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IRS Announces 2025 Retirement Plan Limits

The Internal Revenue Service (“IRS”) has announced the following dollar limits applicable to tax-qualified plans for 2025...more

Employers Get a 2-Year Breather on Complying with the Secure 2.0 Change to Catch-Up Contributions

The Internal Revenue Service (“IRS”) issued Notice 2023-62 last week, which addresses a change made by the SECURE 2.0 Act of 2022 (“Secure 2.0”) to the 401(k) plan rules applicable to so-called “catch-up contributions” that...more

U.S DOL Offers Some Good News for Smaller Businesses with 401(K) Plans

It’s not often that business owners get good news from the government, but small and even some medium-sized businesses with 401(k) plans got a helping hand from the U.S. Department of Labor (“DOL”) earlier this year when the...more

Secure 2.0: Congress Enacts Wide-Ranging Changes to 401(k) and 403(b) Plans

As part of its mammoth 2022 year-end spending bill, Congress passed Secure 2.0, which makes dozens of modifications to the laws governing retirement savings. These revisions, almost all of which were driven by concerns that...more

IRS Announces Year 2023 Retirement Plan Limits

The Internal Revenue Service (“IRS”) announced today (October 21, 2022) the following dollar limits applicable to tax-qualified plans for 2023: Additional information regarding benefit plan dollar limits can be obtained in...more

IRS Pilot Program Gives Employers Heads-Up on Retirement Plan Audits

The Internal Revenue Service (“IRS”) has announced a pilot program that begins this month in which they will send letters to employers letting them know that their retirement plan has been selected for examination. Under...more

IRS Announces Year 2022 Retirement Plan Limits

The Internal Revenue Service (“IRS”) announced yesterday (November 4, 2021) the following dollar limits applicable to tax-qualified plans for 2022...more

Court: Federal Restitution Rights Override ERISA 401(k) Plan Protection

A federal appeals court recently ruled that an employer was entitled to a former employee’s 401(k) plan funds as restitution for that employee’s embezzlement. However, writes Dan Morgan of Blank Rome, the court failed to...more

As If Employers Didn’t Have Enough to Worry About, Don’t Skip the ARPA Cobra Subsidy Expiration Notice

As we explained in our April 16, 2021, post, the American Rescue Plan Act of 2021 (“ARPA”) requires employers to subsidize the cost of Consolidated Omnibus Budget Reconciliation Act (“COBRA”) continuation coverage and state...more

Employers Need to Gear Up for ARPA’s COBRA Subsidy

The Consolidated Omnibus Budget Reconciliation Act (“COBRA”) requires group health plans to allow qualified beneficiaries who would otherwise lose coverage due to certain events to elect to continue coverage under the plans...more

Defaulting 401(k) Plan Borrowers in the Time of COVID

The great majority of 401(k) plans allow participants to borrow against their plan benefits. These loans are secured by the borrowing participant’s plan account and are typically repaid by withholding amounts from the...more

IRS Announces Year 2021 Retirement Plan Limits

The Internal Revenue Service (“IRS”) announced yesterday (October 26, 2020) the following dollar limits applicable to tax-qualified plans for 2021...more

Small Employers Face Pandemic-Induced 401(k) Plan Challenges

The Covid-19 pandemic and its shock to the country’s economy have been felt particularly hard by small employers, who are also likely to face a number of looming problems with their 401(k) plans. This article discusses three...more

IRS Provides Rollover Relief for Skipped 2020 Required Minimum Distributions

The Internal Revenue Code mandates that individuals receive annual required minimum distributions (“RMDs”) from employer tax-qualified retirement plans and IRAs. Until recently, RMDs had to begin by the April 1st following...more

IRS Okays Funding Employer COVID-19 Charitable Contributions from Employee Leave Donations

In a recent announcement (Notice 2020-46), the Internal Revenue Service (“IRS”) provided guidance to employers for how to exchange employee elections to forego vacation, sick, or personal leave for cash payments that the...more

Key COBRA Deadlines Extended during the COVID-19 Pandemic

On May 4, 2020, as part of a broader set of extensions intended to provide relief during the pandemic, the Department of Labor (“DOL”) and the Internal Revenue Service (“IRS”) moved back deadlines applicable to the election...more

401(k) Plans During the Covid-19 Pandemic

Now that it has become clear that the Covid-19 health crisis will result in significant economic disruption, including furloughs and job losses, employers should expect to confront challenges related to their 401(k) plans....more

Some Highlights from the Recently Enacted SECURE Act, Part 4

The final installment of this blog series discussing changes made by the Setting Every Community Up for Retirement Enhancement Act of 2020 (“the SECURE Act”) focuses on modifications to the required minimum distributions...more

Some Highlights from the Recently Enacted SECURE Act, Part 3

This third installment of summaries of some of the key provisions of the Setting Every Community Up for Retirement Enhancement Act of 2020 (“the SECURE Act”) discusses an extension of the date for adopting a new employer...more

Some Highlights from the Recently Enacted SECURE Act, Part 2

In this second of a four-part series providing an overview of some key provisions of the Setting Every Community Up for Retirement Enhancement (“SECURE”) Act of 2019, I summarize the Act’s liberalization of the 401(k) plan...more

Some Highlights from the Recently Enacted SECURE Act

One of the spending bills signed by President Trump to avert a government shutdown late last year had attached to it the Setting Every Community Up for Retirement Enhancement Act of 2019, or as it’s known by its acronym, the...more

How a Prenup Can Trigger a Brawl Over Retirement Benefits

For many individuals, one of the most significant assets that gets transferred when they die is their benefits under an employer-sponsored retirement plan. A case recently decided by the Alabama Supreme Court, Moore v. Estate...more

IRS Announces Year 2020 Retirement Plan Limits

The Internal Revenue Service (“IRS”) announced today (November 6, 2019) the following dollar limits applicable to tax-qualified plans for 2020: The limit on the maximum amount of elective contributions that a person may make...more

Questions after IRS Guidance on Uncashed 401(K) Checks

A problem faced by the administrators of 401(k) and other retirement plans is what to do about plan participants who fail to cash distribution checks. This problem arises most commonly in connection with a plan that is...more

How the IRS Would Replace the 1 Bad Apple Rule

For many years, the Internal Revenue Code has had in place a set of rules, in Code Section 413(c), which govern tax-qualified retirement plans that cover the employees of unaffiliated employers. These plans, which go by the...more

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