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IRS Releases “Issue Snapshot” on the Timing Rules Governing the Deductibility of Retroactive Employer Contributions to a 401(k)...

The IRS periodically issues tax-related “Issue Snapshots” that can be of interest to employers and practitioners alike. A recent “Issue Snapshot” discusses the timing rules that govern the deductibility of retroactive...more

Enhancing Retirement Readiness Using Employer Matching Contributions on Qualified Student Loan Payments

Many employees who have had to resume repaying their federal student loans this month may find it harder to continue contributing to their employers’ retirement plans. For some employees, there simply is no room in the family...more

SECURE 2.0 Act of 2022 - What it Means for 403(b) Plans

The SECURE 2.0 Act of 2022 (“SECURE 2.0”), enacted on December 29, 2022, as Division T of the Consolidated Appropriations Act, 2023 (Public Law No. 117-328), builds upon many changes made earlier by the Setting Every...more

SECURE 2.0 Act of 2022 - What it Means for Retirement Plan Distribution Rules

The SECURE 2.0 Act of 2022 (“SECURE 2.0”) was enacted on December 29, 2022, as Division T of the Consolidated Appropriations Act, 2023, the U.S. federal government’s spending bill for fiscal year 2023. SECURE 2.0 builds upon...more

DOL Raises “Serious Concerns” About 401(k) Plan Investments in Cryptocurrencies

On March 10, 2022, the U.S. Department of Labor (DOL) issued Compliance Assistance Release No. 2022-01 (the “Release”, available here) which cautions ERISA plan fiduciaries to exercise “extreme care” before they consider...more

Supreme Court Reaffirms That Defined Contribution Retirement Plan Fiduciaries Must Continually Monitor Investment Options and...

On January 24, 2022, in Hughes v. Northwestern University, the U.S. Supreme Court unanimously affirmed its 2015 decision in Tibble v. Edison International, holding that fiduciaries of ERISA-subject defined contribution...more

Plans and Issuers Must Cover the Cost of OTC COVID-19 Tests (If You Can Find Them) by Saturday, January 15, 2022

On December 2, 2021, President Biden announced that the Departments of Labor, Health and Human Services (HHS) and the Treasury (the “Departments”) would issue guidance by January 15, 2022 to clarify that individuals who...more

IRS Releases Information Letters on Substantiation Rules for Health FSA Debit Cards

The IRS recently released two Information Letters addressing the substantiation rules that apply to health flexible spending account (FSA) debit cards. (As an aside, IRS Information Letters call attention to a...more

DOL Issues FAQs on Lifetime Income Disclosures for Defined Contribution Plans

On July 26, 2021, the U.S. Department of Labor’s (DOL) Employee Benefits Security Administration (EBSA) issued Temporary Implementing Frequently Asked Questions (FAQs) on the Interim Final Rule (IFR) which the EBSA had...more

Reminder: Don’t Forget to Timely Furnish the Required Notice of Expiration of the ARP COBRA Premium Subsidy Period!

The American Rescue Plan Act of 2021 (the ARP, enacted on March 11, 2021) provides a temporary 100% COBRA premium subsidy to any assistance eligible individual (AEI) who loses employer-sponsored group health coverage due to a...more

IRS Updates EPCRS Plan Correction Program

On July 16, 2021, the IRS issued an updated version of the Employee Plans Compliance Resolution System (EPCRS), set forth in Revenue Procedure 2021-30. The new EPCRS modifies and supersedes the previous EPCRS, set forth in...more

DOL Finally Issues Cybersecurity Guidance for Retirement Plans

On April 14, 2021, the U.S. Department of Labor’s (DOL’s) Employee Benefits Security Administration (EBSA) finally issued first-ever guidance for plan sponsors, plan fiduciaries, record keepers and plan participants on best...more

DOL Issues Model Notices, FAQs and Other Guidance About the ARP COBRA Premium Subsidy

On April 7, 2021, the U.S. Department of Labor (DOL) issued welcome guidance - including eagerly-anticipated model notices - to help employers and their COBRA administrators implement the temporary six-month (April 1 to...more

New COBRA Premium Subsidy Law Requires Prompt Action by Employers and COBRA Administrators

On March 11, 2021, President Biden signed into law the American Rescue Plan Act of 2021 (“ARPA”), a $1.9 trillion COVID-19 economic stimulus bill which provides eligible qualified beneficiaries with up to six months of free...more

A Summary of Key Employee Benefits and Executive Compensation Provisions in the American Rescue Plan Act

On March 11, 2021, President Biden signed into law the American Rescue Plan Act of 2021 (“ARPA”), a $1.9 trillion COVID-19 economic stimulus bill. ARPA contains provisions affecting employee benefits and executive...more

President Signs Massive $2 Trillion Stimulus Package Permitting Retirement Plan Distributions and Loan Relief to Participants...

Today, the House of Representatives passed by voice vote and the President signed into law the Coronavirus Aid, Relief, and Economic Security Act (the CARES Act, [H.R. 748]) a $2 trillion relief package - the largest stimulus...more

The March 31, 2020 Deadline to Amend 403(b) Plan Documents Looms Large, and Other Remedial Plan Amendment Deadlines Will Follow

The March 31, 2020 deadline to correct form defects in individually-designed 403(b) plan documents seemed a tiny speck on the distant horizon when the IRS announced it in early 2017. But now, March 31, 2020 looms large and...more

Apples, Oranges, and Fees Oh My

If you are a 401(k) plan sponsor, advisor, or other service provider, you may want to check your "grocery bill"—your 401(k) "bill" that is. Recently, a participant in T. Mobile USA, Inc.’s 401(k) plan filed suit against...more

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