The Voluntary Fiduciary Correction Program (VFCP) has long been a source of reprieve to plan sponsors and fiduciaries from enforcement actions by the Department of Labor (DOL), by allowing the voluntary correction of a number...more
On December 20, 2023, the IRS issued Notice 2024-2, which provides question-and-answer guidance on various aspects of the SECURE 2.0 Act. This post focuses on the “de minimis financial incentives” under SECURE 2.0 Act Section...more
12/28/2023
/ 401k ,
403(b) Plans ,
Benefit Plan Sponsors ,
De Minimus Quantity Exemption ,
Defined Contribution Plans ,
Employee Benefits ,
Incentives ,
IRS ,
New Guidance ,
Retirement Plan ,
SECURE Act
The Consolidated Appropriations Act of 2021 generally requires group health plans and health insurance issuers to submit a Gag Clause Prohibition Compliance Attestation (Attestation) each year to demonstrate compliance with...more
11/1/2023
/ Attestation Deadlines ,
Compliance ,
Consolidated Appropriations Act (CAA) ,
Deadlines ,
Department of Health and Human Services (HHS) ,
Department of Labor (DOL) ,
Employee Benefits ,
Employer Group Health Plans ,
Gag Clauses ,
Health Insurance ,
HRA ,
U.S. Treasury
The SECURE 2.0 Act made sweeping changes to Internal Revenue Code (Code) and ERISA provisions governing employee benefit plans. In a recent letter to the Department of the Treasury and the Internal Revenue Service, the...more
7/13/2023
/ Employee Benefits ,
Employee Retirement Income Security Act (ERISA) ,
Employees ,
Employer Liability Issues ,
IRS ,
Legislative Agendas ,
Required Minimum Distributions ,
Roth IRA ,
SECURE Act ,
Small Employer Plans (SEPs) ,
Startups ,
Tax Credits ,
Wage and Hour
The Internal Revenue Service (IRS) has announced that beginning June 1, 2023, it will accept determination letter applications for individually designed 403(b) retirement plans. As background, 403(b) plans are a distinct type...more
As 2021 winds down, retirement plan sponsors should confirm that their plan documents are amended by December 31, 2021, to comply with certain plan changes:
• Hardship Distributions. 401(k) plans and 403(b) plans must be...more
12/15/2021
/ American Rescue Plan Act of 2021 ,
Benefit Plan Sponsors ,
CARES Act ,
Collective Bargaining Agreements (CBA) ,
Corporate Counsel ,
Deadlines ,
Discretionary Clauses ,
Employee Benefits ,
Hardship Distributions ,
PBGC ,
Retirement Plan ,
SECURE Act ,
Year-End Planning
On July 26, 2021, the Department of Labor (Department) issued frequently asked questions (FAQs) regarding the interim final rule (IFR) on lifetime income illustrations (LIIs) that must be included in participants’ pension...more
On May 21, 2021, the terms of the proposed class action settlement in Cates v. The Trustees of Columbia University in the City of New York, Case No. 1:16-cv-06524 (S.D.N.Y) were announced. The case, which was filed in 2016,...more
In response to the current economic crisis caused by COVID-19, many companies are considering cost-savings measures to improve their companies’ financial stability. One such cost-saving option is the reduction or suspension...more
The IRS Office of Chief Counsel recently issued a memorandum (https://www.irs.gov/pub/irs-lafa/20200801f.pdf) that responded with a resounding “No” to the question of whether an employer shared responsibility payment (ESRP)...more