News & Analysis as of

Internal Revenue Service Benefit Plan Sponsors Plan Documents

The United States Internal Revenue Service is a bureau of the United States Department of the Treasury. The IRS is charged with collecting revenue and enforcing the Internal Revenue Code.  
Ary Rosenbaum - The Rosenbaum Law Firm P.C.

Forfeitures and Fiduciary Risk: What Plan Sponsors Need to Know Now

Forfeitures have long been a sleepy corner of 401(k) plan administration, but recent class-action lawsuits are waking everyone up....more

Harris Beach Murtha PLLC

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

Harris Beach Murtha PLLC on

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

Eversheds Sutherland (US) LLP

The IRS CARES: Deadline extension for retirement plan amendments

​​​​​​​The IRS has extended the deadline for plan sponsors of qualified retirement plans and IRAs to make amendments under the Coronavirus Aid, Relief, and Economic Security Act (CARES Act) and the Taxpayer Certainty and...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

So You Missed the IRS’s Preapproved Defined Contribution Retirement Plan Restatement Deadline - Now What?

Every six years, all preapproved defined contribution retirement plans (such as 401(k) plans) must be restated in new plan documents that have fresh approval from the Internal Revenue Service (IRS). The deadline to adopt the...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

Deadline for ‘Pre-Approved’ Retirement Plan ‘Cycle 3’ Documents: July 31 Is Fast Approaching!

Employers that provide 401(k) and other defined contribution retirement plans to their employees on plan documents that have been “pre-approved” by the Internal Revenue Service (IRS) must sign updated documents by July 31,...more

Williams Mullen

Plan Sponsors Should Review Restated Pre-Approved Plan Documents with Care

Williams Mullen on

Employers using pre-approved plan documents for their defined contribution retirement plans, such as 401(k) plans, should carefully review restated adoption agreements and basic plan documents that may be issued by their...more

Harris Beach Murtha PLLC

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

BCLP

New Year’s Resolution for 403(b) Plan Sponsors

BCLP on

Previously we posted on our blog about a deadline looming in the distance for 403(b) plan sponsors to adopt a pre-approved plan document. Now that 2020 has arrived, the deadline is just around the corner and imminent action...more

McDermott Will & Schulte

Smarter and Not Harder: The New IRS Hardship Distribution Regulations

McDermott Will & Schulte on

The Treasury Department and the IRS recently finalized new hardship distribution rules applicable to defined contribution plans. Plan sponsors should prepare for operational changes to comply with the new regulations,...more

Laner Muchin, Ltd.

IRS Finalizes Hardship Distribution Regulations For Qualified Retirement Plans

Laner Muchin, Ltd. on

Earlier this year, we summarized proposed Treasury regulations and the Bipartisan Budget Act of 2018, which made changes to the rules governing hardship distributions from 401(k) and 403(b) plans....more

Ogletree, Deakins, Nash, Smoak & Stewart,...

Final IRS Regulations for Hardship Distributions Incorporate a Decade of Legislative Changes

On September 23, 2019, the U.S. Department of the Treasury and the Internal Revenue Service (IRS) published final regulations that modify the hardship distribution rules for profit sharing, 401(k), 403(b), and eligible...more

Foley & Lardner LLP

Final Regulations on Hardship Distributions: Not Much New News is Good News

Foley & Lardner LLP on

If your company sponsors a 401(k) or 403(b) plan that allows participants to take hardship distributions, you probably had a conversation with your plan recordkeeper last year about changes to the rules on hardship...more

Troutman Pepper Locke

Limited Opportunity to Apply for an IRS Determination Letter for Cash Balance Plans

Troutman Pepper Locke on

For the one-year period beginning September 1, 2019 and ending August 31, 2020, plan sponsors of statutory hybrid plans will be able to apply for a favorable determination letter from the IRS....more

King & Spalding

Compensation and Benefits Insights – July 2019

King & Spalding on

In May 2019, the IRS issued Revenue Procedure 2019-20, which provides for a limited expansion of the determination letter program for certain individually-designed plans. Under this expansion, the IRS will accept...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

A Welcome Expansion: IRS Resuscitates Determination Letter Program

Beginning September 1, 2019, employers that sponsor cash balance plans and certain merged plans can sleep easier. Revenue Procedure 2019-20, issued by the Internal Revenue Service (IRS) on May 1, 2019, opens the IRS’s...more

Pillsbury Winthrop Shaw Pittman LLP

IRS Reopens Determination Letter Program for Hybrid and Merged Plans

Employers have new opportunity to obtain IRS approval of individually designed plan documents. Individually designed cash balance plans and other “statutory hybrid” pension plans can be submitted for IRS approval during...more

Bradley Arant Boult Cummings LLP

IRS Expands Determination Letter Program - Employee Benefits Alert

The Internal Revenue Service (IRS) has expanded the determination letter program for individually designed plans. Under Revenue Procedure 2019-20, the IRS will now accept determination letter applications for statutory hybrid...more

Williams Mullen

IRS Announces Changes to Determination Letter Options

Williams Mullen on

The Internal Revenue Service (“IRS”) recently issued guidance on two additional options for sponsors of qualified retirement plans to apply for and receive determination letters on the qualified status of their plans. The IRS...more

Ballard Spahr LLP

IRS Expands Determination Letter and Self-Correction Programs

Ballard Spahr LLP on

The IRS announced yesterday that it will expand its determination letter program for tax-qualified retirement plans. Under previous IRS procedures, a plan sponsor could submit its plan document to the IRS, and the IRS would...more

Ary Rosenbaum - The Rosenbaum Law Firm P.C.

IRS changes EPCRS program, expands self-correction program

After annoying many plan sponsors and plan providers by increasing user fees for their voluntary compliance program (VCP), the Internal Revenue Service (IRS) goes the other way by increasing the number of opportunities for...more

Bricker Graydon LLP

IRS expands Self-Correction Program

Bricker Graydon LLP on

Last week, the Internal Revenue Service (IRS) expanded opportunities to use the Self-Correction Program (SCP), permitting Plan Sponsors to correct certain Plan Document Failures and plan loan failures....more

Holland & Hart - Employers' Lawyers

Significant Expansion of IRS Self-Correction Program for Retirement Plan Errors

On April 19, 2019, the IRS issued Revenue Procedure 2019-19 (the “Revenue Procedure”), the latest update to and restatement of the Employee Plans Compliance Resolution System, its retirement plans correction program....more

Ary Rosenbaum - The Rosenbaum Law Firm P.C.

Out of the box only causes trouble

This is Spinal Tap has the great line that “there is a fine line between being clever and stupid.” The same can be said with plan provisions that are what I call: “out of the box.” I call it out of the box because it reminds...more

BCLP

Deadline Looming in the Distance for 403(b) Plans: What Plan Sponsors Should Be Doing Now

BCLP on

Last year when the IRS announced that the initial remedial amendment period for 403(b) plans will end March 31, 2020, the natural reaction to this very important (but rather remote) deadline was to immediately put it on the...more

Ary Rosenbaum - The Rosenbaum Law Firm P.C.

The Rosenbaum Law Firm Review - April 2018

Plan Sponsors Need To Fix Their Plan Errors Now! You can't wait, fix it now! For most of us, when we don't feel well, we go to the doctor. We don't wait until things get worse, we take care of things because there...more

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