M. Geller, JD, CPA

September 2022 0

Plan administrators named in the plan document, or acting as administration fiduciaries by filing Form 5500, must administer their 401(k) plan in accordance with plan…

Featured

ICYMI | Department of Labor Position on Cryptocurrency Investment in 401(k) Plans

Practical and Legal Considerations

By  Sheldon M. Geller, JD, CPA

September 2022 0

Many 401(k) plan sponsors mistakenly believe that they have no liability for investment fund options made available to participants in core investment menus and self-directed…

Featured

Department of Labor Position on Cryptocurrency Investment in 401(k) Plans

Practical and Legal Considerations

By  Sheldon M. Geller, JD, CPA

June 2022 0

Many 401(k) plan sponsors mistakenly believe that they have no liability for investment fund options made available to participants in core investment menus and self-directed…

Featured

Best Practices to Reduce Excessive Fee Risk

401(k) Plan Governance Faces Increasing Legal Threats

By  Sheldon M. Geller, JD, CPA

June 2021 0

The role of retirement plan governance has become increasingly important as employers face increased scrutiny of how they operate their 401(k) plans in the current…

Featured

Cybersecurity Risk Considerations for 401(k) Plans

Mitigating Plan Sponsor Liability

By  Sheldon M. Geller, JD, CPA

September 2020 0

Many 401(k) plan sponsors mistakenly believe that when they delegate responsibilities to a record-keeping service provider, they have no liability for cybersecurity breaches. One recent…

Featured

ICYMI | 401(k) Plan Issues in the Current Environment

Practical and Legal Considerations

By  Sheldon M. Geller, JD, CPA

August 2020 0

This article is intended to address 401(k) plan issues and concerns that develop during periods of economic uncertainty and market volatility, such as the current…

Featured

401(k) Plan Issues in the Current Environment

Practical and Legal Considerations

By  Sheldon M. Geller, JD, CPA

June 2020 0

This article is intended to address 401(k) plan issues and concerns that develop during periods of economic uncertainty and market volatility, such as the current…

Featured

Protecting Plan Sponsors from Department of Labor Sanctions and Participant Lawsuits

By  Sheldon M. Geller, JD, CPA

February 2019 0

Retirement plan sponsors have become the subject of unprecedented scrutiny from plaintiffs' lawyers and Department of Labor (DOL) regulators. Litigators review filed Forms 5500 and…

Featured

Plan Governance Protects CFOs and HR Managers from Fiduciary Liability

By  Sheldon M. Geller, JD, CPA

January 2018 0

The role of retirement plan governance has become extremely important as employers face increased scrutiny of the way in which they operate their plans in…

Featured

ERISA’s Reasonable Fee Requirement

By  Sheldon M. Geller, JD, CPA

September 2017 0

Concerns regarding litigation over excessive 401(k) plan fees and conflicts of interest dominate the current thinking of plan fiduciaries. More plan sponsors are engaged in…

Featured

Retaining a Fiduciary Investment Advisor

Employers Need Up-front Information, Not Belated Explanation

By  Sheldon M. Geller, JD, CPA

June 2017 0

Whether or not the government enacts the Department of Labor (DOL) fiduciary rule requiring retirement plan advisors to act in the employer's best interest, employers…

RPA | 401(k) Plan Service Provider Selection and Retention Featured

RPA | 401(k) Plan Service Provider Selection and Retention

By  Sheldon M. Geller, JD, CPA

February 2017 0

Plan fiduciaries must take specific steps in the selection and retention of service providers to properly carry out their fiduciary duties. Retirement plan committees and…

Columns

EBP | 401(k) Plan Investment Selection

Passive Fund Management versus Active Fund Management

By  Sheldon M. Geller, JD, CPA

December 2016 0

Retirement plan committees are increasingly selecting passively managed funds for their 401(k) plan investment menus, in many instances to replace actively managed funds. Recent excessive…

Columns

RPA | Self-Directed Brokerage Accounts Expand Fiduciary Liability

By  Sheldon M. Geller, JD, CPA

September 2016 0

Participant-directed 401(k) plan investment has expanded from an investment menu to include a self-directed brokerage account option. Service providers market these accounts to provide participants…

Columns

RPA | Fiduciaries for a Small 401(k) Plan Sued for Breaches

By  Sheldon M. Geller, JD, CPA

August 2016 0

Claims alleging breaches of fiduciary duties have historically targeted large 401(k) plans with significant levels of assets. Recently, however, a claim was filed against a…

Columns

Understanding the Various Kinds of 401(k) Service Fee Arrangements

By  Sheldon M. Geller, JD, CPA

July 2016 0

Plan sponsors and investment committees must understand the way in which 401(k) plan assets are used to pay plan service providers and investment advisors in…

News & Views

RPA | Department of Labor Finalizes Retirement Advice Regulation

A Practical Perspective for 401(k) Plan Sponsors and Investment Committees

By  Sheldon M. Geller, JD, CPA

June 2016 0

The retirement plan marketplace has confused, if not outright misled, CPAs, their plan sponsor clients, and investment committees with the many types of non-fiduciary and…

Columns

RPA | Understanding the Increased Liability for 401(k) Retirement Plan Committees

By  Sheldon M. Geller, JD, CPA

May 2016 0

Excessive fee litigation and class action settlements increased significantly in 2014 and 2015. These decisions and negotiations will encourage more claims against retirement plan committees…

Columns

401(k) Plan Design Trends and Insights

By  Sheldon M. Geller, JD, CPA

March 2016 0

CPAs often seek reliable information about 401(k) plan design, investment options, record keeping, and fees. The “BrightScope/ICI Defined Contribution Plan Profile: A Close Look at…

Featured

Investment Policy Statements

By  Sheldon M. Geller, JD, CPA

January 2016 0

In a May 2015 decision, the U.S. Supreme Court held that a fiduciary under the Employee Retirement Income Security Act of 1974 (ERISA) who is…

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Our Latest Content

  • Adding Age (A) to DEI Is a Good IDEA February 2023
  • CPAJ News Briefs: FASB, AICPA February 2023
  • Enhancing Employee Resilience February 2023
  • Cybersecurity Resources for Accounting Practices January 2023
  • A Practical Roadmap for Introducing Agility to Certified Public Accounting Firms January 2023












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